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Effective Date: January 1, 1995
MANAGEMENT OF CONTRACTED SERVICES
SECTION 1. PURPOSE.
.01 This Order prescribes the policy and responsibilities for management of services contracts, including advisory and assistance services contracts, undertaken by individual operating units and Secretarial Officers of the Department of Commerce (the "Department").
.02 The objectives of the Order are to ensure that:
- adequate procedures are in place to monitor our contracted services, to evaluate their cost-effectiveness, to hold contractors accountable for results and to ensure the Department gets what it is paying for;
- services being performed by contractors are not inherently governmental;
- the services are essential to the mission of the Department; and
- appropriate procurement policies (including emphasis on adequate competition) are observed.
.03 This Order transfers the functions and responsibilities related to management of advisory and assistance services from the Director for Federal Assistance and Management Support to the Director for Procurement and Administrative Services.
SECTION 2. BACKGROUND.
.01 In a March 15, 1993 letter to agency heads, the Director, Office of Management and Budget (OMB) addressed concerns that were shared with the General Accounting Office, the Inspectors General and certain members of Congress regarding the Government's extensive, and growing, use of contracted services. The Director asked that agencies ensure, before contracts are let, that certain issues identified in paragraph 1.02 above be addressed. This Order establishes procedures to accomplish that purpose.
.02 The Office of Federal Procurement Policy (OFPP) issued Policy Letter No. 93-1, "Management Oversight of Service Contracting," on May 18, 1994. The Policy Letter, establishes Governmentwide policy, assigns responsibilities, and provides guidance for Executive Departments and agencies in managing the acquisition and use of services. It identifies five areas of potential vulnerability which require increased management attention: inherently governmental functions, cost effectiveness, Government control, conflicts of interest, and competition. This Order also implements the requirements of the Policy Letter.
SECTION 3. DEFINITIONS.
.01 Services means the time and effort of individuals or organizations in support of a Government objective. This includes those contracts that would be coded using one or more of the Codes contained in Section I - Part A and/or Section I - Part B of the Federal Procurement Data System, Product and Service Codes.
.02 Advisory and assistance services means those contracts that would be coded using one or more of the Service Codes contained in Appendix A to this Order.
.03 Professional support services means those contracts that would be coded using one or more of the Service Codes contained in Appendix B to this Order.
.04 Performance-based contracting means structuring all aspects of an acquisition around the purpose of the work to be performed as opposed to either the manner by which the work is to be performed or broad and imprecise statements of work.
SECTION 4. SCOPE.
All contracted services, regardless of dollar amount or type of service, shall be awarded and managed to ensure the objectives of paragraph 1.02 of this Order are met. The following categories of contracted services are subject to the special policies and procedures prescribed by this DAO:
- contracts (over $100,000 total estimated amount for all periods of performance, including options) of any type for advisory and assistance services;
- contracts (over $100,000 total estimated amount for all periods of performance, including options) of any type for professional support services;
- cost reimbursement type contracts (over $100,000 total estimated amount for all periods of performance, including options) for all other services; or
- any modifications or task orders to the above contractual actions which increase the total estimated dollar amount of the action.
SECTION 5. POLICY.
.01 Heads of operating units (HOUs) are responsible for ensuring that all contracted services of their respective organizations are consistent with the objectives of paragraph 1.02 of this Order. For actions in the categories identified in Section 4. of this Order, HOUs will establish internal review procedures or use other management techniques appropriate to the dollar value or criticality of the contracts to ensure the objectives are met.
.02 Actions in the categories identified in paragraph 4.01 which exceed a total estimated amount for all periods of performance (including options) of $5,000,000, will be subject to a two-tier review and clearance procedure. All actions will first be reviewed by the respective head of the operating unit or Secretarial Officer. The review and clearance authority may be delegated, but not to a level lower than a Deputy Under Secretary or equivalent. The actions will be subject to further review by a Department Contracted Services Review Board (the "Board").
.03 Actions originally estimated at total amounts lower than the threshold specified in paragraph 5.02 above may not be increased to exceed the threshold without prior review and clearance of the Board.
