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General Contract Authority – CO’s
Authority to enter into, administer, and terminate contracts
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HCA
Head of Contracting Activity, has authority to approve certain actions/strategies/docs related to contracts
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What authorities are not delegable to HCA?
Waivers for cost or pricing data, authority to proceed with an award or performance when you have a GAO protest when it’s in the best interest of the gov or urgent
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Ratifiable Action
Action performed by an unauthorized official resulting in a contractor providing a service or supply
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Ratification
The act of approving an unauthorized commitment by an official authorized to do so
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Required for a Ratification to Occur
1. A Benefit was received by the govt 2. Funds are available now and were available at time of action 3. Price can be determined fair and reasonable 4. Approving official has the authority to enter into a k. 5. Legal Concurs it is legal 6. K action would have been otherwise proper if made by a co - Ratification approved by COCO<$30k and SCCO ?$30k
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Three Purposes of Clearance
- K actions effectively implement acquisition strategies (good business decisions).
- Business arrangement is fair and reasonable.
- Action consistent with laws, regs, policies.
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Characteristics of a Contract Line Item
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Two types of contract subline items
- Separately Identifiable – numbered with alpha characters
- Informational – numbered with numeric characters
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Exhibit
Allows for a short hand way to ID contract deliverables instead of breaking it into individual line items
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ACRN
Accounting Classification Reference Number – one per CLIN
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Contract Action Report (CAR)
Purpose: report details on various aspects of k action. Allows govt wide collection of data. Required if original k > $3k and for mods no matter what $ value
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Synopsis
Purpose?
How long stay out
- Encourage Competition
- 15 days (exception – natl security, classified, urgency, intrnatl agreement
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Post Award Synopsis
1. When Required?
2. Purpose
- 1. Over $25k
- 2. Encourage subcontracting competition
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Exceptions to full and open competition
- 1. Only one responsible Source
- 2. Unusual and compelling Urgency
- 3. Industrial Mobilization
- 4. International Agreement
- 5. Authorized or Required by Statutue
- 6. National Security
- 7. Public Interest
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Only One Responsible Source
Need to address why only one (qualification requirements, lack of data/data rights, excessive cost or time to duplicate when you have a follow on, brand name)
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Unusual and Compelling Urgency
Requirement is so urgent that the govt will suffer loss if we don’t restrict sources. Sources can be restricted and no synopsis issued
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J&A
Justification and Approval
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Key areas that must be addressed in a formal written Acquisition Plan
- 1. Statement of Need
- 2. Risks
- 3. Budget
- 4. Est Costs
- 5. Schedule
- 6. Competition
- 7. Contract TypeRequires input from both requirements and contracting orgs.
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Simplified Acquisition Threshold (SAT)
$150,000 (FAR 2.101)
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Micro-Purchase Threshold
$3,000 (FAR 2.101)
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FedBizOpps pre-award and post-award notices Threshold
$25,000 (FAR part 5)
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Commercial items test program ceiling Threshold
$6,500,000 (FAR 13.500)
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Certified Cost or Pricing data Threshold
$700,000(FAR 15.403-4)
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Prime contractor subcontracting plan floor Threshold
- $650,000
- (Construction threshold $1,500,000)FAR 19.702
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Acquisition PlanThresholds
- <5.5 m – 1 level above CO
- >5.5 <10 m – GrpCdr w/ COCO cosign
- >10<75 m – ABW w/SCCO cosign
- >75<100 m – CC/CV/CA w/ SCCO as cosign
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Operational Clearance Thresholds
- 500k<1m – Flight Chief
- >1 m<10 M – OC-ALC/PKO>10M – SCCO
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Legal Threshold
- (Operational) >500k –
- (Non OP) > 1M –all contracting actions except for ID/IQ Delivery Orders (If: No negation was necessary, Prices and other terms and conditions were established in Basic, and legal found basic legally sufficient)
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Justification and Approval (J&A)Thresholds
- <550k – CO
- 550k<11.5M – Competition Advocate
- 11.5M<78.5M –
- Head of Procuring Activity>78.5M – SAF/AQ
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Congressional NotificationThreshold
$5.5M
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Responsibility
Capability of contractor to perform. Use PPIRS, CPARS, ORCA, EPLS to determine (FAR 9.104-1)
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Clarifications
Exchanges prior to and in advance of Award without discussions. Limited in scope – no change to proposal, Clerical errors, address negative past performance
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Communications
Exchanges prior to but in advance of establishment of competitive range. Clerical errors, Negative Past Performance,
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Competitive Range
Determines those contractors whose proposals are most highly rated and w/ whom Gov’t will conduct negotiations/discussions
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Price Analysis
Vs.
