1 understanding simplified acquisition procedures & combined synopsis/solicitation prepared by...
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1
Understanding Simplified Acquisition Procedures &
Combined Synopsis/Solicitation
Prepared by Ms. Marichu N. Relativo
Procurement Center Representative (PCR) - Alaska
Office of Government Contracting (GC) -- advocates on behalf of small business in the federal procurement world.
Office of Government Contracting
10/20/2010 www.sba.gov
Any business, regardless of size, has the potential to get a contract with the government Best chance are any vendors that sells a product or service & are:
Responsible Competitive Patient in dealing with the bureaucratic process Committed to use all resources needed to market to the Government Technologically proficient and adaptable to changes Communicate/understand the contracting language
Key to Success
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Small Business Programs & Goals
8(a)/Small Business Development (SDB) – 5% Certification requires SBA approval
HUBZone Small Business – 3% Certification requires SBA approval
Service-Disabled Small Business (SDVOSB) – 3% Self-certification in CCR
Small Women-Owned Small Business (SWOSB) – 5% Self-certification in CCR
Small Business (SB) – 23% Self-certification in CCR
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FAR Part 19, Public Laws, Code of Federal Regulations (13 CFR)
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http://www.acq.osd.mil/osbp/statistics/goals.htm10/20/2010 www.sba.gov
FY2009 Small Business Procurement Scorecard Report
510/20/2010 www.sba.gov
Purpose of Federal Government-Wide Goals
To help small and disadvantaged businesses Federal contracts is not a guarantee Level the playing field for small business Agencies must TRY to meet these goals Contracts are awarded on price, quality and
performance Contracts are not handouts or giveaways SBA Scorecards each agency – Report card
Agency report cards posted in the SBA website
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http://www.sba.gov/aboutsba/sbaprograms/goals/index.html
www.sba.gov
Acquisition Regulations
Federal Acquisition Regulation (FAR)Department of Defense (DFARS)
Department of the Army (AFARS)
U.S. Army Corps of Engineers (EFARS)
Department of the Air Force (AAFARS)
Department of the Interior (DIARS)National Park Service (NPS)
Bureau of Land Management (BLM)
Fish & Wildlife Services (FWS)
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Websites: www.arnet.gov/far or http://farsite.hill.af.mil/
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Parity among the following: 8(a) BD HUBZone SDVOSB WOSB – Preference status – effective February 5, 2011 Underrepresented NAICS codes set aside to WOSB/EDWOSB
General Rule: “Once 8(a) – Stays 8(a)” Per FAR 19.8/13CFR 124 Exception: New requirement or requirement increased by 25% Construction requirement – considered new requirement Same applies to the other Small Business Programs Geographic Restriction on set aside: None Exception: Alaska ANC/8(a) firms
Order of Preference
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Simplified Acquisition
Request For Quotation (RFQ)
Commercial Buy (Combined Synopsis/
Solicitation)
Sealed Bidding Acquisition
Invitation For Bid (IFB)
Negotiated Acquisition Request For
Proposal (RFP)
-Under $100K
-Informal
-Simplified (SAP)
-Supplies
-Services
-Construction
-FAR 13
-SF 18, 1449 or DD 2555
-Under $5.5M
-Informal
-Formal
-Supplies
-Services
-FAR 12
-FAR 14
-FAR 15
-SF 1449
- Above $100K
-Formal
-Seal Bid
-Price Only
-Supplies
-Services
-Construction
-FAR 14
-SF 33, 1442
-Above $100K
-Formal
-Negotiated
-Best Value
-Supplies
-Services
-Construction
-FAR 15
-SF 33, 1442
Acquisition Methods
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$150K $6.5M $150K $150K
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Simplified Acquisition Procurement (SAP)Under $100,000Supplies, Services, Construction procurementReserved for small business
Commercial AcquisitionUp to $5.5 MillionSupplies & services onlyCan be formal or informal acquisition
Simplified vs. Commercial Acquisition
www.sba.gov
$150K
$6.5M
One-time requirementsGym equipment, purchase/install carpets, cameras, etc.
On-going requirementsJanitorial, grounds maintenance, laundry service, etc.
