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PRE AWARD CONSIDERATIONS CHAPTER 3

PRE AWARD CONSIDERATIONS CHAPTER 3. Contracting Regulations:. Federal Acquisition Regulation = FAR Defense Federal Acquisition Regulation Supplement = DFARS. Army FAR Supplement = AFARS. Even More Regulations, Policies And Instructions:. USAMRMC Regulations Procurement Advisory

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PRE AWARD CONSIDERATIONS CHAPTER 3

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  1. PRE AWARD CONSIDERATIONS CHAPTER 3

  2. Contracting Regulations: Federal Acquisition Regulation = FAR Defense Federal Acquisition Regulation Supplement = DFARS Army FAR Supplement = AFARS

  3. Even More Regulations, Policies And Instructions: USAMRMC Regulations Procurement Advisory Notices = PANs USAMRAA Local Policies

  4. “First the earth cooled . . .” • Pre-1984: Armed Services Procurement Regulation (ASPR) • 1984- FAR • 1987 Ill Wind and Procurement Integrity • 1994 FASA • 1996 FARA • Boeing and OEF/OIF Abuses • Today: More oversight, less • discretion

  5. MISSION FOR DOD ACQUISITION Establish affordable solutions to capabilities Acquire supplies & services to meet desired needs Provide the best value FAR 1.102 and 5-12

  6. MISSION FOR DOD ACQUISITION (continued) • Use the most efficient, timely, and • effective acquisition strategy. • Support the nation’s social policies. • Protect the public trust. • Have an industrial base of globally • competitive U.S. suppliers FAR 1

  7. Competition Full and Open Full and Open After Exclusion Other than Full and Open FAR 6.2 ,6.3, 8.405-6, 16.505, and 19 Justification & Approval Needed

  8. The Key Propositions • The justification must match the Government’s minimum requirements to the contractor’s unique qualifications. • Best does not equal only. • The justification must match the Government’s minimum requirements to the contractor’s unique qualifications. • Best does not equal only.

  9. Matching Requirements to Qualifications • Block 3, Description of Supplies/Services (Lock) • The USAMRMC requires a file archiving system that is searchable by key words, capable of storing records up to 4 MB, and is compliant with the latest DOD network security requirements. • Block 5, Reason for Authority Cited (Key) • There are many archiving systems that are searchable by key words, and four of these are also capable of storing records up to 4 MB. Of these four, only the system offered by Archiving Associates is compliant with the latest DOD network security requirements. • Block 3, Description of Supplies/Services (Lock) • The USAMRMC requires a file archiving system that is searchable by key words, capable of storing records up to 4 MB, and is compliant with the latest DOD network security requirements. • Block 5, Reason for Authority Cited (Key) • There are many archiving systems that are searchable by key words, and four of these are also capable of storing records up to 4 MB. Of these four, only the system offered by Archiving Associates is compliant with the latest DOD network security requirements.

  10. Market Research • Required for every sole source justification • Market research drives the need for the justification • The justification does not provide a reason for not doing market research

  11. Use of Brand Names • Requires a sole source justification • Justification must be published in some cases • Instead of “Brand Name Only” consider “Brand Name or Equal”

  12. Unusual and Compelling Urgency • Circumstances giving rise to urgency • How we got here does matter • Impact Statement • Substantial harm to the Government • Compete to the maximum extent practicable • What if practicable = one?

  13. Unusual and Compelling Urgency • Award now, justify later • Confirm the basis for urgency with CO and, if necessary, Competition Advocate • No synopsis required • Oral RFQs, quotes, and even awards possible • Must publish J&A after the fact

  14. RISK MANAGEMENT Pre Award CO must decide how much cost risk is fair for the contractor to bear in order to select the right contract type. Post Award CO must decide how much surveillance is necessary in keeping with the level of risk. This is directly related to the COR mission. FAR 1,5-12,14,32,37,46

  15. CHARACTER OF SERVICES FAR Part 37 PERSONAL v.s. NON-PERSONAL SERVICES Relatively continuous supervision and control, creating an employer- employee relationship

  16. NON PERSONAL SERVICES GOVERNMENT CAN NOT TREAT CONTRACTORS THE SAME AS IT TREATS IT’S EMPLOYEES. COR IS TO MONITOR PERFORMANCE NOT TELL THE CONTRACTOR WHAT TO DO. FAR 37

  17. NON PERSONAL SERVICES ADMINSTRATIVE SUPERVISION VS. TECHNICAL OVERSIGHT FAR 37

  18. IDENTIFY THE NEED FAR 7 and 11 FIRST STEP IN THE ACQUISITION PROCESS

  19. MARKET RESEARCH Needs to be done for all procurements What is the difference Between market research And soliciting a quote or Requesting a proposal? FAR 10

  20. MARKET RESEARCH FAR 10 A shared responsibility - Conduct market research to determine if sources are available to satisfy the Govt.’s need.

  21. Market Research- The collecting and analyzing of information about the market’s capabilities to satisfy agency needs. (FAR Part 10) • Search market via: • Internet • Catalogs, product literature • Phone calls to companies • Marketing representatives • Determinations: • Availability in marketplace/off-the-shelf • Function, performance, physical characteristics • Estimated cost and affordability • Delivery schedule • Warranties, manuals, etc. • Quality and expected life

  22. DESCRIPTION OF NEED • Statement of Objectives (SOO) • Measurable outcomes • Few, if any, performance constraints • Contractor proposes Statement of Work • Performance Work Statement (PWS) • Defined tasks and deliverables • Some performance constraints • Statement of Work (SOW) • Many performance constraints • Not performance-based • Equipment • Essential Characteristics

  23. PERFORMANCE WORK STATEMENTS • Start with deliverables • Use outcome metrics whenever possible • Add performance constraints • Security • References • Hours, location • Add tasks • What but not “how to” • Helpful information • Desired qualifications • Anticipated level of effort

  24. ESSENTIAL CHARACTERISTICS • Used to decide “or equal” • Physical dimensions • Performance features • Interface capabilities • Supportability

  25. PURCHASE REQUEST DESCRIPTION OF THE NEED INDEPENDENT GOVERNMENT ESTIMATE SUGGESTED SOURCE COMMAND APPROVAL FUNDS PWS/SOO POINT OF CONTACT FAR 11

  26. FUNDS • Must be appropriate as to • Time • Purpose • Amount • Failure to use funds appropriately may result in an Anti-Deficiency Act violation

  27. EVALUATING OFFERS Contracting Officer relies on the technical experts for the technical evaluation. Minimum services evaluation: level of effort, labor mix Equipment evaluation: Compliance with EC’s, performance above

  28. Disclosure of procurement Info. 41 USC 423 (a)(b) PROCUREMENT SENSITIVE INFORMATION IS LIMITED TO THOSE WITH A NEED TO KNOW. FAR 3

  29. THE CONTRACTOR IN LINE FOR AWARD MUST BE DETERMINED RESPONSIBLE. THE PERSON THAT WILL BE THE COR IS NOT PERMITTED TO GIVE THE CONTRACTOR A SIGNAL TO PROCEED. FAR 12,13,14,15

  30. FAR 33 PROTEST Can delay the performance of work. The technical experts for the requiring activity may be called upon to assemble the bid protest file and to testify.

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