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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

Contracting Regulations:

Federal Acquisition

Regulation = FAR

Defense Federal

Acquisition

Regulation Supplement

= DFARS

Army FAR Supplement

= AFARS


Pre award considerations chapter 3

Even More Regulations, Policies

And Instructions:

USAMRMC Regulations

Procurement Advisory

Notices = PANs

USAMRAA Local Policies


Pre award considerations chapter 3

“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


Pre award considerations chapter 3

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


Pre award considerations chapter 3

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


Pre award considerations chapter 3

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


The key propositions
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.


Matching requirements to qualifications
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.


Market research
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


Use of brand names
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”


Unusual and compelling urgency
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?


Unusual and compelling urgency1
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


Pre award considerations chapter 3

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


Pre award considerations chapter 3

CHARACTER OF SERVICES

FAR Part 37

PERSONAL v.s. NON-PERSONAL SERVICES

Relatively continuous supervision

and control, creating an employer-

employee relationship


Pre award considerations chapter 3

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


Pre award considerations chapter 3

NON PERSONAL SERVICES

ADMINSTRATIVE SUPERVISION

VS.

TECHNICAL OVERSIGHT

FAR 37


Pre award considerations chapter 3

IDENTIFY THE NEED

FAR 7 and 11

FIRST STEP IN THE ACQUISITION PROCESS


Pre award considerations chapter 3

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


Pre award considerations chapter 3

MARKET

RESEARCH

FAR 10

A shared responsibility -

Conduct market research to

determine if sources are

available to satisfy

the Govt.’s need.


Pre award considerations chapter 3
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


Description of need
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


Pre award considerations chapter 3

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


Pre award considerations chapter 3

ESSENTIAL CHARACTERISTICS

  • Used to decide “or equal”

  • Physical dimensions

  • Performance features

  • Interface capabilities

  • Supportability


Pre award considerations chapter 3

PURCHASE REQUEST

DESCRIPTION OF THE NEED

INDEPENDENT GOVERNMENT

ESTIMATE

SUGGESTED SOURCE

COMMAND APPROVAL

FUNDS

PWS/SOO

POINT OF CONTACT

FAR 11


Funds
FUNDS

  • Must be appropriate as to

    • Time

    • Purpose

    • Amount

  • Failure to use funds appropriately may result in an Anti-Deficiency Act violation


Pre award considerations chapter 3

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


Pre award considerations chapter 3

Disclosure of procurement

Info. 41 USC 423 (a)(b)

PROCUREMENT SENSITIVE

INFORMATION IS LIMITED

TO THOSE WITH A NEED

TO KNOW.

FAR 3


Pre award considerations chapter 3

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


Pre award considerations chapter 3

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.