.04 Each action subject to these procedures will be reviewed, prior to award, for the following elements:
- the requirement represents a valid mission need of the Department;
- the services are not inherently governmental and therefore are appropriate for contracting outside the Government;
- the acquisition strategy is sound and the procurement will be conducted in accordance with applicable procurement policies, including emphasis on adequate competition, use of performance-based contracting methods, and mitigation of any potential conflicts of interest;
- the statement of work is sufficiently definitive, specifying a contract deliverable or requiring progress reporting on contractor performance;
- there are adequate procedures in place and sufficient trained and experienced officials available to assure that the contractor's performance under the contract results in measurable benefits to the Government and the public; and
- the contract will not create a continuous and dependent relationship with the same contractor.
.05 A request subject to these procedures must receive written clearance at the appropriate level before it may be submitted to the servicing procurement office for processing. However, close coordination with the procurement office in preparing the package to be submitted for review is encouraged.
.06 Actions which have been reviewed under these procedures and which result in contracts with options, need not be resubmitted for review prior to exercise of an option, so long as the total estimated amount of the contract for all periods of performance does not increase.
SECTION 6. PROCEDURES.
.01 The head of the operating unit or Secretarial Officer is responsible for establishing internal procedures to ensure that the objectives of this Order are met, and for establishing procedures for submission of requests to the Board. All such procedures are subject to prior review and approval by the Board, and to the periodic oversight of the Board.
.02 The Chief Financial Officer and Assistant Secretary for Administration or designee will chair the Board. Members will be the General Counsel, the Director for Procurement and Administrative Services, the Director for Information Resources Management, the Director for Federal Assistance and Management Support, the Director for Human Resources Management, the Director for Budget, Planning and Organization, the Director for Financial Management, and the Director for Civil Rights. The Director for Procurement and Administrative Services will serve as the Executive Secretary. Each member may identify a designee, as appropriate.
.03 Requests submitted to the Board shall be signed by the respective head of the operating unit or Secretarial Officer.
.04 Actions subject to these procedures shall be supported by the following documentation. Requests submitted for review at the Department level shall contain the following documentation, at a minimum (the checklist in Exhibit 1 to this Order should be used for preparing and submitting requests for review at the Department level):
- a fully prepared and complete procurement request package, including the statement of work and independent Government estimate (IGE), and if applicable, a Justification For Other Than Full and Open Competition;
- a statement of need, describing the agency mission to be furthered by the proposed contract and the criteria to be used to evaluate whether the contract succeeded;
- a description of the acquisition strategy, including a formal Acquisition Plan (when required pursuant to the Commerce Acquisition Manual), and a description of steps taken to avoid or mitigate potential conflicts of interest (when applicable);
- a statement demonstrating that the services are necessary and appropriate, and that they do not represent inherently governmental functions;
- a description of the plan to manage and oversee contractor performance, including the resources and expertise that will be used, the approach to monitoring progress, cost monitoring and payment procedures, and review, inspection and acceptance of the services; and
- if the services closely support the performance of inherently governmental functions, a description of the increased scrutiny and enhanced degree of management oversight will be provided (see OFPP Policy Letter 92-1, "Inherently Governmental Functions," subsections 6(a) and 7(f) and Appendix B).
.05 OFPP Policy Letter No. 93-1 identifies a series of questions to help agencies analyze and review requirements for service contracts with the objective of eliminating the potential for abuse. The questions are included in Appendix C to this Order. They should be used in analyzing requirements subject to review under this Order at both the operating unit and Department level.
.06 The checklist in Exhibit 1 to this Order may also be used for review of actions at the operating unit level.
SECTION 7. REPORTS.
