Table of Contents



COMFISCS BUYER’S DESK GUIDE

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Updated: February 2008

Table of Contents

Preface 3

Phase 1: The Customer and the Purchase Request 3

1.1 Who is the Customer? What is our Role? 3

1.2 FISC Contracting Customer Service Standards 3

NAVSUP Cycle Time Goal 3

1.3 Receipt of Purchase Request 3

1.4 Contacting Customers for Information 3

Phase 2: Requirement Screening & Required Government Sources 3

Phase 3: Market Research 3

Phase 4: Purchasing Methods and Awards 3

4.1 Purchasing from Required Government Sources 3

Federal Prison Industries/UNICOR 3

NIB/NISH (JWOD) 3

Federal Supply Schedules 3

4.2 Open Market Procedures 3

Market Research 3

Commercial Determination 3

4.2.1 Pre-Solicitation Considerations 3

Sole Source Acquisitions 3

Total Small Business Set-Aside 3

Service Contract Act (SCA) 3

Buy American Act 3

North American Free Trade Agreement (NAFTA) 3

Lease vs. Purchase Analysis 3

4.2.2 Posting and Synopsis Requirements 3

4.2.3 Solicitation Procedures 3

4.3 Award Considerations 3

Adequate Competition and Price Reasonableness 3

Contractor Responsibility Determination 3

4.4 Award 3

4.5 Common Use Clauses 3

4.6 Award Document Quick Audit Checklists 3

Phase 5: Procurement Administration 3

5.1 Contract Administration 3

5.2 Contract Reporting 3

5.2.1 DD350 Quick Audit Checklist Error! Bookmark not defined.

Enclosures .29

(1) Simplified Acquisition/Federal Supply Schedule Award Documentation 3

(2) Open Market Procedures ……………………………………………………………………………….30

(3) Sole Source Documentation 3

(4) Justification and Approval For Sole Source Procurement 3

(5) Foreign Source Restrictions by Dollar Value 3

(6) Combined Synopsis/Solicitation 3

(7) Oral Solicitation Documentation Form 3

(8) Useful Reference Websites 3

(9) SAP Process Checklist 3

Buy American…………………………………………………………………..46

(1) Bearing Matrix…..……………………………………………………………………………………….46

(2) Foreign Source Restriction……………………………………………………………………………….47

(3) Foreign Source Restriction by Value. ……..……………………………………………………………..49

(4) Qualifying Country Determination and Findings….……………………………………………………..53

(5) Authority Under the Buy American Act …………………………………………………………………52

(6) Authority Under the Balance of Payment Program. ……..………………………………………………53

(7) Authority Under the Trade Agreement Act………………….……………………………………………54

(8) Buy American Matrix ……………………………………….……………………………………………57

(9) Special Attention List …………………………………………………………………………………….58

WORKSHEETS………………………………………………………………..60

(1) Worksheet Under $3000……………………………………………………………………………….…60

(2) Total Small Business Set-Aside ………………………………………………………………………….61

Preface

This guide is intended to assist contract specialists/purchasing agents (hereafter known as buyers) in awarding contracts to required government sources or to commercial sources using simplified acquisition procedures, including the use of the Test Program for certain Commercial Items to $6.5 Million. The guide is written in a five-phased format that begins at the receipt of purchase request and follows the purchase request to award and finally administration. It will also provide a process overview, standard documentation instructions and samples, and other visual aids to assist in the procurement process.

This guide is not intended to replace Federal, DOD, or other Navy regulations or guidance, and should be read in consonance with all applicable references.

Phase 1: The Customer and the Purchase Request

1.1 Who is the Customer? What is our Role?

We are the Fleet and Industrial Supply Center, which provides logistics, business and support services to, our customers, the operational and support units of the fleet, shore, depot, shipyard, refit facility and industrial commands of the Navy, Coast Guard, Military Sealift Command, and other Joint and Allied Forces.

The specific role of the Regional Contracts Department is to provide a wide range of acquisition related supplies and services, including business advice, strategic solutions, contract administration, market analysis, acquisition training, procurement guidance and assistance, and procurement oversight.

1.2 FISC Contracting Customer Service Standards

When our customers do business with the Fleet and Industrial Supply Center Regional Contracts Department, they are dealing with world class, DAWIA certified contracting professionals who are dedicated to meeting their contracting needs. Our bottom line is service that meets or exceeds their needs and provides best value goods and services. They should expect the following:

Personnel

• The name and phone number of a FISC Regional Contracts Department associate to facilitate processing of their requirement

• Standard hours of operation are 0730 - 1630 (hours may vary by locations).

• Same day responses to requests for status and other information... responses to voice mail message daily.

On Time Delivery

• Prompt contract administration to secure on-time deliveries

• Use past performance data to ensure quality goods and services on-time

• If the required delivery date isn't possible, we'll notify the customer of the best delivery we are able to obtain so they may plan accordingly.

Courteous Service

• All of the time.

NAVSUP Cycle Time Goal

The NAVSUP goal is to process routine purchase requests within the specified cycle times indicated below:

|Requirements < $25K |20 Days |

|Requirements $25K to $150K |30 Days |

|Requirements > $150K |Per milestones established by Buyer and Customer |

Buyers shall make every effort to award requirements within cycle time. Customers shall be notified when circumstances prevent award within established timeframes. This should be done via email or fax, confirming receipt.

1.3 Receipt of Purchase Request

Once our customers initiate their requirements, they formally communicate them by submitting purchase requests. Since communication with our customers is essential to successfully meeting their requirements, it is important to communicate our receipt of their purchase requests.

1.4 Contacting Customers for Information

In the event further information is required from the customer to process the requirement, contact the point of contact identified on the purchase request. The following plan will apply to all requests for information. This plan provides the buyer and the customer established periods for obtaining necessary information. This will ensure that Fleet and Industrial Supply Center has sufficient time to support all customers without spending undue time on unnecessary calls.

Step One: Buyer reviews requisition on date received. If requisition contains incomplete or inadequate information, buyer notifies customer and requests additional information that is needed. Notify the customer via phone and fax or email. This ensures the customer receives the notification and provides you with added support.

Step Two: Two (2) working days later if the information is still not received, the buyer again requests the information that is needed from the customer. Repeat the same notification process in Step One.

Step Three: Two (2) working days after the Step Two follow-up. If the Customer still has not provided required information, cancel the requisition and send all documentation back to customer. Confirm the customer receives notice of the cancellation and document to the file.

Note: A Team Lead or Supervisor must approve all cancellations.

Phase 2: Requirements Screening & Required Government Sources

Ref: FAR Part 8, DFARS 208.6, FAR 13.003

New requirements, once accepted must be screened for availability through government sources. Except as required by FAR 8.003 or otherwise provided by law or other regulation, agencies shall satisfy requirements for supplies and services from or through the sources and publications listed below in descending order of priority.

