2.1.7 Emergency Acquisition Top of Page

FAR 5.202(a)(2): The proposed contract action is made under the conditions described in FAR 6.302-2 [Unusual and Compelling Urgency] (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203. When access to the Government wide Point of Entry at www.fedbizopps.gov is not available, solicitations should be posted in a public place at the contracting office to the maximum extent practicable. Often referred to as a “bid board,” the area is also used for announcing awards and displaying other procurement information.

2.1.8 Procurement Instrument Numbering Top of Page

When the Contracting Officer initiates a new procurement instrument, it needs a specific tracking number. The NOAA Acquisition Handbook prescribes policy and procedures for assigning numbers to solicitations, contracts, and related instruments. These numbers are referred to as Procurement Instrument Identification Numbers (PIINs). The purpose of this number is to aid in tracking all actions. The following is an example of a PIIN:

Activity Code(1) Activity Code(2) FY Document Type Serial Number

EA 133R 08 CN 0109

PIIN Log: A PIIN Log is utilized to ensure all contract actions are recorded. The Commerce Standard Acquisition Reporting System (CSTARS) C.Buy module automatically assigns PIIN numbers and establishes a PIIN Log; however, if manual PIIN numbering is used because C.Buy is not available in the emergency acquisition environment, a manual PIIN Log must be created and should contain the following information, at a minimum:

PII Number.
Contractor’s Name, Address, Phone Number, Email, etc.
PR Number.
Solicitation or contract award date.
Contract completion date.
Solicitation or contract award amount.
Contracting Officer who solicited or awarded the contract.
Contracting Officer’s Representative (COR) name.

2.2 Competition Requirements

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Factors that influence the number of sources solicited include the following:

· The nature of the supply or service to be purchased and whether it is highly competitive and readily available in several makes or brands, or if it is relatively noncompetitive.

· Information obtained in making recent purchases of the same or similar item.

· The urgency of the proposed purchase.

· The dollar value of the proposed purchase.

· Past experience concerning specific Vendors’ prices.

Soliciting multiple Vendors is not required for procurements below the micro-purchase threshold or those under the Small Business Association (SBA) 8(a) Business Development Program ($5.5 million for manufacturing and $3.5 million for all other requirements).

Micro-purchase Solicitations. For purchases not exceeding the micro-purchase threshold, one quote is acceptable if deemed reasonably priced (FAR 13.202). Purchases should be equally distributed among qualified suppliers; that means acquisitions under the micro-purchase threshold should be rotated among Vendors so as not to show favoritism to any one Vendor.

Solicitations exceeding the micro-purchase threshold. Contracting Officers are required to promote competition by soliciting competitive quotes for actions above the micro-purchase threshold whenever practicable. Contracting Officers shall solicit quotes from at least three responsible, qualified sources (FAR 13.104) to promote competition to the maximum extent possible. Whenever practicable, quotations or offers should be requested from two sources not included in the previous Solicitation. All qualified sources must, upon request, be allowed to submit a quotation if the quote is submitted in a timely fashion.

2.3 Solicitation Development

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There are three methods of solicitation; they include Simplified Acquisition Procedures, Sealed Bidding (to include 2-Step Sealed Bidding) and Contracting by Negotiation. Each method has an appropriate use.

Simplified Acquisition Procedures (SAP) – this method shall be used to the maximum extent practicable for all purchases of supplies or services not exceeding the simplified acquisition threshold (SAT), or in the case of commercial items, (FAR 13.5, Test Program For Certain Commercial Items), SAP may be used for acquisitions greater than the SAT but not exceeding $6.5 million.

Sealed Bidding – this method shall be (See FAR 14.103-1(a)) used when time permits, award will be made on the basis of price and price related factors, the requirement is definitive, there is not a need to hold discussions with any potential bidders and there is a reasonable expectation of receiving more than one sealed bid. Sealed bidding is a method of contracting that employs competitive bids, public opening of bids and awards. Two-Step Sealed Bidding is a combination of competitive procedures designed to obtain the benefits of sealed bidding when the requirement is not definitive. See FAR 14.5.

Contracting by Negotiation – negotiated procedures are used for more complex, commercial and noncommercial requirements and where there may be a need to negotiate or hold discussions with potential offerors.

The Government communicates its requirements to prospective Offerors by issuing a Solicitation in the form of a Request for Quotation (RFQ)* when using Simplified Acquisition Procedures, an Invitation for Bid (IFB) when using Sealed Bidding or a Request for Proposal (RFP) when using Negotiated Procedures. The structure and content of a Solicitation varies depending upon whether it is for a simplified, negotiated acquisition, or for sealed bidding. At a minimum, Solicitations describe the Government’s requirement, anticipated terms and conditions that will apply to the contract, information required in the offer, and (for competitive acquisitions) the criteria that will be used to evaluate the offer and the relative importance of evaluation factors. The Solicitation is a robust expression of the Procurement Request (PR) package requirements.

* An RFQ is only request for information, quotes submitted in response to it are not offers, and may not be accepted by the Government to form a binding contract, see FAR 13.004.

It is important that Solicitations are crafted in a manner that clearly communicates both the Government’s need and the planned evaluation methodology, and it is imperative that the Government then follow that methodology during the Evaluation. The Government Accountability Office (GAO) consistently denies protests where it finds that agencies acted consistently with the Solicitation. Conversely, GAO has consistently sustained protests where the Solicitation was unclear or the agency acted inconsistent with the terms of the Solicitation.

NOAA uses the C.Buy module to the Commerce Standard Acquisition Reporting System (CStARS) to create and issue Solicitations. The Contracting Officer uses the information in the PR package and C.Request (see APG Planning Module APG 1.10) to develop the Solicitation in C.Buy by incorporating appropriate FAR, CAR, and local clauses and provisions. Once complete, the draft Solicitation must go to the Project Officer for review. Counsel Review and NOAA AGO Reviews are required in accordance with NOAA Acquisition Handbook, Part 4, DAO 208-05, Procurement Memorandum (PM) 2010-04, PM 2011-05, Acquisition Alerts - AA 10-04 and AA 10-05.

2.3.1 Simplified Acquisitions Top of Page

The Government communicates its requirements to prospective Offerors by issuing a Solicitation. For simplified acquisitions, the Solicitation takes the form of an SF 18 Request for Quotation (RFQ) or an SF 1449, Solicitation/Contract/Order for Commercial Items. At a minimum, Solicitations describe the Government’s requirement, quantities and/or anticipated terms and conditions, information required in the offer/quote, the criteria that will be used to evaluate the offer, and the response deadline.

Under FAR 13, the Contracting Officer has broad discretion in fashioning suitable evaluation procedures (FAR 13.106). If using price and other factors as evaluation criteria, the Contracting Officer must ensure that quotations can be evaluated in an efficient and minimally burdensome fashion. Formal evaluation plans and establishing a competitive range, conducting discussions, and scoring quotations or offers are not required. Solicitations are not required to state the relative importance assigned to each evaluation factor and subfactor, nor are they required to include subfactors, unlike FAR 15 procurements. It is incumbent upon the Contracting Officer to ensure requirements have been described clearly and concisely to each and every Vendor.

Solicitations for commercial item procurements (FAR 12) and simplified acquisition solicitations (FAR 13.106) follow a streamlined format. Those acquisitions under $6.5 million may follow the Solicitation procedures under FAR 13. Acquisitions greater than $6.5 million are not eligible for streamlined Solicitation procedures and follow the procedures under FAR 15 (see APG 2.3.2). See the NOAA Solicitation Preparation Guide for the Acquisition of Commercial Items.

2.3.1.1 Oral Solicitations Top of Page

Contracting Officers are encouraged to request quotations orally if the acquisition:

· Does not exceed the Simplified Acquisition Threshold (SAT);

· Is more efficient than soliciting electronically; and

· Does not require a synopsis to be posted on FedBizOpps due to its being less than $10,000 (NOAA AGO Policy) or based on an exception per FAR 5.202.

Oral Solicitations have the benefit of saving time, minimizing paperwork, and maximizing competition. Therefore, oral Solicitations are less administratively expensive than written Solicitations. When speaking with a Vendor, the Contracting Officer should describe the requirement completely and request a quote within a specified period of time (response time should be reasonably based upon the value and complexity of the action). The Contracting Officer should also request the Vendor’s business size and cage code, and then verify these on the Central Contractor Registration (CCR) website prior to quote evaluation. The quotation should contain the following, as applicable: Vendor’s name; model number, part number, and/or catalog number; unit and extended price; delivery date; transportation terms; and prompt payment discounts.

The Contracting Officer shall establish and maintain documentation of oral quotes to determine the best value for the Government. It may not be wise to solicit orally when one or more of the following conditions exists:

· A lengthy specification or work statement must be communicated to a Vendor.

· Soliciting quotes for services over $2,500.

· Soliciting quotes for numerous items.

· After advertising in FedBizOpps, many Vendors have requested participation in the Solicitation.

2.3.1.2 Written Solicitations Top of Page

Contracting Officers may issue written Solicitations at their discretion, if electronic or oral quotations are impracticable and the contract action is likely to exceed $25,000. Written Solicitations may be issued using SF 18 Request for Quotations or SF 1449 Solicitation/Contract/Order for Commercial Items.

Contracting Officers may use SF 1449 if the acquisition is expected to exceed the Simplified Acquisition Threshold (SAT) and is not a combined Synopsis/Solicitation.

When using a combined Synopsis/Solicitation, the SF 1449 will not be used and the Contracting Officer will prepare the Synopsis/Solicitation as described in FAR 5.207 and FAR 12.603.

Combine Synopsis/Solicitation. The Contracting Officer shall prepare the Combined Synopsis/Solicitation as described at FAR 5.207 and include the following additional information in the description as required by FAR 12.603:

· The following statement: “This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only Solicitation; proposals are being requested and a written Solicitation will not be issued.”

· The Solicitation number and a statement that the Solicitation is issued as a Request for Quotation (RFQ).

· A statement that the Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (fill in with current FAC number).

· A notice regarding any set-aside and the associated NAICS code and small business size standard.

· A list of Contract Line Item Number(s) (CLINS) and items, quantities and units of measure, (including Option(s), if applicable).

· Description of requirements for the items to be acquired.

· Date(s) and place(s) of delivery and acceptance and Free On Board (FOB) point.

· A statement that the provision at FAR 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition and a statement regarding any addenda to the provision.

· A statement regarding the applicability of the provision at FAR 52.212-2, Evaluation—Commercial Items, if used, and the specific evaluation criteria to be included in paragraph (a) of that provision. If this provision is not used, describe the evaluation procedures to be used.

· A statement advising Offerors to include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, with its quote.

· A statement that the clause at FAR 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition and a statement regarding any addenda to the clause.

· A statement that the clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition.

· A statement regarding any additional contract requirement(s) or terms and conditions (such as warranty requirements) determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices.

· A statement regarding the Defense Priorities and Allocations System and assigned rating, if applicable.

· The date, time and place offers are due.

· The name and telephone number of the individual to contact for information regarding the Solicitation.

Note: If an acquisition contains brand name specifications, the contracting officer shall include with the solicitation the justification or documentation required by FAR 6.302-1(c), FAR 13.106-1(b), or FAR 13.501, redacted as necessary (see FAR 6.305).

Once the Combined Synopsis/Solicitation has been prepared and any required review approvals obtained, the Contracting Officer should post to FedBizOpps. If desired, the Contracting Officer may sign the form to establish an award, sending a copy of the order to the Contractor (which results in a unilateral order). If the Contracting Officer intends to issue the Purchase Order as a bilateral award, he/she should advise the Contractor to sign and return the order.

Options may be used in simplified acquisition Solicitations provided the aggregate value of the acquisition including all Options does not exceed the SAT and the requirements of FAR 17.2 are met. (See APG 2.3.5.)

