SOLICITATION DEVELOPMENT (RFP) &
FEDERAL ACQUISITION REGULATIONS
(FAR) OVERVIEW
PRESENTED
BY
The Acquisition Institute Inc.
MORNING (AM)—FAR OVERVIEW
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Understanding the FAR, clauses and provisions
Clauses/provisions Q&A period
AFTERNOON (PM)—SOLICITATION DEVELOPMENT
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Developing an IFB or RFP
Asking the Right Questions
Contract types—with your solicitation (how it affects outcomes)
Request for Proposal (RFP) Process diagramed
What an RFP contains and why—The Uniform Contract Format
Assessing Risk—Should firms respond to an RFP? Why?
Reviewing the RFP document requirements-what’s good or bad
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Described legal requirements of what vendors
are expected to do is based on what’s described
in the Government Solicitation. Impacts how a
firm proposes to perform work if awarded a
Government grant, contract or agreement.
Controls or impacts the systems, procedures, or
processes vendors use to produce products or
deliverables….for government.
Government Directives
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Congressional Role
◦ General legislation (e.g., Procurement Integrity
Act, 41 U.S.C. 423)
◦ Annual Appropriations Acts
◦ General Accountability Office
The FAR System:
◦ Title 48 of the Code of Federal Regulations (CFR)
which has 57 Chapters
◦ The FAR is Chapter 1 of Title 48 CFR
Legislation passed ends up being codified in the
FAR and becomes the basis for procurement. It is
an ongoing process…
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The FAR System
◦ Title 48 of the Code of Federal Regulations
◦ 57 Chapters and the FAR is Chapter 1.
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The FAR Numbering System
3.104-3
Part
Subpart
Section
Subsection
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Agency FAR Supplements
◦ Supplement citations combine CFR Chapter number
and corresponding FAR section. Example:
FAR 16.402-2
216.402-2
AFARS 5116.402-2
DFARS
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How to Keep Current
◦ http://www.farsite.hill.af.mil or
◦ http://www.acquisition.gov/far/
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How to Determine if a Clause, Provision or
Form Should Be Included in the Contract
◦ FAR Matrix (FAR 52.301)
◦ FAR Prescription of Clauses (e.g., 15.209)
◦ FAR Prescription of Forms (e.g., FAR 15.210)
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Numbering System for Clauses and Provisions
52.215-1
Clause/Provision number
Indicates
FAR
Indicates
FAR subpart
Subpart 52.2
Applicable FAR Part
Clause/Provision Number
Applicable FAR Part
FAR
Matrix (Acronyms)
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15.209 -- Solicitation Provisions and Contract Clauses.
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When contracting by negotiation (Part 15) -(a) The contracting officer shall insert the provision 52.215-1,
Instructions to Offerors -- Competitive Acquisition, in all
competitive solicitations where the Government intends to
award a contract without discussions, etc…..
(b)
(1) The contracting officer shall insert the clause at 52.215-2
Audit and Records-Negotiation (10 U.S.C. 2313, 41 U.S.C.
254d, and OMB Circular No. A-133), in solicitations and
contracts except those for -(i) Acquisitions not exceeding the simplified acquisition
threshold, etc
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“Guiding Principles” (1.102)
FAR Conventions (1.108)
◦ Delegation of authority. Each authority is
delegable unless specifically stated otherwise
◦ Imperative sentences.
FAR deviations (1.4)
Determination and Findings (D&F)
◦ Subpart 1.7 describes how to document
decisions required by statute or regulation as
prerequisite to taking certain contracting
actions.
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Part 2 definitions apply throughout FAR
Definitions applicable only to a Part or
Subpart are included in the relevant Part or
Subpart
Applicable to contracts via the “Definitions
Clause” (52.202-1)
Some examples:
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“agency head”
“contracting activity”,
“must” and “shall”
“United States”
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Safeguards (3.1)
◦ Certificate of Independent Pricing
◦ The Procurement Integrity Act
Procurement Integrity (3.104)
 Contractor Gratuities (3.2) – Not always
obvious!