Follow-on requirementsIT upgrades/training
ExceptionsNon GSA or FSS procurementUtilizing existing regional/agency requirements
contracts (AFWay, MATOC, ERS)10/20/2010 11
Types of Commercial Acquisition
www.sba.gov
Micro Purchase – Credit CardOne-time purchaseSupplies: $3,000 or belowServices: $2,500 or belowConstruction: $2,000 or belowUnrestricted (full/open)Informal (end-user allowed to use)Penalty for splitting requirements to
keep under the threshold amount10/20/2010 12
MICRO PURCHASE
www.sba.gov
Below $10,000 – Not required$10,000 – $25,000 Display in public place or electronic means
Above $25,000 – GPE RequiredFederal Business Opportunities website (FBO)EBuy website for GSA requirements onlyRecovery Act (ARRA) funded requirements
Exceptions8(a) Sole Source requirements
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Publicizing ActionsGovernment Point of Entry (GPE)
www.sba.gov
FAR PARTS 5 & 8
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Publicizing ActionsGovernment Point of Entry (GPE)
www.sba.gov
Dept of Interior GPENPS, BLM, FWS, BIA, MMS, BR, NBC, etc…
Transfer Data Back/Forth
Transfer Data Back/Forth
Stand alone GPE
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Federal Business Opportunities (FBO)
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Government Point of Entry or GPE (+$25,000) = See FAR Part 5
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AFSI Website: https://acquisition.army.mil/asfi/
ARMY ‘s
GPE
1710/20/2010 www.sba.govDOI Website: http://ideasec.nbc.gov
Dept of Interior’s
GPE
Current Requirements in Guam1810/20/2010 www.sba.gov
Title: Polar Bear Telemetry TagsSol. #: 70181AQ017 Agency: Department of the InteriorOffice: Fish and Wildlife Service Location: CGS-WO Posted On: Nov 13, 2009 3:01 pm Base Type: Combined Synopsis/Solicitation Link: https://www.fbo.gov/spg/DOI/FWS/CGSWO/70181AQ017/listing.html
Title: RECOVERY 3 Lakes Bridge Replacement Sol. #: AG-0489-S-10-0057 Agency: Department of Agriculture Office: Forest Service Location: EROC Northwest Posted On: Nov 13, 2009 2:44 pm Base Type: Presolicitation Link: https://www.fbo.gov/notices/1242321ba7d2eded9c2f97c0140f069c
Sample Notification from FBO
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Watch video in FBO for
instructions to set up automatic notification
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Type of Notices in FBOPre-solicitation Notice
Advance Notice that a solicitation is forthcoming. This is posted 15 days prior to the solicitation being available. Used in formal acquisition (RFP & IFB)
Solicitation Changes to the Pre-solicitation notice or Solicitation (due date, specifications, etc)
Combined Synopsis/
Solicitation
Informal/formal solicitation used for commercial items/buys. Complete scope of work/specification provided in the announcement. Solicitation copy is provided. Evaluation - price alone and/or other factors. Response time: 10–30 days.
Sources Sought Gathering information/Market Research. No solicitation available. Agency will make a determination on procurement based of information received (i.e., set aside for HUBZone, SDVOSB, 8(a), or full/open). Request information (statement of qualification) or list of questions. The response time is between 10 – 45 days.
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Type of Notices in FBO Con’t
Special Notice Used for Information Purpose Only, Sources Sought, Notice of a sole source procurement, and Recovery Act procurement. Provide information of a vendor fair/industry day; upcoming specific event, pending new requirements/changes.
Award Notice of award and information pertaining to the award above $3.5 million (with exceptions at 5.303(a)). Only formal solicitation the award notice is posted. There is no requirement to post or notify firms/vendors of informal solicitation. All Recovery Act Funded projects will be posted for subcontracting opportunities.
Cancellation Announcement/solicitation has been canceled
Modification/ Amendment
Changes to the Pre-solicitation notice or Solicitation (due date, specifications, etc)
10/20/2010 www.sba.gov
Federal Supply Codes (FSC)10 -- Weapons
11 -- Nuclear ordnance
12 -- Fire control equipment
13 -- Ammunition & explosives
14 -- Guided missiles
15 -- Aircraft & airframe structural components
16 -- Aircraft components & accessories
17 -- Aircraft launching, landing & ground handling equipment
18 -- Space vehicles
19 -- Ships, small craft, pontoons & floating docks
20 -- Ship and marine equipment
22 -- Railway equipment
23 -- Ground effects vehicles, motor vehicles, trailers & cycles
24 -- Tractors
25 -- Vehicular equipment components
26 -- Tires and tubes
28 -- Engines, turbines & components
29 -- Engine accessories
30 -- Mechanical power transmission equipment
31 -- Bearings
32 -- Woodworking machinery and equipment
34 -- Metalworking machinery
35 -- Service and trade equipment
36 -- Special industry machinery
37 -- Agricultural machinery & equipment
38 -- Construction, mining, excavating & highway maintenance equipment
39 -- Materials handling equipment
40 -- Rope, cable, chain & fittings
41 -- Refrigeration, air-conditioning & air circulating equipment
42 -- Fire fighting, rescue & safety equipment 2210/20/2010 www.sba.gov
Federal Supply Codes (FSC)43 -- Pumps & compressors
44 -- Furnace, steam plant & drying equipment; & nuclear reactors
45 -- Plumbing, heating, & sanitation equipment