Supplies

• Agency inventories

• Excess from other agencies

• FPI/UNICOR

• JWOD (NIB/NISH)

• *Wholesale supply sources (such as stock programs of the General Services Administration, the Defense Logistics Agency, the Department of Veterans Affairs, and military inventory control points

• Mandatory FSS

• Optional Use FSS

• Other Contracts - IDTC

*As a general rule, the customer will screen wholesale supply sources as they screen agency inventories. However, this does not relieve the buyer of the responsibility of ensuring that the customer has considered the various stock points.

Services

• JWOD (NIB/NISH)

• Mandatory FSS

• Optional Use FSS

• FPI/UNICOR

• Other Contracts - IDTC

Website links used for requirements screening

• UNICOR:

• NIB:

• NISH:

• JWOD: / for online ordering

• GSA: /

The Simplified Acquisition/Federal Supply Schedule Award Documentation Record, Enclosure (1), shall be used to document screening for required sources.

Phase 3: Market Research

Ref: FAR Part 10, DFARS Part 210

Once a requirement has been screened, buyers will be able to determine if purchasing from required government sources or via open market can satisfy the requirement. This in turn determines the market research required to complete the buy. Market research is conducted to determine if commercial items or non-developmental items are available to meet the Government's needs or could be modified to meet the Government's needs. The extent of market research will vary, depending on such factors as urgency, estimated dollar value, complexity, and past experience. Market research involves obtaining information specific to the item being acquired and should include:

• Whether the Government's needs can be met by

✓ Items of a type customarily available in the commercial marketplace

✓ Items of a type customarily available in the commercial marketplace with modifications

✓ Items used exclusively for governmental purposes

• Customary practices regarding customizing, modifying or tailoring of items to meet customer needs and associated costs

• Reveal customary practices (i.e. warranty, financing, discounts, etc)

• Any laws and regulations unique to the item being acquired

• Investigate past performance

• Identify size and status of potential sources.

Techniques for conducting market research may include any or all of the following

• Contacting knowledgeable individuals

• Previous market research of similar or identical requirements

(Buyer’s Tip: use PD2 search function to find historical data)

• Querying Government data bases

• Internet research

• Obtaining source lists

• Contractor catalogs

• Telephone books

Document the results of market research in a manner appropriate to the size and complexity of the acquisition. Enclosure (1), Simplified Acquisition/Federal Supply Schedule Award Documentation Record may be used to document the results of Market Research. All market research conducted will become a permanent part of each contract.

Phase 4: Purchasing Methods and Awards

4.1 Purchasing from Required Government Sources

The following paragraphs will assist buyers in purchasing from a required government source should requirements screening and market research indicate that required government sources might be able to satisfy the requirement. Each section explains both the process and regulations governing each required source.

Federal Prison Industries/UNICOR

Ref: FAR 8.6, DFARS 208.6

Before purchasing a product listed in the FPI Schedule, the customer and/or buyer shall conduct market research to determine whether the FPI product is comparable to products available from the private sector that best meet the Government’s needs in terms of price, quality, and time of delivery (10 U.S.C. 2410n). This is a unilateral determination made at the discretion of the contracting officer. Arbitration provisions of 18 U.S.C. 4124(b) does not apply.

• Prepare a written determination that includes supporting rationale explaining the assessment of price, quality, and time of delivery, based on the results of market research comparing FPI products to those available from the private sector.

• If the FPI product is comparable, purchase the item from FPI following the ordering procedures at , unless a waiver is obtained in accordance with FAR 8.604.

• If the FPI product is not comparable in one or more of the areas of price, quality, and time of delivery—

• Acquire the item using—

• Competitive procedures (e.g., the procedures of 6.102, the set-aside procedures in FAR 19.5, or competition conducted in accordance with FAR Part 13; or

• The fair opportunity procedures in FAR 16.505, if placing an order under a multiple award task or delivery order contract.

• Include FPI in the solicitation process and consider a timely offer from FPI for award in accordance with the requirements and evaluation factors in the solicitation, including solicitations issued using small business set-aside procedures; and

• When using a multiple award schedule issued under the procedures of FAR Subpart 8.4—

• Establish and communicate to FPI the requirements and evaluation factors that will be used as the basis for selecting a source, so that an offer from FPI can be evaluated on the same basis as the schedule holder; and

• Consider a timely offer from FPI.

• The procedures above do not apply if an exception in FAR 8.605 applies and the purchase is made from a source other than FPI.

See FAR 8.604 and 8.605 for further information on Waivers and Exceptions.

Orders shall be placed using a DD Form 1155, with an “F” in the 9th position of the PIIN.

NIB/NISH (JWOD)

Ref: FAR 8.7, DFARS 208.7

Ordering: Ordering offices shall obtain supplies and services on the Procurement List from the central nonprofit agency or its designated JWOD participating nonprofit agencies, except that supplies identified on the Procurement List as available from DLA, GSA, or VA supply distribution facilities shall be obtained through DLA, GSA, or VA procedures. If a distribution facility cannot provide the supplies, it shall inform the ordering office, which shall then order from the JWOD participate nonprofit agency designated by the Committee.

For services obtained from the NIB/NISH agency, coordinate with the NIB/NISH Office for the Region.

Orders shall be placed using a DD Form 1155, with an “F” in the 9th position of the PIIN.

Waivers/Exceptions: Ordering offices may acquire supplies or services on the Procurement List from commercial sources only if the acquisition is specifically authorized in a purchase exception granted by the designated central nonprofit agency. The central nonprofit agency shall promptly grant purchase exceptions when- (1) The JWOD participating nonprofit agencies cannot provide the supplies or services within the time required, and commercial sources can provide them significantly sooner in the quantities required; or (2) The quantity required cannot be produced or provided economically by the JWOD participating nonprofit agencies. The central nonprofit agency granting the exception shall specify the quantity and delivery or performance period covered by the exception. When a purchase exception is granted, the contracting officer shall initiate purchase action within 15 days following the date of the exception or any extension granted by the central nonprofit agency; and provides a copy of the solicitation to the central nonprofit agency when it is issued. The Committee may also grant a purchase exception, under any circumstances it considers appropriate.

If during the screening process, the buyer determines that JWOD products are not offered that will meet the needs of the customer, the award documentation record shall be so noted. In the event a product is offered that is essentially the same as the customer's requirement, the product shall be ordered from the applicable JWOD participating agency, or the exception procedures in FAR 8.7 shall be followed.

Federal Supply Schedules

Ref: FAR 8.4, DFARS 208.4

Federal Supply Schedules are awarded by the General Services Administration for common use items and are considered to be preferred sources for DOD. Buyers should make maximum use of the schedules; however, other procedures may be used if further competition is judged to be in the best interest of the Government in terms of quality, responsiveness, or cost.

The buyer shall review at least three schedule contractors through GSA Advantage or by reviewing catalogs or pricelists of at least three schedule contractors.