 Reporting Suspected Antitrust Violations
(3.3)
 Contingent Fees (3.4)
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Other Improper Business Practices (3.5)
◦ Buying-in
◦ Subcontractor Kickbacks
◦ Restrictions on subcontractor sales
Voiding Contracts for Violations (3.7)
 Protection for Whistleblowers (3.9)
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Contractor Code of Business Ethics and Conduct
(3.10)
Preventing Personal Conflicts of Interests (3.11)
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Contract Execution (4.1)
Contract Distribution (4.2)
Paper documents (4.3)
Safeguarding Classified Information Within Industry (4.4)
Electronic Commerce in Contracting (4.5)
Contract Reporting (4.6)
Contractor Record Retention (4.7)
Government contract files (4.8)
Taxpayer ID number (4.9)
Contract Line Items (4.10)
System for Award Management (SAM) (4.11)
Representations & Certifications (4.12)
Personal Identity Verification (4.13)
Reporting Executive Compensation (4.14)
American Recovery and Reinvestment Act—
Reporting Requirements (4.15)
Unique Procurement Instrument Identifiers
(PIID) (4.16)
Service Contract Inventory (4.17)
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Dissemination of information (5.1)
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Synopsize proposed contract actions over $25K at:
www.fbo.gov (5.2)
Synopsize contract awards (5.3)
Release of Information (5.4)
Paid Advertisements (5.5)
Multi-Agency Use Contracts (5.6)--
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◦ Increases competition and assists small businesses
www.contractdirectory.gov (govt wide database
of contracts)
Publicizing Requirements Under the American
Recovery and Reinvestment Act of 2009 (5.7)
Full and Open (6.1): The Default Rule
Full and Open Competition After Exclusion of
Sources (6.2)
Other than Full and Open Competition (6.3)
Sealed Bidding vs. Competitive Proposals (6.4)
Competition Advocate (6.5)
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Acquisition Plans (7.1) The Building Blocks for
the RFP and resulting contract award.
Economic Order Quantities (7.2)
Contractor vs. Government Performance (7.3)
◦ OMB Circular A-76 (May 2003)
◦ The Federal Activities Inventory Reform (FAIR) Act
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Equipment Lease vs. Purchase (7.4)
Inherently Governmental Functions (7.5)
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Excess Personal Property (8.1)
Federal Supply Schedules (8.4)
Acquisition of Helium (8.5)
Federal Prison Industries (8.6)
Acquisition from Non-profit agencies
Employing people Blind and Severely Disabled
(JWOD Act) (8.7)
Acquisition of Printing and related supplies
(8.8)
Leasing of motor vehicles (8.11)
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Responsibility (9.1)
◦ Preconditions for award
◦ General and special standards
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Qualification Requirements (9.2)
First Article Testing and Approval (9.3)
Suspension, Debarment & Ineligibility (9.4)
◦ http://epls.arnet.gov
◦ Certification requirements (52.209-5, 52.209-6)
◦ “Compelling Reason” exception (9.405)
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Organization and Consultant Conflicts of
Interest (OCI) (9.5) (Refer to 9.505).
Contractor Team Arrangements (9.6)
Part 10 – Market Research
◦ Why do it?
◦ Who does it?
◦ How is it done?
