Acquisition Process C5ISR Conference – Small

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18 NOV 2010
Space and Naval Warfare Systems
Center Atlantic
Acquisition Process
C5ISR Conference – Small
Business Track
Donna Murphy
2.0 Contracts Competency
1
1
Topics
▼ SSC-LANT Acquisition Process
 Overview of the e-Commerce Tool
 Relevancy of Market Surveys
 Small Business Subcontracting Plans
 Past Performance Requirements
▼ Questions
2
Overview of the Acquisition Process
▼ 5 Primary Phases
 Planning
 Solicitation
 Evaluation
 Award
 Post Award
3
Planning Phase
START
Acquisition
Planning
Contract Planning
Conference
Define
Requirements
Other than
Full and
Open
Competition?
Yes
Justification &
Approval (J&A)
No
Existing
Contract?
Contract Initiation
Request /
Approval
Market Research
AS / AP
Guidance
- Contract Types
- CPC Baseline
Procurement
Request (PR)
- Small Business
Requirements /
DD 2579
Sections B-M
SOW/PWS/QASP
Navy ERP /
PD2
Request for
Proposal (RFP)
Development
CDRLs
DD 254
Federal
Business
Opportunities
(FedBizOpps)
Source Selection
Plan Development
4
Solicitation Phase
Synopsis
(FedBizOpps)
Finalize
RFP
Peer Review
(if applicable)
Issue RFP
via
E-Commerce
Yes
Amendments
Needed?
Issue RFP
Amendments
No
Receipt of
Proposals
via
E-Commerce
Download
Proposals
Receive Hard
Copy
Proposals
(As Applicable)
5
Evaluation Phase
Review
Proposals
for Compliance
Yes
Discussions?
Technical
Evaluation
Board (TEB)
Kick-Off
Source
Selection
Process
No
Establish
Competitive
Range
Conduct
Discussions
Receive
Final
Proposal
Revisions (FPRs)
Evaluate
FPRs
Source
Selection
Authority
Decision
Business
Clearance
Approval
6
Award Phase
Yes
Issue Letters
SB Notification?
Contract
Award
Contract
Distribution
No
No
Public
Announcement?
Notice to
Unsuccessful
Offerors/
Debriefing
Information
Yes
Defense
Link
News
7
Post-Award Phase
Yes
Is there
a Protest?
Yes
Manage
Protest
Issue
Task
Orders
IDIQ
Contract?
No
Post Award
Conference
Perform
Contract
Administration
Functions
(DCMA/PCO)
No
Perform
CPARS
Evaluation(s)
Contract
Close Out
8
E-Commerce Tool
URL: https://e-commerce.spawar.navy.mil/command/02/acq/navhome.nsf/
homepage?readform
9
E-Commerce Tool (Cont’d)
▼ Vendors User Guide
 Located on the left-hand side of the e-Commerce Central website
 Provides detailed information on system operation, user
registration, etc.
 Highly recommend that you become familiar with the e-Commerce
tool prior to responding to a SPAWAR requirement
10
Market Surveys
▼ Federal Acquisition Regulation (FAR) Part 10
 Prescribes policies and procedures for conducting market
research
 Market Research is required before soliciting offers for
procurements above the simplified acquisition threshold (currently
$150K)
 Market Research results are used to:
− Determine if sources capable of satisfying the agency’s needs
exist
− Determine if commercial items are available to suit the
agency’s needs
11
Market Surveys (Cont’d)
▼ Defense Federal Acquisition Regulation Supplement
(DFARS) Part 210 Further Advises That Results Should Be
Used To Determine If The Criteria In FAR Part 19 (Small
Business Programs) Are Met
 Should the acquisition be set-aside for small business
participation (i.e., is there reasonable expectation that at least 2
responsible small businesses within the assigned NAICS Code
would submit offers with award at a fair and reasonable price)?
 Within the small business arena, do any of the preference
programs apply (e.g., 8(a), HUBZone, SDVOSB, etc.)?
12
Market Surveys (Cont’d)
▼ Extent of Market Research Varies Based On Factors Such
As:




Urgency
Estimated dollar value
Complexity
Past Experience






Individual knowledge of market capabilities to meet requirements
Publishing formal requests for information
Querying available government databases
Reviewing source lists for similar items
Reviewing catalogs
Conducting interchange meetings, presolicitation conferences,
etc.
