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  1. 16.505(b) Multiple Award IDIQ Orders - When must a CO provide each awardee a fair opportunity to compete?
    For each order exceeding $3,000 issued under multiple delivery-order contracts
  2. 16.505(b)(2) Exceptions to Fair Opportunity to Compete
    Less than $3,000,

    >3K<SAT - CO document basis for exception to foc (logical follow-on)

    >SAT - written justification describing action, supplies/service, rationale for no foc, determination by CO that costs will be fair and reasonable.
  3. •FAR 15.306: Exchanges
    • –All-encompassing term for interchanges between the Government and the Contractor
    • –Includes clarifications, communications, negotiations and discussions
  4. Clarifications
    • •Prior to an award without discussions
    • •Limited in scope
    • offeror may not change proposal
    • –Clerical errors
    • –Address relevance and adverse past performance
  5. Communications
    • •prior to establishment of competitive range
    • •Offerors may not change proposal
    • -Clerical errors
    • Address relevance and adverse past performance
  6. Discussions
    •occurring after the establishment of the competitive range

    •Must be meaningful – meaning it addresses all deficiencies, weaknesses, and strengths of their proposal

    •Ensures the Government has an understanding of the proposal and offerors are aware of concerns with their proposals

    •Results in revised proposals
  7. •FAR 15.505 & 15.506: Debriefings
    • –Required if requested by offeror within 3 days of notice of elimination from competitive range or notice of non-selection
    • –If eliminated from competitive range, offeror may request a debriefing either prior to or after award
  8. 15.503(b) Postaward notices to unsuccessful offerors
    • w/in 3 days of contract award, the co shall provide written notification that will include
    • # of offerors solicited
    • # of proposals received;
    • Name and address of awardee
    • Price of award
    • In general terms, the reason(s) the offeror’s proposal was not accepted, unless the price information in paragraph (b)(1)(iv) of this section readily reveals the reason.
    • .
    • Upon request, the co shall furnish the above informaiton in solicitations using SAT procedures.
  9. Elements of a Contract
    • •Offer
    • –A promise conditional on a return promise
    • •Acceptance
    • –Expression of assent to the terms of an offer
    • •Consideration
    • –Benefit to the promisor and detriment to the promisee
    • •Mutual Assent
    • –Meeting of the minds
    • •Legal Subject Matter
    • –Must be for a legal purpose
    • •Competent Parties
  10. Part 6.3 – Other Than Full and Open Competition

    •7 Exceptions to full and open competition
    • •Exception 1 - Only one responsible source*
    • •Exception 2 - Unusual and compelling urgency*
    • •Exception 3 - Industrial mobilization
    • •Exception 4 - International agreement*
    • •Exception 5 - Authorized by statute*
    • •Exception 6 - National security
    • •Exception 7 - Public interest
  11. •FAR 19.502-2: Small Business Set-Asides
    • –< SAT: Automatically set-aside unless the CO determines there is no reasonable expectation of obtaining competitive offers from 2 or more small businesses
    • –> SAT: Set-aside when the CO determines there is a reasonable expectation that offers will be obtained from at least two responsible small business concerns and award will be made at fair market prices
  12. •FAR 2.101: Commercial Item Definition
    • –Items of a type customarily available in the market
    • –Modified items must be available in the commercial market OR minor in nature
  13. •Benefits of commercial acquisitions
    • –Larger pool of contractors and items to meet requirements
    • –Shorter time to award
    • –Shorter time to delivery
    • –Less FAR required clauses
    • •May only use clauses other than FAR Part 12 clauses if both parties agree AND the FAR clause is consistent with commercial practices
    • –Simpler pricing approach (exempt from TINA)
    • –Simpler contract types (FFP, FP/EPA)
  14. Requirements Contract VS Indefinite Delivery/Indefinite Quantity (IDIQ) Contract
    • –Requirements
    • •No obligation to buy a specific quantity
    • •Obligated to buy all requirements for a specified period from that contractor
    • –IDIQ
    • •Obligated to buy a minimum quantity
    • •No obligation to buy any more from that contractor for the remaining period
  15. •FAR 16.504(c): Multiple Award IDIQ Contracts
    Multiple Award IDIQ is the preferred approach for IDIQ strategies unless CO determines
    • •There is only one capable source
    • •A better price will be obtained if only one contract awarded
    • •The cost of administering multiple contracts outweighs the expected benefits
    • •Projected orders so integrally related that only one source could reasonably perform
    • •Estimated value is less than SAT
    • •Multiple award is otherwise not in the best interest
  16. •FAR 16.505(b): Fair Opportunity to Compete (FOTC)
    • –For orders over $3K, must give all contractors who have a multiple award contract an opportunity to be considered for award
    • –Evaluation criteria must include price/cost
    • –Evaluate past performance on prior orders
    • –Other possible evaluation factors
    • •Potential impact on other orders
    • •Minimum order quantities
  17. –Exceptions to FOTC
    • •Urgent need drives unacceptable delay
    • •Unique or specialized capabilities drives only one source
    • •Logical follow-on to a previously completed effort
    • •Order necessary to fulfill minimum quantity requirements
    • –Exceptions to FOTC require a J&A-like document
  18. Best Value
    Integrated assessment of all evaluation criteria resulting in a decision that provides the greatest overall benefit in response to the requirement
  19. Two strategies for best value acquisitions
    • •Lowest Price Technically Acceptable Source Selection
    • •Tradeoff Source Selection
    • –The AF Performance Price Tradeoff (PPT) falls under this source selection strategy
  20. FAR 15.101-2: Lowest Price Technically Acceptable (LPTA) Source Selection
    • •Review offerors technical proposal and assign rating of acceptable/unacceptable
    • –If unacceptable, unawardable
    • •Review past performance and assign rating of acceptable/unacceptable
    • –If unacceptable, unawardable
    • –PCO may waive past performance evaluation if documented why it is not an appropriate evaluation factor
    • •Among acceptable offerors, award to offeror with the lowest price
  21. FAR 15.101-1, FAR 15.3, and DoD Source Selection Procedures: Tradeoff Source Selection