The Contracting Officer may determine that a written Solicitation is in the best interest of the Government when the following conditions exist:

Numerous line items are included in a single purchase action.
Purchase description or Performance Work Statement (PWS) is detailed.
Documentation must be provided to each potential Offeror.

When soliciting quotations, the Contracting Officer shall notify potential quoters or Offerors of the basis on which award will be made:

price alone, or
price and other factors (past performance and/or quality)

Contracting Officers are encouraged to use best value (FAR 2.101) when evaluating quotes for simplified acquisitions. Solicitations issued in accordance with FAR 13.106 are not required to state the relative importance assigned to each evaluation factor and subfactor, nor are they required to include subfactors. If using price and other factors, ensure that quotations can be evaluated in an efficient and minimally burdensome fashion.

Solicitations for service contracts over $2,500 shall be written pursuant to the requirements of the McNamara-O’Hara Service Contract Act (SCA). Wage rates as well as specific clauses are required to be included in Solicitations and orders. These wages are based on the prevailing wages in the area where the contract is being performed, under the Fair Labor Standards Act. For a review of SCA and other labor laws see Explanation and Applicability of Labor Laws.

Provisions are not generally required in Solicitations for micro-purchases; however, this does not prohibit the use of provisions in the Solicitation or clauses in the eventual Purchase Order when determined necessary by the Customer or Contracting Officer.

Adequacy of Solicitations. Whether soliciting quotes orally or in writing, the Contracting Officer must ensure that requirements are described in a clear, concise manner to each prospective Quoter. This description must include, at a minimum: a description of the supplies and services, the quantities required, the delivery date and location, and a deadline for responding to the Solicitation.

2.3.2 Negotiated/Sealed Bidding Acquisitions - Uniform Contract Format

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Solicitations issued in accordance with FAR 15 and FAR 14* will follow the Uniform Contract Format (UCF):

Uniform Contract Format

Section	Title
Part I—The Schedule
A	Solicitation/contract form
B	Supplies or services and prices/costs
C	Description/Specifications/Statement of Work
D	Packaging and marking
E	Inspection and acceptance
F	Deliveries or performance
G	Contract administration data
H	Special contract requirements
Part II—Contract Clauses
I	Contract clauses
Part III—List of Documents, Exhibits, and Other Attachments
J	List of attachments
Part IV—Representations and Instructions
K	Representations, certifications, and other statements of Offerors or Respondents
L	Instructions, conditions, and notices to Offerors or Respondents
M	Evaluation factors for award

* FAR 14.201-9 permits, for firm fixed price or fixed price with economic price
adjustment, use of a simplified contract format.

A detailed discussion of each section of the Solicitation follows:

2.3.2.1 Section A – Solicitation/Contract Form Top of Page

The Solicitation Form is created using C.Request and the C.Buy. Solicitation/Contract Form (Standard Form (SF) 33),

2.3.2.2 Section B – Supplies and Services and Prices/Costs (CLIN)s Top of Page

Section B identifies all the supplies, data, and services to be procured and should reflect the requirements in the Performance Work Statement (PWS) / Statement of Work (SOW) or Specifications identified in Section C. Contracting Officers account for all end items (goods or services) including Options by creating a Contract Line Item Number (CLIN) structure. All CLINs including Options must be priced at the time of contract award. (Note: Prior to incorporating Options into any Solicitation, the Contracting Officer should review FAR 17.202 to determine if using Options is in the Government’s best interest. See APG 2.3.5.

Subject to the Availability of Funds (SAF):

Note: SAF authority may be used only for continuing services necessary for normal operations and for which Congress previously and consistently appropriated funds. The Government shall not accept supplies or services under an Award/Purchase Order/Modification conditioned upon the availability of funds until the Contracting Officer has given the Contractor notice by issuance of a modification that funds are available.

The CLIN structure, laid out in table format, varies by contract and procurement type.

Four columns for Cost Reimbursement contracts:

CLIN

DESCRIPTION

QTY/UNIT

ESTIMATED COST AND FEE

And five columns for Fixed-Price contracts:

CLIN

DESCRIPTION

QTY/UNIT

UNIT PRICE

AMOUNT

There are four characteristics to establishing a CLIN:

· Single unit price or single total price.

· Separately identifiable. A CLIN must be identified separately from any other item or service on the contract (e.g., NSN for part numbered items, scope of work for services).

· Separate delivery schedule, period of performance, or completion date stated for each CLIN.

· Single accounting classification citation (see below for details).

Subline Item Numbers (SLINs) are a means of further categorizing the supplies, data, or services being solicited. If used, SLINs are entered consecutively following the associated end item supply line item. The use of SLINs provides flexibility to further identify elements within a CLIN for tracking performance or simplifying administration. There are two kinds of SLINs:

Informational SLINs

· This type of subline item identifies information that relates directly to the contract line item and is an integral part of it (e.g., parts of an assembly or parts of a kit). These subline items shall not be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes.

· The informational subline item may include quantities, prices, or amounts, if necessary to satisfy management requirements. However, these elements shall be included within the item description in the supplies/services column and enclosed in parentheses to prevent confusing them with quantities, prices, or amounts that have contractual significance. Do not enter these elements in the quantity and price columns.

· Informational subline items shall be used to identify each accounting classification citation assigned to a single contract line item number when use of multiple citations is authorized

Separately identified SLINs

Subline items will be used instead of contract line items to facilitate payment, delivery tracking, contract funds accounting, or other management purposes. Such subline items shall be used when items bought under one CLIN—

· Are to be paid for from more than one accounting classification. A subline item shall be established for the quantity associated with the single accounting classification citation. Establish a line item rather than a subline item if it is likely that a subline item may be assigned additional accounting classification citations at a later date. Identify the funding.

· Are to be packaged in different sizes, each represented by its own National Stock Number (NSN);

· Have collateral costs, such as packaging costs, but those costs are not a part of the unit price of the contract line item;

· Have different delivery dates or destinations or requisitions, or a combination of the three; or

· Identify parts of an assembly or kit which—

o Have to be separately identified at the time of shipment or performance; and

o Are separately priced.

· Each separately identified contract subline item shall have its own—

o Delivery schedule, period of performance, or completion date;

o Unit price or single total price or amount (Not Separately Priced (NSP) is acceptable as an entry for price or amount if the price is included in another subline item or a different contract line item). This requirement does not apply—

§ If the subline item was created to refer to an exhibit or an attachment. If management needs dictate that a unit price be entered, the price shall be set forth in the item description block of the schedule and enclosed in parentheses; or

§ In the case of indefinite delivery contracts.

o Identification (e.g., NSN, item description, manufacturer's part number, scope of work, description of services).

· Unit prices and extended amounts.

o The unit price and total amount for all subline items may be entered at the contract line item number level if the unit price for the subline items is identical. If there is any variation, the subline item unit prices shall be entered at the subline item level only.

o The unit price and extended amounts may be entered at the subline items level.

o The two methods in paragraphs (b)(3)(i) and (ii) of this subsection shall not be combined in a contract line item.

o When the price for items not separately priced is included in the price of another subline item or contract line item, it may be necessary to withhold payment on the priced subline item until all the related subline items that are not separately priced have been delivered. In those cases, develop a local clause for Payment for Subline Items Not Separately Priced.

CLIN STRUCTURE

The following is general information to consider when constructing the CLIN structure:

· CLINs are numbered consecutively beginning with “0001”

· Option items may be numbered in a manner to facilitate identification of the option year of that CLIN: for example, the first option year item could start with “0101” and would be consecutively numbered thereafter, 0102, 0103, etc. Second year option items would then begin “0201” and so on.

· If used, SLINs are entered consecutively following the associated CLIN and denoted by double alphabetical assignment: 0001AA, 0001AB, etc.

· Always verify a valid Line of Accounting.

When creating Section B of the Solicitation, the Contracting Officer should also consider the following:

Enter a brief description of the supplies or services being procured.
For a supply line item, the description shall include only one item description and, if applicable, no more than one NSN, or the entry “(NSN to be assigned)” or one Manufacturer's Part Number. For a services line item, the description shall include no more than one description of services or one scope of work.
The description of each item being procured to support other contract line item(s) (e.g., data, tests or other services, provisioned items, etc.) shall cite the CLIN(s) that the item supports.
The quantity and applicable unit (e.g., months, devices) required.
The Offeror will provide an estimated unit price for each line item unless the CLIN is marked NSP. NSP is used to indicate that the price of a line item is included in the price of another line item.
When data requirements are included as line items (such as a CDRL, DD Form 1423), enter “See Exhibit X,” where X represents the exhibit number being referenced. Reference the applicable Exhibit identifier, “(See Exhibit),” when data requirements are included as line items, or when other requirements are listed in an Exhibit (e.g., list of parts). The total price of exhibit line items, when established, will be entered in the Supplies or Services column.

2.3.2.3 Section C – Description/Specifications/Work Statement Top of Page

Section C describes each CLIN listed in Section B in detail so that Offerors understand the scope of work to be accomplished. The Contracting Officer will ensure CLINs are in accordance with a Specification, PWS/SOW/SOO, or Contract Data Requirements List (CDRL) as applicable. The Contracting Officer should avoid unnecessary use of design requirements. Overly prescriptive work statements severely limit Offerors’ flexibility to propose the best solutions and may be unduly restrictive of competition. Use functional or performance-based work statements and Specifications. For assistance in developing a PWS, see the following:

Guidebook for Performance-Based Services Acquisition in the Department of Defense
Seven Steps to Performance Based Acquisition (PBSA)

When using a PWS, include the Performance Requirements Summary (PRS) from the Quality Assurance Surveillance Plan (QASP).

The work statement is the foundation of the relationship between buyers and sellers. It should specify in clear, understandable terms the work to be done or objectives to be met in developing /producing goods or performing services. Preparation of an effective work statement requires both a) an understanding of the goods / services that are needed to satisfy a particular requirement and b) an ability to define what is required in specific, performance-based, quantitative terms. A work statement prepared in explicit terms will enable Offerors to clearly understand the Government’s needs. Exceptionally long work statements may lend themselves to be provided as an attachment in Section J and simply referred to in Section C. For more information on writing detailed work statements, see the attachment NOAA Work Statements. For templates see Generic SOW Template, SOO Template, and PWS Template.

2.3.2.4 Section D – Packaging and Marking Top of Page

Section D describes the packaging (preservation and packing) requirements for only those line items listed in Section B that require shipment from the Contractor’s plant. Packaging requirements ensure the required degree of packaging necessary to prevent deterioration and damage due to the hazards of shipment, handling, and storage.

Provide a brief description of the packaging (preservation and packing) requirements for line items in Section B that require shipment from the Contractor’s plant. Also, include a brief description of the required marking for shipment and storage of military packaged items/material. Additional unique marking requirements, materials requiring special packaging, and anticipation of hazardous materials should also be included here.

Markings may be required by the contract to satisfy the Project Officer requirement.

Anticipation of hazardous materials should also be included in Section D, as such materials will require special packaging.

2.3.2.5 Section E – Inspection and Acceptance Top of Page

Section E identifies the Government representative and the location for inspection and acceptance of each line item.

Inspection consists of examining and/or testing of supplies or services to determine whether they conform to contract requirements. Acceptance is the act of an authorized Government representative assuming ownership of supplies tendered or approving specified services rendered as partial or complete performance of the contract by the Contractor. Acceptance is accomplished after the Government has completed all quality assurance functions and has determined that the Contractor has fulfilled its contract obligations concerning quality and quantity.

If any level of Inspection and/or Acceptance is to occur at a Contractor’s plant, the Contracting Officer should consider involving the Defense Contract Management Agency (DCMA).

The Solicitation identifies the place of inspection and acceptance as destination or origin, or a combination of both.

