2.1.4 Combined Synopsis/Solicitation
2.1.8 Procurement Instrument Numbering
2.3.2 Negotiated/Sealed Bidding Acquisitions –
Uniform Contract Format
2.3.2.1 Section A – Solicitation/Contract Form
2.3.2.2 Section B – Supplies and Services and Prices/Costs (CLIN)
2.3.2.3 Section C – Description/Specifications/Work Statement
2.3.2.4 Section D – Packaging and Marking
2.3.2.5 Section E – Inspection and Acceptance
2.3.2.6 Section F – Deliveries or Performance
2.3.2.7 Section G – Contract Administration Data
2.3.2.8 Section H – Special Contract Requirements
2.3.2.9 Section I – Contract Clauses
2.3.2.10 Section J – List of Attachments
2.3.2.11 Section K – Representations, Certifications and Other Statements of Offeror
2.3.2.12 Section L – Instructions, Conditions, and Notice to Offerors
2.3.2.13 Section M – Evaluation Factors for Award
2.3.3 Solicitations for Performance Based Acquisitions
2.6.4 Economic Quantity Discounts
2.6.5 Evaluating Quotes for Multiple Awards
2.6.6 Federal Technical Data Solution (FedTeDs) now incorporated into FedBizOpps
2.6.7 Government-Furnished Property, Material, Equipment or Information
2.6.9 North American free Trade Agreement (NAFTA)
2.6.10 Restrictions on Certain Foreign Purchases
2.6.11 Hazardous Material and Waste Disposal
2.6.12 Transportation Provisions
2.8 Summary of Solicitation Module References
The objective of preparing the Solicitation is to accurately describe NOAA requirements so that all qualified Offerors are given the opportunity to respond. This phase of the contractingprocess includes publicizing the planned procurement; preparing the Solicitation; amending the Solicitation, as necessary; and receiving offers.
All information attained during the Solicitation phase must be documented in the contract file.
This module explains the NOAA processes for preparing and issuing a Solicitation.
The Contracting Officer develops the Solicitation in concert with the Project Officer. The Solicitation will ultimately form the basis of the contract.
2.1 Synopsis
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FAR 5 describes the regulations for publicizing contract actions. All procurements at NOAA expected to exceed $10,000 (not the FAR required $25,000) must be synopsized unless an exception exists (see FAR 5.202).
The Contracting Officer prepares and issues the synopsis using the information provided in the Procurement Request (PR) package by the Project Officer. Synopsis content requirements are provided in FAR 5.207 and FAR 12.603.
The purpose of publicizing contract actions is to increase competition, broaden industry participation in meeting Government requirements, and assist small business concerns (FAR 19) in obtaining contracts and subcontracts. The Contracting Officer publishes contract actions via Federal Business Opportunities (FedBizOpps) at http://www.fedbizopps.gov. Contracting Officers are required to register and obtain a user ID and password in FedBizOpps.
All Solicitations, regardless of value, should instruct Offerors to complete Representations and Certifications, or the submission of other information via the Online Representations and Certifications Application (ORCA) at: https://orca.bpn.gov/. See Planning 1.9.2 for more information.
2.1.1
Presolicitation Notice Top of Page
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· Notice of Contracting Opportunities
·
Brand Name Notices. Agencies must document the
rationale for use of Brand Name Specifications (see FAR 11.105(b) and (c) and FAR 6.302-1(c)). Include the rationale for using a Brand
Name Specification in paragraph (c)(14) of the synopsis format required by FAR 5.207.
2.1.2
Draft Solicitation Top of Page
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The Contracting Officer may issue a draft Solicitation to
obtain comments and questions from industry prior to the release of the final
Solicitation in order to better refine the Solicitation and/or clarify any
ambiguities. Posting a draft
Solicitation allows for an exchange with industry in the form of questions,
comments, suggestions, and corrections that can significantly improve the final
Solicitation (e.g., identifying cost drivers or problem areas, and request
alternative approaches from industry). Draft Solicitations should clearly
indicate that comments and recommendations are being requested rather than
formal offers. The Contracting Officer should be sure to allow sufficient time
to permit perspective Offerors to respond meaningfully.