.01 Contract Management Reports. Reports on contractor performance and contract management must be made on each action over $100,000 subject to these procedures. The reports shall be signed by the head of the operating unit or the Secretarial Officer or designee and submitted to the Board. Reports shall be submitted semi-annually after the start of contract performance and at the end of the overall contract period of performance. If the contract period of performance is less than one year, a single report shall be submitted at the end of contract performance. Reports shall address the following:
- names, positions and duties of those assigned to perform administration of the contract;
- contractor performance to date compared to schedule (including scheduled deliveries) and estimated costs;
- description of how contract costs are being monitored;
- number of contractor FTE applied to the contract effort compared to that negotiated;
- description of any inherently governmental functions being supported by the contractor and the special oversight being applied;
- number of task orders issued, if the contract is a task ordering type;
- summary of any external or internal oversight reviews or assessments made related to the contract, including actions taken to implement recommendations and steps taken to resolve any problems; and
- description of any outstanding disagreements, claims, etc., between the Government and the contractor related to the contract.
.02 Summary Reports. At the end of each full fiscal year of activity, each operating unit and Secretarial Officer shall report on its activities under these procedures during that fiscal year. The report shall be submitted to the Chief Financial Officer and Assistant Secretary for Administration and shall contain, at a minimum, the numbers and dollars of actions:
- processed under these procedures;
- cancelled or substantially modified;
- forwarded to the Board;
- cleared by the Board;
- returned or withdrawn after submission to the Board;
- requiring substantial modification after submission to the Board; and
- statistics on the extent of competition achieved.
.03 The effectiveness of each operating unit and Secretarial Officer in managing its contracted services will be assessed based on the results demonstrated in the contract management and summary reports, and on any other reports or information regarding these contracts which come to the attention of the Board. The thresholds for delegated authority may be adjusted based on the assessments resulting from these reports.
.04 In addition to the reporting required, Department oversight organizations may perform oversight reviews of any of the actions subject to these procedures. Information presented in reports resulting from oversight reviews will be used in assessing the effectiveness of each operating unit in managing its contracted services.
SECTION 8. EFFECT ON OTHER ORDERS.
This Order supersedes Department Administrative Order 216-13, dated March 1, 1985, as amended.
Chief Financial Officer and Assistant
Secretary for Administration
Office of Primary Interest
Office of Procurement and Administrative Services
Advisory & Assistance Services 208-10
Contracted Services, Management of 208-10
Management of Contracted Services 208-10
Professional Support Services 208-10
Advisory & Assistance Services, Approval of 216-13
Approval of Advisory & Assistance Services 216-13
Services, Approval of Advisory & Assistance 216-13
APPENDIX A DAO 208-10
ADVISORY AND ASSISTANCE SERVICES CODES
- Management and Support Services for R&D
Description FPDS Codes Agriculture Insect and Disease Control AA16 Agriculture Marketing AA26 Agriculture Production AA36 Aquaculture and Hydroponics AA46 Other Agriculture AA96 Crime Prevention and Control AB16 Fire Prevention and Control AB26 Rural Community Services and Development AB36 Urban Community Services and Development AB46 Other Community Services and Development AB96 Defense Aircraft AC16 Defense Missile and Space Systems AC26 Defense Ships AC36 Defense Tank - Automotive AC46 Weapons AC56 Defense Electronics and Communication Equipment AC66 Miscellaneous Defense Hard Goods AC96 Ammunition AD16 Services AD26 Subsistence AD36 Textiles, Clothing and Equipage AD46 Fuels and Lubricants AD56 Construction AD66 Other Defense AD96 Employment Growth and Productivity AE16 Product or Service Improvement AE26 Manufacturing Technology AE36 Other Economic Growth and Productivity AE96 Education AF16 Coal AG16 Gas AG26 Geothermal AG36 Wind Energy AG46 Nuclear AG56 Petroleum AG66 Solar/photovoltaic AG76 Conservation of Energy AG86 Other Energy AG96 Pollution Control Abatement AG16 Air Pollution AG26 Water