2.3.2.6 Section F – Deliveries or Performance Top of Page

Section F describes the time, place, and method(s) for delivering and/or performing the supplies or services specified by the contract line items. Each CLIN shall have a separate delivery schedule, period of performance, completion date, and specification of destination or origin delivery terms.

The Contracting Officer will list the destination and quantities for each CLIN/ SLIN. If either is unknown, “to be determined” or “to be negotiated” will suffice.

Delivery dates/schedules should be stated as specified periods of time from the date of contract award. For supplies, include the required delivery dates. For services, specify the anticipated period of performance (i.e., beginning and end dates).

Selection of Delivery Method. Delivery terms for supplies shall be Free-On-Board (FOB) origin or destination, whichever is the most advantageous to the Government:

FOB Origin: Shipments(s) will be made to destination on a Government Bill of Lading (GBL). (Not included in contract price.) If final destination(s) of supplies are tentative or unknown at the time a contract is executed, the supplies shall be delivered FOB origin.

· FOB Destination: The Contractor will pay transportation charges from origin to the destination. (Included in contract price.)

For a more detailed discussion on delivery methods and transportation procedures, see

APG 2.6.12.

2.3.2.7 Section G – Contract Administration Data Top of Page

Section G describes the following:

Contract administration information and instructions, including designation of any Administrative Contracting Officers (ACOs) if not identified on the cover page (Section A) of the Solicitation.
The Contracting Officer’s Representative (COR), Alternate Contracting Officer’s Representative (ACOR) or Point of Contact (POC) if assigned.
Specify invoicing instructions. Note: The COR (typically the Project Officer) will be responsible for certification of invoices during invoice processing.

2.3.2.8 Section H – Special Contract Requirements Top of Page

Unique circumstances within individual procurements may require the use of one or more “special provisions.” The Contracting Officer will use information provided by the Project Officer to support any special requirements for the procurement. The following are examples of special circumstances that support the use of either a standard clause or the development of a tailored clause:

Organizational Conflicts of Interest (OCI)
Security Considerations

o Information Technology Security in accordance with DOC OCIO Policy

o Contractor Employee Security Clearance Requirements

o Access to Classified Information (DD 254)

o Access to Sensitive Automated Information Systems

Installation Security Access
Inclusion of Government Property in the contract (see APG 2.6.7)
Use of a warranty (acquisition of warranties exceeding the standard manufacturer’s warranty require approval)
Inclusion of incentives or award fee provisions
Key Personnel Requirements
Ombudsman identification for Multiple Award Contracts (MACs) per FAR 16.504 and FAR 16.505.

2.3.2.9 Section I – Contract Clauses Top of Page

The Contracting Officer incorporates requisite regulatory and approved local clauses in Section I based upon specific information provided by the Customer/Project Officer. (Note: The Contracting Officer may also incorporate requisite clauses into other sections of the Solicitation.) Clauses and provisions are set forth in FAR 52.

While C.Buy will generate clauses for the Solicitation based upon the contract type and other selected factors, the Contracting Officer may need to incorporate additional clauses. Likewise, C.Buy may incorporate clauses that are not applicable. The Contracting Officer should review every Solicitation to ensure the appropriate clauses are used and to understand the impact of the clauses chosen as they may affect contract price and performance. Contract clauses detail the terms and conditions within the Solicitation and are ultimately incorporated into the contract. Subject to review thresholds the Contracting Officer must provide a copy of the draft Solicitation to Counsel for review of incorporated clauses.

Options. FAR 17.2 prescribes the procedures for use of Option Solicitation Provisions and Contract Clauses. When Option items are being acquired, appropriate provisions/clauses must be included in the Solicitation. The Solicitation shall specify the period within which the Option may be exercised. See FAR 17.204 and APG 2.3.5 for more information.

Letter Contracts. FAR 16.603 describes the procedures for Undefinitized Contract Actions (UCAs). The Contracting Officer shall ensure the appropriate clauses for definitization and limitation of Government liability are included in Section I as appropriate. UCAs shall include at least a preliminary basic subcontracting plan addressing the requirements of FAR 19.704 and shall require the negotiation of the final plan within 90 days after award or before definitization, whichever occurs first (FAR 19.705-5(b)).

Contract Financing. The Contracting Officer establishes in the Solicitation the permission for obtaining Contract Financing per provisions; however the Contractor must still request Contract Financing. See FAR 32 and APG Planning Section 1.7.9 for financing types, considerations, and clauses. For commercial Contract Financing, the Contracting Officer may either specify the financing terms in the Solicitation or permit each Offeror to propose its own customary financing terms. Only when the Contracting Officer has sufficient information on financing terms that are customary in the commercial marketplace for the item can those terms be specified in the Solicitation. See FAR 32.204 and FAR 32.205 for further information.

Local Clauses. Contracting Officers are encouraged to submit draft clauses to the NOAA AGO POD for approval and inclusion into the Commerce Acquisition Regulation (CAR) and the NOAA Acquisition Handbook.

Contractor compensation structure – Application of Labor Laws to Government Acquisitions (FAR 22) is not waived in an emergency or contingency environment except for those emergency acquisitions conducting outside of the United States FAR 42.302(a)(1).

Contractor insurance plans –At a minimum, include provisions to cover damage to Government property and to limit Government liability. FAR clauses FAR 52.228-5 (Insurance – Work on a Government Installation) and FAR 52.228-7 (Insurance – Liability to Third Persons) are good starting points. If Overseas, (FAR 42.302(a)(2)) Consult with Counsel to determine what insurance is required by the Status of Forces Agreement (SOFA) or other international agreement. If none exists, or there is no mention of insurance requirements, be prepared to work with Counsel to draft an insurance clause for the particular locality in which you are contracting.

Prompt Payment Act – The Prompt Payment Act sets forth the time frame within which the Government must pay Contractors for delivered supplies and services (see FAR 32.9 and SAP Section 9.10.1). Many Contractors offer a discount to Customers who pay sooner than the Prompt Payment Act allows. The EA KO should make every effort to obtain the prompt payment discounts offered within each Contractor’s quote. The clause at FAR 52.232-8, Discounts for Prompt Payment, should be included in written solicitations and resulting awards that also include FAR 52.232-25, Prompt Payment. Since there is no guarantee that payment will be made within the quoted discount period, prompt payment discounts may not be considered when evaluating quotations for award.

Fast Payment Procedures – Per FAR 13.401, the fast payment procedure allows payment under limited conditions to a contractor prior to the Government’s verification that supplies have been received and accepted. The procedure provides for payment for supplies based on the contractor’s submission of an invoice that constitutes a certification that the contractor a) has delivered the supplies to a post office, common carrier, or point of first receipt by the Government; and b) shall replace, repair, or correct supplies not received at destination, damaged in transit, or not conforming to purchase agreements. Note that the EA KO shall be primarily responsible for collecting debts resulting from failure of contractors to properly replace, repair, or correct supplies lost, damaged, or not conforming to purchase requirements (see FAR 32.605(b) and FAR 32.606). When it is intended that fast payment procedures be used in a contract, the clause at FAR 52.213-1, Fast Payment Procedure, should be included in the Solicitation. In order to use fast payment procedures, the conditions of FAR 13.402 must apply.

Economic Quantity Discounts – Each solicitation for supplies is required, if practicable, to include the provision at FAR 52.207-4, Economic Purchase Quantity-Supplies. This provision invites each Quoter to: (1) state an opinion on whether the quantity of the supplies requested is economically advantageous to the Government, and (2) if applicable, recommend quantities that would be more economically advantageous. If quantity discounts are quoted and a significant price variation is evident between the requested quantity and the quoted discounted quantities (which identify significant savings for the Government) the buyer must consult with the Client/requesting activity prior to award to identify the potential savings. When consultations with the Client result in a change in the requested quantity, the EA KO must request revised quotes from the participating Offerors per the revised quantity.

Robert T. Stafford Disaster Relief and Emergency Assistance Act –Per FAR 26.2, contracts awarded under the authority of this Act shall give preference, to the extent feasible, to local firms. Preference may be given through a local area set-aside or through an evaluation preference when authorized by agency regulations or procedures. The Contracting Officer shall insert the provision FAR 52.226-3 in solicitations involving local area set-asides (but see FAR 12.301(e)(4) for commercial items). The Contracting Officer shall insert the clauses at FAR 52.226-4 and FAR 52.226-5 in solicitations and contracts involving local area set-asides.

EMERGENCY ACQUISITION: Provisions and Clauses

The majority of orders and contracts in the emergency acquisition environment are awarded under FAR 12 Acquisition of Commercial Items and FAR 13 Simplified Acquisition Procedures. Become very familiar with the Solicitation Provisions and Contract Clauses identified in

FAR 12.3 as well as those in FAR 13.3.

These provisions and clauses are needed to manage your orders and contracts from solicitation through award, administration, and final payment.

C.Buy and its clause logic should be used to the maximum extent possible. In its absence, see the Clause Matrix — Commercial Items, Clause Matrix — Construction Contracts, and Clause Matrix — Non-Commercial Services.

2.3.2.10 Section J – List of Attachments Top of Page

Section J lists the title, date, and number of pages for each attached document. Section J material may include:

Specification
Statement of Work / Statement of Objectives / Performance Work Statement
DD Form 1423, CDRL (see CDRL and Acquisition of Data Rights Discussion)
DD Form 254, Contract Security Classification Specification
Wage Determinations

2.3.2.11 Section K – Representations, Certifications and Other Statements of Offeror Top of Page

Offerors should be instructed to complete Section K representations, certifications, or the submission of other information via the Online Representations and Certifications Application (ORCA). The Contracting Officer must include FAR 52.204-8 Annual Representations and Certifications in all Solicitations.

For Solicitations expected to exceed $500,000, the Contracting Officer should include Cost Accounting Standards (CAS) Notices and Certification (see FAR 52.230-1). This certification must be completed and signed by the Offeror prior to the award of a contract. If an exemption to CAS is claimed by the Contractor, CAS does not apply, and there is no need to include CAS Clauses in Section I of the contract. (See Federal Acquisition Institute (FAI) Lesson on Cost Accounting Standards.)

2.3.2.12 Section L – Instructions, Conditions, and Notice to OfferorsTop of Page

Section L provides instructions regarding format and organization to guide Offerors in preparing their responses. See Sample RFP Sections L&M. The Contracting Officer prepares this section using the data provided in the approved Source Selection Plan. The Contracting Officer should be careful to avoid inconsistencies between the Solicitation and related documents – Sections L and M should be consistent with the approved Source Selection Plan (SSP); Section L should map directly to the work statement and/or specification in Section C; and Sections C, L, and M should be consistent with one another.

The Contracting Officer should not request extraneous information irrelevant to the source selection.

Offerors may be requested to address the following or other areas appropriate to the procurement:

Administration, e.g., OCI Mitigation Plan, if applicable
Management
Technical
Logistics
Past performance (see Sample PPI Provision)
Cost or Pricing Data or Information Other Than Cost or Pricing Data

o Cost or Pricing Data are data requiring certification in accordance with FAR 15.406-2; factual, not judgmental, and verifiable; more than historical. (For details and/or sample templates, see FAR 15.408 Table 15-2 )

o Information Other Than Cost or Pricing Data are not certified.

The following data are typically requested to determine price reasonableness and/or realism. For all cost or price elements proposed, Offerors should be requested to provide their Basis of Estimate (BOE).

· Labor Dollars by Labor Category

· Labor Hours by Labor Category

· Material Dollars

· ODC Dollars

· Subcontractor Dollars

· Total Price

A pricing proposal coversheet for prime contracts and/or major subcontracts is also required per FAR 15.408 Table 15-2.