    •4 potential areas for tradeoffs
    • –Technical
    • –Technical Risk
    • –Past performance
    • –Cost/Price
    • •Section M must specify the criteria for tradeoffs
  22. AFFARS IG 5315.101-1: Performance Price Tradeoff (PPT)
    Locally, it is the most commonly used tradeoff process
    • •Review of technical proposal is the same as LPTA
    • •Must review past performance and assign a confidence rating
    • •Compare confidence rating and price
    • –Determine whether to tradeoff a higher price for a better past performance confidence rating
    • •Section M must specify the criteria for tradeoffs
  23. Pre Award Synopses: FAR 5.203
    • Threshold is $25K
    • Purpose for pre-award: encourage competition (especially among small businesses)
    • Pre-award synopsis over SAT: must publicize for 15 days before RFP release and RFP must be publicized for an additional 30 days
    • Exception: Commercial contracts may have combined synopsis/solicitation and be publicized for a time reasonable within the marketplace
  24. Part 1.6 – Legal Review
    Thresholds Operational, Non-Operational, J&A's
    • •Legal Review Thresholds:
    • –Other Contracting Non-Operational: $1M or more
    • –Other Contracting Operational: $500K or more
    • –J&As greater than $650K require legal review
    • •Legal review occurs prior to business or contract clearance when required
    • •Legally Insufficient Comments:
    • –Per AFMC MP5301.602-2, CO must resolve with attorney. If cannot be resolved, CO must identify the unresolved issue(s) in clearance briefing
  25. Purpose of Clearance
    • •Ensure contract actions effectively implement acquisition strategies
    • •Ensure contract actions result in fair and reasonable business arrangements
    • •Ensure contract actions are consistent with laws, regulations, and policies
    • •Ensure an independent review and assessment
  26. •Clearance Approval Thresholds
    • Non-operational
    • •$5M < $25M – Branch Chief
    • •>$25M < $50M – Division Chief
    • •>50M – SCCO
    • Operational
    • •500K - $1M – One level above the CO
    • •$1M - $10M – Division Chief
    • •>$10M - SCCO
  27. Evaluating the Past Performance
    • •Measures the level of confidence the Government has in the offeror’s likelihood of successfully performing the proposed effort
    • •Rating is established through a review and analysis of the offeror’s recent and relevant past performance
  28. Performance Confidence Ratings
  29. •FAR 15.306(c): Competitive Range Determination
    • –Determine those offerors whose proposals are most highly rated and with whom the Government will conduct negotiations/discussions
    • –May keep all offerors in the competitive range or eliminate the weakest proposals
    • –If awarding with discussions, will always have a competitive range determination first
  30. •Final Proposal Revision (FPR)
    • –Must conduct meaningful discussions with all offerors in the competitive range
    • –Must end discussions prior to FPR
    • •End when you understand the proposals
    • –Must obtain contract clearance prior to ending discussions for approval to release the FPR request
  31. •Post Award Synopses: FAR 5.301
    Threshold and Purpose
    • •Threshold is $25K
    • •Purpose: encourage subcontracting competition
  32. •FAR 15.505 & 15.506: Debriefings
    Postaward includes:
    • •Significant weaknesses or deficiencies in debriefed offeror’s proposal
    • •Overall evaluated cost or price
    • •Technical rating of successful and debriefed offeror
    • •Past performance rating of successful and debriefed offeror
    • •Overall ranking, if developed
    • •Summary of rationale for award
    • •If commercial, make and model of the successful
    • •Reasonable responses to relevant questions about whether source selection procedures were followed
  33. FAR 15.505 & 15.506: Debriefings
    Postaward shall not disclose
    • •Point by point comparison of offerors
    • •Information prohibited by FOIA
    • •Proprietary Information
    • –trade secrets
    • –privileged/confidential manufacturing processes
    • –privileged/confidential financial information
    • •Names of individuals providing past performance information
  34. •FAR 15.404: Price Analysis vs. Cost Analysis
    • –Price Analysis
    • •Evaluate proposed price without evaluating separate cost elements and profit to determine a fair and reasonable price
    • –Cost Analysis
    • •Evaluate the individual cost elements and profit and apply judgment to determine a fair and reasonable price
    • –Price analysis is the preferred method and is conducted even when cost analysis is performed
  35. •FAR 15.404: Price Analysis Techniques
    • –Adequate price competition
    • –Comparison to historical prices
    • –Information available in marketplace (e.g. published price list, commercial index)
    • –Comparison to independent government estimate
    • –Comparison to market research for same or similar items
    • –Analysis of pricing data provided by the offeror
    • •CO must obtain whatever data is needed to determine the price fair and reasonable
  36. •FAR 15.403: Certified Cost or Pricing Data Threshold
    • –Required for actions over TINA threshold ($700K)
    • •Exceptions:
    • –Adequate price competition
    • –Price set by law or regulation
    • –Commercial item
    • –Cost or pricing data is waived
    • •Current, Accurate and Complete
  37. •FAR 15.403: Data Other Than Certified Cost or Pricing Data
    • –Not certified
    • –Only minimum data necessary for the CO to determine a fair and reasonable price
  38. Part 1.6 – Ratifications
    •Ratification is the act of approving an unauthorized commitment by an official who has the authority to do so
  39. •FAR 17.207(c): Procedures to Exercise Option
    • •Funds are available
    • •Requirement still exists
    • •Exercise of option is the most advantageous method of fulfilling the need (consider price and other factors)
    • •Option synopsized IAW FAR Part 5
    • •Contractor is not listed on the EPLS
  40. •FAR 22.403-1: Davis Bacon Act
    When does it apply and what is required to be included?
    • –Applies to construction contracts valued at $2K or more
    • –Requires inclusion of Wage Determination (WD)
  41. •FAR 22.1002-1: Service Contract Act (SCA)When does it apply and what is required to be included?
    • –Applies to service contracts greater than $2,500
    • -Requires inclusion of Wage Determination
  42. •FAR 22.602: Walsh Healey When does it apply and what is required to be included?
    • –Applies to supply contracts greater than $15K
    • –Contains provisions regarding
    • •Minimum wages and fringe benefits
    • •Safe and sanitary working conditions
    • •Employee notification of minimum allowable compensation
    • •Equivalent federal employee classifications and wages