Cost Analysis
- Price – evaluate proposed price w/o evaluating separate cost elements and profit to determine a fair/reason price
- Cost – evaluate the indiv cost elements and profit and apply judgment to determine a fair/reasonable price
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Preferred method of analysis, price or cost?
Price. FAR 15.404-1(a) should be performed even when cost analysis is performed
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PR Package must accurately define the requirement in terms of:
- (a) Function to be performed
- (b) Performance required
- (c) Essential physical characteristics
- (d) Enable and encourage offerors to supply commercial items
- FAR 11.002
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Uniform Procurement Instrument Identification NumbersDFARS 204.7
- 13 alpha numeric characters.
- Unchanged for life of instrument
- FA8101-10-D-0001
- First 6 ID department/agency and office issuing the instrument (DoDAAC), 7&8 fiscal year, 9 – indicates the type of instrument, 10 – 13 serial number of the instrument. Additional numbers at the end of the PII ID amendments, Modifications, Calls or Orders.
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Types of instruments indicated by a capital letter in position 9 of the Uniform Procurement Instrument ID number
- A – Blanket purchase agreement
- B – Invitation for Bids
- C – All types except indefinite delivery, sales, and k placed against contracts with other government departments
- D – Indefinite delivery
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Joint Ethics Regulations DoD 5500.7Each DoD employee shall:
Abide by ethical principles EO 12674, set a personal example for fellow employees, report suspected violations, perform all duties as to facilitate Federal Govt efficiency and economy, attend ethics trg as required, and file financial disclosure as required
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Determinations and Findings (D&F’s)
A special form of written approval by an authorized official that is required by statue or reg as a prerequisite to taking certain contract actions. A conclusion supported by statement of facts.
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D&F shall include:
Identification of Agency and K activity and ID doc as D&F, Nature/Description of action being approved, Citation of appropriate statute/reg, Findings, Determination, Expiration date, Signature
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COR
Must be designated in writing.No authority to make any commitments/changes that affect price, quality, quantity, delivery, or otr terms of k.
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Central Contractor Registration (CCR)
Contractor shall be registered prior to award. Verify prior to award, no need to verify before placing an order or call
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Set-Asides
- 1. Small Business
- 2. Section 8(a) Competition
- 3. HUBZone
- 4. Service-Disabled Veteran-Owned
- 5. Local Firms During a Major Disaster or Emergency
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How does authority flow to CO
- From Sec AF to
- Ass Dept Asst Sec of AF
- To AFMC/CC
- To AFMC/PK (Mr. Gill or Col Snyder)
- To SCCO (senior center contracting officer) Mr. Boyles or Mr. Gaston – deputy, who appoint CO’s
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How does authority flow to HCA
- Delegated to DAS(c) & associate deputy asst sec (contracting) Mr. Correll & Ms. Schwneke,
- All delegable authority delegated to HQ AFMC Director * , delegated to
- Deputy Dir of K – Mr. Gill or Col Snyder
- Redelegated to SCCO (OC-ALC/PK Mr. Boyles or Deputy Mr. Gaston
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Business Clearance and Contract Clearance in competitive and non-competitive situations
Competitive- Business Clearance to solicit, Contract Clearance – to issue
Non-Competitive -
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When shall a CO not obtain certified cost or pricing data15.403-1(b)
- BELOW SAT and 5 exceptions:
- 1. Prices based on adequate price competition
- 2. Prices set by law or regulation
- 3. Acquiring commercial item
- 4. Waiver was granted HCA
- 5. Modifying K for commercial items
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What actions require certified cost or pricing data when the threshold is exceeded?
- 1. Award of contract
- 2. Award of subcontract at any tier (if each higher tier was required to furnish data)
- 3. Modifications that exceed threshold (700k)
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Other than certified cost or pricing data
In acquisitions that do not require certified cost/pricing data, obtain data available from Gov and otr sources, infor from ktr if info not available, ensure data is current to permit negotiation of fair and reasonable
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Adequate Price competition
- 1. Two or more responsible offerors, competing independently, submit priced offers.
