far introduction quick reference · 2018-09-17 · title 48 of the cfr is the federal acquisition...
TRANSCRIPT
FAR Introduction Quick Reference
The United States Code (USC) represents the laws of the US
The Code of Federal Regulations (CFR) represents the policies and procedures of the US
The CFR reflects the implementation of the USC
The CFR and USC are organized in a similar way: Titles, Chapters, Parts, Subparts, Sections and Subsections.
Title 48 of the CFR is the Federal Acquisition Regulation System
The FAR is divided into Chapters: o Chapter 1 contains the federal contracting requirements which are more broadly
applicable to federal agencies o From Chapter 2 forward are agency‐specific supplements – one chapter for each
executive agency (for example, Dept. of Defense “2”, Dept. of Health and Human Services “3”, Dept. of Energy “9”)
Each FAR Chapter is divided into Parts: o Each Part addresses a specific contracting topic, such as Procurement, Audit, Conflicts of
Interest, Simplified Acquisition, etc. o Each Part is repeated across all Chapters. For example, Part 45 in Chapter 1 addresses
Property Management (52.245‐1), and Part 45 of Chapter 9 will address Property Management specific to the Dept. of Energy (952.245‐2)
o Definitions of words and terms to be used throughout the FARS are in Part 2 of each Chapter. For example, the definitions of words and terms used by the Dept. of Defense are extensive, and are located in 202.101.
Each Part in a FAR Chapter fits into one of these categories: o Prescriptions (Parts 1 through 51) ‐ give instructions on which particular clauses to use,
and when to use them. o Clauses (Part 52) ‐ contains the full text of all the clauses. Clauses should be included in
a federal contract based on specific variables. Examples of variables are: Purpose of the contract Nature of the contractor Financing method Dollar threshold
1
CONTRACTING PROCESS FLOW DIAGRAM
Pre-ProposalConference
QuestionsAccepted
Amendment for Clarification or
Correction
Receipt of Proposals
Solicitation Issued
Technical Cost Analysis
CO checks for
CompletenessSends out for
Analysis
Price / Cost Analysis
CO ReviewsComments
CO Determines Competitive Rating
and sendsNotice to Offerors
Non CompetitiveRange
CompetitiveRange
Debriefing
Revised Proposals
Evaluation of Revised Proposals
Source Selection Statement Written
Award
Debriefing
Continued
QuestionsAccepted
Past Performance Analysis
Discussion withAll OfferorsNo Discussion
Continued at Top
Page 1 of 5
CRA Study Notes:
General Procurement and the FAR.
Acquisition Life Cycle:
Determine Need; Determine Where to Buy it; Determine How to Buy it; Award the
Contract; Monitor the Contract Performance; and Close-out
Determine Need:
Products (Supplies and Equipment)
Service (R&D, Maintenance on Equipment, Janitorial, Printing)
Combination Product & Service
Other: Major systems acquisitions (Defense Airplanes, flight simulators)
Terminology: Statement of Work, CLIN, Specs,
Determine Where to Buy it:
Sole Source: Only one. Should be the exception, not the rule.
Competition: Use to the maximum extent practical.
Set Asides: Minority and small businesses: The purpose of small business set-
asides is to award certain acquisitions exclusively to small business concerns.
A “set-aside for small business” is the reserving of an acquisition exclusively
for participation by small business concerns. A small business set-aside may
be open to all small businesses. A small business set-aside of a single
acquisition or a class of acquisitions may be total or partial. Except as
authorized by law, a contract may not be awarded as a result of a small
business set-aside if the cost to the awarding agency exceeds the fair market
price. Reference FAR Part 19.5
Market Research
Auction
Determine How to Buy it:
Two types of acquisition methods:
1. Sealed Bidding: must be awarded on price, requirements clearly stated,
date & time for response strictly adhered to
2. Negotiation: may be awarded on factors other than price; requirements
may not be fully known
Sealed Bidding: Reference FAR Part 14
Page 2 of 5
Negotiation: Reference FAR Part 15
Relatively new concept is Reverse Auction
Unsolicited Proposals
Sealed Bidding may be done in a process of “ Two Steps” Two Step means that
there may be a Technical Proposal due and then if selected, Step Two is the Cost/Price
bid. Negotiation may be done in similar fashion called “Multi-Step Process”.
Terminology may see: RFQ, RFP, IFB, RFA, RFI, BAA
Contract Award
Two basic types of award: Fixed Price and Cost Reimbursement
(see handout for comparison) Reference FAR Part 16
Sealed Bidding must result in Fixed Price award.
“Selecting the contract type is generally a matter for negotiation and requires the exercise
of sound judgment. Negotiating the contract type and negotiating prices are closely
related and should be considered together. The objective is to negotiate a contract type
and price (or estimated cost and fee) that will result in reasonable contractor risk and
provide the contractor with the greatest incentive for efficient and economical
performance.”
Factors in Selecting Contract Types: FAR Part 16.104
Generally, to make an award, the Contracting Officer has to look at Source Selection,
Price/Cost Factors and Risk.
