...Assignment 2: Simplified Acquisition Procedures CCAD BUS 501- Government Acquisition 31 October 2012 Simplified Acquisition The federal government has three different methods for acquiring goods or services, which include, negotiations, sealed bids, and simplified acquisitions. Simplified acquisition procedures are methods sited in the Federal Acquisition Regulations (FAR) Part 13 for purchasing goods and services under a certain dollar threshold. In October 1994, the FAR established the Federal Acquisition Streamline Act (FASA) as a simplified means for the government to acquire goods and services. Simplified acquisition was created into the government procurement process to streamline the contracting process through the elimination of certain rules and actions, and allowing a relatively low administrative cost associated with procurement and provides the easiest form of federal contracts to small business and disadvantage businesses. Agencies are instructed to use simplified acquisition procedures for all purchases of supplies or services below the threshold of $5 million. Whenever the government seeks to obtain goods or services between the amount of $2,500 and $100,000 the agency can usually set aside these acquisitions for small businesses if there are at least three competitive offers. Simplified acquisition between $2,500 and $25,000 can obtain either an oral or written quotations from businesses in an effort to promote competition. For contracts over...
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...Win the Contract Business 330 Professor Bridges May 27, 2016 Imagine your small business produces very small remote control aircraft capable of long sustained flights. You are ready to expand your business by competing for Department of Defense (DoD) contracts. You wish to bid on a contract that will be worth over $600,000 to your expanding company. Select the simplified acquisition method that fits your company the most, and then provide a rationale for your selection. Note: Remember you are a small business that will have a massive expansion if you win this contract. Far Part 13, Simplified Acquisition Procedures, identifies the policies and procedures for the acquisition of supplies and services, including construction, research and development, and commercial items not exceeding the simplified acquisition threshold (SAT). The purpose of simplified acquisition procedures (SAP) is to reduce administrative costs, improve opportunities for small businesses, promote efficiency in contracting, and reduce the administrative burden on the government and contractors. Authorization for using SAP at levels above the SAT may be implemented through policies such the Test Program for Certain Commercial Items. Under this program, FAR Part 13 authorizes using SAP up to $7 million ($13 million for purchases made in support of contingency operations). Authority to continue using this type of program must be passed through legislation. Remaining aware of such authority will...
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...factors; (3) It is not necessary to conduct discussions with the responding offerors about their bids; and (4) There is a reasonable expectation of receiving more than one sealed bid. 3 .Price and only price related facors 4. Contracting officers shall solicit sealed bids if—(1) Time permits the solicitation, submission, and evaluation of sealed bids; The award will be made on the basis of price and other price-related factors; It is not necessary to conduct discussions with the responding offerors about their bids; and There is a reasonable expectation of receiving more than one sealed bid. 5. A recognition that the Government always seeks to obtain the best value in negotiated acquisitions using any one or a combination of source selection approaches, and that the acquisition should be tailored to the requirement. At one end of this continuum is the low priced technically acceptable strategy and at the other end is a process by which elements of a proposed solution can be traded off against each other to determine the solution that provides the Government with the overall best value. Note that all such tradeoffs are conducted according to the source selection factors and subfactors identified in the solicitation. 6. (a) A tradeoff process is...
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...Exercise 43 Reading the FAR 45 FAR Reading Exercise 51 Interpreting the FAR 53 FAR Interpretation Exercise 55 Putting It All Together 57 Applying the Regulations .59 Appendix 63 This page intentionally left blank. CON 090 Course Syllabus A. Course Title: Federal Acquisition Regulation (FAR) Fundamentals B. Course Number: CON 090 C. Course Prerequisites: None D. CLPs/CEUs/Number of ACE-Recommended Credits: CLPs 141/CEUs 14.1/ 3 Graduate-Level Credits E. Course Manager: Don Mansfield, (619) 524-5474 a. Phone: (619) 524-5474 b. E-mail: donald.mansfield@dau.mil Performance Learning Director (HQ DAU): James W. Malloy, Jr. a. Phone: (703) 805-4365 b. E-mail: james.malloy@dau.mil F. Course Description: FAR Fundamentals (CON 090) is a resident Defense Acquisition Workforce Improvement Act (DAWIA) Level I contracting course for newly hired GS-1102 contracting personnel. This course is four (4) weeks in length and provides foundational knowledge of the Federal Acquisition Regulation (FAR) System. Specifically, the course provides immersion training into the FAR; Defense Federal Acquisition Regulation Supplement (DFARS); the DFARS Procedures, Guidance, and Information (PGI); and Department of Defense (DoD) class deviations from...