▼ Market Research Techniques Include:
13
Market Surveys (Cont’d)
▼ Market Research Results Should Be Documented In A
Manner Appropriate To The Size And Complexity Of The
Acquisition
▼ Who Performs Market Research?
 Acquisition Team:
− Contract Specialist
− Contracting Officer
− Technical/Requirements Personnel
14
Market Surveys (Cont’d)
▼ Are There Specific Policies/Procedures Applicable To
SPAWARSYSCEN Atlantic Procurements?
 Market Research is not required for Simplified Acquisition
procurements; however, basic market research should be
conducted to determine if commercial items are available to
satisfy the requirement
 Formal Market Research Involves:
− Posting a market survey/sources sought notice in Federal
Business Opportunities (via e-Commerce)
− Analyzing the market survey results to determine the
appropriate acquisition strategy (e.g., full and open
competition, small business set-aside, 8(a) set-aside, etc.)
− Notification to respondents of market survey analysis results
(new process)
15
Market Surveys (Cont’d)
▼ What Is Included In The Market Survey/Sources Sought
Announcement?
 General description of the planned requirement
− Supplies – List of equipment required and/or specifications
− Services – List the various task areas of support services
required, along with estimated percentage of each in terms of
total effort
− Applicable NAICS Code and Size Standard
− General planned contract information (type, est $, etc)
 Interested parties are requested to indicate the percentage of
work their specific company can perform as it relates to the
individual task areas identified (only include information for your
firm)
16
Market Surveys (Cont’d)
▼ What Is Included In The Market Survey/Sources Sought
Announcement? (Cont’d)
 Interested parties are requested to submit documentation to
substantiate that they possess the requisite capabilities to perform
the applicable task area(s). Examples include:
− General information about your firm (name, address, etc.)
− Business size, annual revenue (past 3 years), etc.
− Number of years in business
− Points of contact
− Affiliate information
 Standard template used
17
Market Surveys (Cont’d)
▼ What Is Included In The Market Survey/Sources Sought
Announcement? (Cont’d)
− List of customers with which you have performed similar work
within the past 5 years (including a summary of the work,
contract type, dollar value, relationship of work to the stated
capability percentages, customer point of contact)
− Information related to whether you have an approved
accounting system or not (FAR 16.301-3 – cost reimbursement
contract may be used only when the contractor’s accounting
system is considered adequate for determining costs
applicable to the contract)
− Any other information pertinent for establishing capabilities
18
Market Surveys (Cont’d)
▼ Are There Guidelines For Determining Business Size?
 FAR Subpart 19.102 – Size Standards
− Small Business size standards are applied by
− Classifying the product or service being acquired in the industry
according to the applicable North American Industry Classification
System (NAICS) Manual (available via the Internet at
http://www.census.gov/epcd/www/naics.html)
− Identifying the size standard SBA established for that industry
− Specifying the NAICS Code and Size Standard in the solicitation
so that offerors can represent themselves as either a Large or
Small Business
− A procurement is classified in only one industry. If the requirement
contains items/tasks covering multiple industries, the size standard
accounting for the largest percentage of the contract price will be
selected.
19
Market Surveys (Cont’d)
▼ FAR Clause 52.219-14 “Limitations on Subcontracting”
 By submission of an offer, the offeror agrees that in performance
of the contract:
− Service Contracts - At least 50 percent of the cost of contract
performance incurred for personnel shall be expended for
employees of the concern
− Supply Contracts (except non-manufacturer) - The concern
shall perform work for at least 50 percent of the cost of
manufacturing the supplies, not including the cost of materials
20
Market Surveys (Cont’d)
▼ How is the Acquisition Strategy Determination
Documented?
 DD Form 2579 (Small Business Coordination Record)
 Market research analysis results attached
▼ Who Approves The Acquisition Strategy Determination?
