4-NOAA Acquisition Process Guide Award Module

The Contracting Officer is primarily responsible for the Award phase. The Project Officer helps identify and nominate a Contracting Officer’s Representative (COR), reviews the final contract for compliance with technical requirements, and prepares for participation in post-award debriefings. The Contracting Officer designates the COR, makes applicable pre-award notifications, distributes the contract award, conducts post-award debriefings, and performs reporting of contractual actions.

4.1 Inquiries from External Sources

Top of Page

Contracting Officers, upon receipt of inquiries from Members of Congress, State or Local Government Legislative Officials, Office of Inspector General, or outside Agency representatives, shall:

· Complete the Report of Direct Contact contained in NOAA Acquisition Handbook, Part 5, Exhibit1;

· Prepare a detailed response to the inquiry;

· Forward to the Executive Officer, Office of the Director, Acquisition and Grants Office requesting approval to disclose.

Upon receipt of approval to disclose, provide the detailed response, and send a copy to the Office of Legislative and Intergovernmental Affairs (OLIA)

4.2 Pre-award Notices

Top of Page

This section provides information regarding Pre-award Notices of Exclusion (for unsuccessful offeror), Small Business Notification, and Legislative Notifications of Contract Award.

4.2.1 Notices of Exclusion Top of Page

Whenever FAR 15 evaluation techniques are utilized, the Contracting Officer, prior to contract award, will notify unsuccessful Offerors when their offers are no longer within the competitive range or otherwise eliminated from the competition. This occurs during the Evaluation phase prior to conducting discussions. The Pre-Award Notices of Exclusion (see Pre-award Notice of Exclusion Template) to these unsuccessful Offerors states the basis for the elimination and that revised offers will not be accepted. For specific information on the Pre-Award notification to unsuccessful Offerors process, see FAR 15.503.

4.2.2 Small Business Notification to Unsuccessful Offeror Top of Page

FAR 15.503(a)(2) requires the Contracting Officer to send a formal notice (see Small Business Challenge Letter Template ) to each unsuccessful Offeror, prior to award when:

Using small business set-aside;
A small disadvantaged business concern receives a benefit based on its disadvantaged status and is the apparently successful Offeror (see FAR 19.11 and FAR 19.1202);
Using the HUB Zone procedures; and
Using the service-disabled veteran-owned small business procedures.

Unless the Contracting Officer determines in writing that the urgency of the requirement necessitates award without delay (see FAR 15.503(a)(2)(iii)), or when the contract is entered into under the 8(a) program (see FAR 19.805-2).

The notice must state the following:

Name and address of the successful Offeror.
Proposal or quotation revisions will not be accepted.
Response is not required unless a basis exists to challenge the small business size status, disadvantaged status, HUBZone status, or SDVOSB status of the successful Offeror.

Challenges must be received by the Contracting Officer by the close of business of the fifth day following receipt of notice. (See FAR 19.302(d)(1)).

4.2.3 Legislative Notifications of Planned Contract Awards Top of Page

Commerce Acquisition Manual Chapter 1305.303 establishes policy regarding Department of Commerce Announcement of Contract Awards for all awards ≥ $3.5 Million over the life of the contract (inclusive of options and/or the estimated total quantity for a Requirements-type contract and/or the guaranteed minimum quantity for an Indefinite Delivery contract. This policy is also applicable to orders placed under Federal Supply Schedules (FSS), Government-Wide Acquisition Contracts, Multi-Agency Contracts, and Blanket Purchase Agreements established by NOAA acquisition offices against FSS contracts) and all awards made pursuant to the American Recovery and Reinvestment Act (ARRA). Acquisition Alert AA10-01 dated 4/28/2010 establishes procedures for implementing the Commerce Acquisition Manual.

4.2.3.1 Roles and Responsibilities Top of Page

Contracting Officer (CO) is responsible for the preparation and timely submission of planned and post-award notifications to the designated point of contact within the AGO Support Services Management Division and Office of Legislative Affairs (OLA), respectively.

Support Services Management Division point of contact (SSMD POC) is responsible for timely submission of planned and ready award notifications to OLA.

Office of Legislative Affairs (OLA) is responsible for the further dissemination of all contract notifications to the Department’s Office of Legislative and Intergovernmental Affairs (OLIA) and the White House Liaison.

4.2.3.2 Notice of Planned Award Top of Page

Contracting Officer (CO)s are required to submit notices of Planned Contract Awards(NOAA Acquisition Alert 10-01, Attachment 1) by email to the Support Services Management Division (SSMD) point of contact by Noon Eastern Standard Time on the Wednesday no less than 10 days prior to the planned award date. This “Notices” must be prepared in the form of a narrative statement containing the information outlined in Attachment 1. The proposed award amount shall not be provided for any type of competitive action. The SSMD POC shall prepare the OLA notification and submit it via email to OLA no later than Noon Eastern Time on Friday. If a notice is not received by noon on Wednesday, the notice will fall into the next week and the 10-day count will be from that date forward. When a notice is received after noon on Wednesday, the CO will receive an email that the notice will not make the submission that week but will be included in the submission the following week. The current SSMD POC is John Abbott, John.J.Abbott@noaa.gov.

4.2.3.3 Notice of Ready Award Top of Page

Notices of ready awards shall be prepared by the Support Services Management Division (SSMD) Point of Contact (POC) using the information contained in the notices of planned awards reported in the previous week (see above). The SSMD POC shall submit notices of ready awards to Office of Legislative Affairs (OLA) via email no later than Noon Eastern Time on Friday.

4.2.3.4 24-Hour Advance Notice of Awards ≥ $3.5 Million and ARRA-Funded Awards of Any Dollar Value Top of Page

The White House requires Federal agencies to provide a 24-Hour Advance Notice (NOAA Acquisition Alert 10-01, Attachment 2) of all awards ≥ $3.5 Million and ARRA-funded awards of any dollar value. Award shall not be made until the Contracting Officer receives Office of Legislative Affairs (OLA) approval to proceed. Contacting Officers (CO)s shall submit the notices directly to NOAA’s OLA on the business day immediately prior to the intended award date. For awards planned for a Monday, notices will be submitted on the prior Friday. The proposed award amount shall not be provided for any type of competitive action.

The notice shall be prepared by modifying the applicable notice AGO provided to OLA in the weekly report submitted on Friday. The CO will identify the appropriate notice contained in the “Release of Current Awards” section of that Acquisition and Grants Office (AGO) report to OLA and edit the notice to remove the submitted date, the statement regarding congressional or media interest, and the point of contact information.

COs shall submit the modified notice via email to the following addresses:

“TO” addressees: John.Gray@noaa.gov; Michael.Jarvis@noaa.gov;

Bagley Timothy@noaa.gov

“CC” addressee: John.J.Abbott@noaa.gov
Subject: 24-Hour Notice

Once the CO has received notification from OLA that the award is approved, the CO may proceed to award the action.

4.2.3.5 Restriction on Release of Source Selection Information Top of Page

Pre-award notices shall be limited in nature to avoid release of acquisition–sensitive pre-award information and shall not contain any information prejudicial to a competitive acquisition. No classified or confidential business information, contractor costs, pricing or proposal information, or source selection information as defined in FAR 3.104 will be included.

The anticipated award amount shall not be revealed for any competitive actions, including new contract/purchase order awards, fair opportunity for consideration on task/delivery orders issued under multiple-award Indefinite Delivery Contracts and competitive awards made under Blanket Purchase Agreements.

4.3 Protests Received Before Award

Top of Page

An unsuccessful Offeror may file a protest with one or more of the following entities:

· The Agency (NOAA Contracting Officer)

· The Government Accountability Office (GAO),

· The U.S. Court of Federal Claims (COFC).

For specific instruction see NOAA Acquisition Handbook, Part 33, NOAA contracting personnel shall work with the Protest Control Officer (PCO) and the Department of Commerce (DOC), Office of General Council, (OGC) Contract Law Division (CLD) attorney to resolve protests.

The AGO’s Policy Coordinator serves as the liaison/point of contact for protests filed with the General Accounting Office (GAO) and the agency. The AGO Policy Coordinator acts as NOAA’s PCO. The PCO can also act as an independent reviewer as allowed in FAR 33.103(d)(4). The PCO’s mailing address is as follows:

National Oceanic and Atmospheric Administration

Acquisition and Grants Office

1305 East West Highway, Suite 6300

Silver Spring, MD 20910

Coordinate all protests with DOC OGC CLD, the cognizant legal counsel for contractual issues. Visit the following website for additional information regarding legal staff; http://www.ogc.doc.gov/ogc/contracts/cld/cldstaff.html. The mailing address is as follows:

U. S. Department of Commerce

Office of General Counsel

Contract Law Division, Room 5893

Herbert C. Hoover Building

14th Street and Constitution Avenue, N. W.

Washington, DC 20230

In addition, Contracting Officers shall notify OAM of all protests, lawsuits or appeals filed relating to a DOC contract action within one business day from receipt of such notification. Contracting Officers shall also provide OAM a copy of all protests/lawsuits and responses to those protests/lawsuits within one week after responses are submitted. (See DAO 208-05, PM 2010-04, PM 2010-10, PM 2011-05, and Acquisition Alert 05 - Revised Legal Review Thresholds): The copies and responses shall be forwarded to the following office:

U.S. Department of Commerce

Office of Acquisition Management

Attn: Senior Procurement Executive

1401 Constitution Avenue, NW

HCHB Room 6422

Washington, DC 20230

4.3.1 Protest Prevention and Resolution Top of Page

Contracting Officers can minimize the risk of protests by:

Adhering to the Source Selection Plan (SSP), Section M of the RFP, and all FAR and other regulatory guidance;
Involving Counsel early in the procurement process; and
Conducting a well-documented source selection.

Prior to submission of agency-level protests, all parties should use their best efforts to resolve concerns raised by an interested party at the Contracting Officer level through open and frank discussions.

The NOAA encourages the use of Alternative Dispute Resolution (ADR). FAR 33.201 defines ADR as "any type of procedure or combination of procedures voluntarily used to resolve issues in controversy. These procedures may include, but are not limited to, conciliation, facilitation, mediation, fact-finding, mini-trials, arbitration, and use of ombudsmen. Where appropriate, the use of third party neutrals, and another agency’s personnel are also acceptable protest resolution methods.

