Security and exchange commission total compensation filings. Analysis and issues for congress congressional research service 3 4. Subcontracting rules government contract associates. A senior procurement executive or chief acquisition officer may determine that an acquisition strategy involving a consolidation of contract requirements is necessary and justified for the purposes of paragraph 1c if the benefits of the acquisition strategy substantially exceed the benefits of each of the possible alternative contracting approaches identified under paragraph 1b. The 1997 far part 15 rewrite created significant changes in source selection in federal contracting, including new procedures and policies regarding pricing, bestvalue decisions, past performance evaluations, communication with offerors and more. Solicitation response times in sole source acquisitions. In module 1 through a limited lecture, researchintensive, exercisedbased curriculum youll focus on the federal acquisition environment, the basic. This session of the foundations of the far program will cover parts 15 and 36 of the federal acquisition regulation. Section 5325d1, means 1 a project under which a recipient enters into a contract with a seller, firm, or consortium of firms. Far part simplified acquisition procedures far part provides regulatory guidance for acquisition professionals when procuring goods and services under the simplified acquisition threshold sat. Welcome to this presentation on the use and application of the far and dfars government property clauses. Dec 08, 2014 the responsibility for determining whether an actual or apparent oci exists lies with a procuring agencys contracting officer co. To determine if the public has access to the compensation information, see the u. The director of defense procurement, in concert with the federal acquisition regulations council, is sponsoring an initiative to rewrite the federal acquisition regulation far part 15, contracting by negotiation.
In contrast to far part 15, contracting by negotiation, schedule orders do not require. Contracting officers must ensure a price negotiation memorandum pnm is prepared for every procurement conducted using far part 15, contracting by negotiation, procedures. Far part 15 contracting by negotiation far part 15 provides regulatory guidance for acquisition. When contracting in a sole source environment, the request for proposals rfp should be tailored to remove unnecessary information and requirements.
S90 draft rfp may be released prior to final approval of the acquisition strategy and acquisition plan. Far 15 describes the procedures for competitive and noncompetitive open market acquisitions exceeding the simplified acquisition threshold sat. Before sharing sensitive information, make sure youre on a federal government site. When filing a gao protest to challenge the award a contract for negotiated contract there is a difference between federal acquisition regulation part 15 far 15 discussions and clarifications. The contractor shall update subcontractors data, as appropriate, during source selection and negotiations. The contracting officers objective is to negotiate a contract of a type and with a price providing the contractor the greatest incentive for efficient and economical performance. A successful bid protest can hinge upon your thorough understanding of the subtle differences in the federal acquisition procedures. Far part 15 establishes basic ground rules that are fundamental to a wellrun federal procurement. Back to basics negotiations under far part 15 acquisitions. The intent is to make part 15 easier to understand and to eliminate policies. If there are such data, the contracting officer shall attempt to obtain and use them in the negotiations or make satisfactory allowance for the incomplete data. This report examines the extent to which 1 selected. Under negotiated proposals, subcontractor information and eligibility are key items. The co is responsible for identifying potential conflicts of interest and, if a conflict of interest has been identified, determining whether the oci can be neutralized or mitigated.
Also, the government will not knowingly negotiate a fixed price contract based on cost or pricing data including any unallowable costs. Dars part 15 contracting by negotiation acquisition. Federal agency contracting by negotiation 20141204. Contracting overview of the far is the first module of a fourpart foundational course that provides a total immersion into the federal acquisition regulation far and the defense federal acquisition regulation supplement dfars. For requirements processed under the pa cited in 219.
The far part 15 process model and process inefficiency, seeked advise from legal counsel, and have reached out to other cos for their advise on how to streamline the evaluation process using far 16 versus far 15. It has been updated and revised to include best value acquisition practices, acquisition streamlining, participation in the government nonappropriated fund naf purchase card program, implementation of a naf automated procurement system, and. The contracting officer is responsible for initiating negotiations. Because defense contracting in afghanistan is intended to support the overall us military and coalition mission, it is more difficult to write contract requirements that truly capture the. In preparing a pnm, contracting officers shall consult far 15. Open market is defined as products or services not available from required sources of supply, such as gsa schedule contracts, outlined in far part 8. Difference in far part 15 discussions and clarifications. Negotiations are exchanges, in either a competitive or sole source environment, between the government and offerors, that are undertaken with the intent of allowing the offeror to revise its proposal. Unallowable costs dcaa audit and government contract. Far part 15 contracting by negotiation procurementpolicy. This part prescribes policies and procedures governing competitive and noncompetitive negotiated. Igces are also used by contracting officials to compare offerors proposed prices, determine whether proposed contract prices are reasonable, and to support contract price negotiations. Mar 30, 2012 i have read far parts 15 and 16, have read vern edwards competitive processes in government contracting. Fourteenth annual acquisition research symposium wednesday sessions.
Far part 15 says that if any portion of a proposal received by the contracting officer electronically or by facsimile is unreadable, the contracting officer immediately shall notify the offeror and permit the offeror to resubmit the unreadable portion of the proposal. Far part 15 provides regulatory guidance for acquisition professionals to use when making procurements that. Part 12 could be used in limited circumstances involving construction contracting primarily for routine alteration and repair services as well as for acquisitions of commercial construction. Defense contracting updates to the fars and dfars youtube. Advisory, we look at the complex topic of negotiations, focusing specifically on the procedures, rules, and guidelines in federal acquisition regulation far part 15, contracting by negotiation, and pertinent case law. Prepared for the naval postgraduate school, monterey, ca 93943. If the negotiated procedures from part 15 are used for a commercial item, the contract format at far 12. Fta circular 4220 1f third party contracting guidance 414. These costs are generally referred to as unallowable costs. Negotiations under far par 15 usda departmental management.
Dec 04, 2014 an agencys contracting officer may negotiate i. Jan, 2012 a a contracting officer shall not commence negotiations for a sole source contract, commence negotiations for a contract resulting from an unsolicited proposal, or award any other contract without providing for full and open competition unless the contracting officer1 justifies, if required in 6. Contracting by negotiation far part 15 adaptive acquisition. No information shall be released except as authorized by the contracting officer. Contact us privacy and security notice accessibility aids last updated 050520. Competing tos under idiqs far 16 v far 15 schedules. Far part 15 contracting by negotiation fac 2005 28 september 2006 15.
The office of acquisition operations acquisition service has awarded a contract to. This publication was last published october 10, 1990. Federal acquisition regulation far flashcards quizlet. General services administration federal government computer. When contracting in a competitive environment, the procedures of this part are intended to minimize the. The method to challenge a rating generated by sprs is provided in the users manual. Contracting by negotiation far part 15 far part 15 describes the procedures for competitive and noncompetitive open market acquisitions exceeding the simplified acquisition threshold sat. Clarifications and discussions in government contracting.
Federal register naf contracting regulation, ar 2154. The contracting officers primary concern is the overall price the government will actually pay. In addition, the contracting officer will make the contractors failure to comply with the reporting requirements a part of the contractors performance information under far subpart 42. The fact that the requirement was previously procured through. Far part 12 versus far part 15 contract award process. Organizational conflict of interest oci what is it.
Use of an oral rfp does not relieve the contracting officer from complying with other far requirements. Far parts 15 and 36, contracting by negotiation, construction. When planning a competitive solicitation, the agency must provide needed information in order to. Far parts 15 and 36 contracting by negotiation, construction. The agency cannot favor one contractor or reveal one contractors price, technical solutions, intellectual property, and a variety of other information. If the contracting officer decides that negotiated procurement is necessary, the contracting officer must explain briefly which of the four requirements for sealed bidding is not met.
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