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Part 11 – Describing Agency Needs
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Order of precedence (11.101)
Describing needs in terms of specs, SOW/PWS/SOO
Acceptable materials requirements
Liquidated damages
Priority and allocation system (DPAS)
11
Subparts
 11.1 Selecting & Developing Requirements Docs
 11.2 Using & Maintaining Requirements Docs
 11.3 Acceptable Material
 11.4 Delivery or Performance Schedules
 11.5 Liquidated Damages
 11.6 Priorities and Allocations (DPAS)
 11.7 Variation in Quantity
 11.8 Testing
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General Requirements (12.1)
◦ Applicability
◦ “Deemed” commercial items (12.102(f), (g))
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Special Requirements (12.2)
Commercial Item Provisions and Clauses (12.3)
Unique Requirements regarding Terms and
Conditions (12.4)
List of Inapplicable Laws (12.5)
Streamlined Solicitation and Evaluation Methods
(12.6)
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Scope of Part 13 (13.000)
Procedures (13.1)--Legal effect of quotations
Purpose For and Description of Procedures
Actions at or below Micro-purchase Threshold (13.2)
◦ Under $2500--Government Purchase Card is preferred
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Simplified Acquisition Methods (13.4)
Fast Payment Procedures (13.5)
Commercial item test program (13.5)
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Use of Sealed Bidding (14.1)
◦ Once the preferred method of procurement
◦ Only FFP or FP/EPA contract types
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Solicitation of Bids (14.2)
Submission of Bids (14.3)
◦ Responsiveness
◦ Timeliness
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Opening Bids and Awarding the Contract
Two-Step Sealed Bidding: Part 1 RFP and Part
2 is call for sealed bid.
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Phase I: Pre-solicitation Planning Process
EFFORT
BEGINS
Receive
PR
Commercial
Item PART 12
MARKET
Research
NONCommercial
Item
Acquisition
Planning
(FAR 7.0)
Phase II: Solicitation Preparation and Release Process
Issue
Synopsis
FEDBIZOPS
Solicitation
Preparation & Source
Selection Planning (M)
Develop
PWS and
QASP
Issue
Solicitation
RFP and Source Selection Road Map
Solicitation Timeline
Phase III: Proposal Evaluation & Negotiation
CLOSING
DATE
Final
Proposal
Revision
AWARD W/O
DISCUSSIONS
EVALUATION
Hold
Discussions
Set the
Competitive
Range
Phase IV: Source Selection and Award
Final
Evaluation
Source
Selection by
CO / SSA
Notifications
&
Debriefings*
Maybe hold
more
Discussions
CONTRACT
AWARD
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Source selection processes & techniques (15.1)
◦ Low price/technically acceptable
◦ Tradeoff
◦ Oral presentations
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Solicitation and Receipt of Proposals (15.2)
 Exchanges with Industry (handout pre-award communication)
 Request for Proposals
 Contract format (UCF)
Uniform Contract Format
Part I- The Schedule (A through M)
Part II- Contract Clauses
Part III -- List of Documents, Exhibits, and Other
Attachments
 15.204-5 - Part IV -- Representations & Instructions
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15.204-1
15.204-2
15.204-3
15.204-4
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Industry response to Request for Information (RFI)
◦ Why is this important? Any ideas?
Industry response to Draft Performance Work Statement
(PWS)
◦ Why is this important?
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Industry response to Draft RFP
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Actual Industry response to RFP once released
◦ Why is this important? Again, another chance to correct
mistakes
◦ Off to the races!! Now it’s up to PARSONS
Everything rests with Industry Competition but if the
government writes a BAD PWS or Solicitation contractors
cannot make it ok.
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Industry Best Practices has adopted the following
PWS outline
Section C-1 Background
Section C-2 Acronyms and Definitions
Section C-3 Government Furnished Property
Section C-4 Contractor Furnished Property
Section C-5 Work or Tasking Descriptions
Section C-6 Technical Publications
Section C-7 Attachments or Technical Exhibits
The above format is just a guide-not set in
concrete!
Some of the traditional ways to do this
include issuing "sources sought" type notices
at FEDBIZOPPS; holding Industry Days; issuing
Requests for Information (RFI); and holding
pre-solicitation conferences.
Some work some don’t.
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Contact with vendors and suppliers for
purposes of market research is now
encouraged.
FAR 15.201(a) specifically promotes the
exchange of information "among all
interested parties, from the earliest
identification of a requirement through
receipt of proposals."