- 2. Reasonable expectation that offeror believed otr offers submitted offer.
- 3. Price analysis demonstrates proposed price is reasonable
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Which analysis should be used when certified cost or pricing data is obtained? Which analysis when other than certified cost or pricing data is obtained?
If certified data is obtained, cost analysis should evaluate cost realism and reasonableness. Price analysis shall be used when certified data is not required.
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ELEMENTS OF A CONTRACT
- OFFER
- ACCEPTANCE
- CONSIDERATION
- MUTUAL ASSENT
- LEGAL SUBJECT MATTER
- COMPETENT PARTIES
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SABER Acronym and definition
The Simplified Acquision of Base Engineering Requirements contract is a comprehensive general construction contract to support maintenance, repair and construction requirements.
- •No obligation to buy a specific quantity
- •Obligated to buy all requirements for a specified period from that contractor
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IDIQ acronym, definition, and which contracts apply
- Indefinate Delivery Indefinate Quantity.
- Obligated to buy a minimum quantity
- No obligation to buy any more from that contractor for the remaining period.
- Roofing, Protective Coatings,
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Multiple Award IDIQ Contracts
- Preferred Approach for IDIQ strategies unless:
- Only 1 capable source
- Better price will be obtained if only one contract awarded
- Cost of admin outweighs expected benefits
- Projected orders so intgrally related that only one source could reasonably perform
- Estimate value is less than SAT
- Multiple award is otherwise not in the best interest.
- MACC - Multiple Award Construction Contract - 6 Contractors
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BOSS TSS
- Base Operational Support Service contractor - TSS -
- Maintain and repair Tinker’s facilities and infrastructure, both built and natural, to ensure the delivery of war-winning expeditionary capabilities to the warfighter.
- Effectively run physical plant operations and deliver high quality services.
- Continue to modernize the installation so that essential facilities and services are available to carry out assigned missions on-time and within budget
- Continuously improve services and capabilities to meet our mission and achieve our vision
- Encourage on-base development patterns that minimize land use conflicts, consolidate like activities, and contribute to energy conservation and the efficient use of personnel and materials.
- Promote a visually pleasing Base through implementation of architectural compatibility and landscape development.
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TSS Description of Services
- Engineering Services Management
- ***Real Property, Planning, Programming
- Operations Management
- ***Work Request Management, Pest Services
- Maintenance Engineering
- ***Maintenance Master Plan
- Emergency Management and Response
- ***Planning, Training, Equipment Management
- Housing Management
- ***Off-Base Program, Furnishings, Appliance Maintenance
- Resource Management
- ***Info Mgt, CAP
- Required General Services
- ***Airfield Vehicle Operations, Environmental Management
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Synopsis
- Increase Competition
- Broaden Industry Participation
- Assist in subcontractor opportunities
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Delivery Orders Exempt from Synopsis
Because they are made under the terms of an existing contract that was previously synopsized IAW FAR 5.207
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DO exempt from post award synopsis
- Contract action is an order placed on Indefinite Delivery contract
- IAW FAR 5.301(b)(4)
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Wage Determination
FAR 22.406
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Wage Determination CO obligations
- Ensure contractor is informed of obligations
- conduct payroll reviews, onsite inspections to determin compliance
- prompt investigation and disposition of claims
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Changes Clause
- Written agreement of the parties
- 52.212-4
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FAR PART 2
DEFINITIONS OF WORDS AND TERMS
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FAR PART 5
PUBLICIZING CONTRACT ACTIONS
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FAR PART 6
COMPETITION REQUIREMENTS
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FAR PART 7
ACQUISITION PLANNING
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FAR PART 8
REQUIRED SOURCES OF SUPPLIES AND SERVICES
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FAR PART 10
MARKET RESEARCH
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FAR PART 12
ACQUISITION OF COMMERCIAL ITEMS
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FAR PART 13
SIMPLIFIED ACQUISITION PROCEDURES
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FAR PART 16
CONTRACT TYPES
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FAR PART 36
CONSTRUCTION A&E
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FAR PART 37
SERVICE CONTRACTING
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FAR PART 42
CONTRACT ADMINISTRATION
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