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...Case Study 2 1. Title and Citation Future Solutions, Inc. 2. Facts of the Case The RFQ contemplated award of a BPA for the procurement of office supplies, with an emphasis on environmentally preferable products (EPP) and products of organizations for the blind or other severely handicapped as authorized by the Javits- Wagner-O’Day Act, 41 U.S.C. § 46-48c (2000). These products will be provided to approximately 2,000 purchase cardholders, within approximately 70 EPA facilities, located in the contiguous United States. The vendor selected for award of the BPA was required to be a current holder of a contract under the General Services Administration’s (GSA) Federal Supply Schedule (FSS) 75 IIA, Office Supplies Products and Equipment. The items covered by the RFQ included all general office supplies offered under Special Item Number 75 200. The base term of the BPA was 1 year, with four 1-year options, and a maximum 15 months of award-term incentive options. In January 2003, the EPA obtained and evaluated the quotations and oral presentations of four large business FSS 75 IIA contractors. On May 22, the agency issued a “sources sought” notice seeking information on the capability of small business FSS 75 IIA contractors for consideration for the BPA. Capability statements were limited to 5 pages, and were to address the BPA’s statement of work and 10 other specific capabilities. EPA received capability statements from nine small business FSS contractors...
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...Contract Planning The Acquisition Environment The acquisition environment is influenced by each organization's mission support strategy, successful customer relationships, and core principles of decision making. This lesson provides you with an opportunity to guide your actions and to research and develop a strategy so you can recognize when your efforts support the mission. In this lesson, you will cite key components of successful customer relationships and describe how your office achieves success through the key relationship criteria it exhibits and apply these key components by choosing appropriate methods of dealing with your customers in a practice scenario. This lesson will help you build a foundation for good decision making based on the core principles of power and responsibility and give an opportunity to apply the Seven-step Path to Better Decisions in a practice scenario. Mission Support Strategy The mission support strategy is a systematic plan of action that aligns the organization's activities with its mission and objectives. The Terminal Learning Objective is: Given a customer need, reinforce areas of mutual interest within an acquisition environment (requiring activity, contractor, contracting office, others). The Enabling Learning Objectives are: * Apply the factors in development of your mission support strategy. * Apply the key characteristics for successful customer relationships. * Apply the Seven-step Path to Better Decisions...
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...Study Guide for Module 2 SUBCHAPTER A—GENERAL PART 1—FEDERAL ACQUISITION REGULATIONS SYSTEM 1.1 Purpose, Authority, Issuance 1.2 Administration 1.3 Agency Acquisition Regulations 1.4 Deviations from the FAR 1.5 Agency and Public Participation 1.6 Career Development, Contracting Authority, and Responsibilities 1.7 Determinations and Findings PART 2—DEFINITIONS OF WORDS AND TERMS 2.1 Definitions 2.2 Definitions Clause PART 3—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST 3.1 Safeguards 3.2 Contractor Gratuities to Government Personnel 3.3 Reports of Suspected Antitrust Violations 3.4 Contingent Fees 3.5 Other Improper Business Practices 3.6 Contracts with Government Employees or Organizations Owned or Controlled by Them 3.7 Voiding and Rescinding Contracts 3.8 Limitations on the Payment of Funds to Influence Federal Transactions 3.9 Whistleblower Protections for Contractor Employees 3.10 Contractor Code of Business Ethics and Conduct 3.11 Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions PART 4—ADMINISTRATIVE MATTERS 4.1 Contract Execution 4.2 Contract Distribution 4.3 Paper Documents 4.4 Safeguarding Classified Information Within Industry 4.5 Electronic Commerce in Contracting 4.6 Contract Reporting 4.7 Contractor Records Retention 4.8 Government Contract Files 4.9 Taxpayer Identification Number Information 4.10 Contract Line Items 4.11 Central Contractor Registration ...
