Are simplified acquisition procedures (FAR 13) subject to the requirements of FAR part 6 (Competition Requirements)?
No, however, FAR 13.104 still promotes competition
FAR Part 6 Competition Requirements applies to:
sealed bidding (FAR 14), contract by negotiaton (FAR 15), selection of sources for architect-engineer contracts (FAR subpart 36.6), and in some circumstances selection of basic and applied research providers
FAR 6 categorizes competition in one of three categories:
- FAR subpart 6.1 - Full and Open Competition
- FAR subpart 6.2 - Full and Open Competition After Exclusion of Sources –> KO’s have the opportunity to meet competition requirements along with other goals by excluding from otherwise full and open competition
- FAR subpart 6.3 - Other than Full and Open Competition –> 7 statutory authorities that permit contracting without providing for full and open competition, however, lack advance planning or concerns related to the amount of funds available to the agency are NOT circumstances that allow us to limit competition
Seven circumstances that permit other than full competition:
- Only one responsible source and no other supplies or services will satisfy the agency requirements
- Unusual and compelling urgency
- Industrial mobilization; engineering, developmental, or research capability; or expert services
- International agreement
- Authorized or required by statute
- National security
- Public interest
What is the purpose of exchanging information with industry before receipt of proposals?
to improve the understanding of the GVT requirements and industry capabilities
Techniques to promote early exchanges of information:
- industry or small business conferences
- public hearings
- market research
- one on one meetings with potential offerors
- pre-solicitation notices
- draft RFP
- RFI
- Pre-solicitation or preproposal conferences
- site visits
Defining DoD acquisition requirements so they can be met with commercial items is:
Highly encouraged; commercial items and services should be considered first as they are generally available faster and at a lower cost
Solicitation Provision (definition):
a term or condition used only in solicitations and applying only before contract award
Contract Clause (definition):
a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award.
Required Solicitation Provisions and Contract Clauses - Commercial Items
In order to simplify the commercial acq process, contracts for the acq of commercial products or commercial services shall to the maximum extent practicable include only those clauses required by FAR 12.31(b):
- FAR provision 52.212-1, Instructions to Offerors - Commercial Items
- FAR provision 52.212-3, Offeror Representations and Certifications - Commercial Items
- FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items
- FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items
Which FAR Part can the text of required contract clauses and solicitation provisions be found?
FAR Part 52 - Solicitation Provisions and Clauses
The objectives of Peer Reviews are to:
- Ensure –> ensure that DoD KO’s are implementing policy and regulations in a consistent and appropriate manner
- Continue –> continue to improve the quality of contracting processes throughout DoD
- Facilitate –> facilitate cross-sharing of best practices and lessons learned throughout the DoD
KO must publicize contract actions in order to:
- increase competition
- broaden industry participatin in meeting GVT requirements
- Assist small business concerns in obtaining contracts and subcontracts
Publicizing a synopsis or posting a public notice:
- For proposed contract actions expected to exceed $25k, the KO must synopsize in the Governmentwide point of entry (GPE)
- For proposed contract actions expected to exceed $15k, but not expected to exceed $25k, the KO must post in a public place
A change to a solicitation is called:
an amendment