If the protest reveals that an award does not comply with the requirements of law or regulation, the Government may be required to pay to the protester the cost, exclusive of profit, of filing and pursuing the protest, including reasonable attorney, consultant, and expert witness fees, and in some instances bid and proposal preparation costs. Where a post-award protest is sustained as the result of an awardee’s intentional or negligent misstatement, misrepresentation, or miscertification, the awardee may be required to reimburse the Government’s costs. In addition to any other remedy available, the Government may collect this debt by offsetting the amount against any payment due the awardee under any contract between the awardee and the Government. For more information, see FAR 33.102.

4.3.2 Protests to the Agency Top of Page

FAR 33.103(d)(4) allows interested parties to request an independent review of their protest. In the solicitation, state how and who will conduct the independent review. Generally, the solicitation will identify the PCO as the independent reviewer and that the review will be performed after the CO’s review.

Coordinate all protests received before award, even those that appear to be groundless, with the PCO and Department of Commerce (DOC), Office of General Council, (OGC) Contract Law Division (CLD). The DOC OGC CLD attorney will work with the cognizant Contract Specialist/CO and COR and offer advice as to the appropriate action. Before responding to the protester, obtain the concurrence of the PCO and DOC OGC CLD. In accordance with FAR 33.103(f)(1), the cognizant HCO unless the HCO is the CO, in which case the SBPO can make this determination, is authorized to make the determination to award a contract, in spite of the protest, after obtaining the concurrence of the PCO and DOC OGC CLD.

Protests must be filed no later than 10 calendar days after the basis of the protest is known or should have been known, whichever is earlier. The Contracting Officer may consider any protests not filed in a timely manner if the protest reveals significant issues with the awarded contract or NOAA’s acquisition system.

4.3.3 Protests to Government Accountability Officer (GAO) Top of Page

Protests to the GAO must be filed no later than 10 calendar days after the award of the contract or five days after a debriefing date offered to the protester for any debriefing required by FAR 15.505 or FAR 15.506, whichever is later.

Procedures for GAO protests can be found at FAR 33.104, and GAO's Bid Protest Regulations, 4 CFR 21. See also Bid Protests at GAO: A Descriptive Guide.

Internal procedures are as follows:

The Protect Coordinating Officer (PCO) will notify the Director, Acquisition and Grants Office (AGO), when a protest has been filed with GAO. The PCO will also provide the case Number (B-number), the name of the protester, the solicitation number, the date and time the protest was received from the protester, the agency report due date, and GAO decision date to Department of Commerce(DOC) Office of General Council (OGC) Contract Law Division (CLD) and the cognizant Contract Specialist (CS)/ Contracting Officer(CO). The PCO will ensure that DOC OGC CLD and the cognizant CS/CO have a copy of all documents.
The CO shall make the necessary notifications reference in FAR 33.104(a)(2). The CO shall provide copies of the comments of interested parties responding to the notification to the PCO and to DOC OGC CLD.
Process protests filed with GAO, through the PCO. These protests require coordination with the PCO, the DOC, OGC CLD and the cognizant CO.
The cognizant Contract Specialist, with the assistance of the COR, must assemble the protest file.
The cognizant CS must obtain PCO and DOC OGC CLD guidance in determining which documents to release or withhold from the protestor.
Working with the DOC OGC CLD attorney, the cognizant CS prepares the statement in accordance with FAR 33.104(a)(iv)(B), for inclusion in Agency Report (AR) to GAO. DOC OGC CLD will prepare the completed AR and submit it to GAO not later than 30 calendar days (20 days under the express Option) after notification that a protest has been filed.
Send out other copies of the AR as specified in FAR 33.104(a)(4)(i). DOC OGC CLD will provide the additional documentation covered in FAR 33.104(a)(4)(ii) (A) and (B).
The protester has 10 calendar days to respond to the AAR with its comments, except where GAO has established an extension or has established a shorter period.

The GAO will normally issue its decision within 100 calendar days of the initial filing (65 calendar days if the express Option is used).

4.3.4 Requests and the Process to Override a Stay of Award to GAO

Top of Page

NOAA must stay award when notified of a protest within 10 days after the date of contract award or within 5 days after the debriefing date for any debriefing that is required by FAR 15.505 and FAR 15.506, whichever is later.

The NOAA may override a stay in appropriate circumstances when it can show a requisite level of harm resulting from a delay of contract award or performance.

· Overriding Stay of Award (protest filed before award):

o A stay of award may only be overridden by urgent and compelling circumstances that significantly affect interests of the United States. These circumstances may include delays, work stoppages, or performance degradations that severely impact mission-critical operations (e.g., potential loss of life). All requests shall include facts that establish the urgent and compelling circumstances that significantly affect the interests of the United States. The request shall explain why the incumbent’s contract cannot be extended.

· Procedural Requirements for Stay Override:

o A request to override a stay of award must be approved by the Head of the Contracting Activity.

o The request and approval must be documented in a written Determination and Finding (D&F) that is staffed through the Department of Commerce(DOC) Office of General Council (OGC) Contract Law Division (CLD) concurrently.

o The request to lift the stay shall be forwarded to DOC OCG CLD and the HCA within five business days of the protest notification.

· The request to lift the stay required by FAR 33.104(b) or (c) shall include the information listed below:

o A description of the goods or services requested and the type of contract.

o A concise summary of the protest and the NOAA position on the merits

o If applicable, the required award date and rationale.

o A statement of the impact on the NOAA if award or performance is delayed 30, 60, or 90 days. Include how the circumstances significantly affect the interests of the United States and the reasons why performance cannot wait for GAO protest resolution.

o A description of alternative methods for obtaining the required supplies or services (e.g., (bridge) options, purchase orders), including a detailed explanation of why such alternatives are not feasible.

o An estimate of termination costs if the protest is sustained and the contract terminated 30, 60, or 90 days after award.

o The contact information of NOAA personnel who knows the impact of delay in contract award or performance.

· The HCA shall make a decision with respect to authorizing award or continued performance within ten business days of receiving the request for lifting a stay. If circumstances change after suspension of contract performance, the Contracting Officer may initiate a request to continue performance.

· If the Contracting Officer receives HCA authorization to over-ride a pre-award stay but later receives a post-award protest from either the same protester or a new protester, FAR 33.104 requires that the Contracting Officer prepare a new Determination & Finding (D&F) overriding the post-award stay. A pre-award D&F cannot be used to support a post-award determination.

For more information, see also CAR PART 1333 - PROTESTS, DISPUTES, AND APPEALS

4.3.5 Protests to the United States Court of Federal Claims Top of Page

If the contractor has appealed to the U. S. Court of Federal Claims, the U.S. Department of Justice will represent the Agency. However, coordination of all actions through Department of Commerce (DOC) Office of General Council, (OGC) Contract Law Division (CLD) must continue.

4.3.6 Award in Spite of Protest Top of Page

To make an award in spite of a protest, the cognizant Contract Specialist (CS) shall prepare a finding using the criteria in FAR 33.104(b)(1). Forward it for Protest Control Officer (PCO) concurrence, along with a written request for Head of the Contracting Activity (HCA) approval to make the award. Furnish a copy concurrently to Department of Commerce (DOC) Office of General Council (OGC) Contract Law Division (CLD). If the HCA approves the request to make an award, DOC OGC CLD will notify GAO of the findings. With input and review by DOC OGC CLD, the cognizant CS prepares the report required by FAR 33.104(g) for the HCA’s signature. Forward the report to Government Accountability

4.4 Award Methods

Top of Page

Contracting Officers are delegated authority (in writing) to sign contracts/agreements on behalf of the Federal Government. Government employees should never sign Vendor agreements. Only Standard forms and methods of payment should be used.

4.4.1 Simplified Acquisition Procedures Top of Page

The contract is awarded upon completion of final evaluations and approval of the streamlined Business Clearance Memorandum (BCM) for actions exceeding the SAT (see SAP Pre/Post-Negotiation BCM Template and SAP Post-Negotiation BCM Template) or Simplified Acquisition Documentation Record for actions less than $100,000. When the Contracting Officer is prepared to make an award to the responsible, responsive Contractor whose quote has been determined to provide a best value solution to the Government, he/she will notify the successful Offeror by furnishing an order. Based on the procurement/contract type, the award should occur via one of the following forms:

SF 1449 Solicitation/Contract/Order for Commercial Items
OF 347 Order for Supplies or Services

The Contracting Officer shall make purchases in the simplified manner that is most suitable, efficient, and economical based on the circumstances of each acquisition.

Establishing a Contract/Order. It is important to understand that a quotation cannot be accepted by the Government to form a binding contract; rather, a contract is established when the supplier accepts the Government’s offer to buy certain supplies or services upon specified terms and conditions. Responses to requests for quotations are quotations, not offers; therefore, issuance by the Government of an order in response to a supplier’s quotation does not establish a contract. The order is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer.

Per FAR 13.004, the Contracting Officer may ask the supplier to indicate acceptance of an order by notification to the Government, preferably in writing, as appropriate. In other circumstances, the supplier may indicate acceptance by furnishing the supplies or services ordered or by proceeding with the work to the point where substantial performance has occurred. If the Government issues an order resulting from a quotation, the Government may (by written notice to the supplier, at any time before acceptance occurs) withdraw, amend, or cancel its offer. (See FAR 13.302-4 for procedures on termination or cancellation of purchase orders.)

For commercial items under FAR 12, the Contracting Officer may choose to incorporate both the quotation and a special order of precedence clause via an addendum to the contract. In those situations, the special clause takes precedence over the standard order of precedence in FAR 52.212-4(s).

Any of the methods provided in FAR 13 are acceptable for use in the award of a simplified acquisition. Contracting Officers should use the method most suitable, efficient, and economical for individual procurements.

Vendors may request signature of their own industry agreements – Do Not Sign Vendor Agreements. Congress provides methods and tools for obligating money on behalf of the U.S. Government, and the Contracting Officer must use only the Government’s procurement methods, required forms (e.g., Standard Forms (SF), and tools (e.g., regulations, guidance) to establish contracts. Contact Counsel for clarification, if needed.

4.4.1.1 Government-Wide Commercial Purchase Card a.k.a. “BankCard” Top of Page

The Bankcard shall be used to purchase all supplies and services at or below the micro-purchase threshold ($3,000 for supplies, $2,500 for services, or $2,000 for construction). Use of the BankCard is mandatory for Simplified Acquisition Procedures (SAP) purchases that do not exceed the micro-purchase threshold because it reduces costly administrative functions associated with Purchase Order (PO)s, BPAs, and other simplified acquisitions methods. Some of the benefits of Bankcard use are reduced paperwork, prompt receipt of items, reduced number of invoices, and improved management information. Refer to the NOAA Bankcard site for more information.