Commercial procurements and simplified acquisition procurements may be able to rely on competition to establish that the price is fair and reasonable. In such cases, per FAR 15.403-1, cost and pricing data are not required; however, Vendors may be required to submit information other than cost or pricing data (see FAR 15.403-3) for commercial items. The Contracting Officer may request sales data for the same or similar items during a relevant time period. Contracting Officers should ask for whatever information is necessary to make and support their price reasonableness determination. If there isn’t enough pricing information available to make the determination, the Contracting Officer may ask for cost related data. The Contracting Officer must ensure to the extent possible, however, that the scope of the request includes only information that is in the form regularly maintained by the Offeror as part of its commercial operations.

Section L also contains conditions and notices to Offerors, such as the following:

Proposal Delivery Methods. Methods will vary based upon the individual Solicitation and the specific installation operating procedures. Contracting Officers shall establish clear instructions for preparation and delivery of offers in the Solicitation. Electronic submission of offers (e.g., via CD) is encouraged.

Use of Contractor Support. Potential Offerors must be notified in Section L of the Solicitation if the Government will utilize Contractor support personnel to assist in the evaluation of offers. Potential Offerors must also be notified that, with the submission of their offers, they must provide written concurrence with the participation of the specified Contractor support personnel.

Subcontracting Plan Requirement. In full and open competitive Solicitations for efforts anticipated to exceed $650,000, Offerors must be notified of the requirement to submit Subcontracting Plans pursuant to FAR Clause FAR 52.219-9. The Clause specifies that any large business has to submit with its offer a Small Business Subcontracting Plan that specifies how the large business intends to subcontract out a portion of its work to small businesses.
UCAs shall include at least a preliminary basic subcontracting plan addressing the requirements of FAR 19.704 and shall require the negotiation of the final plan within 90 days after award or before definitization, whichever occurs first (FAR 19.705-5(b)).

2.3.2.13 Section M – Evaluation Factors for Award Top of Page

The evaluation factors in Section M should map directly to the work statement in Section C. Section M should correspond to and reflect the requirements outlined in Section L. (See Sample RFP Sections L&M.) The Contracting Officer prepares this section using the data provided in the approved Source Selection Plan when a plan is required.

Under FAR 13 Simplified Acquisition Procedures, the Contracting Officer has broad discretion in fashioning suitable evaluation procedures (FAR 13.106). If using price and other factors as evaluation criteria, ensure that quotations can be evaluated in an efficient and minimally burdensome fashion. Formal evaluation plans and establishing a competitive range, conducting discussions, and scoring quotations or offers are not required. Solicitations are not required to state the relative importance assigned to each evaluation factor and subfactor, nor are they required to include subfactors unlike FAR 15 procurements.

Section M identifies, and ranks by importance, all factors and subfactors that will be considered by evaluators (see FAR 15.304(d)). Per FAR 15.304(e), Section M shall also state, at a minimum, whether all evaluation factors other than cost or price, when combined, are:

· significantly more important than cost or price; or

· approximately equal to cost or price; or

· significantly less important than cost or price.

Past Performance Evaluation Factors. The Government must evaluate past performance in all competitively negotiated acquisitions expected to exceed the thresholds identified in FAR 15.304, unless the Contracting Officer documents why evaluation of past performance is not appropriate. For acquisitions less than the Simplified Acquisition Threshold (SAT), past performance should be used as an evaluation factor when it makes good business sense and is anticipated to be a meaningful discriminator among potential Offerors.

When past performance is an evaluation factor, the Solicitation shall describe the approach for evaluating past performance, including evaluating Offerors with no relevant performance history, and shall provide Offerors an opportunity to identify past or current contracts for efforts similar to the Government requirement. The Solicitation shall also authorize Offerors to provide information on problems encountered on the identified contracts and the Offeror’s corrective actions.

For unrestricted procurements that require a past performance evaluation and the Solicitation includes FAR 52.219-8,Utilization of Small Business Concerns, the evaluation factors shall include the past performance of Offerors in complying with requirements of that clause. Additionally, when the Solicitation includes FAR 52.219-9, Small Business Subcontracting Plan, the evaluation factors shall include the past performance of Offerors in complying with requirements of that clause.

In addition to the approach for evaluating past performance as noted above, the Solicitation should clearly state the following:

· The Government will conduct a performance risk evaluation based upon the past performance of the Offerors and their proposed major subcontractors as it relates to the probability of successfully performing the Solicitation requirements.

· Past Performance evaluation factor weight or relative importance to the other evaluation factors and subfactors.

· In conducting the performance risk evaluation, the Government reserves the right to use recent, relevant data obtained from other sources in addition to the Past Performance Information Retrieval System (PPIRS) database . When evaluating past performance, the automated PPIRS shall be used as a source of past performance information.

· Offerors to submit recent and relevant information concerning contracts and subcontracts (including Federal, State, and local government; and private) that demonstrate their ability to perform the proposed effort. Solicitation should define recent (e.g., within the last 3 years) and relevant (e.g., similar or same type of technical support services).

· Offerors without a record of relevant past performance or for whom information on past performance is not available may not be evaluated favorably or unfavorably on past performance.

Best Practices. The Contracting Officer may want to limit the information requested to a summary of the Offeror’s performance for each contract or subcontract. The summary could include contract numbers, contract type, description and relevancy of the work, dollar value, and contract award and completion dates; and names, phone numbers, and e-mail addresses for references in contracting and technical areas (see Past Performance Questionnaire Template). In addition, Offerors should be given the opportunity to explain why they consider the contracts they have referenced to be relevant to the proposed acquisition. The instructions should also permit Offerors to provide information on problems encountered on such contracts and the actions taken to correct the problems. Also, it is important that the Offerors specifically describe the work that major subcontractors will perform so that the Contracting Officer can conduct a meaningful performance risk evaluation on each major subcontractor.

Solicitations should also communicate what the Government’s actions will be relative to the various sources of past performance information. For example, if a Solicitation requires submission of references as an evaluation criterion, it should also clearly set forth what the Government will do to contact those references, including addressing situations where a reference cannot be reached. The Solicitation should also encourage Offerors to be proactive in ensuring that the contact information on references is correct and that the individuals are available for the Government to contact. Also see CAM 1342.15 for additional specifics of DOC’s Contractor Performance Information program.

Emergency Acquisition. For planned acquisitions above the Simplified Acquisition Threshold (SAT), the Contracting Officer is required by the FAR to consider both price and non-price factors (past performance in particular) when evaluating proposals. The relative importance of those factors is up to the Contracting Officer or other source selection authority. It may be challenging at a deployed location to ascertain the past performance histories of potential suppliers. Be prepared to document your contract file with the efforts you take to do so, even if past performance information cannot reasonably be found.

It is important that the Government describes its needs by communicating in a way by which the requirement can be effectively obtained. Federal statutes and the FAR establish the policy for describing agency needs, and stipulate that requirements be written in a way that promotes full and open competition as required by the Competition in Contracting Act (CICA). It is particularly important to maximize competition in the emergency acquisition environment to the maximum extent possible, as you may find that many offerors do not have the capability to supply the supplies or services that they claim they can.

2.3.3 Solicitations for Performance Based Acquisitions Top of Page

Solicitation procedures for PBA contracts are the same as for any procurements. As in all Solicitations, a clear relationship must be established between the SOO/PWS (Section C), the Instructions, Conditions, and Notices to Offerors (Section L), and the Evaluation Criteria (Section M).

Section C – describes the requirement. Include the PWS or SOO, and QASP here. May also include the PRS. (QASP may instead be included as an attachment in Section J.)
Section L – requests information relating to how the Offeror will execute the requirement.
Section M – describes how the proposal will be evaluated for source selection purposes. Consider the following evaluation factors:

o Quality and benefits of the solution.

o Quality of the performance metrics and measurement approach.

o Risks associated with the solution.

o Management approach and controls.

o Management team (limited number of key personnel).

o Past performance (how well the Contractor has performed).

o Past experience (what the Contractor has done).

If the Government is issuing a SOO, the Offerors will draft the PWS (and QASP if requested), to be included with their offers.

2.3.4 Service Contracting Top of Page

When buying services, the Contracting Officer must comply not only with simplified acquisition policies and procedures, but also with statutes and laws aimed at protecting service employees.

The McNamara-O'Hara Service Contract Act (SCA) of 1965 provides that the Secretary of Labor shall determine the minimum wages and fringe benefits to be paid to "service employees," those working under Federal contracts in excess of $2,500. The SCA is applicable to contract services provided in the United States, which includes any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, the Outer Continental Shelf Lands as defined in the Outer Continental Shelf Lands Act, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Wake Island, and Johnston Island. Service employees may include both blue-collar and white-collar type employees (e.g., mechanics, helpers, draftsmen, clerks, etc.). See FAR 22.1003-3 and FAR 22.1003-4 for services that are exempt from the SCA.

Wage levels vary by type of service and by locality. The Wage Determination (WD) is made part of the order, and the Contractor and any Subcontractor are obliged to comply with it. Wage Determinations OnLine (WDOL.gov) provides Contracting Officers a one-stop shop for obtaining appropriate SCA WDs for official contract actions. Guidance in selecting WDs is provided in the WDOL.gov User’s Guide available on the website. In some instances, the website will not contain the appropriate SCA WD, and alternatively the Contracting Officer must obtain direct access to the Department of Labor’s (DOL’s) electronic “e98” website to submit a request for SCA WDs. DOL will provide the Contracting Officer with an SCA WD through the e98 system.

At the time of award, DOL Publication WH-1313 entitled " Employee Rights on Government Contracts" must be furnished to the Vendor (see FAR 22.1018). The publication explains to the Vendor that the poster be displayed at the worksite for employees to know what types of wages and compensation they are entitled to by Federal law. The publication should be furnished to the Vendor under the following criteria:

· Possible services that fall under the SCA (when exceeding $2,500): custodial, janitorial, food services, laundry, trash removal, grounds maintenance, engineering or logistic support services.

· Repairs that fall under Walsh Healey Public Contract Act (when exceeding $10,000): work related by manufacturer of materials, supplies, articles, or equipment.

For all of the regulatory details of the SCA, see FAR 22.10.

For a review of SCA and other labor laws see this SCA Training PowerPoint presentation and the Explanation and Applicability of Labor Laws.

In an emergency procurement, such as an environmental cleanup, it may be impossible to obtain the WD and provide it to the Vendor prior to award. Therefore, the Contracting Officer must make sure the Vendor knows the SCA applies and that the Vendor is paying prevailing labor rates for the area (see also FAR 22.10 SCA of 1965, as Amended). When the Contracting Officer retrieves the WD, he/she must modify the purchase to incorporate the wage rates with a bilateral agreement. In some cases, he/she may have to increase the amount of the purchase order to accommodate the payment of those rates.

For Service Contracts over $2,500, the Contracting Officer must include the following, which are included in FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items for use with commercial item solicitations. For non-commercial requirements, the clauses must be added individually.

FAR 52.222-41, Service Contract Act of 1965, as amended
FAR 52.222-42, Statement of Equivalent Rates for Federal Hires
FAR 52.222-43, Fair Labor Standards Act and Service Contract Act – Price Adjustment (multiple year and Option contracts)
FAR 52.222-44, Fair Labor Standards Act and Service Contract Act – Price Adjustment

Additional information on the SCA can be found at FAR 22.

2.3.5 Options Top of Page

Pursuant to FAR 17.2, prior to including Option provisions in Solicitations and contracts, Contracting Officers must justify in writing the quantities or the term under Option, the notification period for exercising the Option, and any limitation on Option price. (See Template Memos for the Inclusion and Evaluation of Options.)

An Option is a unilateral right by which the Government may elect to purchase additional supplies or services called for by the contract, or may elect to extend the term of the contract. An Option requires the Contractor to guarantee prices for a definite period of time with no assurance that the Option will be exercised. The use of Options allows the Government to satisfy requirements that were unknown or unfunded at the time of contract award without having to expend further time or funds competing the work. Options should only be used when doing so is in the Government’s best interest. Options may not be in the Government’s best interest when the foreseeable requirement involves minimum quantities and delivery requirements far enough into the future to permit competition, production, and delivery. Additionally, Options may not be advisable when an Indefinite Delivery PO (IDPO) would be more appropriate (in this instance, Options may still be used in the IDPO).