Exchange of Information can take place right
up until the Competitive Range is established
PART I - THE SCHEDULE
Section A Solicitation/Contract Form
Section B Supplies or Services And Price/Costs
Section C Description/Specification/Statement Of Work
Section D Packaging And Marking
Section E Inspection And Acceptance
Section F
Performance
Section G Contract Administration Data
Section H Special Contract Requirements
PART II - CONTRACT CLAUSES
Section I
Contract Clauses—per the FAR
PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
Section J
List Of Attachments
PART IV - REPRESENTATION AND INSTRUCTIONS
Section K Representations, Certifications And Other Statements Of Offerors
Section L
Instructions, Conditions, And Notices To Offerors
Section M Evaluation Factors For Award
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VENDOR POINT OF VIEW:
 WHEN REVIEWING AN RFP consider:
◦ What Contract Type is contemplated?
 Can be trouble if you accept the wrong type
◦ How are Contract Line Items (CLINS) structured?
 Sometimes payment is problematic by the CLINs and how they
are funded.
◦ PWS Tasking clear or loosely worded?
 When ambiguities abound, it cuts both ways!
◦ PWS Workload realistic or unrealistic? Exist at all?
 It one of the biggest issues we have with service contracts.
◦ When a PWS or RFP looks really bad—WALK AWAY
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WHEN REVIEWING AN RFP (Solicitation):
◦ Section B (The Pricing Schedule) you must see how the Govt. desires
for you to submit your quote or pricing. If it is FFP, all the risk is on
the vendor, if CR, all the risk is on the government, and somewhere
in between there are many hybrids and you must weigh the risk with
each contract type and CLIN structure.
◦ Section C (actual Performance Work Statement) if you haven’t fully
understood everything that the Program Manager and CO put in the
RFP, you could be missing something very crucial that your firm is
expected to do on the very 1st day of work- this can get you into
real hot water with the Government.
◦ Section D (about packaging and marking), if you screw this up you
might just have to foot the bill for expensive re-packaging or
marking to better meet required Government packaging or marking
standards.
◦ Section E (Inspection & Acceptance), you need to be aware of how
the Government QA team will monitor and access the quality of your
work…do it wrong and you’ll have costly re-work and nasty little
Contracting Officer Representative (COR) reports going to the KO
about your performance.
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WHEN REVIEWING AN RFP:
◦ In Section F (Deliveries or Performance) it may not seem
problematic, but delivery of goods to the wrong place or at the
wrong time and you’ll be in hot water with the Government KO and
PM.
◦ Section G (Contract Administration data), there is very important
info on the who, when, where and why of submitted invoices, and
other unique administrative issues the KO and COR have to properly
monitor the contract, such as Contractor submittals and
Certifications of Work, Reports, etc.
◦ Section H-(Special Contracting Requirements) this is an area
everyone must pay attention to because it is the catch all of the
solicitation. Bonding, Security Requirements, Ordering Procedures,
Contract Type, ADR process, Advertising of Award, SB SubK Plan,
etc.
◦ Section I- (Contract Clauses) you must pay particular attention to
the non-routine clauses that can come back to haunt you such asGovernment property management, Liquidated Damages,
Hazardous Material ID, Other Contract Terms & Conditions, SCA,
DBA, etc.
◦ READ AND KNOW THE CLAUSES-THERE IS NO EXCUSE
WHEN REVIEWING AN RFP:
◦ Section J (List of Attachments). This area contains
MANY documents that can directly impact your
company’s bottom line and how you’ll do work. Maps,
layouts, workload, special requirements, special tooling,
equipment listings, mandatory directives, and
applicable laws, etc…can all be found here (or should
be). Failure to read and understand what is listed in
Section J, and you’ll suffer the consequences.
Ignorance of the RFP is no excuse in the Federal Claims
Court.
◦ Section K- (Representations & Certifications) Today most
businesses have placed their Certs & Reps online at
“ORCA”. Make sure what you have indicated is factual.