4.4.1.2 Purchase Orders (POs) Top of Page

A PO is awarded as a result of a quotation; it is an offer by the Government to buy certain supplies and services per the specific terms and conditions contained in the order. A PO becomes a binding contract upon acceptance by the Vendor, either by substantial performance or evidence of intent to perform, or by written acceptance of the order (see FAR 13.004).

When the Contracting Officer determines that a binding contract between the parties before the Contractor undertakes performance is required, the Contracting Officer shall require written acceptance of the PO. When written acceptance is requested and obtained, the PO becomes a bilateral document (signed and approved by both parties). POs may be issued up to the SAT (up to $250,000 to support a contingency operation, or up to $5.5 million when utilizing FAR 13.5). A PO may never be issued in excess of a Contracting Officer’s specific delegation of authority.

There are two types of POs:

Unilateral POs: The most common type issued. The Contracting Officer signs a PO and sends it to the Vendor for acceptance. The Government’s offer is accepted when the Vendor delivers, performs, or exhibits an intention to perform.
Bilateral POs: Signed by both the Contracting Officer and the Vendor. The Government’s offer is accepted when the Vendor signs the PO, creating a legally binding contract requiring the Vendor to perform per the terms and conditions of the contract. The advantage of a bilateral PO is that it provides legal rights to the Government in the event the Vendor fails to perform.

Bilateral POs are mandatory in the following situations:

The PO contains a Government Furnished Property (GFP) clause.
The PO is for mortuary services.
The PO is for classified acquisitions when the purchase is made within the U.S., its possessions, and Puerto Rico
When issuing an Indefinite Delivery PO (IDPO).
The PO includes an Option provision.
The Contracting Officer makes the decision to use a PO based on the Government’s best interest.

Issuing Purchase Orders. POs may be issued on the SF 1449, Solicitation/Contract/Order for Commercial Items, (required for commercial awards over SAT) or the OF 347, Order for Supplies or Services. See FAR 13.307 for more information.

Issuing Purchase Orders with Options. When Options exist, the PO shall specify limits on the purchase of additional supplies or services or the overall duration of the term of the order including any extension. Orders shall state the period of Option exercise, which should provide adequate lead-time to the Contractor, ensuring continuous production. Unless otherwise approved, the total of the basic and Option periods shall not exceed five years for supplies and services. If mentioned in the Solicitation, POs may express Options for increased quantities of supplies or services and/or may express extensions of the term of the contract. Note: The Option exercise period may extend beyond contract completion for service contracts. This is necessary for situations when exercise of the Option would result in the obligation of funds that are no longer available in the fiscal year in which the contract would otherwise be completed.

Issuing Bilateral POs. The Contracting Officer may or may not choose to award using the same SF 1449 that was issued as a written Solicitation. If the Contracting Officer uses the same SF 1449 that was previously signed by both parties as a Solicitation, he/she must make all applicable changes to terms and conditions, designate the action as an “award,” and send the form back to the Contractor for signature. When oral Solicitations were issued for commercial items per FAR 12 or FAR 13 or when a Combined Synopsis/Solicitation was used, award may be made on SF 1449.

Terms and Conditions. Where market research has determined that the requirement is not a commercial item, the Contracting Officer should include those terms and conditions found in FAR 13.302. Where market research has determined that the requirement is a commercial item, the Contracting Officer should include those terms and conditions found in FAR 12. Unless otherwise directed, clauses appropriate to the PO should be incorporated by reference. Clauses that are required for all other than commercial POs may be found in FAR 13.302-5. The following clauses may be used in POs, as applicable:

· FAR 52.211-17 – Delivery of Excess Quantities. This clause may be incorporated by reference and should be used in all POs for supplies. (POs for commercial items may be modified to include this clause.) This clause provides that if the Contractor delivers a quantity of supplies in excess of that specified in the order (unless within allowable variation, if any) the Government will keep such excess supplies up to $250 in value without repaying the Contractor. The clause states that quantities in excess of $250 will, at the option of the Government, be returned to the Contractor at the expense of the Contractor or retained and paid for by the Government at the contract price.

· FAR 52.211-5 – Material Requirements. This clause applies when the Solicitation/order for supplies requires the use of new material and for any services that may involve the incidental furnishing of parts.

· FAR 52.213-2 – Invoices. This clause is required to be included in POs that authorize advance payments for subscriptions or other charges for newspapers, magazines, periodicals or other publications (i.e., any publication printed, microfilmed, photocopied, or magnetically or otherwise recorded for auditory or visual usage).

Additional clauses specific to POs may be used, such as Government Furnished Property (GFP) clauses. GFP is anything owned by the Government and furnished to a Contractor for repair, consumption, modification, or study. When GFP is furnished to the Contractor, the buyer must determine if a Government Property Clause is required, and if so, what Government Property Clause to use. When a Government Property Clause is used, the eventual order must be issued as a bilateral PO.

When the cost of GFP to be repaired does not exceed the SAT, POs for property repair need not include a Government Property Clause. Government Property Clauses may be used whenever the Contracting Officer considers them appropriate. Refer to FAR 45.107 for applicable Government Property Clauses.

FAR 52.232-23, Assignment of Claims must be included in POs for other than commercial items where it is anticipated that a Contractor will assign payments to a bank, trust company or other financial institution. A contract must be in existence at the time an assignment is executed. If the Contracting Officer receives a notice of an Assignment of Claim under a Unilateral PO (where the PO is $1,000 or more and delivery has not been made), the Contracting Officer should return the notice of assignment to the financing institution with a letter stating that assignment cannot be made if the payments remaining are for less than $1,000. If remaining payments are for $1,000 or more, the Contracting Officer should modify the Unilateral PO and include the Assignment of Claims clause, advising the Contractor that if it executes and returns the amendment to the original order (the SF 30), a valid assignment may be executed. A copy of the signed modification will be sent to the paying office. (Note: For suspected violations of the Assignment of Claims Act, the Contracting Officer shall report to the appropriate Office of General Counsel supporting the Contracting Office.)

Oral Orders followed by Confirming Orders. An oral order followed by a confirming order is a written PO issued to confirm an oral order that was placed by or on behalf of the Contracting Officer. Generally, these are issued by individuals who do not have contracting authority to award a requirement and require Contracting Officer approval prior to providing the Contractor with a PO number. Oral orders followed by confirming orders may only be used when all of the following conditions are met:

This type of order is acceptable to the supplier.
The Contracting Officer approves use of the oral order prior to placement.
The order does not require written acceptance by the supplier.
The order is for standard, readily-available commercial services.
The purchasing activity retains all administrative functions.

All oral orders must provide the following information:

PO number.
Item being procured, quantity, and price.
Date and place of delivery.
Free on Board (FOB) terms.
Discount terms.
Shipping address.
Names of Customer and authorizing Contracting Officer.
A statement that the oral order is subject to all terms and conditions of the subsequent written order.

Confirming orders placed subsequent to oral orders should be prepared as any other PO and be marked “CONFIRMING VERBAL ORDER ON XX/XX/XX – DO NOT DUPLICATE.” The confirming order must be distributed within 10 days of oral order placement or prior to delivery, whichever is earlier.

4.4.1.3 Unpriced Purchase Order (UPO) Top of Page

An Unpriced Purchase Order (UPO) is one for supplies or services for which a firm price cannot be established at the time the order is placed. Use of UPOs is discretionary on the part of the Contracting Officer; he/she should exercise care and judgment in selection of Contractors to receive UPOs. Prior to utilization of a UPO, the Contracting Officer should determine the impracticability of soliciting firm prices and reliability of any information supporting the price reasonableness determination of the monetary Not-to-Exceed (NTE) limitation established for the UPO.

A UPO may only be used when the Contracting Officer has determined that one of the following conditions apply:

The UPO will not exceed the SAT.
It is impractical to obtain pricing in advance.
An unpriced item is available from only one source and the cost cannot be readily established.
Prices are known to be competitive but exact prices are unknown (e.g., miscellaneous repair parts, maintenance agreements).
Requirement is for repairs requiring disassembly to determine the nature and extent of repairs.

UPOs are most commonly used for repairs. In some cases, it may be necessary to issue a PO for a Vendor to tear down and inspect equipment before a quote can be given for repair (commonly referred to as “teardown and quote”).

It is imperative that a realistic monetary limitation or NTE dollar amount be established at order issuance by the Contracting Officer through correspondence with the Customer and Contractor. The NTE may be placed on the total UPO or for each unpriced line item where the order holds both priced and unpriced line items. The NTE shall not be exceeded by the Contractor and shall be subject to adjustment (downward unless Contracting Officer determines otherwise) when the firm price is established. In order to determine a realistic monetary limitation, the Contracting Officer should ascertain as much information as possible from the Customer and Contractor on possible costs that will be included in the final price. The contract file should be documented with the basis for the established NTE price.

Clause requirements. FAR 52-213-3, Notice to Supplier (APR 1984), must be included in all UPOs. This clause notifies the Contractor that a firm order exists only if the price does not exceed the maximum line item or total price in the Schedule. It advises the Contractor that if performance cannot be accomplished per the order, to withhold performance and notify the Contracting Officer immediately. Therefore, the Contractor cannot exceed the established NTE price in a UPO without first notifying and obtaining approval from the issuing Contracting Officer.

Modification. If the Contractor advises that performance per the specifications of the order is impossible (e.g., it will cost more money to complete repairs), the Contracting Officer has the option of canceling the order or modifying it to increase the price. If the UPO is canceled, the Government may be responsible for costs incurred prior to the date of order cancellation. If the UPO is modified, the Contracting Officer must determine that any additional cost above the initially estimated NTE amount is fair and reasonable; he/she must and document the determination in the contract file, based on information provided by both the Contractor and the Requiring Activity. When modifying the order, the Contracting Officer should attempt to negotiate a firm fixed price and incorporate the fixed price in the modification. UPOs need not be modified to establish a fixed price that is less than the original NTE price of the order.

Alternative to UPOs. An alternative method to using UPOs is issuing one firm fixed PO for tear down, which should include that the Contractor provide a firm fixed quotation for final repair. The Contracting Officer can then issue a firm fixed priced PO for the repair based on the Contractor’s quotation.

UPOs typically do not fit the requirements for commercial item procedures. UPOs will generally be issued on the OF 347 and must contain FAR 52.213-3, Notice to Supplier.