The Contracting Officer shall not employ Options if:

The Contractor will incur risks (e.g., price and/or availability of materials or labor are not foreseeable);
Market prices are likely to change substantially;
The Option represents known firm requirements and funds are available (exceptions exist).

The use of Options provides no guarantee to the Contractor and the Government may choose not to exercise the Option for the following reasons:

The requirement no longer exists.
Congress fails to appropriate the funds.
The Contracting Officer determines that exercising the Option is not in the best interest of the Government.

All Options should typically be synopsized and priced at the time of contract award. Any decision to not evaluate options at time of award must be justified in writing and approved at a level above the Contracting Officer. Evaluation criteria for Options must be included in all Solicitations with Options. Option pricing should be evaluated along with the required base quantity pricing prior to contract award. The objective of this evaluation is to determine Option prices to be fair and reasonable at the time of the basic award.

Prior to incorporating Option provisions into any Solicitation, the Contracting Officer should determine if using Options is in the Government’s best interest. FAR 17.2 explains the policies and procedures for the use of Option Solicitation provisions and contract clauses. The Contracting Officer must justify, in the file, the quantities or the term under the Option, the notification period for exercising the Option and any limitation on Option price. In determining the Option exercise date and quantities, the Contracting Officer must abide by the limitations set forth in FAR 17.204(c).

The total of the basic and Option periods shall not exceed five years in the case of services, and the total of the basic and Option quantities shall not exceed the requirement for five years in the case of supplies. The Contracting Officer must obtain approval prior to issuing the Solicitation for the use of contract terms in excess of five years. This approval must be submitted to the Head of the Contracting Office in the form of a Determination and Findings (D&F). The D&F shall discuss the positive and negative aspects of negotiating a contract for more than five years; the restrictions on competition; the risk of nonperformance; any cost or price risk; and the continuity of operations. Actions typically should exceed five years only if there are significant start-up costs and investment requirements on the part of vendors. See independent analysis of period of performance limitations at: http://www.wifcon.com/anal/analfiveyear.htm

Provisions and Clauses: Several provisions and clauses are required when incorporating Options in purchases. They are discussed fully in FAR 17.208. Note that the clauses for Options for supplies differ from the clauses for Options for services. The Contracting Officer should insert the applicable provisions and clauses:

· FAR 52.217-3, EVALUATION EXCLUSIVE OF OPTIONS is required when the Solicitation includes an Option clause and does not include one of the following:

o An informal analysis of prices or the market indicates that the Option price is better than the market or the Option is the more advantageous offer, or

o The time between the award of the contract containing the Option and the exercise of the Option is so short that it indicates the Option price is the lowest price obtainable.

· FAR 52.217-4, EVALUATION OF OPTIONS EXERCISE AT TIME OF CONTRACT AWARD is required when the Solicitation includes an Option clause, a determination has been that there is a reasonable likelihood that the Option will be exercised and the Option may be exercised at the time of the contract.

· FAR 52.217-5, EVALUATION OF OPTIONS is required in Solicitations when the Solicitation contains an Option clause; an Option is not to be exercised at the time of contract award; and a determination has been made that there is a reasonable likelihood that the Option will be exercised.

· FAR 52.217-6, OPTION FOR INCREASED QUANTITY is required in Solicitations and orders, other than those for services, when the inclusion of an Option is appropriate and the Option quantity is expressed as a percentage of the basic order quantity or as an additional quantity of a specific line item.

· FAR 52.217-7, OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM is required in Solicitations and orders, other than those for services, when the inclusion of an Option is appropriate and the Option quantity is identified as a separately priced line item having the same nomenclature as a corresponding basic order line item. This clause contains a fill-in for the Contracting Officer to indicate the time the Government will exercise the Option for additional quantities. When using this clause, keep in mind the delivery requirements of the order. For example, the order may state that Option quantities are required to be delivered within 30 days of Option exercise.

· FAR 52-217-8, OPTION TO EXTEND SERVICES is required in Solicitation and orders for services when the inclusion of an Option is appropriate.

· FAR 52.217-9, OPTION TO EXTEND THE TERM OF THE CONTRACT is required in Solicitations and orders when the inclusion of an Option is appropriate and it is necessary to include in the order a requirement that the Government shall give the Contractor a preliminary written notice of its intent to extend the contract, a stipulation that an extension of the Option, and/or a specified limitation on the total duration of the contract. The clause also requires a fill-in for the time period in which the Contracting Officer has to exercise the Option.

2.4 Issuing the Solicitation

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The Contracting Officer will post the Solicitation on FedBizOpps www.fedbizopps.gov.

FAR 5 has specific requirements about the number of days that a requirement must be synopsized before a final Solicitation may be issued (at least 15 days) and the minimum number of days that a Solicitation must remain open after it is issued (at least 30 days, unless the action is R&D, in which case it is 45 days). These limits do not apply to the acquisition of commercial items or the use of a Combined Synopsis/Solicitation (see FAR 12.603). The Contracting Officer may establish shorter periods for these circumstances.

Justification and Approvals (J&As) must be approved prior to issuance of the Solicitation unless the exception at FAR 6.302-2 applies. Milestone Plans and Acquisition Plans (APs) must be approved prior to issuance of the Solicitation per FAR 7.105(b)(20) and NOAA Acquisition Handbook Chapter 7.

2.5 Amending the Solicitation

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The Contracting Officer has the ability to formally amend the Solicitation when the requirements, terms, or conditions change after issuance of the Solicitation. Amendments may be issued either before or after receipt of proposals. If issued after the established proposal submission date and time, Amendments need only be given to those Offerors in the competitive range, if one has been established.

The Contracting Officer will create Solicitation Amendments in C.Buy using Standard Form Standard Form (SF) 30 “Amendment of Solicitation/Modification of Contract.” The SF 30 provides a general description of the Solicitation revisions and, if necessary, allows the Contracting Officer to extend the due date for receipt of offers (required when making major changes to allow ample time for the Offerors to amend their proposals). At a minimum, each amendment should include the following information:

Name and address of issuing activity
Solicitation number and date
Amendment number and date
Number of pages
Description of change(s) being made
Government point of contact information
Revision to Solicitation closing date, if applicable

Additionally, potential Offerors must acknowledge receipt of the Amendment. Any of the following three methods of acknowledgement may be used:

Offerors complete blocks 8 and 15 of the SF 30 (address and authorized signature) and return one copy of the Amendment to the issuing office
Offeror acknowledges receipt of the Amendment on each copy of its submitted proposal
Offeror sends a separate written notice referencing the Solicitation and Amendments received

Contracting Officers may notify potential Offerors of an Amendment verbally when time is of the essence. The Contracting Officer must document the contract file and then formalize the notice through electronic submission of the Amendment.

Emergency Acquisition: In an emergency acquisition environment, requirements from the Client will continuously change. Therefore, it is necessary to know what conditions are required to make an amendment to the solicitation. Amendments are filled out and distributed on the Standard Form (SF) 30.

There are several conditions when amendments to a solicitation (SF 30) may be necessary or in the best interest of the Government. They are changes to the following:

Quantity.
Specifications.
Delivery schedules.
Date for receipt of quotes or offers.
Any other change that can directly affect the performance of the contractor.

2.6 Special Considerations

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During the Solicitation phase, the Contracting Officer must consider certain provisions and statutes for applicability to individual procurements.

2.6.1 Small Business Program Top of Page

The Contracting Officer must ensure special considerations are taken for, and encourage maximum participation by, Small Businesses, Veteran-Owned Small Businesses, Service-Disabled Veteran-Owned Small Businesses (SDVOSB), HUBZone Small Businesses, Small Disadvantaged Businesses, and Women-Owned Small Businesses in acquisitions. The Contracting Officer must determine, during the market research process, whether there are an adequate number of small businesses in the supply commodity or service industry applicable to the requirements. If so, the Contracting Officer must set-aside the requirement for small business participation and solicit the requirement, inserting the applicable clauses, as required.

FAR 19 Small Business Program Solicitation provisions and contract clauses:

FAR 52.219-1, Small Business Program Representations, in Solicitations exceeding the micro-purchase threshold when the contract will be performed in the United States or its outlying areas.
FAR 52.219-3, Notice of Total HUBZone Set-Aside, in Solicitations and contracts for acquisitions that are set aside for HUBZone Small Business Concerns under FAR 19.1305 or FAR 19.1306.
FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns, in Solicitations and contracts for acquisitions conducted using full-and-open competition. The clause shall not be used in acquisitions that do not exceed the SAT.
FAR 52.219-6, Notice of Total Small Business Set-Aside, in Solicitations and contracts involving Total Small Business set-asides. Alternate I will be used when the acquisition is for a product in a class for which the Small Business Administration (SBA) has waived the Nonmanufacturer Rule. Alternate II should be used when including FPI in the competition in accordance with FAR 19.504.
FAR 52.219-7, Notice of Partial Small Business Set-Aside, in Solicitations and contracts involving partial small business set-asides. Alternate I will be used when the acquisition is for a product in a class for which the SBA has waived the Nonmanufacturer Rule. Alternate II will be used when including FPI in the competition in accordance with FAR 19.504.
FAR 52.219-8, Utilization of Small Business Concerns, in Solicitations and contracts when the contract amount is expected to exceed the SAT.
FAR 52.219-9, Small Business Subcontracting Plan, in Solicitations and contracts that offer subcontracting possibilities, are expected to exceed $650,000 ($1,500,000 for construction of any public facility), and are required to include the clause at FAR 52.219-8, Utilization of Small Business Concerns, unless the acquisition is set aside or is to be accomplished under the 8(a) program. When contracting by sealed bidding rather than by negotiation, the Contracting Officer shall use the clause with its Alternate I. When contracting by negotiation, and subcontracting plans are required with initial proposals as provided for in FAR 19.705-2(d), the Contracting Officer shall use the clause with its Alternate II.
FAR 52.219-11, Special 8(a) Contract Conditions, in contracts between the SBA and the agency when the acquisition is accomplished using the procedures of FAR 19.811-1(a) and (b).
FAR 52.219-12, Special 8(a) Subcontract Conditions, in contracts between the SBA and its 8(a) Contractor when the acquisition is accomplished using the procedures of FAR 19.811-1(a) and (b).
FAR 52.219-14, Limitations on Subcontracting, in Solicitations and contracts for supplies, services, and construction, if any portion of the requirement is to be set aside for small business and the contract amount is expected to exceed the Simplified Acquisition Threshold (SAT).
FAR 52.219-16, Liquidated Damages—Subcontracting Plan, in all Solicitations and contracts containing the clause at FAR 52.219-9, Small Business Subcontracting Plan, or the clause with its Alternate I or II.
FAR 52.219-17, Section 8(a) Award, in competitive Solicitations and contracts when the acquisition is accomplished using the procedures of FAR 19.805 and in sole source awards which utilize the alternative procedure in FAR 19.811-1.
Notification of Competition Limited to Eligible 8(a) Concerns, in competitive solicitations and contracts when the acquisition is accomplished using the procedures of FAR 19.805. The clause at FAR 52.219-18 with its Alternate I will be used when competition is to be limited to 8(a) concerns within one or more specific SBA districts pursuant to FAR 19.804-2. The clause at FAR 52.219-18 with its Alternate II will be used when the acquisition is for a product in a class for which the Small Business Administration has waived the Nonmanufacturer Rule.
FAR 52.219-14, Limitations on Subcontracting, in any Solicitation and contract resulting from FAR 19.8 procedures
FAR 52.219-2, Equal Low Bids, in Solicitations (when using sealed bidding) if the contract will be performed in the United States or its outlying areas.
FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting.
FAR 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside, in Solicitations and contracts for acquisitions under FAR 19.1405 and FAR 19.1406.

