Federal Procurement Process Steps
Federal Procurement Process Tasks and Steps
Note: The following tasks and steps are inherent to the procurement of contracts exceeding $100,000 for supplies and services and $5,000,000 for commercial items. Refer to the Federal Acquisition Regulation () or contact the Contracting Office for guidance on the processes and procedures relating to the procurement of contracts that do not meet these criteria.
For information on the ethical and funding guidelines you must follow throughout the Federal procurement process, refer to the Federal Procurement Process—Ethical and Funding Considerations lesson in the CMS Basics New Employee Orientation course.
|Task 1: Identify the Project Officer (PO)|
|Step 1: Complete the Project Officer |Once a decision is made to procure products or services, a PO must be identified. In order to serve as a PO, you or another identified person must |
|Training Course |complete the required Project Officer Training Course. In instances where this is not feasible, a waiver must be obtained prior to the establishment of a|
| |contract. The PO’s responsibilities include: |
| |Making certain that program requirements are clearly defined and the proposed contract is designed to fulfill those requirements |
| |Preparing the Request for Contract (RFC) and supporting documents |
| |Recommending contract changes to the Contracting Officer (CO) |
| |Helping ensure that competitive sources are solicited, evaluated, and selected and that the cost of the products or services the Government acquires is |
| |reasonable |
| |Ensuring compliance with all contract clauses and applicable laws and reporting any deviations to the CO |
| |Inspecting, accepting, or rejecting work |
| |Reviewing invoices and vouchers |
| |Submitting reports (e.g., periodic contract status report and report of final performance assessment) |
| |Additionally, Government Task Leaders (GTLs) or Government Task Monitors (GTMs) have similar responsibilities as the PO. |
| |Note: In the contract administration phase, the concept of GTL or GTM may sometimes be introduced. The utilization of GTLs or GTMs is most appropriate |
| |in the instance of a large software development effort where multiple activities need to be monitored or in the instance where there are multiple award, |
| |indefinite delivery/indefinite quality (IDIQ) task order contracts or blanket purchase agreements (BPAs) under which individual task orders are issued. |
| |These efforts represent acquisitions for which it would be impossible for a single PO to effectively monitor the performance and progress of a |
| |contract(s). |
|Task 2: Complete Preparation Activities |
|Step 1: Contact a CO |At the start of the procurement process, you must contact a CO in the Acquisition and Grants Group (AGG) in the Office of Operations Management (OOM). The|
| |CO is the only Government official with the authority to enter into, administer, or terminate contracts and make related determinations and findings. He |
| |or she will assist you with the coordination and execution of the entire procurement process. For this reason, it is imperative that the PO and CO |
| |maintain an effective working partnership. |
| |The CO’s responsibilities include ensuring that: |
| |All necessary actions for effective and legal contracting are performed (e.g., safeguarding the interests of the Government in its contractual |
| |relationships, making contract modifications, and closing out contracts) |
| |Sufficient funds are available for use |
| |Contractors receive impartial, fair, and equitable treatment throughout the procurement process |
|Step 2: Perform Market Research |Performing market research will give you a general idea of the types of products and services available in the commercial marketplace that meet the |
| |Agency’s identified need. The extent of your research will vary depending on a variety of factors related to the nature of the procurement. These |
| |factors include urgency, cost, and complexity. You should document all your research results. |
| |Obtaining information specific to the product and/or service you are procuring will help you identify: |
| |The size and availability of potential contractors and the products and/or services they offer |
| |Common practices regarding product and/or service customization or modification |
| |Cost estimates |
| |Techniques for conducting market research include: |
| |Contacting knowledgeable individuals in the Federal Government and industry |
| |Obtaining and reviewing the results of previous market research performed for similar projects |
| |Publishing formal requests for information in appropriate technical or scientific journals or business publications |
| |Searching Federal Government (e.g., ) and commercial databases and other procurement instruments |
| |Conducting communications/exchanges |
|Task 3: Determine the Method of |
|Contracting |
|Step 1: Review the Procurement |Every procurement project has specific requirements that will determine the method of contracting through which the procurement will take place. To |
|Requirements |ensure you select the appropriate method, review the following: |
| |The identified Agency need for which you are procuring products and services |
| |What the Agency wants to procure |
| |The purpose, timing, and amount of funding |
| |Quantities, timeframes, and delivery schedules |
| |Special requirements or conditions |
|Step 2: Review the Types of Contracting |There are three methods through which products and/or services can be procured: Sole source acquisition, competitive acquisition, and sealed bidding. In |
|Methods |order to determine which method to use, review the description of each below. |
| |Sole Source Acquisition. This method of contracting is used for the purchase (or proposed purchase) of supplies or services after soliciting and |
| |negotiating with only one source. |
| |Competitive Acquisition. This method of contracting is intended to foster an impartial and comprehensive negotiation process between the Government and |
| |potential contractors, leading to the selection of the proposal representing the best value to the Government. |