46 -- Water purification & sewage treatment equipment
47 -- Pipe, tubing, hose & fittings
48 -- Valves
49 -- Maintenance & repair shop equipment
Hand tools
52 -- Measuring tools
53 -- Hardware & abrasives
54 -- Prefabricated structures and scaffolding
55 -- Lumber, millwork, plywood & veneer
56 -- Construction & building materials
58 -- Communication, detection, & coherent radiation equipment
59 -- Electrical and electronic equipment components
60 -- Fiber optics materials, components, assemblies & accessories
61 -- Electric wire & power & distribution equipment
62 -- Lighting fixtures & lamps 63 -- Alarm, signal & security detection
equipment 65 -- Medical, dental & veterinary equipment
& supplies66 -- Instruments & laboratory equipment 67 -- Photographic equipment 68 -- Chemicals & chemical products 69 -- Training aids & devices 70 -- General purpose information technology
equipment 71 -- Furniture
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Federal Supply Codes (FSC)
72 -- Household & commercial furnishings & appliances
73 -- Food preparation and serving equipment
74 -- Office machines, text processing systems & visible record equipment
75 -- Office supplies and devices
76 -- Books, maps & other publications
77 -- Musical instruments, phonographs & home-type radios
78 -- Recreational & athletic equipment
79 -- Cleaning equipment and supplies
80 -- Brushes, paints, sealers & adhesives
81 -- Containers, packaging, & packing supplies
83 -- Textiles, leather, furs, apparel & shoe findings, tents & flags
84 -- Clothing, individual equipment & insignia
85 -- Toiletries
87 -- Agricultural supplies
88 -- Live animals
89 -- Subsistence
91 -- Fuels, lubricants, oils & waxes
93 -- Nonmetallic fabricated materials
94 -- Nonmetallic crude materials
95 -- Metal bars, sheets & shapes
96 -- Ores, minerals & their primary products
99 -- Miscellaneous
Access the complete list: http://www.dlis.dla.mil/H2/default.asp 2410/20/2010 www.sba.gov
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Classification Codes Services & Construction
10/20/2010 www.sba.gov
Announcement Breakdown
When you click this, it will take you to the Agency’s website
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ARMY ANNOUNCEMENT IN FBO
NOTE: AFS utilized by the Dept of Defense
List of additional documents for this requirement
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NOTE: NBC is utilized by the Dept of Interior (NPS, BLM, FS, BR) http://ideasec.nbc.gov/j2ee/opportunities.jsp
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List of additional documents for this
requirement
NOTE: NBC is utilized by the Dept of Interior (NPS, BLM, FS, BR) http://ideasec.nbc.gov/j2ee/opportunities.jsp
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List of additional documents for this
requirement
ForSimplified
Acquisition and Commercial
Form can be used as:
Solicitation Quote Sheet Award Receiving Report
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SAMPLE SF 1449
10/20/2010 www.sba.gov
52.212-1 -- Instructions to Offerors -- Commercial Items. (removed after award)
52.212-2 -- Evaluation -- Commercial Items (removed after award)
52.212-3 -- Offeror Representations and Certifications -- Commercial Items (filed)
52.212-4 -- Contract Terms and Conditions -- Commercial Items (part of the award)
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (part of the award)
Main Commercial Clauses & Provisions
Website: http://farsite.hill.af.mil3110/20/2010 www.sba.gov
52.212-1 -- INSTRUCTIONS TO OFFERORS
NAICS Code & Small Business Size Qualification Submission of Offers (include in the offer, proposal, quote) Period of acceptance of offers - “Prices is good for 30 days” Product Samples (i.e., video/movie, design/artwork, etc) Multiple offers (allowed - will be evaluated separately) Late Submission, modification, revisions/withdrawal of offers
Late is Late – consider the contracting office physical location/time zone Calendar days used in the bidding period Acknowledge all amendments/revision of the solicitation Electronic commerce may/may not be authorized
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52.212-1 -- INSTRUCTIONS TO OFFERORS (cont)
Contract Awards Multiple Awards DUNS/CCR requirement Debriefing
Strengths/weakness of the proposalUnderstand the processImprove future proposal/acquisitionsThe Govt followed the solicitation requirement/evaluation
factorsDetermine if a protest is valid to pursue
Pick your battles3310/20/2010 www.sba.gov
52.212-2 -- Evaluation
Evaluation Factors Identified Relative Order of Importance of the
Evaluation factors, such as in Descending Order of Importance:Technical CapabilityPriceExperience (What you did)Past Performance (How well you did)Small Disadvantaged Business Participation
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1) Low Price2) Other Factors to Considered (agency should identify these
factors)a) Delivery/Discountsb) ORCA – Online Representations & Certifications
Applicationc) Technical – “Ability and understanding of requirements”d) Experience – “What you did”e) Past Performance – “How well you did”f) Key Personnel – Project Managers, Safety Officer, QC
Examples of Evaluation Criteria/Factors
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“Award will be made to the offeror whose offer conforming to the solicitation is determined to be most advantageous to the Government, price and other factors
considered.”