Pollution AG36 Noise Pollution AG46 Other Environmental Protection AG96 Physical Sciences AJ16 Mathematical and Computer Sciences AJ26 Environmental Sciences AJ36 Engineering AJ46 Life Sciences AJ56 Psychological Sciences AJ66 Social Sciences AJ76 Other Sciences Not Elsewhere Classified AJ96 Housing AK16 Employment AL16 Income Maintenance AL26 Other Income Security AL96 International Affairs & Cooperation AM16 Biomedical AN16 Drugs Dependency AN26 Alcohol Dependency AN36 Health Services AN46 Mental Health AN56 Rehabilitative Engineering AN66 Specialized Medical Services AN76 Aids Research AN86 Other Medical AN96 Land AP26 Mineral AP36 Recreation AP46 Marine and Oceanographic AP56 Marine Fisheries AP66 Atmospheric AP76 Other Natural Resources AP96 Geriatric (Other than Medical) AQ16 Other Social Services AQ96 Aeronautics and Space Technology AR16 Space Science and Applications AR26 Space Transportation Systems AR36 Space Tracking and Data Acquisition AR46 Space Station AR66 Commercial Programs AR76 Other Space AR96 Air Transportation AS16 Surface Motor Vehicles AS26 Rail Transportation AS36 Marine Transportation AS46 Other Modal Transportation AS96 Highways, Roads, and Bridges AT16 Human Factors Concerning Transportation AT26 Navigation and Navigational Aids AT36 Passenger Safety and Security AT46 Pipeline Safety AT56 Traffic Management AT66 Tunnels and Other Subsurface Structures AT76 Transporting Hazardous Materials AT86 Other General Transportation AT96 Subsurface Mining Equipment AV16 Surface Mining Equipment AV26 Subsurface Mining Methods AV36 Surface Mining Methods AV46 Mining Reclamation Methods AV56 Mining Safety AV66 Metallurgical AV76 Other Mining Activities AV96 Other Research and Development AZ16
- Special Studies and Analyses
Description FPDS Code Air Quality Analyses B502 Archeological/paleontological Studies B503 Chemical/biological Studies and Analyses B504 Cost Benefit Analyses B505 Data Analyses (Other than Scientific) B506 Economic Studies B507 Endangered Species Studies - Plant and Animal B509 Environmental Studies and Assessments B510 Feasibility Studies (Non-construction) B513 Animal and Fisheries Studies B516 Geological Studies B517 Geophysical Studies B518 Geotechnical Studies B519 Grazing/range Studies B520 Historical Studies B521 Legal Studies B522 Mathematical/statistical Analyses B524 Natural Resource Studies B525 Oceanological Studies B526 Recreation Studies B527 Regulatory Studies B528 Scientific Data Studies B529 Seismological Studies B530 Soils Studies B532 Water Quality Studies B533 Wildlife Studies B534 Medical and Health Studies B537 Intelligence Studies B538 Aeronautic/space Studies B539 Building Technology Studies B540 Defense Studies B541 Educational Studies and Analyses B542 Energy Studies B543 Technology Studies B544 Housing and Community Development Studies B545 Security Studies (Physical and Personal) B546 Accounting/financial Management Studies B547 Trade Issues Studies B548 Foreign Policy/national Security Policy Studies B549 Organization/administrative/personnel Studies B550 Mobilization/preparedness Studies B551 Manpower Studies B552 Communications Studies B553 Acquisition Policy/procedures Studies B554 Elderly/handicapped Studies B555 Other Special Studies and Analyses B599
- Management and Professional Services
Description FPDS Codes Policy Review/development Services R406 Program Evaluation Services R407 Program Management/support Services R408 Program Review/development Services R409 Systems Engineering Services R414 Engineering And Technical Services R425 Personal Services R497 Other Professional Services R499 Advertising Services R701 Data Collection Services R702 Accounting Services R703 Auditing Services R704 Public Relations Services R708 Financial Services R710 Other Management Support Services R799
Description FPDS Codes Lectures for Training U001 Personnel Testing U002 Scientific and Management Education U004 Vocational/technical U006 Educational Services U009 Other Educational and Training Services U099
- PROFESSIONAL SUPPORT SERVICES CODES