    –No WDs; no requirement for equitable adjustments
  43. –O&M Funds
    • •3400
    • •One year life for obligation
    • –Funds are available for expenditure (payment to the contractor) for 5 years after they expire
  44. –A contract funded by annual appropriations may cross fiscal years if
    • •It is for severable services, and
    • •The period of the contract awarded, option exercised, or order placed does not exceed one year
  45. •FAR 37.601: Characteristics of Performance-Based Service Contracts
    • –Performance Work Statement (PWS)
    • •Defines what we want, not how to do it
    • –Measurable performance standards
    • •Includes the method of assessing contractor performance
    • –Performance incentives where appropriate
    • •Includes positive and negative incentives
  46. Other than certified Order of Preference
    • *Data w/in the Govt
    • *Data from sources other than the offeror
    • *Offeror
  47. Non-Competitive Clearance
    • *Business - prior to negotiations
    • *Contract - prior to award
  48. Competitive Clearance
    • * Business - prior to solicitation
    • * Contract - prior to final proposal revisions
    • * Contract - prior to award
  49. Show Cause Notice
    *Notice to call the contractors attention to the contractural liabilities and request the contract to show why it should not be terminated for default.
  50. Cure Notice
    *Use to terminate for default before the delivery date. Contractor given 10 days to fix the problem identified in the notice or face termination.
  51. J&A Authority Thresholds
    • *$150k - $650k: CO.
    • *$650k - $12.5M: Competition Advocate.
    • *$12.5M - $85.5M: Head of Procuring Activity - (delegated to SES at requiring center)
    • *>$85M: Deputy Assistant Secretary (Contracting)
Card Set:

Career Board October 2011
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