 Concurrence by the Contracting Officer and Small Business Office
 Review by the cognizant Small Business Administration
Representative
21
Small Business Subcontracting Plans
▼ FAR Subpart 19.7 – The Small Business Subcontracting
Plan Program
 Acquisitions expected to exceed $650K and that have
subcontracting possibilities require the apparent successful offeror
to submit a subcontracting plan
 Subcontracting Plans are not required:
− From Small Businesses
− For contracts/contract modifications that involve performance
entirely outside the US and its outlying areas
22
Small Business Subcontracting Plans (Cont’d)
▼ FAR Subpart 19.704 – Subcontracting Plan Requirements
 Separate goals for small business, veteran-owned small business,
service-disabled veteran-owned small business, HUBZone small
business, small disadvantaged business, and women-owned
small business
 Total dollars planned to be subcontracted, with further division to
categories identified above
 Description of the principal types of supplies and services planned
to be subcontracted
 Description of method used to develop subcontracting goals
 Description of method used to identify potential sources
 Statement regarding whether indirect rates were included in
establishing the goals
23
Small Business Subcontracting Plans (Cont’d)
▼ FAR Subpart 19.704 – Subcontracting Plan Requirements
(Cont’d)
 Point of contact for plan administration
 Description of efforts the offeror will make to ensure the various
small businesses have an equitable opportunity to compete for
subcontracts
 Assurances that the offeror will comply with flow-down clause
requirements
 Assurances that the offeror will comply with applicable reporting
requirements
 Description of records that will document plan compliance
24
Small Business Subcontracting Plans (Cont’d)
▼ FAR Subpart 19.705-4 – Reviewing the Subcontracting
Plan
 Contracting Officer must review for adequacy as it applies to the
particular acquisition
− Comparison to previous acquisitions for same/similar work
− Comparison to offeror’s historical achievements for
same/similar work
 Goals should be set at a level that the parties can reasonably
expect can result from the offeror’s good faith efforts to use the
various small businesses to the maximum extent practicable
 Involve the cognizant Defense Contract Administration Agency
(DCMA) in reviewing offeror’s past performance related to
subcontracting efforts/achievements
 Obtain advice and assistance from the cognizant Small Business
Specialist and SBA Procurement Center Representative (PCR)
25
Small Business Subcontracting Plans (Cont’d)
▼ Failure to negotiate an acceptable Subcontracting Plan will
cause the offeror to be ineligible for contract award
▼ The approved Subcontracting Plan is incorporated into the
contract
 Copies of the contract award are distributed to the cognizant:
− SBA Office
− SBA PCR
− DCMA
26
Small Business Subcontracting Plans (Cont’d)
▼ What Happens After Contract Award?
 DCMA responsible for monitoring, evaluating, and documenting
contractor performance in accordance with FAR Clause 52.219-9
(Small Business Subcontracting Plan) and FAR Clause 52.219-16
(Liquidated Damages)
 DCMA is to notify the contracting officer if, during contract
performance, the contractor is failing to comply in good faith with
the subcontracting plan
 DCMA provides final report at time of contract completion
regarding contractor’s overall compliance with the subcontracting
plan
27
Small Business Subcontracting Plans (Cont’d)
▼ How Is “Failure to Make Good Faith Effort” Defined?
 Contractor’s willful or intentional failure to perform in accordance
with the subcontracting plan
▼ What Are Liquidated Damages?
 If the contractor has failed to demonstrate good faith efforts in
complying with the plan, liquidated damages will be assessed
 The amount of probable damages is equal to the actual dollar
amount by which the contractor failed to achieve each
subcontracting goal
28
Proposal Evaluation
▼ Competitive Procurements Over $1M:
 Mandatory Factors
− Corporate Experience
− Past Performance
− SB & SDB Participation (non-set asides)
− Business Proposal Factors
 Optional Technical Factors
− Personnel Qualifications
− Technical Approach/Management Plan
− Facility Information
− Sample Tasks
− Oral Interview
29
Proposal Evaluation (Cont’d)
▼ Corporate Experience Data:
 Corporate Experience data is to be submitted from the prime
offeror and any proposed significant subcontractors for current
contracts involving efforts similar and relevant to the requirements
of the Request for Proposal
▼ Elements
 Currency
 Relevancy
▼ Method
 Prime and Significant Subcontractors Only
 Number of References
 Reference Information Sheet
30
Proposal Evaluation (Cont’d)
▼ Currency:
 Defined in Section L of the solicitation
 Sample definition:
− Current contracts are considered to include work performed
within the last five (5) years.
▼ Relevancy:
 Defined in Section L of the solicitation
 Sample definition:
− Relevant is defined as a contract equal to or exceeding
$5,000,000 (prime contractor) for efforts similar in scope to the
requirements of this Request for Proposal.
31
Proposal Evaluation (Cont’d)
▼ Significant Subcontractor:
 Defined in Section L of the solicitation
 Sample definition:
− A significant subcontractor is defined as a subcontractor (or
teaming partner) that will be performing at least twenty percent
(20%) of the total proposed labor hours.