Penalties exist for falsification.
◦ Section L- (Instructions, Conditions and Notices to Offerors)
is probably one of the MOST IMPORTANT areas in an RFP.
Here are but a few of the issues that come into play:
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WHEN REVIEWING AN RFP:
◦ SECTION M- (Evaluation Factor for Award) is the
MOST IMPORTANT areas in an RFP. Here are but a
few of the issues that come into play:
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PASS / FAIL METHOD
NUMERICAL AVERAGING
STANDARDIZED SCORING ON POINT SYSTEM
SCORING AND COLOR CODING
HYBRID SCORING
ETC…
LESS COMPLEX IS BETTER
◦ Source Selection Requirements (15.3)
◦ Mandatory evaluation factors include: past performance, quality,
cost and price, % small business participation, etc.
◦ Award on initial proposals-Is authorized if contractors are
advised of this possibility in the Request for Proposals (e.g.,
52.215-1)
◦ Exchanges with offerors include clarifications, communications
and discussions (15.306).
◦ Competitive range-includes all the most highly rated proposals,
unless the contracting officer reduces the number for efficiency
◦ Submission of final revised proposals-occurs when the
contracting officer determines that the discussions process has
been completed (BAFOS)
◦ The source selection decision-must represent the Source
Selection Authorities independent judgment.
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Contact pricing and the Truth in Negotiations
Act (TINA) (15.4)
◦ Negotiated contracts and mods over $650K
◦ Unless and exception applies
◦ Cost analysis vs. price analysis
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Notice requirements and debriefings (15.5)
◦ Pre-award debriefing process (15.505)
◦ Post-award debriefing process (15.506)
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Unsolicited proposals (15.6)
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Selecting the contract type (16.1)
Fixed-price contract types (16.2)
◦ Firm-Fixed Price
◦ Firm-Fixed Price w/EPA
◦ Fixed-Price Redeterminable
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Cost-reimbursement contract types (16.3)
◦ CPFF
◦ Cost Sharing
◦ Cost
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Incentive contracts: FPIF, FPAF, CPAF, CPIF
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Indefinite delivery contract types (16.5)
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◦ Definite quantity
◦ Requirements
◦ Indefinite quantity
Time and materials (T&M), labor-hour and
materials
Letter contracts (16.6)
REFER TO YOUR CONTRACT MATRIX
HANDOUT
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Factors to consider in selecting and negotiating
contract type include:
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A firm-fixed-price contract is suitable for acquiring
commercial items or for acquiring other supplies or
services on the basis of reasonably definite functional or
detailed specifications when fair and reasonable prices can
be established when -◦ (a) There is adequate price competition;
◦ (b) There are reasonable price comparisons with prior
purchases of the same or similar supplies or services made
on a competitive basis or supported by valid cost or pricing
data;
◦ (c) Available cost or pricing information permits realistic
estimates of the probable costs of performance; or
◦ (d) Performance uncertainties can be identified and
reasonable estimates of their cost impact can be made, and
the contractor is willing to accept a firm fixed price
contract.
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Part 17 – Special Contracting Methods
Multi-year contracting (17.1)
Options (17.2)
Leader Company (Sole producer)
Interagency acquisitions (e.g., the Economy Act)
(17.5)
◦ Management and Operating (M&O) contacts (used
by the Department of Energy) (17.6)
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Part 18 (Reserved) – What does this mean?
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Size standards:
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http://www.sba.gov/size/sizetable2002.html
Policies
How small business status is determined.
Set aside requirements
Certificates of Competency (COCs)
Small business subcontracting requirements
Use of price evaluation adjustment factors
Small Disadvantaged Business (SDB) Program
HubZone, VOSDB, VOSB, 8a, WOSB, Native
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Labor Policies (22.1)
Contract Work Hours & Safety Standards Act
(22.3)
Labor Standards for Contracts Involving
Construction (22.4)
Walsh-Healy Public Contracts Act (22.6)
Equal Employment Opportunity (22.8)
Ever hear of the Davis-Bacon or Service
Contract Acts?