Other Award mechanisms: Indefinite Delivery Indefinite Quantity (IDIQ), Blanket
Orders (GWAC), Time and Materials, Labor-Hour or Letter Contracts (Notice to
Proceed)
Monitor the Contract Performance
Invoices (monthly or at fixed intervals called “milestones”)
Progress Reports (monthly, quarterly, etc. or at milestones)
“Show Cause” usually provides contractor an opportunity to explain
circumstances and a time frame to improve performance
“Cure Notice” Before the delivery date; but the Contracting Officer suspects
something’s going wrong. Minimum of 10 days given to fix the issue.
Page 3 of 5
Close Out
Reference FAR Part 4.804
Submit Property Accounting Form
Submit Patent Form
Submit Final Invoice
Submit Final Technical Reports
Any final audits to be completed.
Contract Formation
FAR, OMB Circulars, Executive Orders, Public Laws
FAR Matrix outlines which clauses are included by Award Type, Dollar Threshold and
Receiving Entity
Terminology: Micro Threshold (currently at $2,500); Simplified Acquisition Threshold
(currently $100,000); $550,000 (small business plan ) $650,000 for cost or pricing data
Higher Ed Non-Profits For-Profits State
Government
Cost Principles A-21 A-122 FAR (Part 31) A-87
Administrative
Requirements
A-110 A-110 FAR (Part 42) A-102
Audit
Requirements
A-133 A-133 FAR (Part 42) A-133
Fair and Reasonableness? Price Analysis or Cost Analysis (FAR 15.404)
Price Analysis: Usually established by competition, market rates, established catalog
pricing, commercial products, prices set by law or regulation
Cost Analysis: All the elements that go into the price of the proposal; labor, materials,
overhead, profit, fee, trends in the marketplace
Page 4 of 5
Contract Clauses of particular importance (also see handout)
Rights in Technical Data (reference FAR Part 27)
Reports
Copyrights
“Work for Hire”
Export Controls
Allowing foreign national restrictions
Sensitive but Unclassified
Requiring Licensing from ITAR and EAR
Publication Restrictions
Confidential Information
Written approval to Disclose
Property (Reference FAR Part 45)
Who owns after the award is finished? Typically the government wants to own it
if it paid for it. Title vests in the Government, unless otherwise approved/negotiated—
must ask for it. Under PHS grants, title is passed to the institution upon completion of
the project.
Termination (Reference FAR Part 49)
For “convenience” (called T4C) Government will want to be able to terminate
“for convenience” just because it decides the procurement is no longer in “its best
interest”.
“for default” (T4D) (a) Termination for default is generally the exercise of the
Government’s contractual right to completely or partially terminate a contract because of
the contractor’s actual or anticipated failure to perform its contractual obligations.
(b) If the contractor can establish, or it is otherwise determined that the contractor was
not in default or that the failure to perform is excusable; i.e., arose out of causes beyond
the control and without the fault or negligence of the contractor, the default clauses
provide that a termination for default will be considered to have been a termination for
the convenience of the Government, and the rights and obligations of the parties
governed accordingly.
References:
FAR: http://farsite.hill.af.mil/VFFAR1.HTM
OMB: http://www.whitehouse.gov/omb/circulars/
Defense Logistics Agency: http://www.dtc.dla.mil/dsbusiness/Course.htm
(reference for Contract Types, Acronyms, and other useful info)
http://www.dtc.dla.mil/dsbusiness/info/ConAdmin2.htm
Page 5 of 5
Wide Area WorkFlow (WAWF)
The Wide Area WorkFlow (WAWF) Prototype supports DoD efforts to reduce unmatched disbursements in the DoD receipt, acceptance, entitlement, and payment process through sharing data and electronic documents. The goal is to enable authorized Defense contractors and DoD personnel to access the documents required for a payment action in a "paperless" environment by creating a virtual contract payment folder. https://wawftraining.eb.mil/
Vendors can submit invoices and receiving reports electronically using existing Electronic Commerce methods. Additional choices are now available: Web interactive forms and straight push from vendor automated systems (FTP). These new choices do not result in significant cost or require changes to existing processes. Additionally, the vendor will receive system-generated e-mails advising them of action taken by the Government Inspection and Acceptance Officials. If a receiving report or invoice is rejected, the Vendor will have the capability to correct the data and resubmit—thus only the individual data elements need to be corrected as opposed to retyping the entire document. Finally, the vendor will be able to view previously submitted documents and determine the current status, review actions taken by Government officials (to include access to the name, e-mail and phone numbers), and as appropriate initiate follow-on actions.
What is DoD Wide Area WorkFlow—Receipt and Acceptance (WAWF–RA)?
DoD has several tools available to help improve the receipt, management, processing, storage, retrieval, and organization into folders of documents required in the bill paying process. WAWF–RA provides the baseline technology for Government vendors and authorized DoD personnel to generate, capture, and process receipt and payment-related documentation, via interactive Web-based applications.