Best Value Analysis

When ordering supplies, or services below $150,000, the buyer must perform a best value analysis. By placing an order against a schedule using the procedures in FAR 8.4, the ordering office has concluded that the order represents the best value and results in the lowest overall cost alternative to meet the Government's needs. Some factors that might be considered include:

• Special features of the supply or service required for effective program

performance

• Trade-in considerations

• Probable life of the item selected as compared with that of a comparable item

• Warranty considerations

• Maintenance availability

• Past performance

• Environmental and energy efficiency considerations

File documentation for orders at or below the micro-purchase threshold, at a minimum, contain the contractor's name and address, contract number, the item purchased, the amount paid and contractor delivery and payment terms. Orders over the micro-purchase threshold purchase file shall contain the same information for each contractor reviewed; supporting documentation if a schedule contractor was selected on the basis of other than price and the basis by which they determined the "Best Value" to the Government price and other factors considered as compared to other schedule holders.

Buyers need not seek further competition, synopsize the requirement, make a separate determination of fair and reasonable pricing, or consider small business programs when using contracts under FSS. Additionally, GSA has already determined the prices of items under schedule contracts to be fair and reasonable. However, buyers are required to perform a Best Value Analysis prior to placing any order with a GSA FSS Contractor. An efficient method of gathering sources, quotes and comparisons is to use and the e-Buy features found at that web site.

Buy American Act and Federal Supply Schedules

When a schedule lists both foreign and domestic items that will meet the needs of the requiring activity, the ordering office must apply the procedures of Part 225 and FAR Part 25, Foreign Acquisition. When purchase of an item of foreign origin is specifically required, the requiring activity must furnish the ordering office sufficient information to permit the determinations required by Part 225 and FAR Part 25 to be made.

See FAR 8.4 for orders in excess of the maximum ordering threshold and DFARS 208.404 for special procedures for services in excess of $150,000. See FAR 8.405-6 for sole source procedures for supplies or services above micro-purchase threshold.

Orders shall be placed using a DD Form 1155 or SF Form 1449, as appropriate.

The Federal Supply Schedule Award Documentation Record, Enclosure (1), shall be used to document all actions relating to an award.

4.2 Open Market Procedures

The Simplified Acquisition Award Documentation Record, Enclosure (2), shall be used to document all actions relating to an award.

Market Research

Ref: FAR Part 10, DFARS Part 210

Market research for open market procurement is conducted as explained in Section 3.1 Market Research. Document the results of market research in a manner appropriate to the size and complexity of the acquisition as required.

Commercial Determination

Ref: FAR Part 12, DFARS Part 212, NMCARS 5212.2, NMCAG G5212.90

Market research is an essential element of building an effective strategy for the acquisition of commercial items. Only through market research will you be able to make an adequate determination of commerciality. Your determination, along with the basis for your decision, must be documented in the purchase file.

4.2.1 Pre-Solicitation Considerations

Sole Source Acquisitions

Award on a noncompetitive basis shall be supported by a justification from the buyer explaining the absence of competition. Generally this is based upon a sole source justification from the customer explaining the reason for the sole source. The customer's justification shall be reviewed, accepted and approved by the buyer/Contracting Officer, and retained in the purchase file. Enclosure (2) is a sample sole source justification that may be provided to customers to document sole source requirements less than $150,000. The streamlined Justification and Award (J&A) at Enclosure (3) shall be used to document sole source awards under FAR Part 13.5. The determination to accept or reject a customer's sole source justification will determine appropriate solicitation procedures.

Total Small Business Set-Aside

Ref: FAR 19.5, DFARS 219.5, NMCARS 5219.5, NAVSUPINST 4200.85D

It is the policy of the Government to provide maximum practicable opportunities in its acquisitions to small business, veteran-owned small business, service-disabled veteran-owned small business, HUB Zone small business, small disadvantaged business, and women-owned small business concerns. The procedures below do not apply to purchases of $3,000 or less or to purchases from required sources of supply.

Each acquisition of supplies or services that has an anticipated dollar value exceeding $3,000 but not greater than $ 150,000 is automatically reserved exclusively for small business concerns and will be solicited and awarded to a small business, unless it is determined that there is not a reasonable expectation of obtaining competitive quotations from two or more small businesses. If only one quote is received after soliciting quotes from small businesses, and it is determined that it is a fair and reasonable price, the buyer should make award to that company. If no acceptable quotes are received, the set-aside must be withdrawn and the requirement resolicited on an unrestricted basis. This means that the original synopsis or solicitation, as applicable, must be cancelled and reissued on an unrestricted basis.

Documentation

The determination to proceed on an unrestricted basis must be documented in the contract file. The internal form, Determination to Solicit/Award on an Unrestricted Basis, is available in PD2 and shall be used for all actions between $3,000 and $10,000 to document the decision to solicit and/or award on an unrestricted basis. The buyer and/or Contracting Officer shall sign the form, as appropriate.

A DD2579 must be completed and approved by the Small Business Specialist prior to the issuance of a written solicitation or the solicitation of oral quotes for all requirements over $10,000, even if anticipating award to a small business.

Non-Manufacturers Rule

FAR 52.219-6 requires the small business contractor to quote on products of his own manufacture or those manufactured by another small business. If the contracting officer wishes to proceed with the set-aside rather than dissolving and soliciting on an unrestricted basis, and the product does not fall into a class for which the SBA has determined that there are no small business manufacturers, the contracting officer may request an individual waiver from SBA. Once the waiver is received the contracting officer may proceed with the small business set-aside, incorporating FAR 52.219-6, Alternate I, in the solicitation.

Check the SBA web site at for additional information on the non-manufacturer rule and for class waivers already in effect.

Set-Asides and Foreign Made Products

If it is determined that a quotation should be requested for a foreign made product, the Total Small Business Set-Aside will no longer be applicable, and the file should be so documented. Once the solicitation is on an unrestricted basis, or if FAR 52.219-6, Alternate I is incorporated, quotes on foreign products may be accepted. However, that does not relieve the contracting officer of the provisions of FAR Part 25, and DFARS Part 225 regarding foreign acquisitions.

Service Contract Act (SCA)

Ref: FAR 22.10, DFARS 222.10

The SCA applies to all contracts the principal purpose of which is to provide services through the use of service employees, as follows:

• Service contracts $2,500 and under: SCA requires minimum wage same as Fair Labor Standards Act

• Service contracts over $2,500: SCA minimum wages and benefits issued by Dept of

Labor as area wage determinations (WDs)

• Contracts succeeding contracts containing union Collective Bargaining Agreements (CBAs): SCA minimum is the CBA wages and monetary benefits (SCA Sec. 4(c))

Wage Determinations on Line - "WDOL PROGRAM - SCA Requirements

Individual SF98s will be submitted to DOL for each applicable contract action, notifying DOL of the WD selected and implemented under the Program. On-line SF98s can be found at:





For all contract actions requiring new or revised SCA wage determinations, the contracting office shall obtain the appropriate WD by accessing the WDOL Program Database -

• No more than 15 days prior to the earliest of the following:

• Issuing an Invitation For Bid (IFB) or Request For Pricing (RFP);

• Start of negotiations;

• Modification to exercise an option or to extend, or to significantly change scope of work; or

• Annual/biennial anniversary dates of multiyear contracts

On or before issuing the solicitation, or modification to exercise an option, extend, or significantly change scope of work, the contracting office shall prepare and send to DOL an SF98 and SF98a for that action. The SF98 and SF98a must be completed in full, signed, and dated.