Non-Discrimination Because of Age
Service Contract Act of 1965
◦ Service contracts over $2500
◦ http://www.wdol.gov/sca.aspx
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Professional Employee Compensation
Veterans, workers with disabilities and
children
A very useful website for keeping track of the labor law
requirements is:
http://www.dol.gov/esa/whd/contracts/index.htm
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Purchases of environmentally-preferred products
and services encouraged (23.2, 23.7)
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Hazardous material identification (23.3)
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Use of recovered materials encouraged (23.4)
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Drug-free workplace (23.5)
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Notice of delivery of radioactive material (23.6)
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Reporting requirements for contractors and the
Government (23.9, 23.10)
Part 24 – Protection of Privacy and Freedom of
Information
Part 25 – Foreign Acquisitions
◦ Buy American Act: Supplies and Construction
◦ Trade Agreements are an exception
◦ Evaluating foreign offers
◦ Trade sanctions and prohibited sources
http://www.treas.gov/offices/enforcement/ofac/sdn/t11
sdn.pdf
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Part 26 - Other Socio-Economic Programs
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Part 27 - Patents, Data and Copyrights
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General policy: Allow contractors to benefit
Patents
Patent rights under Government contracts
Rights in data and copyrights
Part 28 – Bonds and Insurance
Part 29 - Taxes
Located at FAR Appendix
Provide for standardized method of
accumulating and allocating costs
Key concepts:
◦ CAS Covered Contract
◦ Full Coverage – all CAS apply
◦ Modified Coverage – CAS 401, 402, 405 and 406
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CAS administration
◦ Disclosure Statement
◦ Adjust contracts for CAS changes
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Applicability of Part 31 (31.1)
Contracts with commercial organizations
(31.2)
◦ Direct vs. indirect costs
◦ Elements of allowability
◦ Specific categories of costs discussed
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Contracts with educational institutions (31.3)
Contracts with State, Local, and Federally
Recognized Indian Tribal Governments (31.6)
Contracts with non-profit organizations (31.7)
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Non-commercial item financing (32.1)
Commercial item financing (32.2)
Loan guarantees for defense work (32.3)
Advance payments for non-commercial
items 32.4)
Progress payments based on costs (32.5)
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Customary (80%/85%)
Unusual (higher percentage than customary)
Loss adjustments are possible
Risk of loss
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Collecting debts from contractors (32.6)
Contract funding (32.7)
Assignment of claims (32.8)
Prompt Payment Act (32.9)
◦ Invoice vs. financing payments
◦ When is a payment “late”
◦ Interest accrues automatically
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Performance Based Payments (32.10)
Protests (33.1)
◦ Agency protests
◦ GAO protests
◦ Protests to the courts (rarely used)
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Disputes and Appeals (33.2)
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The Contract Disputes Act (CDA) of 1978
Submission of a “claim”
Contracting Officer’s “Final Decision”
OH NO YOU DIDN’T!!