Monitoring of UPOs. All activities issuing UPOs should develop a process to monitor these orders. This process should include procedures to ensure timely pricing of orders and that prices paid are fair and reasonable. Procedures that will assist activities in this area include:

· Follow-up/Record of Status. The Contracting Officer should follow up on each UPO to ensure timely pricing. To accomplish this, a suitable local record of UPOs should be maintained to identify any outstanding UPOs not processed for payment. The record should show the order number and date, name of the Contractor, the estimated NTE amount, and date follow-up was performed, as appropriate. A log or other type of filing method that would include issued copies of UPOs are acceptable methods of maintaining these records.

· Review of Billing Prices. The Contracting Officer should review billing prices semiannually to provide assurance that billed prices represent the fair value of the items purchased.

4.4.1.4 Blanket Purchase Agreements (BPAs) and BPA Calls Top of Page

Blanket Purchase Agreements (BPAs) are individual charge accounts to cover recurring requirements in the same general category. The terms and conditions of any transactions are established by the BPA and calls are placed against the BPA by individuals authorized by the Contracting Officer. BPAs are typically used when a unit has a repetitive need for supplies or services that cannot be predicted in advance. BPAs eliminate the need to issue individual POs when recurring requirements of the same general category are known. Payment is not made for every purchase; rather invoicing occurs regularly (at least monthly).

The BPA is administratively efficient because a) oral (not written) calls are placed, and b) invoices are paid regularly rather than for each transaction.

Single vs. Multiple BPAs

Single BPA. Generally a single BPA should be established when the Contracting Officer can define tasks to be ordered under the BPA and establish a firm fixed price or ceiling price for individual tasks or services to be ordered. When this occurs, authorized users may place the order directly under the established BPA when the need for services arises.
Multiple BPAs. When the Contracting Officer determines multiple BPAs are necessary to meet requirements, he/she should determine which Contractors meet any technical qualifications before establishing the BPAs.

Establishing BPAs. A warranted Contracting Officer establishes the BPA. Prior to doing so, the Contracting Officer should discuss terms of the agreement with the Contractor, including invoicing procedures, required terms and conditions, and special requirements. To the maximum extent practicable, BPAs for items of the same type should be established at the same time (with more than one supplier), in order to meet competitive requirements. In the instance of a single-source BPA, the Contracting Officer must document reasons why the BPA was issued to only one source. Single-source BPAs are still subject to other SAP requirements (e.g., small business consideration and fair and reasonable price determination). Further, single-source BPAs must be regularly reviewed to verify the reason for only one source and document efforts to obtain competition. BPAs for commercial items may be prepared and issued on the SF 1449, Solicitation/Contract/Order for Commercial Items or on the OF 347, Order for Supplies or Services.

Terms and Conditions. Each BPA should include the following terms and conditions, per FAR 13.303-2:

Description of the agreement.
Obligation of the Government.
Pricing – statement that the prices will be low or lower than those charged to the Contractor’s most favored Customer.
Purchasing limitation – calls will not exceed the SAT (or $5.5 million using procedures under FAR 13.5).
Authorized callers.
Delivery tickets.
Place of delivery or shipment.
Method of invoicing and billing period (at least once monthly).
Use of fast pay procedures.
Use of unpriced calls.
Provisions and Clauses.

The BPA is not generally issued with any accounting data. There is no obligation on the Government to order against the BPA and likewise no obligation on the Vendor to accept any calls. Until the work is agreed upon by the Vendor against the BPA, a contract does not exist. Contracting Officers should establish BPAs that require the GCPC as a method of payment for BPA calls to the maximum extent practicable.

The BPA should include the requirement that all shipments be accompanied by a delivery ticket, containing the following:

· Name of supplier.

· BPA number.

· Date of call.

· Call number.

· Itemized list of supplies or services.

· Quantity, price, extended price.

· Date of delivery/shipment.

Authorized Callers. Authorized individuals within the contracting office that established the BPA can place BPA calls. In addition, the Contracting Officer who issued the BPA may authorize other activities that have been granted appropriate authority to place calls under his/her BPA. All activities authorized to place calls under the BPA(s) of another command must submit to the issuing contracting office a list of individuals who have been appointed to make calls (including the dollar limitation per person/call). This may include a list of GCPC Cardholders authorized to place calls or use their cards as a method of payment for otherwise properly issued calls. A list of authorized callers should be maintained by both the issuing Contracting Officer and the activity placing the calls.

Placing BPA Calls. When placing a BPA call, the Contracting Officer should identify him/herself to the supplier and provide the following information:

· BPA number and call number.

· Items ordered.

· Unit price, total price, established by the BPA, if applicable.

· Point of contact.

· Time and place of delivery.

BPA call records shall be maintained to include the following:

· BPA number.

· Call number.

· Date of call.

· Items or services ordered.

· Date of required delivery.

· Accounting and appropriations data.

· Quantity.

· Unit, extended and total price.

· Signature of person making the call (waived if approved automated system is used).

See Sample BPA Call Record Sheet.

BPA Invoices / Payments. The Vendor must submit an invoice on an at-least-monthly basis. The Contracting Officer must obtain agreement from the Vendor on the method of invoicing to be used and the Vendor’s invoicing (billing) period before establishing a BPA. The three methods of invoicing are:

Summary: Lists individual ticket numbers, each call number placed under the BPA, amounts, and total amount due. If used, must contain delivery tickets covered and their dollar value, and delivery tickets or sales slips supported with signature indicating the materials have been received.
Itemized: Items are listed by applicable delivery ticket and number.
Individual: An invoice is submitted for each delivery

The Contracting Officer (or designated representative) must submit a copy of each sales slip or delivery ticket with the monthly call sheet to the Comptroller for obligation and receipt purposes when hard copies are used. When using electronic generated forms, electronic call sheets without delivery or sales slips can be submitted.

BPA Reviews. The Contracting Officer who entered into the BPA is required to review each BPA annually and update as necessary. At that time, the Contracting Officer should consider changes in market conditions, which may have an effect on the BPA (e.g., pricing and new suppliers of the class of items). If necessary, the Contracting Officer should establish additional BPAs for similar commodities and ensure reissued BPAs are adequately updated (see also FAR 13.303-6).

The review should ensure that:

· Calls are rotated among qualified suppliers.

· Authorized callers have not exceeded their call authority.

· BPA call logs are properly maintained.

· Invoices are properly supported and submitted on time for payment.

· Requirements are not “split” in order to permit purchasing within caller's authority.

The Contracting Officer shall maintain evidence of these reviews.

4.4.1.5 Indefinite Delivery Contracts (IDC) and Delivery/Task Orders Top of Page

Indefinite Delivery Contracts (IDCs) allow for the acquisition of supplies and/or services when the exact times and/or exact quantities of future deliveries are not known at the time of contract award. IDCs are also known as Delivery Order or Task Order contracts. Examples of IDC contracts include Indefinite-Delivery/Indefinite-Quantity (IDIQ), Indefinite-Delivery/Definite-Quantity, and Requirements contracts. IDC contracts may be single or Multiple Award Contracts (MACs). Delivery/Task Orders may be Fixed Price (FP), Cost Reimbursement (CR), Time-and-Materials (T&M), labor-hour, or some combination of these arrangements as stated in the contract. (See APG Planning Module Section 1.6.)

The work statement included in a Contract details the programs and projects under which supplies or services may be provided/performed, but the specifics of the supplies or services frequently require further amplification by means of issuance of DOs and TOs. FAR 2.101 defines a DO as an “order for supplies placed against an established contract or with Government sources.” A TO is essentially the same as a DO, but for services as opposed to supplies.

DO/TOs under IDCs may be issued on the SF 1449, Solicitation/Contract/Order for Commercial Items or on the OF 347, Order for Supplies or Services. As all the basic terms and conditions are included in the basic contract, it is usually only necessary to include the following as required by FAR 16.505:

Date of Order.
Contract and Order Number.
Contract Line Item Number (CLIN) and description, quantity, unit price (supplies) or estimated cost/fee (services).
Delivery schedule/Period of performance (must be within the contract period).
Place of delivery or performance.
Packaging and Shipping Instructions, if applicable.
Accounting and appropriation data.
Method of payment and payment office (if not included in the contract).
Orders for services should be expressed in terms of performance based requirements (see FAR 37.602).

As indicated by FAR 32.703-3, a TO for severable services may have a period of performance that crosses fiscal years if the period of performance does not exceed one year. The method of payment for orders under IDCs should be established in the basic contract.

An order log should be maintained for each IDC in which orders are being placed. At a minimum, the log should include the Delivery Order number, requisition/purchase request number, the dollar amount of the order, and a running total of funds obligated under the IDC.

The Contracting Officer shall document in the contract file the rationale for placement and price of each order, including the basis for award and the rationale for any tradeoffs among cost or price and non-cost considerations in making the award decision.

4.4.2 Larger Contracts Top of Page

4.4.2.1 Incorporating Proposals by Reference Top of Page

It is at the Contracting Officer’s discretion whether to incorporate a proposal by reference or to revise the Specification/Performance Work Statement (PWS) that appeared in the Request for Proposal (RFP) to reflect those specific parts of the Contractor’s proposal being accepted (in which case the Contracting Officer must then send the contract to the Contractor for review and signature).

If incorporating the proposal by reference, the Contracting Officer should include an order of precedence clause similar to the following:

The Contractor’s [technical and/or cost] proposal dated dd/mm/yyyy is hereby incorporated by reference. In the event of inconsistencies between the provisions of the contract and the proposal, the inconsistency shall be resolved by the following order of precedence: (1) the contract excluding the proposal then (2) the [technical and/or cost] proposal.

If incorporating the proposal by reference for commercial items, the order of precedence is stated in FAR 52.212-4(s). Any inconsistencies in this Solicitation or contract shall be resolved by giving precedence in the following order:

· The schedule of supplies/services.

· The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

· The clause at FAR 52.212-5.

· Addenda to this Solicitation or contract, including any license agreements for computer software.

· Solicitation provisions if this is a Solicitation.

· Other paragraphs of this clause.

· The Standard Form 1449.

· Other documents, exhibits, and attachments.

· The Specification.

For commercial items under FAR 12, the Contracting Officer may choose to incorporate both the proposal and a special order of precedence clause via an addendum to the contract. In this situation, the special clause takes precedence over the standard order of precedence in FAR 52.212-4(s).

For more specific information on awarding a contract, see FAR 15.504.