Monitoring the WDOL Program

• Effective WDs are those WDs received timely by the contracting agency

• Effective WDs are required to be incorporated into contracts

• A WD shall be effective if it is received by the contracting agency before date of award (or date of modification if option or extension)

Exemptions to the SCA, as noted in FAR 22.1003-3, include:

• Construction, alteration or repair of public building, including painting and decorating.

• Any work required IAW the Walsh-Healy Public Contracts Act.

• Transporting, freight or personnel where tariff rates are in effect.

• Radio, telephone, or cable companies subject to the Communications Act.

• Employment contract for direct services by an individual.

• Postal contract stations.

• Work conducted on-board naval vessels

Other exemptions:

If the solicitation will result in a contract for the maintenance, calibration and/or repair of information technology, scientific and medical, office and business equipment use FAR Clause 52.222-48 in your solicitation. The successful offer must certify that the exemption applies. The contracting officer must then have a written D&F (22.1003-4(b)(4)(iii)(A). If the offeror does not certify, the applicable Service Contract Act clauses will apply. You must insert the applicable Service Contract Act clauses.

All other services subject to the ACT must contain the appropriate clauses

Buy American Act

The Buy American Act applies to supply orders and to orders for services that involve the furnishing of supplies. DoD activities are required to buy domestic end products as prescribed at FAR 13.105, FAR 19.102, FAR Part 25 and DFARS Part 225. The definitions found in the clause at DFARS 252.225-7001, “Buy American Act and Balance of Payments Program,” shall be used to determine if the articles, materials and supplies are considered domestic end products.

The Buy American Act will not apply to the purchase of articles, materials, and supplies if one or more of the following exceptions to the Act apply:

• The product is being purchased for use outside the United States (which includes its possessions and Puerto Rico; but does not include leased bases or trust territories.

• A determination is made that the cost of a domestic end product is not reasonable. Evaluating quotes in accordance with the procedures at DFARS 225.105 shall make this determination.

• When it has been determined that domestic preference would be inconsistent with the public interest.

• DoD has made that determination for products produced or manufactured in the countries listed as “qualifying countries” at DFARS 225.872-l (a). Additional determinations may be made on a case-by-case basis in accordance with DFARS 225.872-l (b).

• The product is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. DoD has determined that the articles, materials, and supplies listed at FAR 25.108, DFARS 225.102 and DFARS 225.108 qualify for this exception.

Nonavailability Determination. A determination that an article, material, or supply is not reasonably available is required where no domestic offer is received or when domestic offers are insufficient to meet the requirement and award is to be made on a non-qualifying country end product. This determination must be approved as discussed in FAR 25.102(b)(1) and DFARS 225.102(b).

Solicitation Provisions and Clause Requirements

When quotations are solicited in writing, the buyer will include the following provisions and clauses as prescribed by DFARS 225.109 (unless the required end product is exempt from the Act):

• DFARS 252.225-7001, “Buy American Act and Balance of Payments Program”.

• DFARS 252.225-7000, ‘Buy American Act-Balance of Payments Program Certificate”;

• DFARS 252.225-7002, Qualifying Country Sources as Subcontractors”; and

• DFARS 252.225-7003, “Information for Duty-Free Entry Evaluation.”

When quotations are solicited orally, contractors shall be informed that only domestic end products and qualifying country end products are acceptable, unless the provisions of DFARS 225.109(b) apply.

In addition to the provisions and clauses discussed above, buyers should review the additional requirements or restrictions on foreign purchases prescribed in FAR 25.6, DFARS 225.6, DFARS 225.70 and DFARS 225.71 that may apply to the specific acquisition.

Enclosure (4) provides a listing of foreign source restrictions for certain items sorted by applicability (dollar value). This table should be reviewed and guidance followed, prior to soliciting quotes for any restricted items.

North American Free Trade Agreement (NAFTA)

The North American Free Trade Agreement (NAFTA) is a trade agreement between the United States, Canada and Mexico. Canadian and Mexican end products subject to the NAFTA are those in the federal supply groups (FSGS) listed at DFARS 225.403-70.

If the solicitation is set-aside as a Total Small Business Set-Aside under FAR 52.219-6, the North American Free Trade Agreement (NAFTA) does not apply. Buyers should also see FAR 25.403 and DFARS 225.403 for additional exceptions.

When the determination is made to solicit on an unrestricted basis, or the solicitation is issued with the provision at FAR 52.219-6 Alternate I:

• Buyers must consider any eligible NAFTA country end product and evaluate each quotation as a qualifying country end product in accordance with DFARS 225.105 if the estimated value of the eligible product is $50,000 or more.

• Although NAFTA may not apply, quotations for Canadian end products at any value may be considered and evaluated as a qualifying country end product since Canada is also listed as a qualifying country at DFARS 225.872.

• Quotations for Mexican end products estimated to cost less than $50,000, or which are items that are not eligible under NAFTA, may be considered and evaluated as a non-qualifying country end product.

Lease vs. Purchase Analysis

Any time a lease is being considered the customer must perform a lease vs. purchase analysis prior to the initial acquisition of equipment or any extension or renewal of existing equipment. This is the document that supports the customer's reasoning for a lease in lieu of purchase, and therefore, a copy of the analysis must be maintained in the contract file. Remember that this analysis must be performed each year when the lease is renewed, if it is for more than one year. Guidance is found in FAR 7.4. Remember that you must consider the economic life of the product when performing the analysis.

Screening for Excess Personal Property - The customer must provide written certification that applicable screening was completed.

Funding - When lease to own or lease with option to purchase is being considered, the type of funding to be used for the lease must be determined. If the acquisition cost exceeds the investment threshold (currently $100,000), then investment funds must be used for the lease. There may be other instances when investment funds must be cited, as addressed in the references below. Make sure our customers understand the funding issue. Misuse of funds can be considered an Anti-Deficiency Act violation and the Contracting Officer, as well as the Comptroller issuing the funds can be held responsible.

Term of Contract - Most long term leases under GSA contract (Lease to own (LTOP), or Best Value (BVL) are priced based on a specific period of time, such as 36 or 60 months. However, since we are using O&M money, we cannot guarantee the contractor that we will continue the lease year after year. We can however, issue an order with options for the full lease term, if options are authorized under the terms of the GSA contract.