The draft Solicitation may include some unknowns, but it should contain as much
as possible of each Solicitation section for industry to provide meaningful
comments. As a minimum, a draft Solicitation should include drafts of Sections L and M, and any Specifications
and draft work statements (PWS/SOW/SOO). Where possible, it should also include
anticipated delivery schedules, special provisions, contract security
requirements, and data requirements.
The Contracting Officer should request review of the draft Solicitation by the
Project Officer and Counsel in accordance with NOAA procedures prior to
release.
2.1.3
Sources Sought
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Sources
Sought. May be published as Request
for Information (RFIs) or Sources Sought Notices. Contracting Officers may
transmit to FedBizOpps advance notices of their interest in potential Research
and Development (R&D) programs whenever market research does not produce a
sufficient number of concerns to obtain adequate competition. Although the FAR
appears to limit this technique for identifying potential sources for R&D
contracts, it may be used for all types of procurements. It is designed to
identify potential sources for procurements and can provide an opportunity for
the marketplace to indicate its interest in submitting offers for future
acquisitions. This type of synopsis has particular application when one
Contractor is thought to be uniquely capable of meeting the Government’s
minimum requirements and verification of this opinion is needed.
Requests for Information (RFIs). A RFI requests responses from industry (e.g., white papers, capability statements, product brochures) solely for information and planning purposes. RFIs may be used when the Government does not presently intend to award a contract, but wants to obtain price, delivery, other market information, or capabilities for planning purposes. An RFI does not constitute a Request for Proposal (RFP) or a promise to issue an RFP in the future, and a RFI does not commit the Government to contract for any supply or service. (See FAR 15.201(e).) Responses to these notices are not offers and cannot be accepted by the Government to form a binding contract. The Contracting Officer must post the RFI on FedBizOpps to notify the public. Although there is no required format for RFIs, see Sample RFI.
Notice to determine the availability of commercial sources in accordance with FAR 7.3 (public–private competitions under OMB Circular A-76).
2.1.4 Combined Synopsis/Solicitation Top of Page
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Combined Synopsis/Synopsis/Solicitation. Allows the buyer to publish both a notice and Solicitation in a single submission for commercial items, as defined by FAR 5.207 and FAR 12.603. Does not require a minimum 15-day delay between notice publication and Solicitation release, as required for non-commercial items.
2.1.5 Special Notice Top of Page |
· Announce procurement matters such as a business fair, presolicitation or preproposal conference, site visit opportunity, meeting, or availability of draft work statements/Specifications for review.
· Intent to award a sole-source contract (see APG Planning Module APG 1.8.3).
· Long Range Procurement Estimates.
2.1.6 Award Notice Top of Page
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· Contract Award Notice
· Submit announcement information to the NOAA Office of Legislative Affairs and the NOAA Office of Public Affairs in accordance with the NOAA Acquisition Handbook Chapters 5.1e and 4.1f concurrent with synopsis of contract award.
· Notices of Subcontracting Opportunities.
2.1.7 Emergency Acquisition Top of Page
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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
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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:
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.
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
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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:
When soliciting
quotations, the Contracting Officer shall notify potential quoters or Offerors
of the basis on which award will be made:
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
Representations, certifications, and other statements of
Offerors or Respondents |
|
Instructions, conditions, and notices to Offerors or
Respondents |
|
* 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
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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
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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:
·
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:
2.3.2.3 Section C –
Description/Specifications/Work Statement
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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:
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
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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
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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.
· FOB Destination: The Contractor will pay transportation charges from origin to the destination. (Included in contract price.)
2.3.2.7 Section G –
Contract Administration Data Top of Page
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Section G describes the following:
2.3.2.8 Section H –
Special Contract Requirements Top of Page
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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:
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
2.3.2.9 Section I –
Contract Clauses Top of Page
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The Contracting Officer incorporates requisite regulatory
and approved local clauses in
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
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Section J lists the title, date, and number of pages for each attached document. Section J material may include:
2.3.2.11 Section K –
Representations, Certifications and Other Statements of Offeror Top of Page
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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
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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:
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:
2.3.2.13 Section M –
Evaluation Factors for Award Top of Page
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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:
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
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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).