4.5 Award Forms

Top of Page

This section is designed as a guide to filling out common award related documents; only items of special interest are explained. Users are strongly encouraged to check any stated references for the most recent guidance, forms, and instruction. In addition, Contracting Officers must use the C.Buy System to prepare and award contracts, modifications, and orders. Use of C.Buy is critical to ensure consistency, tracking, and timely recordation of all financial transactions. Once a contract action is appropriately approved within C.Buy system, the contract document must be signed by the identified and duly authorized parties. The Contracting Officer must also ensure that the individual signing on behalf of the Contractor is authorized to do so. Bilateral actions, those requiring both the Contractor and Government signatures require the Contracting Officer to sign after signature by the Contractor.

Note: If the award document includes information that is different from the latest signed proposal, as amended by the Offeror’s written correspondence, both the Offeror and the Contracting Officer must sign the contract award.

Procurement documents are issued using the Uniform Procurement Instrument Identification Number (PIIN) system and shall be numbered in accordance with NOAA Acquisition Handbook, Part 4.

4.5.1 SF 1449 Solicitation/Contract/Order for Commercial Item Top of Page

Per FAR 12.204, The Contracting Officer shall use the Standard Form 1449 if –

· The acquisition is expected to exceed the SAT;

· A paper Solicitation or contract is being issued; and

· Procedures at FAR 12.603 (Combined Synopsis/Solicitation) are not being used. Use of the SF 1449 is non-mandatory but encouraged for commercial acquisitions not exceeding the SAT.

The Solicitation: When completing this form for a Solicitation, the order number (Block 4) is not used. The Contracting Officer should complete all applicable blocks for a Solicitation and forward the form to all perspective bidders. Check Block 27a, and include the following clauses:

· FAR 52.212-1 Instructions to Offerors – Commercial Items, as tailored.

· FAR 52.212-2 Evaluation – Commercial Items. This clause must be included if the purchase is to be accomplished using best value practices. The Contracting Officer must inform all prospective bidders of the factors used in evaluating their quotes.

· FAR 52-212-3 Offeror Representations and Certifications – Commercial Items. This clause must be included in full text, with the appropriate clauses checked for inclusion. All Contracting Officers should refer to the FAR clause matrix and ensure that all applicable clauses are included for the procurement.

When the SF 1449 is returned from the Vendor, Blocks 12 and 30 should be completed. If these blocks are not completed, contact the Vendor for the required information.

If oral Solicitations are sought, the information in clauses FAR 52.212-1 and FAR 52.212-2 must be passed to the Vendor, and the information in clause FAR 52.212-3 must be gathered during the Solicitation (an Offeror shall complete only paragraph (j) of this provision if the Offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov/).

The Order: Upon receipt and evaluation of all quotes, the Contracting Officer issues the SF 1449 to the Vendor that offers the best value to the Government. When issuing the form as an order, the Contracting Officer must ensure the following:

· Page number –The correct number of pages must be stated in this block in order to be included in the order. If the order is typed as “page 1 of 1” then the order legally is only 1 page. Orders for commercial items will never be one page.

· Clauses – Check Block 27b, and include the clauses FAR 52.212-1 and FAR 52.212-2 to the Vendor, even if these are provided in the RFQ package. Remember, a quote is non-binding; therefore, the Contracting Officer must include all clauses in the order for them to be in effect.

· Block 10 – Enter unrestricted (open to any Vendor) or set-aside. If the order is between $3,000 and $100,000, then it is a small business set-aside. See FAR 19 for more information on set-asides and North American Industry Classification System (NAICS) codes.

4.5.2 OF 347 Order for Supplies or Services Top of Page

The OF 347 is used for purchases made using SAP, and may also be used for commercial item requirements that do not exceed the SAT (although the Standard Form 1449 is recommended).

The OF 347 serves as a—

· PO or BPA.

· DO or TO.

· Receiving and inspection report.

· Property voucher.

· Document for acceptance by the supplier.

· Public voucher, when used as—

o A DO;

o The basis for payment of an invoice against BPAs or Basic Ordering Agreements (BOAs) when an FFP has been established; or

o A PO for acquisitions using SAP.

4.6 Debriefings

Top of Page

A post-award debriefing is a meeting in which the Contracting Officer explains to an Offeror the basis for contract award. Post-award debriefings may be requested by successful and unsuccessful Offerors.

4.6.1 Requests for Debriefings Top of Page

The Government must receive an Offeror’s written request for debriefing within three days of the Offeror’s receipt of contract award notice. To the maximum extent practicable, the Government should conduct debriefings within five days after receipt of the written request. This is important because the 10-day protest clock does not begin until the day the Offeror is debriefed.

Whenever FAR 15 evaluation techniques are used and a competitive range is established, an Offeror must be notified if excluded from the competitive range. Such an Offeror who failed to submit a timely request for a pre-award debriefing is not entitled to a post-award debriefing; however, Offerors that requested a post-award debriefing in lieu of the pre-award debriefing, or whose debriefing was delayed beyond contract award for compelling reasons, also should be debriefed within five days after receipt of the written request.

An Offeror that was notified of their exclusion from the competitive range, but failed to submit a timely request for debriefing at that time, is not entitled to a debriefing; however, Offerors that requested a post-award debriefing in lieu of the pre-award debriefing or whose debriefing was delayed for compelling reasons beyond contract award, also should be debriefed within five days after receipt of the written request.

4.6.2 Preparing for the Debriefing Top of Page

The Contracting Officer is responsible for assembling the debriefing team and conducting the debriefing and the Project Officer is responsible for providing support to the Contracting Officer in performing the following duties:

Identify the Government debriefing team.
Identify a responsible party to take minutes of the debriefing for inclusion in the official summary of the debriefing.
Identify who will represent the unsuccessful Offeror in the debriefing.
Prepare debriefing material and obtain reviews by Counsel and other source selection members as appropriate.
Schedule the debriefings.
Conduct the debriefings.

The objective of the debriefing is to accomplish the following:

Explain the rationale for excluding the Offeror from competition (if applicable).
Instill confidence in the Offeror that they were treated fairly.
Assure the Offeror that proposals were evaluated in accordance with the Solicitation, as well as applicable laws and regulations.
Identify weaknesses in the Offeror’s proposal, so the Offeror can prepare better proposals in response to future Government acquisitions.
Reduce misunderstandings and protests.
Provide an explanation of the source selection decision.

4.6.3 Conducting the Debriefing Top of Page

At a minimum, each debriefing should include the following information:

Government’s evaluation of any significant weaknesses or deficiencies in the offer.
Overall evaluated cost or price and technical rating, if applicable, of the successful Offeror and the debriefed Offeror.
Past performance information on the debriefed Offeror.
Overall ranking of all Offerors, when any ranking was developed by the agency during the source selection.
Summary of the rationale for award.
For acquisitions of commercial items, the make and model of the item to be delivered by the successful Offeror.
Reasonable responses to relevant questions about whether source selection procedures contained in the Solicitation, applicable regulations, and other applicable authorities were followed.

The post-award debriefing must not include:

Point-by-point comparisons of the debriefed Offeror’s proposal with those of other Offerors.
Proprietary information exempt from release under the Freedom of Information Act (FOIA).
Any information prohibited from disclosure by FAR 24.202 or exempt from release under the FOIA (5 U.S.C. 552) including—

Trade secrets;
Privileged or confidential manufacturing processes and techniques;
Commercial and financial information that is privileged or confidential, including cost breakdowns, profit, indirect cost rates, and similar information; and
The names of individuals providing reference information about an Offeror’s past performance.

For more information, see FAR 15.506. See also the Debriefing Agenda Template – a tool that Contracting Officers can tailor for use in both pre- and post-award debriefings.

4.6.4 Documenting the Debriefing Top of Page

Official summaries of each debriefing shall be included in the contract file in accordance with FAR 15.506(f). Prepared by the Contracting Officer and signed by appropriate members of the source selection team (e.g., Counsel; Source Selection Evaluation Board (SSEB), Cost/Price Analysis Team (C/PAT), and/or Past Performance Evaluation Team (PPET) Chairs), each official summary includes the following:

List of attendees.
Summary of information disclosed during the debriefing.
Presentation materials as an attachment.
Questions and answers discussed during the debriefing.
Any relevant information provided subsequent to the debriefing.

4.6.5 Debriefings under Federal Supply Schedule (FSS) Top of Page

The statutory/regulatory requirements associated with competitive negotiated acquisitions in FAR 15 do not apply to orders placed against an FSS contract; however, if an unsuccessful offer requests information on an award that was based on factors other than price alone, a brief explanation of the basis for the award decision shall be provided. It may be in NOAA’s best interest to provide unsuccessful FSS Vendor information about the evaluation of the Vendor’s offer (e.g., to avoid a potential protest and/or provide the Vendor relevant information that may improve its competitive capabilities for future requirements). Note: the rule allowing protests to be filed within 10 days of a debriefing does not apply to FSS procurements, since FSS debriefings are not required by law.

While not required, the Contracting Officer may, at his/her sole discretion, elect to provide additional information to an unsuccessful FSS Vendor(s). When electing to do so, the Contracting Officer should consider the following:

The timing for conducting such interactions are at the convenience of the agency, but should be conducted after the award of an order.
Such post-award interactions may be conducted in whatever format is considered appropriate by the Contracting Officer (i.e., in writing, face-to-face, or via telephone).
The level of information conveyed is at the discretion of the Contracting Officer and should be limited to that necessary for the Vendor to understand why it wasn’t selected for the Order.
A best practice that has been successful on prior FSS acquisitions has been to communicate relevant information regarding the Government’s evaluation of an unsuccessful FSS Vendor’s offer, in writing, when providing notice to a Vendor that it was not the successful Offeror.

Information may include the following:

Name and address of the successful FSS Vendor.
Total award value for the Order.
The basis for award to the successful FSS Vendor (e.g., lowest priced-technically acceptable offer).
Although not required, if quotes are rated during the evaluation, include the unsuccessful Offeror’s rating.
A summary of the unsuccessful Vendor’s evaluated strengths and weaknesses. ‘

Information that is provided should relate only to the successful FSS Vendor and the unsuccessful FSS Vendor receiving the notice. That is, do not include technical ratings or evaluated prices for any other unsuccessful FSS Vendor(s). However, the relative ranking of the unsuccessful FSS Vendor’s evaluated technical rating and price (e.g., third highest technical score and highest evaluated price) may be identified at the Contracting Officer's discretion. Officer (GAO).

