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POLICY AND OVERSIGHT DIVISION (POD ) February 2014. Documentation of Evaluation for Award. Overview. In FY 2013, POD performed Acquisition Management Reviews (AMR) of NOAA’s Acquisition and Grants Office (AGO). To assist the Acquisition Divisions (AD), POD has

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policy and oversight division pod february 2014

POLICY AND OVERSIGHT DIVISION (POD)February 2014

Documentation of Evaluation for Award

overview
Overview

In FY 2013, POD performed Acquisition Management

Reviews (AMR) of NOAA’s Acquisition and Grants Office

(AGO). To assist the Acquisition Divisions (AD), POD has

developed training to address findings from the AMRs.

This training will identify negative trends found in AD

conduct and documentation of evaluation of offers

for award.

slide3

Objectives

  • Cite Federal Acquisition Regulation (FAR) requirement for establishing and maintaining complete contract files.
  • Cite policy on performance and documentation of the evaluation of offers for award.
  • Identify negative trends in evaluation of offers for award.
slide4

Requirement for Establishing Contract Files

(FAR 4.801)

4.801  General.

(a) The head of each office performing contracting, contract administration, or paying functions shall establish files containing the records of all contractual actions.

(b) The documentation in the files (see 4.803) shall be sufficient to constitute a complete history of the transaction for the purpose of—

(1) Providing a complete background as a basis for informed

decisions at each step in the acquisition process;

(2) Supporting actions taken;

(3) Providing information for reviews and investigations; and

(4) Furnishing essential facts in the event of litigation or

congressional inquiries.

(c) The files to be established include . . . a file for each contract.

slide5

Contents of Contract Files

(FAR 4.803)

4.803  Contents of contract files.

The following are examples of the records normally contained, if applicable, in contract files:

(a) Contracting office contract file:

. . .

(13) Source selection documentation.

. . .

(19) Cost or price analysis.

. . .

(21) Record of negotiation.

slide6

Required Proposal Evaluation Documents

(FAR 15.3, FAR 15.4, CAM 1315.3)

  • Technical evaluation report
  • Record of cost/price evaluation
  • Determination on need for negotiations or award without them
  • Competitive range determination
  • Record of negotiations held
  • Price negotiation memorandum or other record of price fair and reasonableness determination
slide7

Negative Trends Identified

  • No evidence of technical/price evaluations being performed.
  • Technical and price evaluations in contract files lacking sufficient detail to support decisions made.
  • Lack of documentation on negotiations (e.g., determination on need for negotiations, competitive range determination made, record of negotiations held).
  • Price fair and reasonableness determinations for contracts, orders, and modifications either missing or lacking sufficient facts to support the action.
slide8

Evaluation and Award (Simplified Acquisitions)

(FAR 13.106)

  • The contracting officer shall evaluate quotations or offers in an impartial manner.
  • Quotations or offers shall be evaluated on the basis established in the solicitation.
  • All quotations or offers shall be considered.
  • Purchasing offices shall retain data supporting purchases for management review purposes.
  • Before making award, the contracting officer must determine that the proposed price is fair and reasonable.
slide9

Proposal Evaluation (Source Selections)

(FAR 15.3)

  • An agency shall evaluate competitive proposals and then assess their relative qualities solely on the factors and subfactors specified in the solicitation.
  • Award may be made without discussions if the solicitation states that the Government intends to evaluate proposals and make award without discussions. If the Government determines it necessary to conduct discussions, the rationale for doing so shall be documented in the contract file.
slide10

Proposal Evaluation (Source Selections)

(FAR 15.3) (Cont’d)

  • Agencies shall evaluate all proposals in accordance with 15.305(a), and, if discussions are to be conducted, establish the competitive range.
  • Price or cost to the Government shall be evaluated in every source selection.
  • Past performance shall be evaluated in all source selections for negotiated competitive acquisitions expected to exceed the simplified acquisition threshold, unless excepted by the contracting officer.
slide11

Contract Pricing

(FAR 15.4)

  • Contracting officers shall purchase supplies and services from responsible sources at fair and reasonable prices.
  • The contracting officer is responsible for evaluating the reasonableness of the offered prices. Various analytical techniques and procedures may be used, singly or in combination with others, to ensure that the final price is fair and reasonable
  • The objective of proposal analysis is to ensure that the final agreed-to price is fair and reasonable.
slide12

Examples of Price Analysis Techniques

(FAR 15.404-1)

  • Comparison of proposed prices received in response to the solicitation.
  • Comparison of the proposed prices to historical prices paid.
  • Comparison of proposed prices with independent Government cost estimates.
  • Comparison with competitive published price lists, published market prices of commodities, and similar indexes.
  • Comparison of proposed prices with prices obtained through market research for the same or similar items.
slide13

Examples of Cost Analysis Techniques

(FAR 15.404-1)

  • Verification of cost data or pricing data and evaluation of cost elements.
  • Evaluating the effect of the offeror’s current practices on future costs.
  • Comparison of costs proposed by the offeror for individual cost elements with:
    • Actual costs previously incurred by the same offeror;
    • Independent Government cost estimates by technical personnel;
    • Other cost estimates received in response to the Government’s request.
slide14

Competitive Range Determination

(FAR 15.306)

Agencies shall evaluate all proposals in accordance with 15.305(a), and, if discussions are to be conducted, establish the competitive range.

slide15

Documentation of Negotiations

(FAR 15.406)

  • The contracting officer shall establish prenegotiation objectives before the negotiation of any pricing action.
  • When cost analysis is required, the contracting officer shall document the pertinent issues to be negotiated, the cost objectives, and a profit or fee objective
  • The contracting officer shall document in the contract file the principal elements of the negotiated agreement.
slide16

Conclusion

Inclusion of clear and complete documentation in contract files is essential to:

  • Furnish pertinent facts used as a basis for informed decisions at each step in the acquisition process;
  • Document the rationale for actions taken;
  • Provide a complete audit trail that may be used to support reviews and future investigations, litigation, or congressional inquiries;
  • Substantiate that good business decisions were made.