Description FPDS Code Architect and Engineering Services - Construction C1 Architect and Engineering Services - General C2 Technical Representative Services L Operation of Government-Owned Facilities M Facilities Operations Support Services S216 ADP Facility Operation and Maintenance Services D301 ADP Systems Development Services D302 ADP Systems Analysis Services D306 Automated Information System Design and Integration Services D307 Programming Services D308 ADP Backup and Security Services D310 ADP Data Conversion Services D311 ADP System Acquisition Support Services D314 Telecommunications Network Management Services D316 Other ADP and Telecommunications Services D399 Real Estate Brokerage Services R402 Operations Research and Quantitative Analysis Services R405 Specifications Development Services R413 Technology Sharing/Utilization Services R415 Legal Services R418 Educational Services R419 Technical Assistance R421 Market Research and Public Opinion Services R422 Intelligence Services R423 Expert Witness R424 Communications Services R426 Patent and Trademark Services R498 Library Services R605 Court Reporting Services R606 Translation and Interpreting Services R608 Personal Property Management Services R610 Other Administrative Support Services R699 Debt Collection Services R705 Contract, Procurement and Acquisition Support Services R707 Ongoing Audit Operations Support R709
QUESTIONS FOR REVIEW OF SERVICE CONTRACT REQUIREMENTS
The following is a series of questions to help agencies analyze and review requirements for service contracts.
A. Inherently Governmental Functions
If the response to either of the following questions is affirmative, the contract requirement is for an inherently Governmental function that must be performed by Government officials:
- Is the requirement for a function that is listed in or closely resembles a function listed in Appendix A of OFPP Policy Letter 92-1, Inherently Governmental Functions?
- If not, is the requirement for an inherently Governmental function based on an analysis of the totality of the circumstances discussed in section 7(b) of Policy Letter 92-1?
B. Cost Effectiveness
If the response to any of the following questions is affirmative, the agency may not have a valid requirement or not be obtaining the requirement in the most cost effective manner:
- Is the statement of work so broadly written that it does not support the need for a specific service?
- Is the statement of work so broadly written that it does not permit adequate evaluation of contractor versus in-house cost and performance?
- Is the choice of contract type, quality assurance plan, competition strategy, or other related acquisition strategies and procedures in the acquisition plan inappropriate to ensure good contractor performance to meet the user's needs?
- If a cost reimbursement contract is contemplated, is the acquisition plan inadequate to address the proper type of cost reimbursement to ensure that the contractor will have the incentive to control costs under the contract?
- Is the acquisition plan inadequate to address the cost effectiveness of using contractor support (either long-term or short-term) versus in-house performance?
- Is the cost estimate, or other supporting cost information, inadequate to prevent the contracting office from effectively determining cost reasonableness?
- Is the statement of work inadequate to describe the requirement in terms of "what" is to be performed as opposed to "how" the work is to be accomplished?
- Is the acquisition plan inadequate to ensure that there is proper consideration given to "quality" and "best value?"
If the response to any of the following questions is affirmative, there may be a control problem:
- Are there insufficient resources to evaluate contractor performance when the statement of work requires the contractor to provide advice, analysis and evaluation, opinions, alternatives, or recommendations that could significantly influence agency policy development or decision-making.
- Is the quality assurance plan too general to monitor adequately contractor performance?
- Is the statement of work so broadly written that it does not specify a contract deliverable or require progress reporting on contractor performance?
- Is there concern that the agency lacks the expertise to evaluate independently the contractor's approach, methodology, results, options, conclusions, or recommendations?
- Is the requirement for a function or service listed in Appendix B of OFPP Policy Letter 92-1, or similar to a function or service on that list, such that greater management scrutiny is required of the contract terms and the manner of its performance?
D. Conflicts of Interests
If the response to any of the following questions is affirmative, there may be a conflict of interest:
- Can the potential offeror perform under the contract in such a way as to influence the award of future contracts to that contractor?
- If the requirement is for support services (such as system engineering or technical direction), were any of the potential offerors involved in developing the system design specifications or in the production of the system?
- Has the potential offeror participated in earlier work involving the same program or activity that is the subject of the present contract?