4.7 Payment and Performance Bonds

Top of Page

If in accordance with the Miller Act, Payment and Performance bonds are required, the contractor shall provide the bonds within the number of days required of the contract. The contractor shall not commence performance until notice to proceed is given by the Contracting Officer. The Contracting Officer should use the Bonds Checklist to certify the acceptability of the bonds. Bond Sureties shall be verified to be approved by the Department of the Treasury. See the Department of Treasury's Listing of Approved Sureties at http://fms.treas.gov/c570/c570.html

4.8 Assignment of Contract Administration

Top of Page

The Contracting Officer may delegate contract administration functions. It is rare at the NOAA that the Procuring Contracting Officer (PCO) is not also the Administrative Contracting Officer (ACO) and would not then perform both pre-award and post-award functions. A complete list of contract administration functions can be found at FAR 42.302. See also OFPP’s Guide to Best Practices for Contract Administration.

Additionally, the Contracting Officer may request assistance from the Small Business Specialist in reviewing, evaluating, and approving small business master subcontracting plans or evaluating subcontracting plans for commercial items.

4.9 Contracting Officer’s Representative (COR) Assignment

Top of Page

The Contracting Officer’s Representative (COR) is a title given to an individual who is authorized, in writing by the Contracting Officer, to perform prescribed administrative and/or technical functions as prescribed in CAM 1301.670, and remains in effect throughout the life of the contract unless sooner revoked by the Contracting Officer, automatically revoked upon separation of the COR from Government service, or COR reassignment. Contracting Officers may designate a COR to monitor Contractor performance and deliveries beyond what the Contracting Officer is able to provide. The COR provides technical direction/clarification and guidance with respect to the contract Specifications or Statements of Work (SOWs). The COR must be designated in writing, with a complete list of duties and limitations included in the Designation Letter. In the performance of COR duties, he/she does not have the authority to take any action, either directly or indirectly, that could affect price, quality, quantity, delivery, or other terms and conditions of the contract. Only the Contracting Officer has the authority to make such changes.

The Contracting Officer must consider the complexity and dollar value of the acquisition, the candidate’s technical knowledge, experience, training, judgment, character, and reputation when making their appointment as follows:

· The Contracting Officer’s Technical Representative (COTR) is appointed for all contracts over the Simplified Acquisition Threshold (SAT). The Contracting Officer may appoint a COTR for actions below the SAT when deemed appropriate

· The Assistant or Alternate Contracting Officer Technical Representative (ACOTR) is appointed to serve in the absence of the COTR and/or assisting the COTR in performing contract management duties.

· The Point of Contact/Order Contact (POC) is appointed for purchase orders below the SAT where the Contracting Officer determines a specific acquisition is of sufficient complexity or risk to appoint a P/OC.

· The Task Manager (TM) is appointed for tasks awarded against a master contract, supply schedule or other ordering vehicle and is responsible for functioning as the technical representative of the contracting Officer for tasks awarded against a master contract.

The Ordering Officers are individuals, either from within or outside of the contracting organization, appointed by the Contracting Officer with the authority to execute Task/Delivery Orders (TO/DOs) and to thereby obligate funds under an IDC. Contracting Officers must formally appoint individuals as Ordering Officers by appointment letter. It is recommended that Ordering Officers, at a minimum, take a contracting course prior to appointment that provides instruction on contracting skill sets (e.g., CON 237 Simplified Acquisition Procedures). Ordering Officers must become fully knowledgeable with ordering procedures delineated in the specific contract that the Ordering Officer is assigned to. The appointment letter must specify the extent and limitations of the Ordering Officer’s authority to act on behalf of the Contracting Officer. Ordering Officers may only issue orders against firm-fixed price contract line items on existing contracts, and do not have the authority to make modifications to the basic contract itself.

The Contracting Officer should stress to the CORs supervisor that they be notified immediately in writing if the appointed COR is transferred, reassigned, will be absent for an extended period, or is otherwise unable to fulfill the responsibilities of the position. Termination of a COR follows the same procedures as appointing a COR: it is accomplished by formal letter forwarded to the applicable parties in accordance with the procedures of CAM 1301.670, and receipt acknowledged. The COR Revocation Memorandum shall be retained in the contract file.

4.9.1 Training Top of Page

Prior to appointment of a COR, the Contracting Officer should take into consideration the ability, training, and experience of COR nominee and must assure that nominees are appropriately qualified to act as authorized representatives of the Contracting Officer. The Federal Acquisition Certification for Contracting Officer Technical Representatives (FAC-COTR) is a program issued pursuant to 41 U.S.C. 403 et seq, OFPP Policy Letter 05-01 (paragraph 9), and as further implemented by CAM 1301.670, that establishes key COR skills, competencies and training requirements for civilian agencies. CORs must have a minimum of 40 hours of training and must maintain their skills currency through continuous learning. Training can be obtained through the Defense Acquisition University (DAU), commercially-available sources, colleges or universities, or agency-specific courses. Twenty-two of the required 40 hours of training must cover the essential COR competencies.

A suggested training curriculum provided by the Federal Acquisition Institute (FAI) includes the following courses:

CLC106 – COR with a Mission Focus (8 CLPs)

CLM024 – Contracting Overview (8 CLPs)

CLC004 – Market Research (3 CLPs)

CLC007 – Contract Source Selection (1 CLP)

CLM003 – Ethics Training for Acquisition Technology and Logistics (2 CLPs) or similar.

Both the title and course number are provided for reference. Individuals who have completed FAI’s 24-hour “COR Mentor” course have satisfied this requirement. The remaining 18 hours of the required 40 hours of training should include agency-specific courses*, electives, and/or those identified by the Contracting Officer, as necessary, for managing a particular contract.

For more information see OFPP Policy Letter 05-01, OMB Memorandum dated November 27, 2007. All mandatory training as well as continuous learning is required before a FAC-COTR Certificate will be issued.

4.9.2 Acquisition Career Management Information System (ACMIS) Top of Page

Section 37(d) of the OFPP Act, as amended (41 U.S.C. 433(d)) requires each executive agency to collect, maintain and utilize information to ensure effective management of the acquisition workforce. The Federal Acquisition Institute maintains a Government-wide Acquisition Career Management Information System (ACMIS) that is used to track COR training and certification information.

Program officials are responsible for establishing policies for maintaining complete training, certification, and continuous learning records for members of their Contracting Officer Representative workforce and ensuring information is entered in ACMIS. CORs must enter information into ACMIS to reflect training, certification, and continuous learning points and are responsible for updating ACMIS information as necessary.

4.9.3 Certification Application Process Top of Page

Program officials shall nominate competent candidates for COR certification. Nominees must initiate and prepare their applications for FAC-COTR certification and submit the application package to their supervisor for endorsement. Nominees are responsible for producing certificates, transcripts, and records that provide evidence that they satisfy the requirements of the program.

Application packages for certification shall include:

Completed FAC-COTR application form;
Documentation of training (i.e., certificates or transcript); and
FAC Certification issued by another Federal Agency (if applicable).

The nominee’s supervisor shall assess the skills and competencies of the applicant and develop a plan for enhancing or adding to the nominee’s competencies, if appropriate. The supervisor shall forward the package to the Head of Contracting Office for endorsement. The HCO must forward the package to the Senior Bureau Procurement Official for approval. Once the SBPO approves the application, the package shall be forwarded to:

U. S. Department of Commerce
Office of Acquisition Management

Acquisition Career Manager

1401 Constitution Avenue, NW

HCHB Room 1854

Washington, DC 20230

The Acquisition Career Manager (Director of Commerce Acquisition Workforce and Policy Development Division) will review each application to determine whether the individual satisfies the requirements for the requested certification and forward the package, along with their recommendation, to the Senior Procurement Executive. The Senior Procurement Executive has final authority for certifying a nominee.

4.9.4 Nomination Top of Page

Program officials are responsible for nominating CORs candidates for each acquisition who are technically competent in the field related to the specific acquisition and who have received FAC-COTR certification at the appropriate level to support the contract action. Program officials shall consider the amount of time the nominee is able to dedicate to performing delegated contract management duties. In order to involve the COR in the advance acquisition planning process, formal nomination shall be made early in the acquisition process, or at the latest when the purchase requisition is generated. See sample nomination letter (Nomination Letter PM to CO). A copy of the nomination letter shall be provided to the Contracting Officer when the nomination is made early in the process or shall ensure a copy of the nomination letter accompanies the purchase requisition.

4.9.5 Appointment Top of Page

A COR appointment is required for every contract action where the Contracting Officer delegates contract management responsibilities to a COR. The Contracting Officer shall consider the complexity and dollar value of the acquisition, the candidate’s technical knowledge, experience, training, judgment, character, and reputation when appointing a COR.

The COR candidate shall meet certification requirements, as evidenced by a FAC-COTR. Before making an appointment the Contracting Officer shall consider the amount of time the candidate is able to dedicate to performing delegated contract management duties. The Contracting Officer may deem a COR candidate ineligible for a particular appointment if the candidate is unable to perform the delegated contract management duties successfully, given other demands on their time. For all Level 3 CORs, the Contracting Officer shall also ensure that contract management is included in the COR’s performance plan prior to appointment.

Once the Contracting Officer is satisfied that the nominee is FAC-COTR certified and can dedicate the time necessary for successful contract performance, the Contracting Officer shall initiate an Appointment Memorandum using the sample COTR Appointment, ACOTR Appointment, and P/OC Appointment Memorandums. Such appointments will define the scope and limitations of the CORs authority as well as the extent and method of contract monitoring appropriate to the particular contract involved. CORs are responsible to the Contracting Officer for those actions delegated by the Contracting Officer as specifically addressed in the Appointment Memorandum. In the performance of COR duties, the COR does not have the authority to take any action, either directly or indirectly, expressed or implied, that could change the price/cost or fee, quantity, quality, scope, delivery schedule, labor mix, or other terms and conditions of the contract and/or task order. Only the Contracting Officer has the authority to make such changes. Any authority delegated to a COR is not redelegable.

The COR shall acknowledge receipt and acceptance of the COR Appointment Memorandum by countersigning the Appointment Memorandum. The Appointment Memorandum along with the COR acknowledgment shall be retained in the contract file.

If any changes to the scope and limitation of the CORs authority occur during the life of the contract, the Contracting Officer must either issue a new Appointment Memorandum or simply amend the existing one. If one COR is to act for the Contracting Officer on more than one contract and the scope and limitations of authority are the same for all contracts, then one appointment may be issued which references each contract under the appointment.

COs shall remind prospective CORs of their obligation to disclose any direct or indirect financial interest that would conflict with the CORs public duties, in accordance with Department Administrative Order (DAO) 202-735a Employee Responsibilities and Conduct-Amendment 1, which cover employee responsibilities and conduct for U.S. Department of Commerce personnel.