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...Case Analyses- Request for Proposal The Request for proposals (RFPs) is used in negotiated acquisitions for the procurement of supplies and services (research and development (R&D), construction and commercial items), by the contracting officer issuing a solicitation to communicate the government needs to prospective contractors. The policies and procedures that govern RFPs vary between the procurement of commercial items and construction. The purpose of this paper is to compare the two RFPs and identify the differences. The Federal Acquisition Regulation (FAR) requires commercial items acquisitions exceeding $5.5 million to be solicited using the RFPs contract method and solicitations is prepared using the standard form (SF) 1449. The commercial items RFP used in this comparison was issued by the Department of Veteran Affairs (DVA). The requirement is to provide inscription for blank marble niche covers for Arlington National Cemetery. The acquisition is being set-aside for service-disabled veteran-owned small business (SDVOSB). The period of performance is for a base period and four option years. The option clause to extend the term of the contract is included. The option clause does not obligate the government to exercise the option years. The government may exercise an option by providing the contractor with a written notice within the time specified in the contract. The solicitation states that prospective contractors must provide an all-inclusive unit price. The...
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...Accumulating costs means collecting cost data in an organized manner, such as through a system of accounts. Acquisition planning means the process by which the efforts of all personnel responsible for an acquisition are coordinated and integrated through a comprehensive plan for fulfilling the agency need in a timely manner and at a reasonable cost. It includes developing the overall strategy for managing the acquisition. Actual costs means (except for Subpart 31.6) amounts determined on the basis of costs incurred, as distinguished from forecasted costs. Actual costs include standard costs properly adjusted for applicable variances. Allocate means to assign an item of cost, or a group of items of cost, to one or more cost objectives. This term includes both direct assignment of cost and the reassignment of a share from an indirect cost pool. Allowable means a contract cost is allowable as long as it meets five tests of allowability: reasonableness; allocability; standards promulgated by the CAS Board, if applicable; otherwise, generally accepted accounting principles and practices appropriate to the circumstances; terms of the contract; and any limitations set forth in FAR Part 31. Affected CAS-covered contract or subcontract means a contract or subcontract subject to Cost Accounting Standards (CAS) rules and regulations for which a contractor or subcontractor-- (1) Used one cost accounting practice to estimate costs and a changed cost accounting practice to...
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...Procurement Law Overview, Part One Procurement and Contract Law Procurement Law Overview, Part One The purpose of this paper is to provide an overview of procurement law. There are three different branches of Government: Legislative, Executive, and Judicial. In the United States, the Office of Federal Procurement Policy (OFPP), the Defense Acquisitions Regulations (DAR) Council, and the Civilian Agency Acquisition (CAA) Council determine federal procurement policies by its legislative action and recommendations. Those are then published in the Federal Acquisition Regulation (FAR). The FAR is issued jointly by the Department of Defense (DOD), the General Services Administration (GSA) and the National Aeronautics and Space Administration (NASA). It applies not only to direct purchases made by the government, but also to purchases made by federal grant recipients (Feldman, 2010). The government procurement team is made up of the Contracting Officer (CO), Administrative Contracting Officer (ACO), and Termination Contracting Officer (TCO). The government planning process consists of market research and an internal source search before they proceed with full and open competition which allows all responsible sources to submit either a sealed bid or competitive proposal on the procurement. The market research consists of availability and quantities of items, and reasonable prices. Internal sources include existing inventory, excess from other agencies, and federal prisons (Feldman...
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...LESSON 2 – Contract Delays determine if a delay is excusable. determine if a delay is compensable. Homework Assignment 1 1. What clauses excuse the contractor’s failure to perform on time due to an act of God or the public enemy? 52.249-8(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. 2. What events stated in these clauses, other than acts of God or the public enemy, would excuse a contractor’s failure to perform on time? 2, 3, 6, 7 and 8 3. Do any of the clauses in #1 entitle the contractor to an adjustment in the terms of the contract? If so what type of adjustment? ?? 4. What clauses can the Government use to order a suspension of work or a work stoppage? 52.242-14 and 52.242-15 5. For what types of contracts would each of the clauses in your answer to #4 be used? fixed-price construction or architect-engineer contract is contemplated: As prescribed...