- Will the contractor be evaluating a competitor's work?
- Does the contract allow the contractor to accept products or activities on behalf of the Government?
- Will the work, under this contract, put the contractor in a position to influence Government decision-making, e.g.,developing regulations, that will affect the contractor's current or future business?
- Will the work under this contract affect the interests of the contractor's other clients?
- Are any of the potential offerors, or their personnel who will perform the contract, former agency officials who – while employed by the agency -- personally and substantially participated in (a) the development of the requirement for, or (b) the procurement of these services within the past two years?
If the response to any of the following questions is affirmative, competition may be unnecessarily limited:
- Is the statement of work narrowly defined with overly restrictive specifications or performance standards?
- Is the contract formulated in such a way as to create a continuous and dependent arrangement with the same contractor?
- Is the use of an indefinite quantity or term contract arrangement inappropriate to obtain the required services?
- Will the requirement be obtained through the use of other than full and open competition?
CHECKLIST FOR REVIEW OF CONTRACTED SERVICES
Name and phone number of requesting organization
Period of contract: _________ base period _________ base period plus all renewals or options
Amount of contract: $_____________ base period $_____________ total period (including base)
1. Statement of purpose and need, including criteria for evaluating contract success:
2.a. Abbreviated scope of work, including deliverables and/or progress reporting required:
b. Does the statement of work use the performance-based contracting approach:
If no, explain.
c. Is the requirement a follow-on to a previous cost reimbursement contract(s):
If yes, is the contract being converted to fixed price:
If no, explain.
d. Has an independent Government estimate (IGE) been prepared:
If yes, attach. If no, explain.
3.a. Does the requirement include any function which is listed in or which closely resembles a function listed in Appendix A of OFPP Policy Letter 92-1, Inherently Governmental Functions:
3b. If not, does the requirement include any inherently governmental function(s) based on an analysis of the totality of the circumstances discussed in section 7(b) of Policy Letter 92-1:
3c. Do the services closely support the performance of inherently governmental functions:
If yes, attach a description of the increased scrutiny and enhanced degree of management
oversight that will be provided (see Policy Letter 92-1, subsection 6(a), subsection 7(f) and Appendix B).
4. Brief description of the acquisition strategy:
Examples of steps in the acquisition strategy follow:
- Meet with members of the Acquisition Division (CO, Contract Specialists, etc.) to discuss the requirements of the contract/purchase order, and to determine the best vehicle for obtaining the services. These vehicles could be through Sole Source, Federal Supply Schedules, Simplified Acquisition Procedures, or Full and Open Competition?
- Determine what type(s) of contract/purchase order would best serve the Government. The types could be "Time and Material, Firm Fixed Price, Award Fee, Cost, Incentive, etc.". Description of contract types may be reviewed under PART 16 of the FAR. A softcopy of the FAR may be review through the Internet site https://acquisition.gov/far.
- Determine the requirements of the contract through a series of meetings with Government personnel whose agency, division, or branch will be affected by the proposed contract/purchase order, and obtain guidance from the Acquisition Division in developing an informative Statement of Work.
- If the services will be obtained through full and open competition, an announcement will be published in the Commerce Business Daily (CBD).
- If the services fall within the limits of Simplified Acquisitions, provide the SOW, information about the selected contractor, and CD Form 435 to the Simplified Acquisition Branch of the Acquisition Division.
- If the prospective contractor is a small business, obtain the approval of the Small Business Administration (SBA) to use the contract.
- If the services will be obtained from contractors listed on the supply schedules, then select at least three contractors from the schedules who will receive the Request for Proposal (RFP).
- Issue the RFP. Determine if there will be requirements for written technical and cost proposals, and oral presentations.
- Address the need for evaluations, consensus meetings and other requirements of the selection process.
- Ensure CD Form 435 – Funding is fully processed.
- Make award.
- Announce contract award.