Unless the appointment contains other provisions for automatic termination, the appointment must be effective, unless sooner revoked, until the COR is reassigned or the individual’s employment is terminated. In accordance with the guidelines contained within CAM 1301.670, the Contracting Officer may revoke a COR appointment. Such revocation must be made in writing (see Sample COR Revocation Memorandum).

4.10 Alternate and Assistant Contracting Officer’s Representative (COR) Assignment

Top of Page

An Alternate and Assistant COR (ACOR) may also be assigned to a contract. An ACOR may be designated to perform the COR functions when the COR is unavailable to perform those duties (e.g., long-term medical leave, vacation, etc.) or in instances where contract performance is occurring simultaneously in multiple physical locations or in support of high dollar, complex procurements. The ACOR can be appointed at the time of contract award as well, or may be appointed at a later date. The ACOR Appointment (see sample) as well as the contract, must expressly state that the alternate COTR shall act only in the absence of the primary COR. The nomination and appointment criteria, process, and training requirements are identical for Primary, Alternate and Assistant CORs.

The Contracting Officer should clearly state the contact information of the Contracting Officer’s Technical Representative in the contract, along with his or her responsibilities, authority, and limitations which is easily accomplished by incorporating CAR 1352.201-71 “Contracting Officer’s Technical Representative (COTR)” clause and providing the contractor with a copy of the COTR Appointment Memorandum. As noted above, as applicable, an ACOTR can be appointed at the time of contract award or may be appointed at a later date. Once appointed, the contract must be modified to include the ACOTR contact information, duties, responsibilities and limitations. The duties and responsibilities of the ACOTR are set forth in the Appointment Memorandum.

The following table highlights the requisites for COR eligibility, delegation, and responsibilities:

COR Eligibility, Delegation, and Responsibilities
Requisites for COR Eligibility	Be a Government employee unless otherwise authorized in agency regulations.
Requisites for COR Eligibility	Possess a FAC-COTR Certificate
“DOs” for COR Delegation	Do obtain written appointment, with copies furnished to the Contractor.
	Do include the following in the Appointment Memorandum: The extent of the CORs authority to act on behalf of the Contracting Officer as well as the method of contract monitoring appropriate to the particular contractual effort. Limitations on the CORs authority. Period covered by the appointment. A statement that the authority is not redelegable. A statement that the COR may be personally liable for unauthorized acts/commitments.
	Do complete acknowledgment/acceptance portion of the COR Appointment Memorandum, and sign and return the original to the Contracting Officer.
“DO NOTs” for COR Delegation
“DO NOTs” for COR Delegation	Do Not delegate authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract.*
COR Responsibilities & Duties**	Maintain currency of training through attendance at mandatory refresher training sessions at least once every three years.
	Maintain a file for each contract assigned that includes, at a minimum, the following: A copy of the COR Appointment Memorandum. Documentation of actions taken in accordance with their delegation of authority. Quality Assurance Surveillance Plan (QASP) and records of its implementation, use, and results.
	Provide surveillance and oversight to include the following: Services performed. Overall administration of the contract. Receipt and acceptance of contract deliverables. Verifying the accuracy of contract invoices. Monitoring contract expenditures.

* Specific to COR limitations, a COR SHALL NOT: make any agreement with the Contractor requiring the obligation of public funds (sign contracts, delivery/task orders, purchase orders, or modify a contract or order, or in any way obligate payment of funds by the Government); encourage the Contractor by words, actions, or a failure to act to undertake new work or an extension of existing work beyond the contract period; interfere with the Contractor's performance by "supervising" Contractor employees or otherwise directing their work efforts; authorize a Contractor to obtain property for use under a contract; allow government property accountable under one contract to be used in the performance of another contract; issue instructions to the Contractor to start or stop work; order or accept goods or services not expressly required by the contract; discuss acquisition plans or provide any advance information that might give one Contractor an advantage over another Contractor in forthcoming procurements, and re-delegate COR authority or responsibilities.

** For further details on COR responsibilities & duties, see COTR Appointment Memorandum.

4.11 Distribution

Top of Page

The Contracting Officer obligates the Government via his or her signature on the contract document. The award information flows from the Commerce STandard Acquisition Reporting System (CSTARS) by way of the C.Buy Module, electronically to the buying activity’s financial system of record.

If C.Buy is not used, the Contracting Officer should ensure that the contract award is distributed to the Accounting/Finance Office for timely recording in the financial system of record.

The Contracting Officer is responsible for distributing copies of contracts, contract modifications, or orders within 10 working days of contract/agreement award (see FAR 4.2) to the following:

Contracting Officer (retains original)
Contractor
Paying Office
Project Officer
Accounting/Finance Office whose funds are obligated if different from Project Officer
Administrative Contracting Officer (ACO) if different from PCO
DCAA Auditors, as applicable
Security Office, as applicable
Contracting Officer’s Representative (COR)
Others as dictated by local requirements.

Contracting Officers shall use the C.Buy System to prepare and award contracts, modifications, and orders. From a financial perspective, use of C.Buy is critical to ensure adequate accounting of obligated funds through contracts/agreements. The Contracting Officer obligates the Government via his or her signature on the contract document.

4.11.1 Individual Contracting Action Report – Federal Procurement Data System (FPDS-NG) Top of Page

In accordance with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. No. 109-282), all Federal award data must be publicly accessible.

Contracting Officers are required to report all contracting actions obligating or deoblitating funds, in excess of the micro purchase threshold, in the FPDS (web based reporting system) within three business days of executing an action* as outlined in FAR 4.6 and CAM 1304.6.

* In an emergency acquisition environment or while overseas, reporting electronically may not always be possible. Therefore, actions that require reporting shall be accomplished upon arrival to an area in which internet connectivity is available; this may be upon redeployment, movement to sustainment phase, or return to routine operations. Upon contract award, the EA KO should prepare and complete an Express CAR in FPDS-NG. Express CARs allow for the use of generic DUNS when working with Miscellaneous Foreign Contractors.

See https://www.fpds.gov/fpdsng_cms/index.php/training for more information regarding training opportunities, FAQs and user manuals.

Contracting Officers must file a copy of the “contract action report” in the contract file.

Reporting contract actions is required. Procurement reports are submitted to the Federal Procurement Data System – Next Generation (FPDS-NG), which generates a Contract Action Report (CAR). See the FPDS-NG User Manual for details on how to use the system.

FPDS-NG is a centralized web-based system that is primarily used for machine-to-machine communication of contractual data but can be used manually for such situations where regular Internet access is not available (essentially contingency operations). When making an award, the Contract Specialist prepares the awarding contract in C.Buy which directly links to FPDS-NG where the specialist can then create and save the CAR. The Contracting Officer can approve the CAR from within C.Buy or FPDS-NG directly. The CAR ultimately resides in FPDS and all that is saved in C.Buy is a link to the report.

Besides the benefit of eliminating redundant systems, FPDS-NG is important to the DOC because it provides a basic audit trail for contract reporting, spend analysis, strategic sourcing, Congressional reporting, financial accountability, and detailed self-service data analysis. FPDS-NG also provides important socio-economic information about how the Government is performing with regard to allocating contracting opportunities to small and disadvantaged businesses. This system acts in a real-time environment, which enables agencies, lawmakers, and the general public visibility into unclassified procurement activity within the Federal Government.

FPDS-NG collects and stores data related to all contract actions, interfaces with the CCR to obtain primary source of vendor validation, interfaces with C.Buy to allow for near real time updates, and allows for Government and public users to run an array of standard, semi-configurable online reports as well as more advanced ad hoc queries.

As explained in FAR 4.602, reporting of this contract information provides the following:

· A basis for recurring and special reports to the President, the Congress, the Government Accountability Office, Federal executive agencies, and the general public.

· A means of measuring and assessing the impact of Federal contracting on the Nation’s economy and the extent to which Small Business, Veteran-Owned Small Business, SDVOSB, HUBZone Small Business, Small Disadvantaged Business, and Women-Owned Small Business Concerns are sharing in Federal contracts.

· Information for other policy and management control purposes, and for public access.

Contract actions that obligate or deobligate amounts exceeding the threshold ($3,000) and modifications to those transactions regardless of dollar value (i.e., including actions resulting in $0.00) must be reported in FPDS, unless an exception applies. (Further guidance can be found in FAR 4.602(c) )

“Contracting Action” as any action related to the purchasing, renting, or leasing of supplies, services, or construction, including, but not limited to, the following:

Definitive contracts, including notices of award.
Letter contracts.
Purchase orders.
Purchases made using the Government-wide Commercial Purchase Card a.k.a BankCard.
Actions for purchase of land or rental or lease of real property.
Orders under existing contracts or agreements, e.g.—

o Orders against basic ordering agreements, including service orders issued on DD Form 1164, Service Order for Personal Property, by installation transportation offices;

o Calls against Blanket Purchase Agreements (BPAs);

o Job orders;

o Task Orders (TOs);

o Delivery Order (DOs);

o Communication services authorizations; and

o Notices of termination or cancellation.

Contract modifications, e.g.—

o Change orders;

o Supplemental agreements;

o Funding actions; and

o Option exercises.

Contract actions do not include grants, cooperative agreements, or training authorizations.

Zero Dollar Values and IDIQ Basic Awards in FPDS-NG: Contract actions resulting in $0.00 are also required to be reported in FPDS-NG. The first delivery/task orders on IDIQs are to be placed concurrently with the basic contract award and reported accordingly.

Visit the FPDS website at https://www.fpds.gov for more information.

