SUBCHAPTER B - ACQUISITION PLANNING Flashcards
Parts of Subchapter B - Acquisition Planning
5 - Publicizing Contract Actions 6 - Competition Requirements 7 - Acquisition Planning 8 - Required Sources of Supplies and Services 9 - Contractor Qualifications 10 - Market Research 11 - Describing Agency Needs 12 - Acquisition of Commercial Items
PART 5
PUBLICIZING CONTRACT ACTIONS
PART 6
COMPETITION REQUIREMENTS
PART 7
ACQUISITION PLANNING
PART 8
REQUIRED SOURCES OF SUPPLIES AND SERVICES
PART 9
CONTRACTOR QUALIFICATIONS
PART 10
MARKET RESEARCH
PART 11
DESCRIBING AGENCY NEEDS
PART 12
ACQUISITION OF COMMERCIAL ITEMS
Why publicize
- Increase competition
- Broaden industry participation in meeting government requirement
- Assist small business concerns in obtaining contracts and subcontracts
Publicizing requirement
- Requirements exceeding $25K
- For actions $15K-$25K - display in public place (newspaper, etc.)
Publicize in Government-wide point of entry - FidBizOpps www.fbo.gov
Part 6-competition requirements - applicability
Part applies to all acquisition except
- contracts awarded using the simplified acquisition procedures of Part 13
- Contracts awarded using contracting procedures (other than those addressed in this part ( that are expressly authorized by statute;
- Contract modifications, including the exercise of priced options that were evaluated as part of the initial competition, that are within the scope and under the terms of an existing contract
- Orders placed under requirements contracts or definite-quantity contracts
- Orders placed under indefinite-quantity contracts
- Orders placed against task order and delivery order contracts entered into pursuant to subpart 16.5
Full and open competition
- Sealed bids,
- Competitive proposals
- Combination of competitive procedures (two-step sealed bidding),
- Other competitive procedures (e.g. selection of sources for architect-engineer contracts)
Full and Open competition after exclusion of sources FAR 6.2
Agencies may exclude sources if the agency headed determines that to do so would increase or maintain competition and likely result in reduced overall costs; would be in the interest of national defense; would ensure the continuous availability of a reliable source of supplies or services; would satisfy projected needs based on a history of high demand; or satisfy a critical need for medical, safety, or emergency supplies.
Must be supported by D&F signed by head of the agency and not made on a class basis.
Additional exclusion of sources
Small Business set-asides - no D&F or separate justification required.
Exceptions to full and open competition
- Only one responsible source
- Unusual and compelling urgency
- Industrial mobilization
- International agreement
- Source authorized or required by statute
- National security and
- Public interest.
Justification for for exception to F&O competition
-contracts not exceeding $700,000 by the CO
exceed $700,000, but less than $13.5 million by the competition advocate
-contracts exceed $13.5 million but not exceeding $68 million ($93 million for DOD, NASA, and Coast Guard); by the head of procuring activity above GS-15
-contracts exceeding this amount by the senior procurement executive of the agency
Acquisition of commercial items
It is policy that the government acquire commercial or nondevelopmental items whenever they are available and to require prime contractors and subcontracts at all tiers to incorporate commercial and nondevelopmental products as components whenever possible.
FAR Part 12 - applicability
FAR Part 12 does not apply to the acquisition of commercial items at or below the micro-purchase threshold, or those acquired using the SF 44, the imprest fund, the governmentwide commercial purchase card, or directly from another federal agency.
Commercial Item purchases
Use part 12 with , parts 13, 14, 15 as appropriate for the type of acquisition.
Commercial Items and Part 12 Thresholds
For acquisitions of commercial items exceeding the SAT but not exceeding $7Million ($13 million for acquisitions are described in 13.500(e)), including options, contracting activities shall employ the simplified procedures authorized by subpart 13.5 to the maximum extent practical.
SF 1449, Solicitation/Contract/Order for Commercial Items
Use if the acquisition is expected to exceed the simplified acquisition threshold, a paper solicitation or contract is being issued, and streamlined solicitation procedures are not being used. The use of the SF 1449 is not mandatory, but encourage for commercial acquisition not exceeding the SAT.
Commercial Items and Technical information
Use existing product literature instead of technical proposals.
Commercial Items contract types
FFP or FFP/EPA
Commercial Items and inspection
Rely on a contractor’s existing quality assurance systems as a substitute for government inspection and testing unless other customary market practices exist.
Data and Commercial Items
CP shall assume the data was developed exclusively at private expense.
Cost Accounting Standards (CAS)
Do not apply to contracts and subcontracts for the acquisition of commercial items unless the contract provides for an economic price adjustment based on actual costs incurred. (FAR 12.214)
Tailoring
Do not tailor:
- Assignments
- Disputes
- Payment (except as provided in Subpart 32.11)
- Invoice
- Compliance with laws unique to gov’t and other compliances
- Unauthorized obligations
Unique Requirements regarding T’s & C’s for Commercial Items (FAR 12.4)
Acceptance
Termination
Warranties (Implied[operation of law] or express[written card in box])
Streamlined evaluation and solicitation of commercial items
When written solicitation will be issued, the CO may combine the GPE synopsis and the solicitation into a single document.