32
Proposal Evaluation (Cont’d)
▼ Number of References:
 Defined in Section L of the solicitation
 Sample definition:
− This data shall be submitted for at least one (1) but no more
than three (3) of your most current and relevant contracts. This
number applies to each team member, i.e., the prime
contractor may submit data for no more than three (3) current
and relevant contracts, and each significant subcontractor (or
teaming partner) may submit data for no more than three (3)
current and relevant contracts. If you do not have three (3)
relevant Federal Government contracts, then provide data on
state and local government or commercial contracts, in that
order, to complete this report.
33
Proposal Evaluation (Cont’d)
▼ Reference Information Sheet:
 Provided as an Attachment to the RFP.
 Provides format for submission of Corporate Experience data.
 Includes “Experience Matrix” which contains those key PWS/SOW
elements for which specific Corporate Experience information
must be provided, along with the level of the offeror’s experience
(i.e., prime or subcontractor).
34
Proposal Evaluation (Cont’d)
▼ How is Corporate Experience Evaluated?
 Evaluated to determine similarity to nature, scope, complexity,
and difficulty to that which must be performed under the
prospective contract contemplated by the solicitation. The more
similar and relevant the work performed for the reference is to the
contemplated work, the more valuable the experience is to the
Government.
 The objective of the evaluation is to (1) determine the degree to
which the offeror has previously encountered the kinds of work,
uncertainties, challenges, and risks that it is likely to encounter
under the prospective contract; and (2) develop insight into the
offeror’s relative capability and the relative risk associated with
contracting with the offeror.
35
Proposal Evaluation (Cont’d)
▼ How is Corporate Experience Evaluated? (Cont’d)
 Only those Contract References provided by the Prime and
Significant Subcontractors will be evaluated. If reference
information is provided by a subcontractor that does not meet the
RFP’s definition of a “significant subcontractor”, that reference
data will not be evaluated.
 Corporate Experience reference data is limited to companies that
are expected to perform the planned effort (i.e., included in the
technical and cost/price proposal data submission, with assigned
labor category hours and teaming arrangements). Reference
data for any company, division, subsidiary, etc., that is not
included in the technical and cost/price proposal for the planned
effort will be not considered.
36
Proposal Evaluation (Cont’d)
▼ How is Corporate Experience Evaluated? (Cont’d)
 Only those Contract References that are determined “relevant and
current” will be evaluated. It is imperative that the offeror describe
how the contract is relevant to the specific task elements
contemplated on the proposed contract. If the Government is
unable to determine the relevancy of the contract reference, the
score may be adversely affected.
37
Proposal Evaluation (Cont’d)
▼ Past Performance Data
 Past performance information is to be provided for each of the
contract references provided under the Corporate Experience
element.
 Offerors that have no record of past performance (i.e., new
businesses) must submit a signed and dated statement to that
effect.
▼ Method
 Past Performance Questionnaire
 Contractor Performance Assessment Reporting System
(CPARS)
 Past Performance Information Retrieval System (PPIRS)
38
Proposal Evaluation (Cont’d)
▼ Past Performance Questionnaire:
 Provided as an Attachment to the RFP.
 Provides format for submission of Past Performance data.
 Standard set of questions that address elements such as Quality,
Schedule, Cost Control, Business Relationships, and Key
Personnel
 Offerors forward the Questionnaires to the appropriate Agency
POC’s for the contracts cited on the Reference Information
Sheets.
 Agency POC’s evaluate the offeror’s contract performance for the
various elements in accordance with the established rating
scheme.
 Upon completion of the evaluation, Agency POC forwards the
Questionnaire to the RFP’s designated Contract Negotiator.
39
Proposal Evaluation (Cont’d)
▼ CPARS & PPIRS
 If the Offeror’s Past Performance information is located in the
(CPARS) or the Past Performance Information Retrieval System
(PPIRS) (as indicated on the Reference Information Sheet), then
it is not necessary for a Past Performance Questionnaire to be
submitted.
▼ How is Past Performance Evaluated?
 The Government will assess each offeror’s and proposed
significant subcontractor’s past performance. The assessment
will be an unbiased, judgment about the quality of an offeror’s
past performance.
 Past performance is a measure of the degree to which an offeror
satisfied its customers in the past and complied with the
statement of work, contract schedule and contract terms and
conditions. Past performance is also a measure of the risk of
performance associated with the offeror.
40
Proposal Evaluation (Cont’d)
▼ How is Past Performance Evaluated? (Cont’d)
 Evaluated for those Contract References cited under the
Corporate Experience factor (i.e., Reference Information Sheet).