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Part 34 – Major Systems Acquisition
◦ General guidance and policy described
◦ More extensive coverage in agency regulations
◦ Title III contracting for national defense
 34.1 Testing, Qualifications and Use of Industrial
Resources under Title III, Defense Production Act
◦ Requires Competition
◦ Concept Exploration-Demonstration-Full Scale
Development-Full Rate Production
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Part 35 - Research & Development Contracting
◦ Used when goal is to advance knowledge, instead of
obtain a specific item or service
◦ Negotiated costs-reimbursement contracts are
generally used
◦ Government oversight of subcontractor selection
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Part 36 – Construction and Architect-Engineer
Contracts
◦ Unique aspects of construction contracting
◦ Design-Build contacting procedures
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Part 37 – Service Contracting
◦ Other specific Parts (e.g., Part 35) take precedence
(37.000)
◦ Advisory and Assistance Services (37.2)
◦ Performance Based Contracting (37.6)
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Part 38 - Federal Supply Schedule Contracting
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Part 39 - Acquisition of Information
Technology
◦ Modular contracting preferred
◦ Section 508 compliance required to ensure access
by persons with disabilities (see
http://www.section508.gov
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Part 41 – Acquisition of Utility Services
◦ GSA issues utility services acquisition policy
◦ GSA has area wide contracts for use by Federal
agencies that provide a pre-established contractual
vehicle for ordering utility services
◦ GSA has delegated authority to DoD and DOE
The Corporate Administrative Contracting
Officer CACO (42.6)
Indirect cost rates (42.7)
Disallowance of costs (42.8)
Bankruptcy (42.9)
Novation (42.12)
◦ Novation agreement when contractor wants
Government to recognize a successor in interest
Issue arises when contractor transfers
substantially all of its assets to another.
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Stop Work Orders (42.13)
Contract Performance Information (42.15)
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◦ What is evaluated? (42.1501)
◦ Provides data for past performance evaluation
http://www.ppirs.gov
◦ Contractor is provided 30 days to respond
Forward Pricing Rate Agreements (42.17)
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General Guidance
◦ Bilateral vs. unilateral modifications
◦ Contractor notification requirements (43.104)
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Change Orders (42.2)
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Contractor must continue working, unless _____
Change order accounting if over $100,000
Only the CO can Modify or change
READ the Clause
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◦ Consent to Subcontracts depends on whether a
contractor has an approved purchasing system or not.
Required for CR, T&M, LH, Letter contracts when no
approved Purchasing System.
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Notification Requirements
◦ Contractor Purchasing System Reviews (CPSR)
Generally conducted every three years
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Subcontracts for Commercial Items encouraged
General Policies (45.1)
Competitive Advantage Issues (45.2)
◦ How it arises
◦ Contracting Officer’s responsibility
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Providing GP to Contractors (45.3)
Contractor Use and Rental of GP (45.4)
A Huge problem area for Govt and vendors
but has improved greatly over the last 10
years.
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Management of GP in Contractor’s
Possession (45.5)
◦ Contractor maintains the official record
◦ Contractor must conduct “periodic” inventories
◦ Maintenance obligations
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Reporting, Redistribution and Disposal of
Contractor Inventory (45.6)
◦ Provides screening and disposition guidance
◦ Risk of loss depends on contract type
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Contract Quality Requirements (46.2): Inspection
methods must be reasonable in relation to
criticality and complexity of performance
inspected
Contract Clauses (46.3)
Government Contract Quality Assurance (46.4)
Acceptance (46.5)
Warranties (46.7)
Contractor Liability for Loss or Damage to
property of the Govt. (45.8)
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Contracts for Transportation (47.2)
or for Transportation-Related Services
Transportation in Supply Contracts (47.3)
Air Transportation by US Flag carrier (47.4)
Ocean Transportation by US Vessel (47.5)
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Voluntary Program
◦ Incentive approach
◦ Contract specifies “share in savings”
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Involuntary Program
◦ Requirement specified in contract
◦ Contractor reimbursed
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
General Principles (49.1)
◦ Formal notice required for all termination actions
◦ Contractor duties (49.104)
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Termination of Fixed-Price Contracts (49.2)
Termination of Cost-Reimbursement
Contracts (49.3)
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Termination for Default (49.4)
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◦ Effect on contractor
◦ Government’s right to excess reprocurement costs
◦ Conversion to T4C
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Contract Termination Clauses (49.5)
Contract Terminatin Forms and Formats (49.6)
◦ Form are mandatory
◦ Formats are “suggested”
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
Part 50 – Extraordinary Contractual Actions
◦ If essential to national defense, law allows contract
adjustments that would not be otherwise
authorized
◦ Authority to approve actions over $50,000 may
not be delegated below the secretarial level
◦ Indemnification for “unusually hazardous or
nuclear risks”

Part 51 – Use of Government Sources by
Contractors
Now that you understand what goes into a
SOLICITATION (A-M) let’s take a look at what you
must do to have a successful RFP outcome.