Cancellation Charges - Most lease contracts contain a cancellation ceiling and formula for determining the cancellation charge at any given time. In many cases, the cancellation fee is almost equal to the cost of leasing for the remainder of the lease period. There have been some questions regarding the legality of this practice, so be very careful before you enter into this type of contract. At a minimum, the customer must certify that they have budgeted (set-aside), although not necessarily obligated, funds to cover the contingent liability should cancellation become necessary. Obtain this certification in writing for documenting the file.

Procedures for use of Multiple Award GSA contracts - In accordance with FAR 8.4, before placing an order above $3,000 on GSA contract, you must review GSA Advantage, or at least three schedule contractors to determine which will be most advantageous to the government. The customer must provide evidence of this review and the rationale behind their selection of a particular contractor, or the buyer must do this during the procurement process. This should be documented as part of the lease/purchase analysis.

References:

• FAR 7.4 and DFARS 207.4 discuss procedures for the lease/purchase analysis.

• NAVSUP Policy letters 03-29 and 99-33 reiterates this policy and also discusses the excess property requirement.

• The DOD Financial Management regulations discuss the criteria for determining the type of funding to be used, and procedures for capital (investment) leases.

Reference Websites:

FAR 7.4 -

DFARS 207.4 -

NAVSUP Policy Letters 03-29 and 99-33 -

DoD Financial Management Regulation -

• Volume 2A, Chapter 1, Para. 010201 - Criteria for Determining Expense and Investment Costs, dtd June 2002

• Volume 4, Chapter 7, Para. 070207 - Assets Under Capital Lease (Account 1810) dtd September 1999

DODINST 7041.3 -

dtic.mil/whs/directives/corres/pdf/704103p.pdf

4.2.2 Posting and Synopsis Requirements

Ref: FAR 5.2, DFARS 205.2, NMCARS 5205.2, NAVSUPINST 4200.85C

Contracting officers must publicize contract actions in order to increase competition, broaden industry participation in meeting Government requirements, and assist in meeting small business concerns. The following posting requirements apply to all SAP actions:

• Between $10,000 and $25,000

✓ Oral solicitations do not have to be posted. Oral solicitations do have to be documented. See Enclosure (8) for sample SAP Oral Solicitation Documentation.

✓ Written solicitations must be posted physically or electronically to NECO for at least 10 days.

✓ Award may be made prior to the end of the 10-day period if documented in the purchase file.

• Between $25,000 and simplified acquisition threshold (Commercial)

✓ Combined synopsis/solicitation – 15 days or a reasonable amount of time that will afford potential offerors a reasonable opportunity to respond per the market research.

✓ Synopsis/solicitation - synopsis must be posted at least 15 days and the solicitation given a reasonable response time that will afford potential offerors a reasonable opportunity to respond.

• Between $25,000 and simplified acquisition threshold (Non-Commercial)

✓ Synopsis 15 days.

✓ Solicitation a reasonable response time that will afford potential offerors a reasonable opportunity to respond.

✓ If greater than the simplified acquisition threshold, must post for 30 days.

Posting a solicitation to NECO can be done in two different ways. In the first method, after you have released your solicitation in PD2, mark it for EDI Transmit (this should be done for most simplified actions for supplies). The second method is to post it manually to NECO by saving it as a word document and uploading it. If you have an amendment, you must post it in the same manner the original solicitation was posted.

Posting a synopsis or combined synopsis/solicitation to NECO must be done manually. Since the system will time out after 30 minutes, have your synopsis completed as a word document ready to load into NECO. You will then post your solicitation that same way as above.

A sample Combined Synopsis/Solicitation is included as Enclosure (5). The sample may be used as a guide for all synopsis requirements, and includes numbered notes that might be required for other than commercial items.

Note: Remember that NECO is not the Government Wide Point of Entry! Any regulatory references to the GPE refer to FedBizOpps.

4.2.3 Solicitation Procedures

Oral solicitations should be used to the fullest extent possible and may be documented on Enclosure (6), SAP Oral Quote Documentation Form. Written solicitations for commercial items shall be issued on the SF1449. Written solicitations for other than commercial items shall be issued on the SF 18.

4.3 Award Considerations

Adequate Competition and Price Reasonableness

Competition is a prominent factor in procurement law and policies. There are at least three (3) reasons for this prominence.

• The principle that all qualified companies should have the opportunity to do business with the Government and have the right to strive on an equal basis with all other potential suppliers. Stated another way, contracts should go to the company offering the most advantageous contract to the Government. Full and open competition is intended to achieve this objective.

• To find out what is available to meet a particular need. The Government may have a specialized requirement that no known product can satisfy. Competitive solicitation may turn up such a product, or it may lead to development of a new product designed to meet the need.

• Competition is the best way to make sure that the resulting contract price does not unreasonably favor either the buyer or seller and in fact results from the impartial working of the marketplace. The Government should not pay unfair prices, and the contractor should not realize exorbitant profits. In other words, competition is undertaken to ensure that the Government pays, and the contractors receive, prices representing reasonable payment for the work performed.

Adequate competition requires that there be at least two (2) offerors, each able to satisfy the Government's requirements, independently contending for a contract to be awarded the offeror that submits the lowest evaluated price, and each submitting priced offer responsive to the solicitation's requirements. Having three (3) or more competitive offers is recommended.

To determine if price competition really exists, you may examine prices, the range of prices offered by competing companies, the experience of the competing companies in making the item or doing the work, and the exceptions taken by an offeror to the specifications, delivery schedule, or other terms of the request for quotation (RFQ). You will want to be sure the competing companies understand your requirement and are proposing or quoting on the same thing.

• If the price competition is judged to be effective, it follows that the price is fair and reasonable.

• NOTE: Any time there is only one source for a given item, true competition is unlikely. The fact that there are two offers does not automatically mean that competition is present. For example, if the manufacturer and a dealer are both bidding on the same product at your request, then you do not have adequate competition. On the other hand, if you request a product with an unrestricted description, and more than one vendor quotes on the same item, you may be able to determine that the competition is adequate.

The existence of effective competition may be difficult to determine if you are buying to performance specifications. Under such conditions, all respondents may propose products to meet the specifications, but no two of the products may be alike in anything other than claimed performance characteristics.

To use an unsophisticated example, assume a procurement using a performance specification that calls for an eight-ounce personal coffee container. One offeror proposes to furnish a paper cup; the other proposes to furnish a ceramic mug. Both meet the requirements, but they have different characteristics.

Does the fact that the price proposed for the paper cup is lower than the price for the mug mean that the cup price is reasonable? It might not be if you find other companies to sell you paper cups that meet the specs. Additionally, the price might not be reasonable if the ceramic mugs last 100 times longer than the paper cups. Further analysis and other methods of price reasonableness may be necessary to determine prices fair and reasonable.