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
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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.
Additional information on the SCA can be found at FAR 22.
2.3.5 Options
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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 use of Options provides no guarantee to the Contractor and the Government may choose not to exercise the Option for the following reasons:
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:
Additionally, potential Offerors must acknowledge receipt of the Amendment. Any of the following three methods of acknowledgement may be used:
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:
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
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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:
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
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
|
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:
2.8 Reference
Summary
|
Section |
# |
Reference Description |
Type |
Source |
1 |
Regulation |
FAR |
||
2 |
Regulation |
FAR |
||
3 |
Regulation |
FAR |
||
4 |
Regulation |
FAR |
||
5 |
Regulation |
FAR |
||
6 |
Website |
FBO
|
||
7 |
Online Representations and Certifications
Application (ORCA) |
Website |
ORCA |
|
1 |
Regulation |
FAR |
||
2 |
Regulation |
FAR |
||
3 |
Regulation |
FAR |
||
1 |
Regulation
|
FAR |
||
2
|
Sample |
APG |
||
3
|
Regulation |
FAR |
||
1 |
Regulation |
FAR |
||
2 |
Regulation |
FAR |
||
1 |
Internal |
APG |
||
1 |
Policy |
NOAA |
||
1 |
Regulation |
FAR |
||
2 |
Regulation |
FAR |
||
3 |
Regulation |
FAR |
||
4 |
Website |
FBO
|
||
1 |
Policy |
NOAA |
||
1 |
Regulation |
FAR |
||
2 |
Regulation |
FAR |
||
1 |
Regulation |
FAR |
||
2 |
Regulation |
FAR |
||
3 |
Regulation |
FAR |
||
4 |
Regulation |
FAR |
||
5 |
Internal |
APG |
||
6 |
Policy |
NOAA |
||
7 |
Policy |
DOC |
||
8 |
Policy |
DOC |
||
9
|
Policy
|
DOC
|
||
10
|
Policy
|
NOAA |
||
11
|
Policy |
NOAA |
||
1 |
Regulation |
FAR |
||
2 |
Regulation |
FAR |
||
3 |
Regulation |
FAR |
||
4 |
Regulation |
FAR |
||
5 |
Regulation |
FAR |
||
6 |
Regulation |
FAR |
||
7 |
Regulation |
FAR |
||
8 |
Internal |
APG |
||
9 |
NOAA Solicitation Preparation Guide for the Acquisition of
Commercial Items |
Guidance |
NOAA
|
|
1 |
Regulation |
FAR |
||
2 |
Website |
CCR |
||
3 |
Website |
FBO |
||
1 |
Form |
GSA |
||
2 |
Form |
GSA |
||
3 |
Regulation |
FAR |
||
4 |
Regulation |
FAR |
||
5 |
Regulation |
FAR |
||
6 |
Regulation |
FAR |
||
7 |
Regulation |
FAR |
||
8 |
Regulation |
FAR |
||
9 |
Regulation |
FAR |
||
10 |
Regulation |
FAR |
||
11
|
Regulation |
FAR |
||
12 |
Regulation |
FAR |
||
13 |
Regulation |
FAR |
||