ACTUAL EVALUATION FACTORS
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“Award will be made to the responsible offeror whose quote/offer represents the best value in terms of technical (capability of item(s) offered to meet the government need), and price.”
“52.212-02, Evaluation-Commercial Items. The specific criteria to be used for evaluation, listed in declining importance, shall be as follows: 1) Ability to meet salient characteristics 2) Best value to the Government 3) Any warranties and price discounts 4) Price All other evaluation factors other than price, when combined, are significantly less important than price.”
10/20/2010 www.sba.gov
“The following provisions apply to this acquisition: 52.211-6 Brand Name or Equal; FAR 52.212-1 is supplemented per following addenda: "Contractor
shall submit their quote on company letterhead, delivery time, name, address, and telephone number of the offeror, terms of any express warranty, unit price,
and overall total price;”
If providing “an equal” product – ensure to include product information (specifications, product literature) & state in your quote
that you are providing “an equal product”
Brand Name or Equal Product
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52-212-3 – Offeror Representation and Certifications
Require with quote/proposalRequire to complete on-line registrationOn Line Representations and Certifications
Application (ORCA)https://orca.bpn.gov/https://www.bpn.gov/ccr/default.aspxNot part of the final award document
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52.212-4 – Contract Terms & Conditions
Inspection/Acceptance Assignment (of claims) Changes (terms/conditions) Definitions Excusable Delays Invoices Instruction
Wide Area Work Flow (WAWF) WAWF – used by Dept of Defense
Patent Indemnity Payment Items accepted (receiving report) Prompt payment Act (Interest) Supplies/Services – 30 days Construction – 14 days Can request payment within 7 days
Risk of Loss Taxes Termination for the Govt
Convenience Termination for Cause Title Warranty Limitation of Liability Other Compliances Compliance with laws unique to Govt
contracts Order of Precedence Central Contractor Registrations
(CCR) Alternate (instructions)
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52.212-5—Contract Terms & Conditions to Implement Status or
Executive Orders 52.233-3 – Protest After Award Contracting Officer shall check the clauses as appropriate
52.203-15 -Whistleblower Protection under the American Recovery & Reinvestment Act (ARRA)
52.219-4 - HUBZone Set Aside52.219-6 - Notice of Total Small Business Set Aside52.219-14 - Limitations on Subcontracting 52.219-27- Total Service Disabled Veteran Owned Set Aside52.225-1 - Buy American Act – Supplies52.222-41 - Service Contract Act (SCA) – for service
requirements4010/20/2010 www.sba.gov
Self – Perform RuleSmall Business (including 8(a) ANC) firms as
Prime contractors must self perform a percentage of work
Percentage is based on labor only52.219-14—Limitations on Subcontracting (Self-
Perform by Prime)Supplies – 50%Services – 50%Construction – 15%Construction Special Trade - 25%
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Service Contract Act (SCA) – Applies to services above $2,500
Davis Bacon Act (DB) – Applies to construction above $2,000
Website: http://www.wdol.gov/10/20/2010 www.sba.gov
Dept of Labor - Wage Rates
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Contract Award
Are you Responsive?The solicitation requirements
Are you Responsible? Pre-Award Survey: Technical capability
& production capability Quality Assurance (QA) Financial: accounts receivable, net worth, cash flow Accounting System System for Qualifying Suppliers Packaging, Marking, Shipping
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Read & understand the contract Communicate with all players Contingency Plans Anticipating potential problems On-Time delivery/performance Establish a good track (written) record
For Past Performance evaluation
Contract Performance
The Contracting Officer is the only person with the authority to act as agent of the Government (FAR 1.602-1)
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Know the paperwork processKeep good recordsKnow your options
Progress paymentsPrompt Payment Act
EFT (electronic funds transfer)Accept government credit cardsDept of Defense Agencies -- Wide Area Workflow-Receipt
& Acceptance (WAWF-RA)
https://wawf.eb.mil
http://www.wawftraining.com
Getting Paid
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The Contracting Officer- only authoritized person to bind the Government (FAR 1.602-1)Obtain clarification in writing regarding solicitation
Email subject line: reference solicitation number/project titleInclude alternate point of contact
After award, information is public knowledgeAgency allowed to release the vendor name/priceInquiry “or equal” product if it did not meet specsFOIA – Freedom Of Information Act (formal request )
Helpful Tips
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Lost in Translation
www.sba.gov
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Questions?
http://www.sba.gov/
http://www.sba.gov/aboutsba/sbaprograms/gcbd/index.html
10/20/2010 www.sba.gov
Ms. Marichu RelativoTel: 907-271-2297Fax: 907-271-2262
Email: [email protected]