If competition is not possible, use other methods to determine price fair and reasonable, including:

1. Established catalog prices

2. Historical comparisons

3. Independent Government Estimates

4. Value Analysis

5. Prices set by law or regulation

6. Price breakdown (cost analysis)

Contractor Responsibility Determination

Purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only. No purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility. In the absence of information clearly indicating that the prospective contractor is responsible, the contracting officer shall make a determination of non-responsibility. The award of a contract to a supplier based on lowest evaluated price alone can be false economy if there is subsequent default, late deliveries, or other unsatisfactory performance resulting in additional contractual or administrative costs. While it is important that Government purchases be made at the lowest price, this does not require an award to a supplier solely because that supplier submits the lowest offer. A prospective contractor must affirmatively demonstrate its responsibility.

In making the determination of responsibility the contracting officer shall consider relevant past performance information. If the information necessary to make a positive determination is not available, the Contracting Officer should request a pre-award survey. Negative determinations of responsibility for small business shall be referred to the Small Business Administration, with a copy to the Deputy for Small Business. In addition, the contracting officer should use the following sources of information to support such determinations:

• The List of Parties Excluded from Federal Procurement and Non-procurement Programs ()

• Records and experience data, including verifiable knowledge of personnel within the contracting office, audit offices, contract administration offices, and other contracting offices. (CPARS)

• The prospective contractor -- including bid or proposal information, questionnaire replies, financial data, information on production equipment, and personnel information.

• Commercial sources of supplier information of a type offered to buyers in the private sector.

4.4 Award

Contract awards shall be made on the SF1449 for Commercial Items or the DD Form 1155 for non-commercial items. All awards will be generated in PD2. The Department or Deputy Department Director must approve any exceptions to the use of PD2.

4.5 Common Use Clauses

Incorporating the correct clauses into an award document is essential to successful procurement. Insufficient clause use and over clause use can significantly impact successful awards. The following sections will list and explain common clause requirements for the different types of award documents. Since every buy is unique, not all the clauses you require may be included. Refer to the FAR 52.301 Clause Matrix and the FISC Clause Book for more assistance.

Simplified Delivery Order – GSA

Reference DFARS 208.404(a) and NAVSUP Policy Letters SA03-02 and SA01-03. Also, FAC 2001-24, Contracting Officer placing order on another agency’s behalf is responsible for applying that agency’s regulatory and statutory requirements; and that the requiring activity is required to provide information on the applicable regulatory and statutory requirements to the contracting officer (FAR 8.404(b)). No clauses are included because the delivery order is being placed against a previously competed contract. However, Local clauses are applicable to the GSA Contract. An exception is the inclusion of 52.213-1 “Fast Payment Procedures” (Incorporated by Reference) if applicable and any other specific local clause that affects the requirement. The use of any other clauses with delivery orders is generally prohibited and should be discussed with your supervisor prior to inclusion in your delivery order.

Fast Payment Procedures

If the following conditions are present, the fast payment procedure may be used, provided that use of the procedure is consistent with the other conditions of the purchase. The conditions for use of the fast payment procedure are as follows:

(a) Individual purchasing instruments do not exceed $30,000, except that executive agencies may permit higher dollar limitations for specified activities or items on a case-by-case basis.

(b) Deliveries of supplies are to occur at locations where there is both a geographical separation and a lack of adequate communications facilities between Government receiving and disbursing activities that will make it impractical to make timely payment based on evidence of Government acceptance.

(c) Title to the supplies passes to the Government --

(1) Upon delivery to a post office or common carrier for mailing or shipment to destination; or

(2) Upon receipt by the Government if the shipment is by means other than Postal Service or common carrier.

(d) The supplier agrees to replace, repair, or correct supplies not received at destination, damaged in transit, or not conforming to purchase requirements.

(e) The purchasing instrument is a firm-fixed-price contract, a purchase order, or a delivery order for supplies.

(f) A system is in place to ensure --

(1) Documentation of evidence of contractor performance under fast payment purchases;

(2) Timely feedback to the contracting officer in case of contractor deficiencies; and

(3) Identification of suppliers that have a current history of abusing the fast payment procedure.

Commercial Open Market (DD1155 and SF1449)

FAR 52.212-1 “Instructions to Offerors - Commercial Items” (Incorporated by Reference)

FAR 52.212-3 “Offeror Representations and Certifications – Commercial Items” (Full Text) Note: Alt I is used for open market over $25K (used in solicitations)

FAR 52.212-4 “Contract Terms and Conditions – Commercial Items” (Incorporated by Reference)

FAR52.212-5 “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items” (Full Text) Note: See Clause matrix for each clause and check applicable clauses.

Within FAR 52.212-5 check (if applicable):

• 52.219-6 “Notice Of Total Small Business Set-Aside” (if applicable)

• 52.222-21 “Prohibition Of Segregated Facilities”

• 52.222-26 “Equal Opportunity”

• 52.222-35 “Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans”

• 52.222-37 “Employment Records on Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans”

• 52.225-1 “Buy American Act-Supplies”

• 52.225-13 “Restriction on Certain Foreign Purchases”

• 52.232-33 “Payment by EFT-Central Contractor Registration”

• 52.232-36 “Payment By Third Party”

FAR 52.212-5 “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items” (Deviation)

Note: The above deviation may be used in lieu of the full text clause at FAR 52.212-5 provided that Auto Clause Select is used in PD2. The clauses noted above, as well as any other required clauses must be separately selected.

FAR 52.247-34 “FOB Destination” (Incorporated by Reference) or 52.247-29 “FOB Origin” (Incorporated by Reference)

FAR 52.252-1 “Solicitation Provisions Incorporated by Reference

FAR 52.252-2 “Clauses Incorporated By Reference” (Full Text)

Note: There is a fill-in in this clause. The following are acceptable fill-ins for this clause: , , or .

DFARS 252.204-7004 Alt “ Required Central Contractor Registration” (Full Text)

DFARS 252.212-7001 “Contract Terms and Conditions Required To Implement Statutes Or Executive Orders Applicable To Defense Acquisitions Of Commercial Items” (Full Text) Note: See prescription for each clause and check applicable clauses.

Within the 252.212-7001 always check:

• 252.225-7001 “Buy American Act And Balance Of Payments Program”

• 252.232-7003 “Electronic Submission of Payment Request-CCR”

Any local clauses prescribed for the order should be included as necessary.

For Non-Commercial Items

FAR 52.213-4 “Terms and Conditions – Simplified Acquisitions (Other than Commercial Items)” Note: With limited exceptions, most of our purchases are for commercial items. If you feel you have a requirement for a non-commercial item, review your determination with your supervisor before continuing with the award.

(NOTE: While FAR 52.213-4, This clause does contain full prescriptions for each "sub-clause" incorporated as part of the main clause. This document provides valuable information that will assist you in incorporating clauses in all contracts.