| |Sealed Bidding. This method of contracting employs a competitive bidding process in which the bids are opened and awarded in public. |
| |Evaluate the following additional consideration to help you finalize your contracting method selection: |
| | |
| |Contract type. Different types of contracts (e.g., fixed price, cost reimbursement, time and materials) are available to the Government and contractors |
| |in order to provide the needed flexibility in acquiring the large variety and volume of products and services required by many agencies. In most cases |
| |the Government announces which type of contract it intends to award. However, there are instances in which the contracting method you choose will dictate|
| |the type of contract that must be used. For example, for sealed bidding, a firm-fixed-price contract must be employed. If you are unsure which type of |
| |contract applies to your procurement situation, refer to the Federal Acquisition Regulation or contact your CO. |
|Step 3: Match the Procurement |After you have completed steps 1 and 2, you will then need to compare the identified procurement requirements with the features of each contracting |
|Requirements to the Appropriate Contract|method. This will allow you to eliminate those methods that would not result in an award that represents the best value business determination for the |
|Type |Government. |
|Task 4: Prepare the Request for Contract |
|(RFC) |
|Step 1: Review the Components of the RFC |Essentially, the RFC is a request for contract that is ultimately submitted to the AGG. The RFC consists of a Statement of Work (SOW) and supporting |
| |materials. It is critical that you include all the required items in the RFC to ensure that the procurement process continues to move forward in a timely|
| |manner. |
|Step 2: Prepare the SOW |The SOW is the most critical element of the RFC. It provides detailed information on the technical requirements and deliverables of the impending |
| |procurement. You are responsible for preparing an accurate and complete SOW, which includes communicating in detail the: |
| |Purpose, goals, and objectives of the project |
| |Tasks to be performed |
| |Types of deliverables required |
| |Deliverable schedule |
| |Period of performance (i.e., the length of the project in terms of weeks, months, or years) |
|Step 3: Prepare Supporting Materials |In addition to the SOW, you must prepare supporting materials that include: |
| |Non-priced evaluation factors for evaluating technical proposals |
| |An estimated cost and fund citation ( i.e., form 393) |
| |An in-house government cost estimate |
| |Potential sources |
| |Required program clearances |
| |If you are unsure how to prepare a SOW and/or the supporting materials, consult your CO and/or other experienced project officers within your group. |
|Step 4: Submit the RFC for Approval |You must submit the RFC to the AGG for approval. If the AGG determines that any part of the package is incomplete (most commonly the SOW), an AGG |
| |representative will contact you with questions and requests for revisions. These types of back-and-forth interactions may delay the procurement process |
| |and prevent the timely award of a contract. |
| |Once the AGG approves the RFC, it is certified with a red accounting stamp. The stamped RFC is known as a certified 393. This means that that funds have|
| |been committed for the impending procurement and committed in the accounting system. |
|Task 5: Prepare the Request for Proposal |
|(RFP) |
|Step 1: Assist the CO |The CO prepares an RFP (i.e., solicitation) to obtain information from prospective contractors. The RFP outlines the Agency’s requirement and requests |
| |proposals for addressing the Agency’s need and a price quote for implementing the proposed solution. |
| |Although it is the CO’s responsibility to prepare and publish the RFP, you may be required to answer questions, provide additional information, and/or |
| |review documentation. |
|Task 6: Evaluate the Proposals |
|Step 1: Select the Proposals To Be |You will need to establish a technical evaluation panel to review all submitted proposals. This panel is primarily composed of staff from the CMS Centers|
|Negotiated |and Offices. |
| |All proposals (i.e., technical and business) are first evaluated by the evaluation factors specified in the RFP. The strengths, weaknesses, deficiencies,|
| |and risk level of each proposal must be identified in a narrative format and included in the technical evaluation panel’s report to the CO. |
| |Next, the panel evaluates each technical and business proposal against the evaluation and scoring methodology set forth in the RFP. After all the |
| |proposals have been evaluated, the CO will make a competitive range determination as to which contractors the Government will enter into negotiations |
| |with. Proposals that are not determined to be in the competitive range will no longer be considered for an award. |
|Step 2: Conduct the Negotiations |Based on the technical evaluation panel’s recommendations, the CO conducts price and contract type negotiations with the contractors. During this time |
| |you may be required to answer questions and/or provide information. |
| |The CO is responsible for conducting negotiation with the offerors. However, the PO (and other members of the technical evaluation panel, as appropriate)|
| |is a critical member of the Federal Acquisition Team in regards to technical issues/clearances and determining cost reasonableness. |
| |Though the CO is responsible for conducting the negotiations, input from your Office or Center (i.e., the Project Office) and other members of the |
| |technical evaluation panel, as appropriate, is critical for determining cost reasonableness and addressing technical and clearance matters. |
| |Depending on the length and complexity of the negotiations, the technical evaluation panel may or may not convene to evaluate final technical proposal |
| |revisions. |
|Task 7: Award the Contract |
|Based on the results of the negotiations, the CO awards the contract to the contractor who offers the best value to satisfy the Government’s requirements. The award decision is made available |
|for public record. |
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