The information in the above provisions shall be included in all Solicitations, whether oral, written, or electronic. For oral Solicitations, purchasing files shall contain evidence that this information was provided to all Vendors solicited for quotations.

Generally, small businesses will self-certify their status in the applicable Solicitation provision or orally in response to telephone Solicitations.

Solicitations for 8(a) Concerns. Competition is not required when soliciting quotes from 8(a) concerns; rather, Solicitations may be issued on a sole source basis without a sole source justification using FAR 52.219-18 Notification of Competition Limited to Eligible to 8(a) Concerns.

Total Small Businesses. If the Contracting Officer solicits quotes from small businesses and receives only one quote from a small business, award should be made to that Vendor, after the Contracting Officer has determined that the price is reasonable. If the Contracting Officer issues a Solicitation establishing the Total Small Business Set-Aside but does not receive at least one quote from a responsible small business concern at a fair and reasonable price, the set-aside shall be withdrawn and the requirement re-solicited on an unrestricted basis. If a synopsis has been issued for the original requirement, this should be canceled and a new unrestricted synopsis issued. This requires documenting the contract file with the reason for not awarding the order to a small business and either amending the previous Solicitation or issuing a new Solicitation.

For acquisitions between $2,500 and the Simplified Acquisition Threshold (SAT), whenever the CO is recommending that the acquisition should not be set-aside for small business, the CO shall obtain the Small Business Liaison Officer’s approval/concurrence via the CD-570 and include that approval/clearance in the award file. If the CO determines that there are no small business concerns that are capable of providing the supply or service based on the results of market research, the CO must complete a CD-570, and submit it to the Small Business Liaison Officer for approval, along with a copy of the CD-435 and supporting documentation, i.e., statement of work, source list, etc. The Small Business Liaison Officer will provide a decision on the set-aside based on the information submitted.

The Small Business Liaison Officer will review the requirement in accordance with FAR Part 19 and make recommendations on the CD-570 and return it to the Contracting Officer. The Contracting Officer is ultimately responsible for accepting or rejecting the recommendations on the CD-570. If the recommendations are not accepted, the Contracting Officer should meet with the Small Business Liaison. In the event a resolution cannot be reached, the CD-570 may be forwarded to the Department of Commerce Office of Small Disadvantaged Business Utilization and the Small Business Administration’s (SBA’s) assigned Procurement Center Representative (PCR) for decision. If no PCR is assigned, the Small Business Liaison Office will refer the matter to the SBS Appointing Authority.

HUBZone / Service-Disabled Veteran-Owned Small Businesses. Pursuant to FAR 13.003, the Contracting Officer may set aside for HUBZone Small Business Concerns or SDVOSB Concerns an acquisition of supplies or services that has an anticipated dollar value exceeding the micro-purchase threshold and not exceeding the SAT. The Contracting Officer’s decision not to set aside an acquisition for HUBZone Small Business or SDVOSB Concerns participation below the SAT is not subject to review under FAR 19.4. Note: For acquisitions exceeding the SAT, the requirement to set aside an acquisition for HUBZone Small Business Concerns takes priority over the requirement to set aside the acquisition for Small Business Concerns. Solicitation procedures for HUBZone or SDVOSB set-asides are identical to those for other set-asides under FAR 19.

Unrestricted Solicitations. Prior to soliciting a requirement exceeding the micro-purchase threshold but not exceeding SAT on an unrestricted basis, the Contracting Officer must make a written determination to be included in the contract file. This determination shall state that there is no reasonable expectation of obtaining quotations from two or more responsible small business concerns (including nonmanufacturers who offer the products of different concerns), that will be competitive in terms of price, quality, and delivery.

Size Standard Representations in Solicitations. After reviewing the purchase description or Performance Work Statement (PWS), the Contracting Officer will determine the appropriate NAICS code(s) and the related small business size standard, which should be included in the Solicitation provision, FAR 52.219-1 or its alternate or FAR 52.212-3, as appropriate.

To be eligible for award under a small business set-aside, a Quoter must represent in good faith that the Vendor is a small business as of the date the quotation was submitted. The Contracting Officer will generally accept the representation unless (1) another Quoter or interested party challenges the Vendor’s representation or (2) the Contracting Officer has reason to question the representation. Challenges of and questions concerning representations should be referred to the SBA per FAR 19.302.

2.6.2 Prompt Payment Act Top of Page

The Prompt Payment Act sets forth the time frame within which the Government must pay Contractors for delivered supplies and services (see FAR 32.9). Many Contractors offer a discount to customers who pay sooner than the Prompt Payment Act allows. The buyer should make every effort to obtain the prompt payment discounts offered within each Contractor’s quote. The clause at FAR 52.232-8, Discounts for Prompt Payment, should be included in written solicitations and resulting awards that also include FAR Subpart FAR 52.232-25, Prompt Payment. Since there is no guarantee that payment will be made within the quoted discount period, prompt payment discounts may not be considered when evaluating quotations for award. Solicitations and awards should also reference either FAR 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration or FAR 52.232-34, Payment by Electronic Funds Transfer Payment-Other than Central Contractor Registration, as appropriate.

2.6.3 Fast Payment Procedures Top of Page

When it is intended that fast payment procedures be used in a contract, the clause at FAR 52.213-1, Fast Payment Procedure, should be included in the Solicitation. In order to use fast payment procedures, the conditions of FAR 13.402 must apply.

2.6.4 Economic Quantity Discounts Top of Page

Each Solicitation for supplies is required, if practicable, to include the provision at FAR 52.207-4, Economic Purchase Quantity-Supplies. This provision invites each Quoter to: (1) state an opinion on whether the quantity of the supplies requested is economically advantageous to the Government, and (2) if applicable, recommend quantities that would be more economically advantageous. If quantity discounts are quoted and a significant price variation is evident between the requested quantity and the quoted discounted quantities (which identify significant savings for the Government) the buyer must consult with the Customer/requesting activity prior to award to identify the potential savings. When consultations with the Customer result in a change in the requested quantity, the Contracting Officer/ buyer must request revised quotes from the participating Vendors per the revised quantity.

2.6.5 Evaluating Quotes for Multiple Awards Top of Page

FAR 52.212-1 Instructions to Offerors – Commercial Items states that the Government reserves the right to make multiple awards (e.g., issuing several POs or BPA Calls for a multiple line item purchase request). If doing so is economically advantageous, the Government may indeed elect to make multiple awards under a single Solicitation. In order to do so the appropriate award clause must have been included in the Solicitation: FAR 52.214-22 Evaluation of Bids for Multiple Awards.

The decision to award multiple orders should be based on a realistic cost developed by the Contracting Officer based on the administrative cost of issuing additional awards. Prior to soliciting the requirement, the Contracting Officer may decide to include a restriction in the Solicitation that authorizes subsequent awards only on an all or none basis.

2.6.6 Government-Furnished Property, Material, Equipment or Information

Top of Page

Government-Furnished Property (GFP) is tangible property in the form of Material (GFM) or Equipment (GFE) that is owned or leased by the United States Government and is subsequently made available to a Contractor. There are subtle differences among the different types:

· GFP must be returned to the Government at the conclusion of the contract

· GFM is incorporated into a deliverable end item or consumed in the performance of a contract

· GFE is furnished to Contractors usually for manufacturing, installation, repair, or rework (as identified in the Statement of Work)

All tangible property, whether called GFM, real property, or Special Test Equipment (STE), is considered Government property. Government Furnished Information (GFI) is considered intangible property and is covered under FAR 27.

The Contracting Officer informs potential Offerors via Section H of the Solicitation of any GFP (including cost and quantity) to be provided under a contract and provides instructions on the return or disposition of such property. The Contracting Officer should obtain from the Project Officer an accurate and complete list of Government property with realistic delivery dates for inclusion in the Solicitation.

It is the policy of the U.S. Government that Contractors should ordinarily be required to furnish all property necessary to perform Government contracts. Accordingly, procurements should be carefully planned so as to ensure that items are furnished to Contractors only in circumstances in which doing so is clearly the most cost effective approach.

After receipt of GFP, usually the Contractor must maintain adequate property control records in accordance with the clauses incorporated by reference into its contract and make these records available for Government inspection. Depending on the clauses included in the Solicitation/contract, the Contractor assumes the risk and responsibility for loss or damage of GFP. Under all circumstances, the Government maintains the title (ownership) to GFP. See FAR 45.502 for more information on Contractor responsibilities in possession of Government property.

All information pertaining to GFE assets will be maintained in the NOAA Personal Property Management System, Sunflower (See the NOAA Logistics Division Personal Property website: http://www.pps.noaa.gov/). Inputs into Sunflower may be made by the Contractor, but are ultimately the responsibility of the Government Property Manager. Property Management may be delegated under FAR 42.302.

2.6.7 Buy American Act Top of Page

The Buy American Act restricts the purchase of supplies that are not domestic end products for use within the United States. Generally, simplified acquisitions are reserved for small businesses offering domestic end products, as prescribed in FAR 25. If, however, the small business set-aside is waived and offers are received for both domestic and foreign products, the Contracting Officer must evaluate all offers.

The Buy American Act applies to supply orders and those orders for services that involve furnishing of supplies acquired for use in the U.S. that exceed the micro-purchase threshold ($3,000). A foreign end product may be selected if the Contracting Officer determines that the price of the lowest domestic offer is unreasonable or if another exception applies.

When using written Solicitations, the Contracting Officer must state in the Solicitation that only domestic end products shall be accepted unless the price for an offered domestic end product is unreasonable or another exception under FAR 25.103 exists. When soliciting quotes orally, the Contracting Officer must relay this information to each Vendor verbally. For all Solicitations to which the Buy American Act applies, the following clauses and provisions shall be inserted in the Solicitation:

· The clause at FAR 52.225-1 Buy American Act - Supplies. Note: This clause is included in FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items for use with commercial item solicitations.

· The provision at FAR 52.225-2 Buy American Act Certificate. Note: This provision is included in FAR 52.212-3, Offeror Representations and Certifications – Commercial Items for use with commercial item solicitations.

For Foreign Acquisitions under GSA FSS, when a Schedule lists both foreign and domestic items that will meet the Customer’s needs and is over the micro-purchase threshold, the Contracting Officer must apply the evaluation procedures of the Buy American Act.

2.6.8 Trade Agreements and Other International Agreements and Coordination Top of Page

The Trade Agreements Act provides the authority for the President to waive the Buy American Act and other discriminatory provisions for eligible products from countries that have signed an international trade agreement with the U.S., or that meet certain other criteria, such as being designated as a “least developed country”. The President has delegated this waiver authority to the U.S. Trade Representative (USTR). In acquisitions covered by the World Trade Organization Government Procurement Agreement (WTO GPA), Free Trade Agreements, or the Israeli Trade Act, the USTR has waived the Buy American Act and other discriminatory provisions for eligible products; consequently, offers of eligible products receive equal consideration with domestic offers.

FAR 25.4 provides the policies and procedures applicable to acquisitions covered by Trade Agreements, including applicable dollar thresholds. When a solicitation is set-aside for small businesses, the Trade Agreements do not apply. See FAR 25.401 for additional exceptions. FAR 25.5 provides procedures for evaluation of foreign offers. Also see FAR 25.8, Other International Agreements and Coordination.

2.6.9 Restrictions on Certain Foreign Purchases Top of Page

FAR 25.7 implements restrictions such as economic sanctions administered by the Office of Foreign Assets Control (OFAC) and other restrictions on contracting with certain prohibited sources. It also lists several countries from which most transactions are prohibited unless specifically authorized by OFAC. In addition, lists of entities and individuals subject to economic sanctions are included in OFAC’s List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn. The Contracting Officer must check these lists and may not acquire from such entities and individuals. More information about these restrictions, as well as updates, is available in OFAC’s regulations at 31 CFR Chapter V and/or on OFAC’s website at http://www.treas.gov/offices/enforcement/ofac. The restrictions imposed on some countries may require specific certifications that the offeror does not conduct business in that country. In order to ensure strict compliance with prohibitions against contracting with prohibited sources, Contracting Officers should refer to the most current information in FAR and the aforementioned websites when conducting foreign acquisitions.