Examples of compiled statements that address the above requirements:
Full and Open Acquisition (Federal Acquisition Regulation, Part 6, Section 6.003 (All Responsible Sources are permitted to compete.) - Meet with members of the Acquisition Division (CO, Contract Specialists, etc.) to discuss the requirements of the contract, and determine what contract type(s) would best serve the Government - "Time and Material, Firm Fixed Price, Award Fee, Cost, Incentive, etc.". Generate Request for Proposal (RFP) and publish an announcement in the Commerce Business Daily (CBD) to determine interest in the RFP. Provide copies of the proposals to interested contractors. Receive and evaluate sealed bids/written proposals to determine competitive range, and conduct oral presentations for those contractors who fall within the competitive range. Evaluate the results of the proposals and oral presentations through consensus meetings, select contractor, announce the award, and execute award. (An award will not be made until a CD Form 435 is fully executed and funding is made available.)
Sole Source Acquisition (Federal Acquisition Regulation, Part 6, Section 6.003 (A contract for the purchase of services that is entered into or proposed to be entered into by an agency after soliciting and negotiating with only one source that is not a small business concern.) - Meet with members of the Acquisition Division (CO, Contract Specialists, etc.) to discuss the requirements of the contract, and determine what contract type(s) would best serve the Government - "Time and Material, Firm Fixed Price, Award Fee, Cost, Incentive, etc.". Generate a Statement of Work for the services. Determine the basis for the sole source selection and discuss this determination with the Acquisition Division staff to determine if the basis for using a sole source is justified. Announce in the Commerce Business Daily (CBD) the Government’s intent to award a contract to a sole source and the basis for this selection. If no response is made to the CBD announcement or the response does not support any changes to the initial sole source selection, an award will be made and announced. (An award will not be made until a CD Form 435 is fully executed and funding is made available.)
Small Business Programs (Federal Acquisition Regulation, Part 19, Section 19.000 (A contract for the purchase of services that is entered into or proposed to be entered into by an agency to a small business under a Small Business Program.) - Meet with members of the Acquisition Division (CO, Contract Specialists, etc.) to discuss the requirements of the contract, and determine what contract type(s) would best serve the Government - "Time and Material, Firm Fixed Price, Award Fee, Cost, Incentive, etc.". Generate a Statement of Work for the services. Obtain permission from the Small Business Administration to use the services of the Contractor as a small business, negotiate rates, determine if rates are fair and reasonable, and then award contract. (An award will not be made until a CD Form 435 is fully executed and funding is made available.)
Simplified Acquisition Procedures (Federal Acquisition Regulation, PART 13, Section 13.002 (A contract that is used to (a) reduce administrative costs; (b) Improve opportunities for small, small disadvantaged, and women-owned small business concerns; (c) To promote efficiency and economy in contracting; and (d) avoid unnecessary burdens for agencies and contractors. (Up to an amount of $2,499.00, an award may be made to any size company. (For amounts from $2,500.00 to $100,000.00 the contract must be award to a small business concern.)) - Meet with members of the Acquisition Division (CO, Contract Specialists, etc.) to discuss the requirements of the contract, and determine what contract type(s) would best serve the Government - "Time and Material, Firm Fixed Price, Award Fee, Cost, Incentive, etc.". Generate a Statement of Work for the services. Determine whether the contract may be award to a contractor other than a Small Business concern or it must be awarded to a small business. Evaluate the services and rates offered by the Contractor to determine if it is fair and reasonable. Provide the Simplified Acquisition staff with information about the company awarded the contract. (An award will not be made until a CD Form 435 is fully executed and funding is made available.)
Federal Supply Schedules (Federal Acquisition Regulation, PART 8, Section 8.401 (Provides Federal agencies with a simplified process for obtaining commonly used commercial services at prices associated with volume buying.) - Meet with members of the Acquisition Division (CO, Contract Specialists, etc.) to discuss the requirements of the contract, and determine what contract type(s) would best serve the Government - "Time and Material, Firm Fixed Price, Award Fee, Cost, Incentive, etc.". Generate a Statement of Work for the services. Review federal supply schedule(s) to determine if companies on the schedule(s) offer the needed services. If sources are available, forward a Request for Proposal (RFP) to the selected contractors. Receive and evaluate written proposals to determine competitive range, and conduct oral presentations for those contractors who fall within the competitive range. Evaluate the results of the proposals and oral presentations through consensus meetings, select contractor, announce the award, and execute award. (An award will not be made until a CD Form 435 is fully executed and funding is made available.)