14 |
Regulation |
FAR |
||
15 |
Regulation |
FAR |
||
16 |
Regulation |
FAR |
||
17 |
Regulation |
FAR |
||
18 |
Regulation |
FAR |
||
19 |
Regulation |
FAR |
||
20 |
Regulation |
FAR |
||
21 |
Statute |
Federal |
||
22 |
Statute |
Federal |
||
23 |
Statute |
Federal |
||
1 |
Regulation |
FAR |
||
2 |
Regulation |
FAR |
||
3 |
Regulation |
FAR |
||
1 |
Form |
GSA |
||
1 |
Regulation |
FAR |
||
2 |
Internal |
APG |
||
3 |
Form |
DOD |
||
4 |
Guidance |
DOD |
||
5 |
Guidance |
GSA |
||
6 |
Samples |
NOAA |
||
7 |
Samples |
NOAA
|
||
8 |
Samples |
NOAA
|
||
9 |
Samples |
NOAA |
||
1 |
Website |
DCMA
|
||
1 |
Internal |
APG |
||
1 |
Internal |
APG |
||
2 |
Regulation |
FAR |
||
3 |
Regulation |
FAR |
||
1 |
Regulation |
FAR |
||
2 |
Policy |
DOC |
||
3 |
Regulation |
FAR |
||
4 |
Regulation |
FAR |
||
5 |
Internal |
APG |
||
6 |
Regulation |
FAR |
||
7 |
Regulation |
FAR |
||
8 |
Regulation |
FAR |
||
9 |
Regulation |
FAR |
||
10 |
Internal |
APG |
||
11 |
Regulation |
FAR |
||
12 |
Regulation |
FAR |
||
13 |
Regulation |
FAR |
||
14 |
Regulation |
FAR |
||
15 |
Regulation |
FAR |
||
16 |
Regulation |
FAR |
||
17 |
Regulation |
FAR |
||
18 |
Regulation |
FAR |
||
19 |
Regulation |
FAR |
||
20 |
Regulation |
FAR |
||
21 |
Regulation |
FAR |
||
22 |
Regulation |
FAR |
||
23 |
Regulation |
FAR |
||
24 |
Regulation |
FAR |
||
25 |
Regulation |
FAR |
||
26 |
Regulation |
FAR |
||
27 |
Regulation |
FAR |
||
28 |
Regulation |
FAR |
||
29 |
Regulation |
FAR |
||
30 |
Regulation |
FAR |
||
31 |
Regulation |
FAR |
||
32 |
Regulation |
FAR |
||
33 |
Regulation |
FAR |
||
34 |
Regulation |
FAR |
||
35 |
Regulation |
FAR |
||
36 |
Guidance |
NOAA |
||
37 |
Guidance |
NOAA |
||
38 |
Guidance |
NOAA
|
||
Form |
DOD |
|||
2 |
Guidance |
NOAA
|
||
3 |
Form |
DOD |
||
Online Representations and Certifications
Application (ORCA) |
Website |
ORCA |
||
2 |
Regulation |
FAR |
||
3 |
Policy |
Federal |
||
4 |
Regulation |
FAR |
||
5 |
Federal Acquisition Institute (FAI) Lesson on Cost Accounting
Standards |
Training |
Federal |
|
Sample |
NOAA |
|||
2 |
Sample |
NOAA
|
||
3 |
Regulation |
FAR |
||
4 |
Regulation |
FAR |
||
5 |
Regulation |
FAR |
||
6 |
Regulation |
FAR |
||
7 |
Regulation |
FAR |
||
8 |
Regulation |
FAR |
||
9 |
Regulation |
FAR |
||
1 |
Sample |
NOAA |
||
2 |
Regulation |
FAR |
||
3 |
Regulation |
FAR |
||
4 |
Regulation |
FAR |
||
5 |
Regulation |
FAR |
||
6 |
Regulation |
FAR |
||
7 |
Regulation |
FAR |
||
8 |
Regulation |
FAR |
||
9 |
Regulation |
FAR |
||
10 |
Regulation |
FAR |
||
11 |
Website |
PPIRS
|
||
12 |
Template |
NOAA
|
||
13 |
Policy |
DOC |
||
1 |
Statute |
Federal |
||
2 |
Regulation |
FAR |
||
3 |
Regulation |
FAR |
||
4 |
Website |
DOL
|
||
5 |
E.O |
Federal |
||
6 |
Regulation |
FAR |
||
7 |
Regulation |
FAR |
||
8 |