2.6.10 Hazardous Materials and Waste Disposal Top of Page

When acquiring hazardous materials, it is the Contracting Officer’s responsibility to include clause FAR 52.223-3 “Hazardous Material Identification and Material Safety Data” in all orders for hazardous materials identified in Federal Standard 313C. This clause requires the Vendor to certify that material is/is not hazardous and to furnish a Material Safety Data Sheet (MSDS) with the shipment of material.

2.6.11 Transportation Provisions Top of Page

When Free on Board (FOB) Destination-only quotations are desired within the Continental United States (CONUS), the Contracting Officer may include a statement in the Solicitation that quotes submitted on a basis other than FOB Destination will be rejected as nonresponsive.

The Contracting Officer may also specify that quotations be FOB Destination, FOB Origin, or both. FAR 52.247-45 FOB Origin and/or FOB Destination shall be incorporated into the Solicitation and resultant contract if terms other than FOB Destination will be considered by the Government.

2.7 Files and Documentation

Top of Page

All information attained during the Solicitation phase must be documented in the contract file. At a minimum, the Contracting Officer should include the following for each quote received within the allotted timeframe for responses:

Identification of Quoter (business name, address, phone number, and POC)
Date/time of quote received
Quoter’s business size representation
Other qualifications
Brand name and model, part or catalog number of each quoted item
Country of origin of quoted item
Unit and extended price for each product or service
Total price of all quoted items
Proposed delivery date
Transportation terms
Quantity or trade discounts offered, if applicable
Minimum order charge, if applicable
Prompt payment discounts, if applicable

2.8 Reference Summary

Section	#	Reference Description	Type	Source
2.1	1	FAR 5	Regulation	FAR
2.1	2	FAR 5.202	Regulation	FAR
2.1	3	FAR 5.207	Regulation	FAR
2.1	4	FAR 12.603	Regulation	FAR
2.1	5	FAR 19	Regulation	FAR
2.1	6	Federal Business Opportunities (FedBizOpps)	Website	FBO
2.1	7	Online Representations and Certifications Application (ORCA)	Website	ORCA
2.1.1	1	FAR 11.105(b) and (c)	Regulation	FAR
2.1.1	2	FAR 6.302-1(c)	Regulation	FAR
2.1.1	3	FAR 5.207	Regulation	FAR
2.1.3	1	FAR 15.201(e)	Regulation	FAR
2.1.3	2	Sample RFI	Sample	APG
2.1.3	3	FAR 7.3	Regulation	FAR
2.1.4	1	FAR 5.207	Regulation	FAR
2.1.4	2	FAR 12.603	Regulation	FAR
2.1.5	1	APG Planning Module APG 1.8.3	Internal	APG
2.1.6	1	NOAA Acquisition Handbook Chapter 5.1e and 4.1f	Policy	NOAA
2.1.7	1	FAR 5.202(a)(2)	Regulation	FAR
2.1.7	2	FAR 6.302-2	Regulation	FAR
2.1.7	3	FAR 5.203	Regulation	FAR
2.1.7	4	www.fedbizopps.gov	Website	FBO
2.1.8	1	NOAA Acquisition Handbook	Policy	NOAA
2.2	1	FAR 13.202	Regulation	FAR
2.2	2	FAR 13.104	Regulation	FAR
2.3	1	FAR 13.5	Regulation	FAR
2.3	2	FAR 14.103-1(a)	Regulation	FAR
2.3	3	FAR 14.5	Regulation	FAR
2.3	4	FAR 13.004	Regulation	FAR
2.3	5	APG Planning Module APG 1.10	Internal	APG
2.3	6	NOAA Acquisition Handbook	Policy	NOAA
2.3	7	DAO 208-05	Policy	DOC
2.3	8	Procurement Memorandum (PM) 2010-04	Policy	DOC
2.3	9	PM 2010-05	Policy	DOC
2.3	10	AA 10-04	Policy	NOAA
2.3	11	AA 10-05	Policy	NOAA
2.3.1	1	FAR 13	Regulation	FAR
2.3.1	2	FAR 13.106	Regulation	FAR
2.3.1	3	FAR 15	Regulation	FAR
2.3.1	4	FAR 12	Regulation	FAR
2.3.1	5	FAR 13.106	Regulation	FAR
2.3.1	6	FAR 13	Regulation	FAR
2.3.1	7	FAR 15	Regulation	FAR
2.3.1	8	APG 2.3.2	Internal	APG
2.3.1	9	NOAA Solicitation Preparation Guide for the Acquisition of Commercial Items	Guidance	NOAA
2.3.1.1	1	FAR 5.202	Regulation	FAR
2.3.1.1	2	Central Contractor Registration (CCR)	Website	CCR
2.3.1.1	3	FedBizOpps	Website	FBO
2.3.1.2	1	SF 18 Request for Quotations	Form	GSA
2.3.1.2	2	SF 1449 Solicitation/Contract/Order for Commercial Items	Form	GSA
2.3.1.2	3	FAR 5.207	Regulation	FAR
2.3.1.2	4	FAR 12.603	Regulation	FAR
2.3.1.2	5	FAR 5.207	Regulation	FAR
2.3.1.2	6	FAR 12.603	Regulation	FAR
2.3.1.2	7	FAR 12.6	Regulation	FAR
2.3.1.2	8	FAR 52.212-1	Regulation	FAR
2.3.1.2	9	FAR 52.212-2	Regulation	FAR
2.3.1.2	10	FAR 52.212-3	Regulation	FAR
2.3.1.2	11	FAR 52.212-4	Regulation	FAR
2.3.1.2	12	FAR 52.212-5	Regulation	FAR
2.3.1.2	13	FAR 6.302-1(c)	Regulation	FAR
2.3.1.2	14	FAR 13.106-1(b)	Regulation	FAR
2.3.1.2	15	FAR 13.501	Regulation	FAR
2.3.1.2	16	FAR 6.305	Regulation	FAR
2.3.1.2	17	FAR 17.2	Regulation	FAR
2.3.1.2	18	APG 2.3.5	Regulation	FAR
2.3.1.2	19	FAR 2.101	Regulation	FAR
2.3.1.2	20	FAR 13.106	Regulation	FAR
2.3.1.2	21	McNamara-O’Hara Service Contract Act (SCA)	Statute	Federal
2.3.1.2	22	Fair Labor Standards Act	Statute	Federal
2.3.1.2	23	Explanation and Applicability of Labor Laws	Statute	Federal
2.3.2	1	FAR 15	Regulation	FAR
2.3.2	2	FAR 14	Regulation	FAR
2.3.2	3	FAR 14.201-9	Regulation	FAR
2.3.2.1	1	Standard Form (SF) 33	Form	GSA
2.3.2.2	1	FAR 17.202	Regulation	FAR
2.3.2.2	2	APG 2.3.5	Internal	APG
2.3.2.2	3	DD Form 1423	Form	DOD
2.3.2.2	4	Guidebook for Performance-Based Services Acquisition	Guidance	DOD
2.3.2.2	5	Seven Steps to Performance Based Acquisition (PBSA)	Guidance	GSA
2.3.2.2	6	NOAA Work Statements	Samples	NOAA
2.3.2.2	7	Generic SOW Template	Samples	NOAA
2.3.2.2	8	SOO Template	Samples	NOAA
2.3.2.2	9	PWS Template	Samples	NOAA
2.3.2.5	1	Defense Contract Management Agency (DCMA)	Website	DCMA
2.3.2.6	1	APG Soliciation Module 2.6.12	Internal	APG
2.3.2.8	1	APG Solicitation Module 2.6.7	Internal	APG
2.3.2.8	2	FAR 16.504	Regulation	FAR
2.3.2.8	3	FAR 16.505	Regulation	FAR
2.3.2.9	1	FAR 52	Regulation	FAR
2.3.2.9	2	Department of Commerce Legal Review Thresholds	Policy	DOC
2.3.2.9	3	FAR 17.2	Regulation	FAR
2.3.2.9	4	FAR 17.204	Regulation	FAR
2.3.2.9	5	APG 2.3.5	Internal	APG
2.3.2.9	6	FAR 16.603	Regulation	FAR
2.3.2.9	7	FAR 19.704	Regulation	FAR
2.3.2.9	8	FAR 19.705-5(b)	Regulation	FAR
2.3.2.9	9	FAR 32	Regulation	FAR
2.3.2.9	10	APG Planning Section 1.7.9	Internal	APG
2.3.2.9	11	FAR 32.204	Regulation	FAR
2.3.2.9	12	FAR 32.205	Regulation	FAR
2.3.2.9	13	FAR 22	Regulation	FAR
2.3.2.9	14	FAR 42.302(a)(1)	Regulation	FAR
2.3.2.9	15	FAR 52.228-5	Regulation	FAR
2.3.2.9	16	FAR 52.228-7	Regulation	FAR
2.3.2.9	17	FAR 42.302(a)(2)	Regulation	FAR
2.3.2.9	18	FAR 32.9	Regulation	FAR
2.3.2.9	19	FAR 52.232-8	Regulation	FAR
2.3.2.9	20	FAR 52.232-25	Regulation	FAR
2.3.2.9	21	FAR 13.401	Regulation	FAR
2.3.2.9	22	FAR 32.605(b)	Regulation	FAR
2.3.2.9	23	FAR 32.606	Regulation	FAR
2.3.2.9	24	FAR 52.213-1	Regulation	FAR
2.3.2.9	25	FAR 13.402	Regulation	FAR
2.3.2.9	26	FAR 52.207-4	Regulation	FAR
2.3.2.9	27	FAR 26.2	Regulation	FAR
2.3.2.9	28	FAR 52.226-3	Regulation	FAR
2.3.2.9	29	FAR 12.301(e)(4)	Regulation	FAR
2.3.2.9	30	FAR 52.226-4	Regulation	FAR
2.3.2.9	31	FAR 52.226-5	Regulation	FAR
2.3.2.9	32	FAR 12	Regulation	FAR
2.3.2.9	33	FAR 13	Regulation	FAR
2.3.2.9	34	FAR 12.3	Regulation	FAR
2.3.2.9	35	FAR 13.3	Regulation	FAR
2.3.2.9	36	Clause Matrix — Commercial Items	Guidance	NOAA
2.3.2.9	37	Clause Matrix — Construction Contracts	Guidance	NOAA
2.3.2.9	38	Clause Matrix — Non-Commercial Services	Guidance	NOAA
2.3.2.10	1	DD Form 1423	Form	DOD
2.3.2.10	2	CDRL and Acquisition of Data Rights Discussion	Guidance	NOAA
2.3.2.10	3	DD Form 254	Form	DOD
2.3.2.11	1	Online Representations and Certifications Application (ORCA)	Website	ORCA
2.3.2.11	2	FAR 52.204-8 Annual Representations and Certifications	Regulation	FAR
2.3.2.11	3	Cost Accounting Standards (CAS)	Policy	Federal
2.3.2.11	4	FAR 52.230-1	Regulation	FAR
2.3.2.11	5	Federal Acquisition Institute (FAI) Lesson on Cost Accounting Standards	Training	Federal
2.3.2.12	1	Sample RFP Sections L&M	Sample	NOAA
2.3.2.12	2	Sample PPI Provision	Sample	NOAA
2.3.2.12	3	FAR 15.406-2	Regulation	FAR
2.3.2.12	4	FAR 15.408 Table 15-2	Regulation	FAR
2.3.2.12	5	FAR 15.403-1	Regulation	FAR
2.3.2.12	6	FAR 15.403-3	Regulation	FAR
2.3.2.12	7	FAR 52.219-9	Regulation	FAR
2.3.2.12	8	FAR 19.704	Regulation	FAR
2.3.2.12	9	FAR 19.705-5(b)	Regulation	FAR
2.3.2.13	1	Sample RFP Sections L&M	Sample	NOAA
2.3.2.13	2	FAR 13	Regulation	FAR
2.3.2.13	3	FAR 13.106	Regulation	FAR
2.3.2.13	4	FAR 15	Regulation	FAR
2.3.2.13	5	FAR 15.304(d)	Regulation	FAR
2.3.2.13	6	FAR 15.304(e)	Regulation	FAR
2.3.2.13	7	FAR 15.304	Regulation	FAR
2.3.2.13	8	FAR 15.304	Regulation	FAR
2.3.2.13	9	FAR 52.219-8	Regulation	FAR
2.3.2.13	10	FAR 52.219-9	Regulation	FAR
2.3.2.13	11	Past Performance Information Retrieval System (PPIRS)	Website	PPIRS
2.3.2.13	12	Past Performance Questionnaire Template	Template	NOAA
2.3.2.13	13	CAM 1342.15	Policy	DOC
2.3.4	1	McNamara-O'Hara Service Contract Act (SCA)	Statute	Federal
2.3.4	2	FAR 22.1003-3	Regulation	FAR
2.3.4	3	FAR 22.1003-4	Regulation	FAR
2.3.4	4	Wage Determinations OnLine	Website	DOL
2.3.4	5	WH-1313	E.O	Federal
2.3.4	6	FAR 22.1018	Regulation	FAR
2.3.4	7	FAR 22.10	Regulation	FAR
2.3.4	8	SCA Training PowerPoint presentation	Training	NOAA
2.3.4	9	Explanation and Applicability of Labor Laws	Guidance	NOAA
2.3.4	10	FAR 22.10	Regulation	FAR
2.3.4	11	FAR 52.212-5	Regulation	FAR
2.3.4	12	FAR 52.222-41	Regulation	FAR
2.3.4	13	FAR 52.222-42	Regulation	FAR
2.3.4	14	FAR 52.222-43	Regulation	FAR
2.3.4	15	FAR 52.222-44	Regulation	FAR
2.3.4	16	FAR 22.	Regulation	FAR
2.3.5	1	FAR 17.2	Regulation	FAR
2.3.5	2	Template Memos for the Inclusion and Evaluation of Options	Guidance	NOAA
2.3.5	3	FAR 17.204(c)	Regulation	FAR
2.3.5	4	http://www.wifcon.com/anal/analfiveyear.htm	Website	WIFCON
2.3.5	5	FAR 17.208	Regulation	FAR
2.3.5	6	FAR 52.217-3	Regulation	FAR
2.3.5	7	FAR 52.217-4	Regulation	FAR
2.3.5	8	FAR 52.217-5	Regulation	FAR
2.3.5	9	FAR 52.217-6	Regulation	FAR
2.3.5	10	FAR 52.217-7	Regulation	FAR
2.3.5	11	FAR 52-217-8	Regulation	FAR
2.3.5	12	FAR 52.217-9	Regulation	FAR
2.4	1	www.fedbizopps.gov	Website	FBO
2.4	2	FAR 5	Regulation	FAR
2.4	3	FAR 12.603	Regulation	FAR
2.4	4	FAR 6.302-2	Regulation	FAR
2.4	5	FAR 7.105(b)(20)	Regulation	FAR
2.4	6	NOAA Acquisition Handbook Chapter 7	Policy	NOAA
2.5	1	Standard Form (SF) 30	Form	GSA
2.6.1	1	FAR 19	Regulation	FAR
2.6.1	2	FAR 52.219-1	Regulation	FAR
2.6.1	3	FAR 52.219-3	Regulation	FAR
2.6.1	4	FAR 19.1305	Regulation	FAR
2.6.1	5	FAR 19.1306	Regulation	FAR
2.6.1	6	FAR 52.219-4	Regulation	FAR
2.6.1	7	FAR 52.219-6	Regulation	FAR
2.6.1	8	FAR 19.504	Regulation	FAR
2.6.1	9	FAR 52.219-7,	Regulation	FAR
2.6.1	10	FAR 52.219-8	Regulation	FAR
2.6.1	11	FAR 52.219-9	Regulation	FAR
2.6.1	12	FAR 52.219-8,	Regulation	FAR
2.6.1	13	FAR 19.705-2(d),	Regulation	FAR
2.6.1	14	FAR 52.219-11	Regulation	FAR
2.6.1	15	FAR 19.811-1(a) and (b).	Regulation	FAR
2.6.1	16	FAR 52.219-14	Regulation	FAR
2.6.1	17	FAR 52.219-16	Regulation	FAR
2.6.1	18	FAR 52.219-9	Regulation	FAR
2.6.1	19	FAR 52.219-17	Regulation	FAR
2.6.1	20	FAR 19.805	Regulation	FAR
2.6.1	21	FAR 19.811-1	Regulation	FAR
2.6.1	22	FAR 19.805	Regulation	FAR
2.6.1	23	FAR 52.219-18	Regulation	FAR
2.6.1	24	FAR 19.804-2	Regulation	FAR
2.6.1	25	FAR 52.219-18	Regulation	FAR
2.6.1	26	FAR 52.219-14	Regulation	FAR
2.6.1	27	FAR 19.8	Regulation	FAR
2.6.1	28	FAR 52.219-2	Regulation	FAR
2.6.1	29	FAR 52.219-25	Regulation	FAR
2.6.1	30	FAR 52.219-27	Regulation	FAR
2.6.1	31	FAR 19.1405	Regulation	FAR
2.6.1	32	FAR 19.1406.	Regulation	FAR
2.6.1	33	FAR 52.219-18	Regulation	FAR
2.6.1	34	Department of Commerce Office of Small Disadvantaged Business Utilization	Website	DOC
2.6.1	35	Small Business Administration’s (SBA’s) assigned Procurement Center Representative (PCR)	Guidance	NOAA
2.6.1	36	FAR 13.003	Regulation	FAR
2.6.1	37	FAR 19.4.	Regulation	FAR
2.6.1	38	FAR 19	Regulation	FAR
2.6.1	39	FAR 52.219-1	Regulation	FAR
2.6.1	40	FAR 52.212-3	Regulation	FAR
2.6.1	41	FAR 19.302	Regulation	FAR
2.6.2	42	FAR 32.9	Regulation	FAR
2.6.2	43	FAR 52.232-8	Regulation	FAR
2.6.2	44	FAR 52.232-25	Regulation	FAR
2.6.2	45	FAR 52.232-33	Regulation	FAR
2.6.2	46	FAR 52.232-34	Regulation	FAR
2.6.3	47	FAR 52.213-1	Regulation	FAR
2.6.3	50	FAR 13.402	Regulation	FAR
2.6.4	1	FAR 52.207-4	Regulation	FAR
2.6.5	1	FAR 52.212-1	Regulation	FAR
2.6.5	2	FAR 52.214-22	Regulation	FAR
2.6.6	1	FAR 27	Regulation	FAR
2.6.6	2	FAR 45.502	Regulation	FAR
2.6.6	3	http://www.pps.noaa.gov/	Website	NOAA
2.6.6	4	FAR 42.302	Regulation	FAR
2.6.7	1	FAR 25	Regulation	FAR
2.6.7	2	FAR 25.103	Regulation	FAR
2.6.7	3	FAR 52.225-1	Regulation	FAR
2.6.7	4	FAR 52.212-5	Regulation	FAR
2.6.7	5	FAR 52.225-2	Regulation	FAR
2.6.7	6	FAR 52.212-3	Regulation	FAR
2.6.8	1	FAR 25.4	Regulation	FAR
2.6.8	2	FAR 25.401	Regulation	FAR
2.6.8	3	FAR 25.5	Regulation	FAR
2.6.8	4	FAR 25.8	Regulation	FAR
2.6.9	1	FAR 25.4	Regulation	FAR
2.6.9	2	Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn	Website	Treasury
2.6.9	3	http://www.treas.gov/offices/enforcement/ofac	Website	Treasury
2.6.10	1	FAR 52.223-3	Regulation	FAR
2.6.10	2	FAR 52.247-45	Regulation	FAR