4.12 Summary of Award Module References

Top of Page

Section	Loc	Reference Description	Type	Source
4.1	1	NOAA Acquisition Handbook, Part 5, Exhibit1	Policy	NOAA
4.1	2	Office of Legislative and Intergovernmental Affairs (OLIA)	Website	DOC
4.2.1	1	FAR 15	Regulation	FAR
4.2.1	2	Pre-Award Notice of Exclusion Template	Template	NOAA
4.2.1	3	FAR 15.503	Regulation	FAR
4.2.2	1	FAR 15.503(a)(2)	Regulation	FAR
4.2.2	2	Small Business Challenge Letter Template )	Template	NOAA
4.2.2	3	FAR 19.11	Regulation	FAR
4.2.2	4	FAR 19.1202	Regulation	FAR
4.2.2	5	FAR 15.503(a)(2)(iii)	Regulation	FAR
4.2.2	6	FAR 19.805-2	Regulation	FAR
4.2.2	7	FAR 19.302(d)(1)	Regulation	FAR
4.2.3	1	Commerce Acquisition Manual Chapter 1305.303	Policy	DOC
4.2.3	2	American Recovery and Reinvestment Act (ARRA)	Statute	Federal
4.2.3	3	Acquisition Alert AA10-01 dated 4/28/2010	Policy	NOAA
4.2.3.1	1	Office of Legislative and Intergovernmental Affairs	Website	DOC
4.2.3.2	1	Planned Contract Awards (NOAA Acquisition Alert 10-01, Attachment 1)	Policy	NOAA
4.2.3.4	1	24-Hour Advance Notice (NOAA Acquisition Alert 10-01, Attachment 2)	Policy	NOAA
4.2.3.4	2	ARRA	Statute	Federal
4.2.3.5	1	FAR 3.104	Regulation	FAR
4.3	1	Government Accountability Office (GAO),	Website	GAO
4.3	2	U.S. Court of Federal Claims (COFC).	Website	COFC
4.3	3	NOAA Acquisition Handbook, Part 33	Policy	NOAA
4.3	4	Office of General Council, (OGC) Contract Law Division (CLD)	Website	DOC
4.3	5	FAR 33.103(d)(4).	Regulation	FAR
4.3	6	http://www.ogc.doc.gov/ogc/contracts/cld/cldstaff.html	Website	DOC
4.3	7	DAO 208-05	Policy	DOC
4.3	8	PM 2010-04	Policy	DOC
4.3	9	PM 2010-10	Policy	DOC
4.3	10	PM 2011-05	Policy	DOC
4.3	11	Acquisition Alert 05 - Revised Legal Review Thresholds	Policy	NOAA
4.3.1	1	FAR 33.201	Regulation	FAR
4.3.1	2	FAR 33.102	Regulation	FAR
4.3.2	1	FAR 33.103(d)(4)	Regulation	FAR
4.3.2	2	Office of General Council, (OGC) Contract Law Division (CLD)	Website	DOC
4.3.2	3	FAR 33.103(f)(1)	Regulation	FAR
4.3.3	1	FAR 15.505	Regulation	FAR
4.3.3	2	FAR 15.506,	Regulation	FAR
4.3.3	3	FAR 33.104	Regulation	FAR
4.3.3	4	GAO's Bid Protest	Guidance	Federal
4.3.3	5	4 CFR 21	Statute	Federal
4.3.3	6	Bid Protests at GAO: A Descriptive Guide.	Guidance	Federal
4.3.3	7	FAR 33.104(a)(2)	Regulation	FAR
4.3.3	8	FAR 33.104(a)(iv)(B)	Regulation	FAR
4.3.3	9	FAR 33.104(a)(4)(i).	Regulation	FAR
4.3.3	10	FAR 33.104(a)(4)(ii) (A) and (B)	Regulation	FAR
4.3.4	1	FAR 15.505	Regulation	FAR
4.3.4	2	FAR 15.506,	Regulation	FAR
4.3.4	3	FAR 33.104(b) or (c)	Regulation	FAR
4.3.4	4	FAR 33.104	Regulation	FAR
4.3.4	5	CAR PART 1333 - PROTESTS, DISPUTES, AND APPEALS	Regulation	DOC
4.3.5	6	Office of General Council, (OGC) Contract Law Division (CLD)	Website	Federal
4.3.6	1	FAR 33.104(b)(1).	Regulation	FAR
4.3.6	2	FAR 33.104(g)	Regulation	FAR
4.4.1	1	SAP Pre/Post-Negotiation BCM Template	Template	NOAA
4.4.1	2	SAP Post-Negotiation BCM Template	Template	NOAA
4.4.1	3	Simplified Acquisition Documentation Record	Template	NOAA
4.4.1	4	SF 1449	Form	GSA
4.4.1	5	OF 347	Form	GSA
4.4.1	6	FAR 13.004	Regulation	FAR
4.4.1	7	FAR 13.302-4	Regulation	FAR
4.4.1	8	FAR 12	Regulation	FAR
4.4.1	9	FAR 52.212-4(s)	Regulation	FAR
4.4.1	10	FAR 13	Regulation	FAR
4.4.1.1	1	NOAA Bankcard	Guidance	NOAA
4.4.1.2	1	FAR 13.004	Regulation	FAR
4.4.1.2	2	FAR 13.5	Regulation	FAR
4.4.1.2	3	FAR 13.307	Regulation	FAR
4.4.1.2	4	FAR 12	Regulation	FAR
4.4.1.2	5	FAR 13	Regulation	FAR
4.4.1.2	6	FAR 13.302	Regulation	FAR
4.4.1.2	7	FAR 12	Regulation	FAR
4.4.1.2	8	FAR 13.302-5	Regulation	FAR
4.4.1.2	9	FAR 52.211-17	Regulation	FAR
4.4.1.2	10	FAR 52.211-5	Regulation	FAR
4.4.1.2	11	FAR 52.213-2	Regulation	FAR
4.4.1.2	12	FAR 45.107	Regulation	FAR
4.4.1.2	13	FAR 52.232-23,	Regulation	FAR
4.4.1.3	1	FAR 52-213-3	Regulation	FAR
4.4.1.3	2	FAR 52.213-3	Regulation	FAR
4.4.1.4	1	FAR 13.303-2:	Regulation	FAR
4.4.1.4	2	FAR 13.5	Regulation	FAR
4.4.1.4	3	Sample BPA Call Record Sheet	Sample	NOAA
4.4.1.4	4	FAR 13.303-6	Regulation	FAR
4.4.1.5	1	APG Planning Module Section 1.6	Internal	APG
4.4.1.5	2	FAR 2.101	Regulation	FAR
4.4.1.5	3	FAR 16.505	Regulation	FAR
4.4.1.5	4	FAR 37.602	Regulation	FAR
4.4.1.5	5	FAR 32.703-3	Regulation	FAR
4.4.2.1	1	FAR 52.212-4(s)	Regulation	FAR
4.4.2.1	2	FAR 52.212-5	Regulation	FAR
4.4.2.1	3	Standard Form 1449.	Form	Federal
4.4.2.1	4	FAR 12	Regulation	FAR
4.4.2.1	5	FAR 52.212-4(s)	Regulation	FAR
4.4.2.1	6	FAR 15.504	Regulation	FAR
4.5	1	C.Buy System	Website	DOC
4.5	2	NOAA Acquisition Handbook, Part 4.	Policy	NOAA
4.5.1	1	FAR 12.204	Regulation	FAR
4.5.1	2	Standard Form 1449	Form	GSA
4.5.1	3	FAR 12.603	Regulation	FAR
4.5.1	4	FAR 52.212-1	Regulation	FAR
4.5.1	5	FAR 52.212-2	Regulation	FAR
4.5.1	6	FAR 52-212-3	Regulation	FAR
4.5.1	7	FAR 52.212-1	Regulation	FAR
4.5.1	8	FAR 52.212-2	Regulation	FAR
4.5.1	9	FAR 52.212-3	Regulation	FAR
4.5.1	10	http://orca.bpn.gov/	Website	BPN
4.5.1	11	FAR 52.212-1	Regulation	FAR
4.5.1	12	FAR 52.212-2	Regulation	FAR
4.5.1	13	FAR 19	Regulation	FAR
4.5.2	1	OF 347	Form	GSA
4.5.2	2	Standard Form 1449	Form	GSA
4.6.1	1	FAR 15	Regulation	FAR
4.6.3	1	FAR 24.202	Regulation	FAR
4.6.3	2	5 U.S.C. 552	Statute	Federal
4.6.3	3	FAR 15.506	Regulation	FAR
4.6.3	4	Debriefing Agenda Template	Template	NOAA
4.6.4	1	FAR 15.506(f)	Regulation	FAR
4.6.5	1	FAR 15	Regulation	FAR
4.7	1	Bonds Checklist	Checklist	NOAA
4.7	2	Department of Treasury's Listing of Approved Sureties at http://fms.treas.gov/c570/c570.html	Website	Treasury
4.8	1	FAR 42.302	Regulation	FAR
4.8	2	OFPP’s Guide to Best Practices for Contract Administration.	Policy	OFPP
4.9	1	CAM 1301.670	Policy	DOC
4.9	2	CAM 1301.670,	Policy	DOC
4.9	3	COR Revocation Memorandum	Sample	NOAA
4.9.1	1	41 U.S.C. 403 et seq, OFPP Policy Letter 05-01 (paragraph 9)
4.9.1	2	CAM 1301.670,	Policy	DOC
4.9.1	3	Federal Acquisition Institute (FAI)	Training	Federal
4.9.1	4	OFPP Policy Letter 05-01	Policy	Federal
4.9.1	5	OMB Memorandum dated November 27, 2007.	Policy	Federal
4.9.2	1	41 U.S.C. 433(d)	Statute	Federal
4.9.2	2	Acquisition Career Management Information System (ACMIS)	Website	Federal
4.9.4	1	Nomination Letter PM to CO	Sample	NOAA
4.9.5	1	COTR Appointment,	Sample	NOAA
4.9.5	2	ACOTR Appointment,	Sample	NOAA
4.9.5	3	P/OC Appointment	Sample	NOAA
4.9.5	4	Department Administrative Order (DAO) 202-735a Employee Responsibilities and Conduct-Amendment 1	Policy	DOC
4.9.5	5	CAM 1301.670,	Policy	DOC
4.9.5	6	Sample COR Revocation Memorandum	Sample	NOAA
4.10	1	ACOR Appointment	Sample	NOAA
4.10	2	CAR 1352.201-71 “Contracting Officer’s Technical Representative (COTR)”	Sample	NOAA
4.10	3	COTR Appointment Memorandum	Sample	NOAA
4.11	1	C.Buy Module,	Website	DOC
4.11	2	FAR 4.2	Regulation	FAR
4.11	3	C.Buy	Website	DOC
4.11.1	1	Federal Funding Accountability and Transparency Act of 2006 (Pub. L. No. 109-282),	Statute	Federal
4.11.1	2	FPDS	Website	FPDS
4.11.1	3	FAR 4.6	Regulation	FAR
4.11.1	4	CAM 1304.6	Policy	DOC
4.11.1	5	https://www.fpds.gov/fpdsng_cms/index.php/training	Training	Federal
4.11.1	6	Federal Procurement Data System – Next Generation (FPDS-NG),	Website	FPDS
4.11.1	7	FPDS-NG Help Website	Guidance	Federal
4.11.1	8	FAR 4.602	Regulation	FAR
4.11.1	9	FAR 4.602(c)	Regulation	FAR
4.11.1	10	https://www.fpds.gov.	Website	FPDS

-End Module-