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SECTION C of the RFP provides firms with valuable
information on what the Government wants
accomplished with the contract work:
◦ Based on resources needed either Government Furnished or
Contractor Furnished.
◦ Focused on the Outputs of Product or Service.
◦ Based on the value of performance risk involved.
◦ Based on Historical and projected information to estimate your
costs and thus your price.
The Attachments/Technical Exhibits include:
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Performance Requirement Summary
Historical and Project Workload
Required Reports
Directives
Layouts
Examples
Lays of the Land
Contingency Actions Historical Data
Configuration Data
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Contractors can:
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1.
2.
3.
4.
Determine what it is the Govt needs accomplished
Determine the skill sets and number of hours
Develop equipment and facility estimates
Compile a technical and cost proposal
Section L of the RFP tell you how to assemble
and what to submit with your Technical and Cost
Proposal
Section M tells how the vendor will be evaluated by
the technical evaluation team
This is crucial for training, and to live by during the
actual source selection process as it will keep the
Govt. from being protested or sued.
Your ability to select the right contractor
comes from the evaluation of technical
proposals based on what you asked for in
Section L, and what factors and sub-factors
you stated the government was going to use
per Section M.
All vendor Technical proposals should be
written in accordance with the instructions
listed in Section L and based on Section M
criteria in the RFP.
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SECTION L-INSTRUCTIONS, CONDITIONS,
AND NOTICES TO OFFERORS
Remember this: If the statement of work or
PWS includes a specific task, and the
contractor is not asked to discuss their
experience in performing that task in Section
L, then there is no way to properly evaluate
the contractor’s solution. You must ask for
what you need in SECTION L.
SECTION L- INSTRUCTIONS, CONDITIONS, AND
NOTICES TO OFFEROR will look something like
this:
L.15 PRICING PROPOSAL (VOLUME I)
L.15.1 INSTRUCTIONS FOR COMMERCIAL OFFERORS PRICING
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L.15.2 INSTRUCTIONS FOR NON-PROFIT– PRICING
L.16 TECHNICAL PROPOSAL (VOLUME II)
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L.16.2 Staffing and Resumes
Commercial Offerors shall submit resumes for
the “key personnel” labor categories proposed in
Section C, of the PWS at 5.2.1 and 5.2.2.
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What are the biggest issues here with Risk?
L.16.6 PAST PERFORMANCE-As Related to Section M
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For purposes of determining the Government’s overall
technical evaluation score, the score assigned for Past
Performance shall be equal to the highest score received
by any Private Sector offeror. (This only applies to public-
private competitions).
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For all others, without Past Performance, a neutral score
will be applied in relation to scoring provided others that
propose.
Ultimately those with good PP scores have a better
chance of being found technically qualified, or highly
qualified.
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M.5 Price Evaluation
M.5.3.1.1 Pricing
The CO shall ensure that the proposed pricing is
(1) calculated correctly (2) is in accordance with
the prescribed format and attachment at TE (2a)
at Attachment C; (3) is based on acceptable rates
and cost factors prescribed by DCAA, or other
acceptable standard cost factors in effect on the
date of submittal. The CO shall ensure that the
version submitted for such rates and factors were
valid and in effect on the award decision date.
Ensure that the individuals selected to serve
on the Technical Evaluation Team, Source
Selection Evaluation Team or Source
Selection Evaluation Board have direct
hands-on experience with the work that is
being evaluated, are unbiased, and can
maintain a professional demeanor and can
be totally available throughout the source
selection process.
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Request for Proposal (RFP) Good
FAA IT RFP
Request for Proposal (RFP) Bad
This will be a good time for each of you to
ASK anything you want to know about the
documents or processes.
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