2.1 Synopsis

2.1.1 Presolicitation Notice Top of Page

2.1.2 Draft Solicitation Top of Page

2.1.3 Sources Sought Top of Page

2.1.4 Combined Synopsis/Solicitation Top of Page

2.1.5 Special Notice Top of Page

2.1.6 Award Notice Top of Page

2.1.7 Emergency Acquisition Top of Page

2.1.8 Procurement Instrument Numbering Top of Page

2.2 Competition Requirements

2.3 Solicitation Development

2.3.1 Simplified Acquisitions Top of Page

2.3.1.1 Oral Solicitations Top of Page

2.3.1.2 Written Solicitations Top of Page

2.3.2 Negotiated/Sealed Bidding Acquisitions - Uniform Contract Format

Top of Page

2.3.2.1 Section A – Solicitation/Contract Form Top of Page

2.3.2.2 Section B – Supplies and Services and Prices/Costs (CLIN)s Top of Page

2.3.2.3 Section C – Description/Specifications/Work Statement Top of Page

When using a PWS, include the Performance Requirements Summary (PRS) from the Quality Assurance Surveillance Plan (QASP).

2.3.2.4 Section D – Packaging and Marking Top of Page

2.3.2.5 Section E – Inspection and Acceptance Top of Page

2.3.2.6 Section F – Deliveries or Performance Top of Page

The Contracting Officer will list the destination and quantities for each CLIN/ SLIN. If either is unknown, “to be determined” or “to be negotiated” will suffice.

Delivery dates/schedules should be stated as specified periods of time from the date of contract award. For supplies, include the required delivery dates. For services, specify the anticipated period of performance (i.e., beginning and end dates).

Selection of Delivery Method. Delivery terms for supplies shall be Free-On-Board (FOB) origin or destination, whichever is the most advantageous to the Government:

For a more detailed discussion on delivery methods and transportation procedures, see

APG 2.6.12.

2.3.2.7 Section G – Contract Administration Data Top of Page

2.3.2.8 Section H – Special Contract Requirements Top of Page

2.3.2.9 Section I – Contract Clauses Top of Page

2.3.2.10 Section J – List of Attachments Top of Page

2.3.2.11 Section K – Representations, Certifications and Other Statements of Offeror Top of Page

2.3.2.12 Section L – Instructions, Conditions, and Notice to OfferorsTop of Page

2.3.2.13 Section M – Evaluation Factors for Award Top of Page

· significantly more important than cost or price; or

· approximately equal to cost or price; or

· significantly less important than cost or price.

2.3.3 Solicitations for Performance Based Acquisitions Top of Page

2.3.4 Service Contracting Top of Page

2.3.5 Options Top of Page

2.4 Issuing the Solicitation

2.5 Amending the Solicitation

2.6 Special Considerations

2.6.1 Small Business Program Top of Page

2.6.2 Prompt Payment Act Top of Page

2.6.3 Fast Payment Procedures Top of Page

2.6.4 Economic Quantity Discounts Top of Page

2.6.5 Evaluating Quotes for Multiple Awards Top of Page

2.6.6 Government-Furnished Property, Material, Equipment or Information

Top of Page

2.6.7 Buy American Act Top of Page

2.6.8 Trade Agreements and Other International Agreements and Coordination Top of Page

2.6.9 Restrictions on Certain Foreign Purchases Top of Page

2.6.10 Hazardous Materials and Waste Disposal Top of Page

2.6.11 Transportation Provisions Top of Page

2.7 Files and Documentation

2.8 Reference Summary