5. Have any potential conflicts of interest been identified:
If yes, explain how these will be avoided/mitigated.
6. Does the requirement involve sole source or limited competition:
If yes, attach a complete and detailed justification.
7. Description of the plan to manage and oversee contractor performance:
Steps in managing and overseeing contractor performance:
- Ensure government and contractor personnel fully understand contract requirements. Conduct "Kickoff" meeting – address manning, deliverables, timelines, questions, and invoicing.
- Ensure the requirements are broken down in manner that are fully understood by government and contractor personnel.
- Ensure the Contracting Officer is kept abreast of any possible problems with or changes to the contract.
- Appoint Contracting Officer’s Technical Representative (COTR), Assistant Contracting Officer’s Technical Representative (ACOTR), and Task Managers to oversee the performance of the contract requirements, to act as the intermediary between the contractor and the Contracting Officer, and to keep the BOC management informed of the contractor’s progress.
- Use a system of timelines, phases, and "Go/No-Go" tables that will allow the Government to evaluate whether a contract phase has been successfully completed prior to approving work on the next phase. The use of a "Go/No-Go" table will enable the Government to issue a cease order without penalty or unearned costs if the contractor does not successfully complete to the satisfaction of the Government all work on the previous contract phase.
- Require and review status reports from the contractor that describe the status of the contractor’s efforts in the areas of progress, problems encountered/proposed solutions, work planned for the next report period, projected/actual expenditure rates, and other areas as required. Forward copies of the reports to all management levels requiring copies.
- Ensure the invoices submitted by the contractor are in the format required by BOC Finance, and are processed within 30 days from date of receipt.
- Generate and use a cost spreadsheet for managing the contract expenditures (funds).
- Ensure constant contact with contractor personnel during contract period.
- Complete an evaluation of the contractor’s performance.
A description of a complete description of the Government’s plan to manage and oversee the contractor’s performance follows:
The Government will take the following actions to manage and oversee the contractor’s performance for the described services; (a) Ensure government and contractor personnel fully understand contract requirements. Conduct ‘Kickoff" meeting – address manning, deliverables, timelines, questions, and invoicing; (b) Ensure the requirements are broken down in manner that are fully understood by government and contractor personnel; (c) Ensure the Contracting Officer is kept abreast of any possible problems with or changes to the contract; (d) Appoint Contracting Officer’s Technical Representative (COTR), Assistant Contracting Officer’s Technical Representative (ACOTR), and Task Managers to oversee the performance of the contract requirements, to act as the intermediary between the contractor and the Contracting Officer, and to keep the BOC management informed of the contractor’s progress; (e) Use a system of timelines, phases, and "Go/No-Go" tables that will allow the Government to evaluate whether a contract phase has been successfully completed prior to approving work on the next phase. The use of a "Go/No-Go" table will enable the Government to issue a cease order without penalty or unearned costs if the contractor does not successfully complete to the satisfaction of the Government all work on the previous contract phase; (f) Require and review status reports from the contractor that describe the status of the contractor’s efforts in the areas of progress, problems encountered/proposed solutions, work planned for the next report period, projected/actual expenditure rates, and other areas as required. Forward copies of the reports to all management levels requiring copies; (g) Ensure the invoices submitted by the contractor are in the format required by BOC Finance, and are processed within 30 days from date of receipt; (h) Generate and use a cost spreadsheet for managing the contract expenditures (funds); (i) Ensure constant contact with contractor personnel during contract period, and; (j) Complete an evaluation of the contractor’s performance.
_________________________________________ / _________
Head of Operating Unit or Secretarial Officer Date
Source: U.S. Census Bureau
Last Revised: May 17, 2013