Situational Clauses (Commercial/Non-Commercial)

52.213-1 “Fast Payment Procedures” (Incorporated by Reference)

This clause is included when the customer is forward deployed and certification of the invoice would greatly delay payment to the vendor. Discuss with your supervisor for any deviation from this rule.

52.232-18 “Availability Of Funds” (Incorporated by Reference)

This clause is included when the requirement is for an upcoming fiscal year, also known as “renewals”. This clause allows us to not delay any recurring requirements our customers may have.

Clauses to Consider When Including Options:

FAR 52.217-8 Option To Extend Services

FAR 52.217-9 Option To Extend The Term Of The Contract (Variation)

Clauses to Consider When Contracting for Services

Service contracts require more detailed clause use than a standard commercial supply. The difference between services may require you to use clauses unique to the situation. Discuss your clause selection with your supervisor before awarding a service contract. The clauses below are commonly used in service contracts.

52.212-5 “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items” (Full Text) Note: See prescription for each clause and check applicable clauses.

Within FAR 52.212-5 check (if applicable):

• 52.219-6 “Notice Of Total Small Business Set-Aside” (if applicable)

• 52.222-21 “Prohibition Of Segregated Facilities”

• 52.222-26 “Equal Opportunity”

• 52.222-35 “Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans”

• 52.222-37 “Employment Records on Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans”

• 52.225-1 “Buy American Act-Supplies”

• 52.225-13 “Restriction on Certain Foreign Purchases”

• 52.232-33 “Payment EFT-Central Contractor Registration”

• 52.232-36 “Payment By Third Party” (If applicable)

FAR 52.212-5 “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items” (Deviation)

The above deviation may be used in lieu of the full text clause at FAR 52.212-5 provided that Auto Clause Select is used in PD2. The clauses noted above, as well as any other required clauses must be separately selected.

Other Clauses that should be incorporated in orders for services, as appropriate:

FAR 52.211-5 “Material Requirements”

FAR 52.213-3 “Notice To Supplier”

FAR 52.213-4 “Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items)”

FAR 52.222-42 “Statement Of Equivalent Rates For Federal Hires”

FAR 52.222-41 “Service Contract Act of 1965, as Amended”

FAR 52.222-47 “Service Contract Act (SCA) Minimum Wages And Fringe Benefits”

FAR 52.222-48 “Exception From Application Of Service Contract Act Provisions For Contracts For Maintenance, Calibration, And/Or Repair Of Certain Information Technology, Scientific And Medical And/Or Office And Business Equipment--Contractor Certification”

FAR 52.222-49 “Service Contract Act - Place Of Performance Unknown”

FAR 52.252-1 “Solicitation Provisions Incorporated by Reference

FAR 52.252-2 “Clauses Incorporated By Reference” (Full Text)

Note: There is a fill-in in this clause. The following are acceptable fill-ins for this clause: , , or .

DFARS 252.204-7004 Alt -“Required Central Contractor Registration” (Full Text)

DFARS 252.212-7001 “Contract Terms and Conditions Required To Implement Statutes Or Executive Orders Applicable To Defense Acquisitions Of Commercial Items” (Full Text) Note: See prescription for each clause and check applicable clauses.

Within DFARS 252.212-7001 check (if applicable):

• 252.225-7001 “Buy American Act And Balance Of Payments Program”

• DFARS 252.225-7002 “Qualifying Country Sources As Subcontractors”

• DFARS 252.225-7008 “Supplies To Be Accorded Duty-Free Entry”

• DFARS 252.225-7009 “Duty-Free Entry - Qualifying Country End Products And Supplies”

• DFARS 252.225-7043 “Antiterrorism/Force Protection Policy For Defense Contractors Outside The United States”

FAR 52.232-35 “Designation Of Office For Government Receipt Of Electronic Funds

Transfer Information”

FAR 52.232-37 “Multiple Payment Arrangements”

FAR 52.237-2 “Protection Of Government Buildings, Equipment And Vegetation”

FAR 52.246-1 “Contractor Inspection Requirements”

FAR 52.246-16 “Responsibility For Supplies”

FAR 52.247-30 “F.O.B. Origin, Contractors Facility”

FAR 52.247-32 “F.O.B. Origin, Freight Prepaid”

FAR 52.247-35 “F.O.B. Destination, Within Consignees Premises”

FAR 52.247-65 “F.O.B. Origin, Prepaid Freight-Small Package Shipments”

4.6 Award Document Quick Audit Checklists

Use the checklists below to audit your award documents before releasing. Unnecessary modifications can occur when documents are released without being audited, thus reducing productivity. Enclosure 6, SAP Process Checklist, and the FISC SAP Index Sheets are recommended for your use to ensure all documentation is in the file.

For All Awards

• Is the purchase request and award number correctly displayed?

• Do the purchase request and award document Line of Accounting match up?

• If funding was increased or decreased, does the award document reflect it properly?

• Ensure Discount Terms are included if applicable.

Use Net 15 if Fast Payment Procedure clause is included.

• Is the appropriate block checked for invoicing instructions? (Block 13 on the DD1155 and Block 18b on the SF1449) This is important because it directs the vendors billing office to send the invoices to the government for certification.

FSS/GSA Delivery Orders DD1155 and SF1449

• Ensure the Contract number is correctly displayed. This is not the delivery order number but rather, the contract number assigned by the agency that wrote the contract. An incorrect contract number will cause delays and incur modifications and rework.

Commercial Open Market SF1449

• Are necessary clauses included? (Refer to Clause Section of Phase 4)

• Are unnecessary clauses excluded?

PERFORMANCE BASED STATEMENTS OF WORK. The new emphasis placed on performance by acquisition reform initiatives has presented an awesome challenge to both Government procurement personnel and DOD contractors. Previously able to rely on "boilerplates" which incorporated MIL-SPECs and MIL-STDs, Government and industry are now, with the phasing out of MIL-SPECs and -STDs from the government-contracting arena, confronted with filling the void with the Performance-Based SOW. The new SOW must be a clear and concise document that emphasizes the use of non-Government specifications and standards. The content and format of the new SOW must conform to the new guidelines and directives a difficult task, given the ambiguous interpretations of these new directives.

A Performance-Based SOW describes what has to be accomplished without describing how the job must be done. For example, a task that requires a contractor to design a system to best meet the needs of the customer is performance oriented. It leaves the "how to" to the contractor. A performance-based description emphasizes acceptable results (Output). Accountability for final outcome is placed on the Contractor who will be responsible for achieving the required results. PBSOWs give offerors the opportunity and flexibility to use their expertise while absorbing a greater share of the risk for contract performance.