 Any Past Performance data received on a Contract Reference
that has been determined “non-relevant” and/or “non-current” will
receive a mid-point rating (i.e., “neutral” - evaluated neither
favorably nor unfavorably).
 For offeror(s) that have submitted a certification statement that
they are a “new business” and the Government has no
information available regarding the offeror’s past performance,
that offeror will receive a mid-point rating (i.e., “neutral” evaluated neither favorably nor unfavorably).
41
Proposal Evaluation (Cont’d)
▼ How is Past Performance Evaluated? (Cont’d)
 The overall score will be based on the average of contract
responses received (or CPARS/PPIRS information available).
The overall score will be normalized based upon the level of
participation of the various team members.
▼ SB & SDB Participation Data: (Applies to full & open
competitions)
 Offerors are to provide information related to the extent of
participation with small and small disadvantaged businesses in
performance of this contract.
 Offerors (large and small businesses) shall provide information
concerning subcontracting, teaming or joint venture
arrangements.
42
Proposal Evaluation (Cont’d)
▼ SB & SDB Participation Data: (Cont’d)
 Method
− Small Business Participation Data Form. Provided as an
Attachment to the RFP.
▼ How is SB & SDB Participation Evaluated?
 Offerors will be evaluated on the extent to which they identify and
commit to small business and small disadvantaged business
participation in the contract. This evaluation applies to large
business proposals and small business proposals. The Small
Business and Small Disadvantaged Business Offeror’s own effort
will be considered in the evaluation of this factor. Large business
participation whether as a prime contractor or a subcontractor will
not be credited for Small Business Participation
43
Tips For A Successful Proposal
▼ Technical proposal does not simply reiterate the PWS
requirements. Instead, information cites specific examples
of work performed and how it meets and/or exceeds the
current requirements
 What sets your company and/or proposed team apart from the
rest?
 Remember – Demonstrating capabilities that “meet” the
requirements is typically evaluated as a “satisfactory” or
“acceptable” response. Demonstrating relevant capabilities
beyond that set forth in the RFP is typically evaluated as “very
good” or “exceptional”
44
Tips For A Successful Proposal (Cont’d)
▼ Be Realistic
 Have you appropriately planned for proposing on a requirement?
 Does your company have the requisite experience to successfully
perform the requirement?
 Can you comply with any personnel qualification requirements?
 Can you comply with any facility requirements?
▼ Continue to check e-Commerce for the latest information
45
Tips For A Successful Proposal (Cont’d)
▼ Don’t wait until the last minute to submit your proposal
 Depending on file sizes and system capabilities, file transmission
may take some time
 Make sure you are familiar with the e-Commerce proposal
submission guidelines
− User requirements
− Register early!
− Naming conventions
 If electronic proposal submission is not completed by the stated
closing date and time, the offer will be considered “late” and will
not be evaluated!
− Reference FAR 15.208 for proposal submission requirements
46
Tips For A Successful Proposal (Cont’d)
▼ Check and double-check for errors
▼ Proposal rates are comparable to rates on file with DCAA
▼ Proposal is concise & relevant to the evaluation criteria
▼ Proposal complies with submission requirements and
addresses all required elements
▼ Proposal offers innovative approaches to the task
requirements that demonstrate value to the government
▼ Proposed Cost/Price is competitive
▼ Professional Employee Compensation Plan is compliant
with RFP requirements
47
2.2 SSC LANT Organization Chart
WILLIAM PAGGI
CHIEF OF THE CONTRACTS OFFICE
2.0
Administrative Officer
Kathy McLeland
Non-ACAT Contracts
2.2
Donna Murphy
ACAT Contracts
2.1
Command & Control
Contracts
2.2.1
Kathy Breitkreutz
2.2.1.1
5.2
2.2.1.2
5.3
Business Systems/EIS
Contracts
2.2.2
Audrey Orvin
2.2.2.1
5.1/5.9
2.2.2.2
5.4
2.2.2.3
NOLA
DCAA LIAISON
Connie Turner
Policy & Strategic Initiatives
2.3
Kristy Penninger
Comms & Networks
Contracts
2.2.3
Steve Harnig
2.2.3.1
5.5
2.2.3.2
5.7
2.2.3.3
Tidewater
Information Assurance
Contracts
2.2.5
Lisa Rosenbaum
2.2.4.1
5.6
Requirements
Development
IPT
Jim Crawley
2.2.4.2
5.8
48
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