1.    Purpose

The purpose of the Contract Review Board (CRB) is to ensure that contract actions issued by the Facilities Contracts Branch (FCB) not only comply with Federal, Agency, and Branch policies, procedures, and regulations, but also reflect sound business judgment and protect the Government’s and ARS interests.

The purpose of this document is to: (1) identify contract actions that require review, (2) establish the composition and responsibilities of the CRB, and (3) outline the documentation required of the cognizant Contract Specialist/Contracting Officer (CS/CO).

2.    Board Membership/Attendance

The CRB will normally be comprised of the following personnel:

• Chief, Facilities Contracts Branch or her/his designee
• a Procurement Analyst (designated by the Chief, FCB)
• a CS/CO (designated by the Chief, FCB)

For contract modifications/change orders or other post-award issues, the Technical Representative (such as the Engineering Project Manager (EPM); the Chief, Facilities Engineering Branch (FEB); Chief, Real Property Management Branch (RPMB), Chief, Safety, Health & Environmental Management Branch (SHEMB) or their designee, may be requested to attend.

The CS/CO presenting a requirement to the CRB shall not be a member of the CRB reviewing that particular requirement.

3.    Actions To Be Reviewed

The actions below are to be reviewed by the CRB. It should be noted that CRB reviews are not limited strictly to these activities. A CRB may be requested for other actions with the approval of the Chief, FCB, or the Director, FD.

a.    Pre-Solicitaion Actions PRIOR to Release of the Silicitation

1. All requirements proposing to utilize Cost Reimbursement, Time and Materials, Labor Hour, and Letter Contracts; as well as proposed solicitations/contracts that include Incentive and/or Price Redetermination clauses.
2. All competitive Requests for Proposal (RFPs) expected to exceed $1 million, including A-E requirements.
3. All requirements whose schedule contains unusual pricing arrangements, additive/deductive items, multiple line items, etc.
4. All requirements that contain options and the associated Evaluation of Options clause.
5. All requirements expected to exceed $1 million using Other Than Full and Open Competition procedures, excluding 8(a) requirements. Task Orders for A-E services and construction under existing contracts are exempt, as well as Delivery Orders against GSA Federal Supply Schedule (GSA/FSS) contracts.
6. All requirements containing Liquidated Damages provisions exceeding $1,500 per day or requirements which include deviations to the Liquidated Damages Policy.
7. All requirements prohibiting the use of recovered materials or energy efficient products.
8. All design-build requirements.

b.    Pre-Award Actions

1. All actions that include a determination of procurement preference evaluation.
2. All mistakes in bids.
3. All instances involving rejection of bids, cancellations of solicitations, and cancellations of IFB’s and conversion to negotiated procurement.
4. All proposed CO final decisions on bid protests to the CO before award.
5. Proposed awards to other than the lowest bidder in sealed bidding procedures.
6. All Competitive Range decisions.

c.    Post-Award Action

1. All proposed CO final decisions on bid protests after award.
2. All proposed individual modifications/change orders whose total value exceeds $500,000, except for pre-priced options.
3. All undefinitized change orders.
4. All disputes that are leading to litigation, terminations for convenience and default, and settlement agreements, including proposed CO final decisions on these issues.
5. All proposed actions for use and possession of the facility (or a portion) prior to completion (Beneficial Occupancy) where the circumstances are unusual, such as there is only one facility involved and it is less than 75% complete .
6. All proposed actions to reinstate expired contracts to extend the completion date without consideration.

4.    Documentation Necessary For Review

The following documentation, at a minimum and as appropriate for the CRB issue at hand, must be submitted to each of the Board Members:

1. Transmittal Memorandum that contains:

   • a summary of what is being procured (i.e., Phase 1-Modernize Wing A at the Major Research Center), and
   • an outline of the issue(s), including the CS/CO’s rationale/position

2. Sections B, C (if appropriate or applicable portions), G, H, I, L, and M of the solicitation
   
3. Memoranda to the File, as appropriate:

• Justification for Other than Full & Open Competition
• Justification for the Use of Options
• Justification for the Use of Liquidated Damages
• Other Justifications as necessary
• Determination of Competitive Range
• Summary of Negotiations
• Summary of Award
• Notice of Protest
• Certified Claim
• Notice to Contractor regarding Termination, Beneficial Occupancy, etc.
• Other memoranda deemed pertinent to the issue(s) at hand, such as the CO’s Final Decision, EPM’s evaluation and/or concurrence with the proposed action, etc.

5.    Review Board Procedures

The cognizant CS/CO shall coordinate scheduling a CRB with the Secretary, FCB, who will maintain a Log Book of CRB’s and assign a log number to the Review. This Log Number must appear on the CRB Transmittal Memorandum in the "SUBJECT" line. All documentation shall be provided to each member of the CRB at least 5 (five) working days in advance of the meeting.

The Transmittal Memorandum shall contain the essential facts, figures, and background information in a complete and concise fashion and identify any/all unusual circumstances. The CS/CO shall ensure that, in her/his professional opinion, the action being presented is ready for review and in full compliance with all applicable Federal and Agency policies, procedures, and regulations.

The CS/CO is responsible conducting the presentation and for documenting the Board’s findings and recommendations on the attached "Contract Review Board Record." At the conclusion of the meeting, all members will sign this document; the original of which will be maintained with the contract file and a copy provided to the Secretary, FCB, for the CRB Log.

In those instances where the CRB conditionally approves the proposed action, the CS/CO will annotate the Record and take whatever corrective action is required, such as making the recommended changes and releasing the solicitation or decision. The cognizant CS/CO will send an e-mail to the Chief, FCB, (with a "cc" to the Secretary, FCB) that all recommended actions/changes have been accomplished.

In those instances where the CRB disapproves of the proposed action, the CS/CO will make all the necessary changes, coordinate the rescheduling of the CRB, and resubmit the requirement for review.

6.    Waivers

Requests for waiving the CRB procedures for a particular requirement are to contain a detailed rationale for this action. All requests are to be submitted in writing or via e-mail to the Chief, FCB, for approval.

 

_________________________________

BRENDA A. WOOD
Chief, Facilities Contracts Branch
Facilities Division

CRB Log No.:              

CONTRACT REVIEW BOARD RECORD

Date: ___________________________________

Project Title: ________________________________________________________________

Estimated Cost: ___________________________

[  ]     Pre-Sokicitaion                 [   ]    Pre-Award                       [   ]     Post Award

[  ]    Other:

__________________________________________                         _________________                                    Contract Specialist/Contractiong Officer                                                         (Date)

REVIEW BOARD ACTION

[  ]    Approved                        [   ]    Disapproved                         [   ]    Other Action as Indicated Below

____________________________________                                 _________________________________                   Chief, Facilities Contracts Branch                                                                             (Date)

_____________________________________                                 ________________________________       Member                                                                                                                 (Date)

______________________________________                                 _______________________________       Member                                                                                                                  (Date)

(W:\FCB\FORMS\CRBRECORD.WPD)