GUIDANCE ON WRITING A PERFORMANCE BASED STATEMENT OF WORK. Key elements to writing a good PBSOW are listed below:

a. Specify and clearly define what you want accomplished.

b. State your technical and schedule requirements in terms of desired results.

c. Clearly establish deliverables (what it is you want from the contractor) and other reporting requirements.

d. Any mandatory requirements should be limited to the Government’s actual minimum needs.

e. Be careful not to state tasks in a vague manner.

f. Cite only required references and leave out unnecessary requirements.

g. Avoid incomplete or unclear task descriptions that may be misinterpreted or inconsistently applied.

h. Do not over specify the requirement(s). Let the Offeror provide the best method of attaining the desired outcome.

A few of the web sites that can help you with writing Performance Based Statement of Work are:









Phase 5: Procurement Distribution & Reporting

5.1 Procurement Distribution

Once awarded, the customer and vendor must be provided copies of the award document. Email copies to both the customer and vendor and retain a copy of the distribution email for the file.

5.2 Contract Reporting

All actions obligating or deobligating funds shall be reported on the Contracting Action Report (CAR) at time of award.

Simplified Acquisition Award Documentation

PR Number:       Contract/Order Number:      

As the Buyer/Contract Specialist, I am recommending award to       at $      . My award recommendation is based upon the following:

1. Purchase Request DD 1449/NAVCOMPT 2276 approval from San Diego

2. Required sources of supply have been screened (FAR 8 / DFARS 208/ FAR 13.003)

FPI/UNICOR (FAR 8.6 / DFARS 208.6)

Not offered/not required for services.

Not comparable to commercial industry.

Comparable - Procured

Comparable - Waiver attached.

JWOD (NIB/NISH) (FAR 8.7 / FAR 13.003)

Not offered.

Item is essentially the same.

Purchase exception obtained.

Integrated Material Management (IMM) (DFARS 208.70)

No NSN found or Federal Supply Class (FSC) is not centrally managed

Urgency Impact Statement Attached

Purchase from System not in best interest of the Government in terms of quality, timeliness and cost.

>$100K – IMM has provided waiver to procure locally

Statement of the specific advantage of local purchase for an acquisition exceeding the micro-purchase threshold in FAR Part 2 is attached.

Coordinated Acquisition - Procurement meets the exception(s) listed in DFARS 208.7003-2:      

3. Preferred sources of supply reviewed (FAR 8.4 / DFARS 208.4/ FAR 13.003)

GSA Federal Supply Schedules (FSS)

Schedule no(s)       checked.

Items not available under schedule

Items available under GSA FSS number:      ; SIN:      

Expires:      

4. Other contractual sources reviewed (FAR 13.003)

DoD/DoN/IDTC/IDTPO/Local

Contract:      

Expires:      

5. Lease VS Purchase Analysis

Lease

Purchase

BEST VALUE ANALYSIS (FAR 8.4)

The placement of a delivery order under the referenced GSA FSS represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government's needs. Additional Comments:      

NOTE: This determination may be made based upon a review of MAS contracts by using “GSA Advantage!” on-line shopping service or e-Buy Electronic quote service, or by reviewing the catalogs or price lists of at least three schedule contractors. (Contractor Quotes/Price list information shall be included in the purchase file.) A separate price reasonableness determination is not required.

Factors considered (as applicable):

Price

Special features (salient characteristics)

Trade-in considerations

Probable life of the item selected as compared with a comparable item

Warranty provisions

Maintenance availability

Past performance

Environmental and energy efficiency considerations

Other:      

BUY AMERICAN ACT (DFARS 225) APPLICABLE TO FSS ITEM

Foreign Item Offered

Buy American Act Evaluation

Documentation in purchase file

Foreign Restriction Applies

Exception applies:      

AWARD ABOVE MAXIMUM ORDERING THRESHOLD

Price Reduction Obtained

Price Reduction Not Obtained, Explanation:     

FSS SERVICES > $150,000

Awarded in Accordance with DFARS 208.404-70

Contracting Officer Determination attached waiving competitive procedures

CENTRAL CONTRACTOR REGISTRATION (CCR) – (DFARS 204.73)

The contractor/vendor is registered with the CCR.

REPORTING REQUIREMENTS (DFARS 204 & 253)

DD Form 350 (All Actions) will be prepared

REVIEW AND SIGNATURE - Review Authority must be a PCO or Team Leader

As the Contracting Officer for this award, I have reviewed the above documentation and agree with the award recommendation discussed above.

Prepared By:

| | | |

|      | |      |

|Typed Name |Signature |Date |

Reviewed By:

| | | |

|      | |      |

|Typed Name |Signature |Date |

Enclosure (1)

MARKET RESEARCH (FAR 10)

Market research was conducted resulting in the following:      

COMMERCIAL DETERMINATION (FAR 2.101)

This supply was determined to be commercial based on (Provide detailed explanation for each selection):

The item is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental and has been offered or sold, leased, or licensed to the general public:      

The item evolved from a commercial item but is not yet available in the commercial marketplace, but will be available in time to satisfy the government’s requirements:      

The requirement is for a commercial item that has been modified to meet the government’s requirements:      

Other:      

The service is for installation, maintenance, repair, training, or other service for an item that meets the commercial item definition:      

The service is of a type offered and sold competitively at established catalog or market prices. Provide documentation/Explanation:      

Worksheet for Under $3000 buys

Other:      

SERVICE CONTRACT ACT (FAR 22.10)

The Service Contract Act is applicable for this award.

Wage determination obtained and incorporated in award

KO Determination to exempt

Contractor certification of SCA exemption in folder

COLLECTIVE BARGAINING AGREEMENT (FAR 22.10)

The Collective Bargaining Agreement is applicable for this award.

CBA submitted to the DOL and incorporated in award

Contractor CBA in folder with Wage Determination Number assigned.

TOTAL SMALL BUSINESS SET-ASIDE (FAR 19.5 / 19.10)

100% Small Business Set-Aside

>$10K – DD Form 2579 to Small Business Specialist

Withdrawn Total Set-Aside >$3000

$3000 - $10K – KO signs Withdrawal Memo

>$10K (DD Form 2579) - KO concurs or rejects – Small Business Specialist concurs or appeals

Small Business Competitiveness Programs (FAR 19.10 / DFARS 219.10)

Other Set-Aside (HUBZone/8A, etc.).      

BUY AMERICAN ACT (DFARS 225)

Buy American Act Evaluation

Foreign Restriction Applies

Foreign Item Offered

Small Business Set-Aside withdrawn

POSTING / SYNOPSIS (FAR 5)

$10K - $25K, WRITTEN RFQ posted on NECO (for 10 days)

>$25K and above

Requirement was synopsized.

Combined synopsis/solicitation

Requirement was not synopsized. The following FAR 5.202 exception applies:

National Security:      

Unusual and Compelling Urgency (Attach Justification)

FMS

Other Sources authorized/required by Statue:      

Delivery/Task order placed under FAR 16.5

Perishable subsistence supplies and advance notice is not appropriate or reasonable:      

Previous contract synopsized in sufficient detail to comply with FAR 5.207

NON-COMPETITIVE REQUIREMENTS

Sole source justification ................
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