Training |
NOAA
|
||
9 |
Guidance |
NOAA
|
||
10 |
Regulation |
FAR |
||
11 |
Regulation |
FAR |
||
12 |
Regulation |
FAR |
||
13 |
Regulation |
FAR |
||
14 |
Regulation |
FAR |
||
15 |
Regulation |
FAR |
||
16 |
Regulation |
FAR |
||
Regulation |
FAR |
|||
2 |
Guidance |
NOAA
|
||
3 |
Regulation |
FAR |
||
4 |
Website
|
WIFCON
|
||
5 |
Regulation |
FAR |
||
6 |
Regulation |
FAR |
||
7 |
Regulation |
FAR |
||
8 |
Regulation |
FAR |
||
9 |
Regulation |
FAR |
||
10 |
Regulation |
FAR |
||
11 |
Regulation |
FAR |
||
12 |
Regulation |
FAR |
||
Website |
FBO |
|||
2 |
Regulation |
FAR |
||
3 |
Regulation |
FAR |
||
4 |
Regulation |
FAR |
||
5 |
Regulation |
FAR |
||
6 |
Policy |
NOAA
|
||
Form |
GSA
|
|||
1 |
Regulation |
FAR |
||
2 |
Regulation |
FAR |
||
3 |
Regulation |
FAR |
||
4 |
Regulation |
FAR |
||
5 |
Regulation |
FAR |
||
6 |
Regulation |
FAR |
||
7 |
Regulation |
FAR |
||
8 |
Regulation |
FAR |
||
9 |
Regulation |
FAR |
||
10 |
Regulation |
FAR |
||
11 |
Regulation |
FAR |
||
12 |
Regulation |
FAR |
||
13 |
Regulation |
FAR |
||
14 |
Regulation |
FAR |
||
15 |
Regulation |
FAR |
||
16 |
Regulation |
FAR |
||
17 |
Regulation |
FAR |
||
18 |
Regulation |
FAR |
||
19 |
Regulation |
FAR |
||
20 |
Regulation |
FAR |
||
21 |
Regulation |
FAR |
||
22 |
Regulation |
FAR |
||
23 |
Regulation |
FAR |
||
24 |
Regulation |
FAR |
||
25 |
Regulation |
FAR |
||
26 |
Regulation |
FAR |
||
27 |
Regulation |
FAR |
||
28 |
Regulation |
FAR |
||
29 |
Regulation |
FAR |
||
30 |
Regulation |
FAR |
||
31 |
Regulation |
FAR |
||
32 |
Regulation |
FAR |
||
33 |
Regulation |
FAR |
||
34 |
Department
of Commerce Office of Small Disadvantaged Business Utilization |
Website |
DOC |
|
35 |
Small Business
Administration’s (SBA’s) assigned Procurement Center Representative (PCR)
|
Guidance |
NOAA
|
|
36 |
Regulation |
FAR |
||
37 |
Regulation |
FAR |
||
38 |
Regulation |
FAR |
||
39 |
Regulation |
FAR |
||
40 |
Regulation |
FAR |
||
41 |
Regulation |
FAR |
||
42 |
Regulation |
FAR |
||
43 |
Regulation |
FAR |
||
44 |
Regulation |
FAR |
||
45 |
Regulation |
FAR |
||
46 |
Regulation |
FAR |
||
Regulation |
FAR |
|||
50 |
Regulation |
FAR |
||
1 |
Regulation |
FAR |
||
1 |
Regulation |
FAR |
||
2 |
Regulation |
FAR |
||
1 |
Regulation |
FAR |
||
2 |
Regulation |
FAR |
||
3 |
Website |
NOAA |
||
4 |
Regulation |
FAR |
||
1 |
Regulation |
FAR |
||
2 |
Regulation |
FAR |
||
3 |
Regulation |
FAR |
||
4 |
Regulation |
FAR |
||
5 |
Regulation |
FAR |
||
6 |
Regulation |
FAR |
||
1 |
Regulation |
FAR |
||
2 |
Regulation |
FAR |
||
3 |
Regulation |
FAR |
||
4 |
Regulation |
FAR |
||
1 |
Regulation |
FAR |
||
2 |
Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn |
Website |
Treasury
|
|
3 |
Website |
Treasury
|
||
1 |
Regulation |
FAR |
||
2 |
Regulation |
FAR |