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...Sealed Contracting The method of obtaining government contracts has changed considerably. Sealed bidding is less frequently used now than in the past. However, there are certain situations when sealed bidding is mandatory. According to the Federal Acquisition Regulation when preparing sealed bidding invitations must describe the requirements of the Government clearly, accurately, and completely. Unnecessarily restrictive specifications or requirements that might unduly limit the number of bidders are prohibited. The invitation includes all documents (whether attached or incorporated by reference) furnished prospective bidders for the purpose of bidding. As a result government contract practitioners still must familiarize themselves with processes that call for sealed bidding. In the mid-1990s, Congress made several changes to statutes related to processing acquisition of government contracts. Before these congressional amendments sealed bidding was the standard. In most cases sealed bidding is the preferred method for construction , so if the Seahawk helicopters and Cobra aircrafts are being purchased for that type of business it would be a better option. Negotiated Contracting These amendments gave federal contracting officers more opportunities to award contracts through the newer process competitive negotiation. The process begins when the CO issues a Request for Proposals. The RFP must, include the agency’s need, the terms and conditions of the contract and any other...
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...FORMATION AND ADMINISTRATION Examination Questions 1. Describe the three levels of competition permitted under the Competition in Contracting Act (CICA). Give an example of each. a. Full and open competition; Full and open competition means that all responsible sources are permitted to submit sealed bids or competitive proposals on the procurement. It is the preferred form of contracting and includes contracting by sealed bids, negotiation, and other procedures. Example: b. Full and open competition after exclusion of sources Full and open competition after exclusion of one or more sources is used when the U.S. Government excludes certain potential sources from consideration for a contract in order to establish or maintain alternative sources c. Other than full and open competition Under this method, a bid or proposal is solicited from one, or very few, sources. Detailed justification and approvals are required to document the choice of other than full and open competition as a means of acquisition. Example: The Department of Homeland Security, Office of Procurement Operations, proposes to enter into a contract on a basis other than full and open competition. DHS has a requirement on a sole source basis to upgrade and maintain proprietary software at an estimated cost of $7,550,000. List the name and address of the proposed contractor(s). 2. What is meant by the term “ratification” of a contract action? Who has the authority to ratify and give an example...
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...vision of it? Yes? That’s why you use Simplified Strategic Planning, isn’t it? In the Simplified Strategic Planning process you build toward your strategy - your vision for the longer term, the course and direction you need to take to maximize your potential. Then, for the short term you make sure that your resources line up and are focused on achieving your vision. Good strategy takes more than just strong desire. Good strategy requires good input and analysis. It also requires good decision-making. That’s what the exercise known as “STRATEGIC ISSUES” is all about. It is a pivotal step in the strategic planning process that deals with answering the “Big Strategic Questions.” Successful identification and resolution of Strategic Issues results from combining both content and process elements, big and small, effectively and smoothly. What is a Strategic Issue? A Strategic Issue is, first of all, an issue - an unresolved question needing a decision or waiting for some clarifying future event. Secondly, it is strategic and has major impact on the course and direction of the business. It probably relates directly to one or more of the fundamental “Three Strategic Questions”: •What are we going to sell? •To whom are we going to sell it? •How will we beat or avoid our competition? Strategic Issues lie right at the heart of the business. Correspondingly, the process step dealing with Strategic Issues lies right at the heart of Simplified Strategic Planning. How Does the Strategic...
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...Institutional Framework of Federal Acquisitions By Russell E. Hall Legal 440 Professor Hutter Strayer University July 16, 2012 The biggest customer in the world: The U.S. Government. The federal government spends more than $400 billion on supplies and services each year. It actually spends $465,000 on average, every 20 seconds of every business day, for a contract (Stanberry, 2009, preface). In order for a business to become part of selling to that enormous market it must first understand the laws, rules, and regulations that govern acquisitions and procurement for the federal government. Discuss the importance of fixed price contract in creating effective, efficient, and accountable acquisition planning: Under a Fixed price Contract. FAR 16.201, the government agrees to pay a specific price (which includes the contractor’s profit) for completed work and delivered products. The fixed price contract is used for the procurement of commercial items as well as services when: * There is adequate price competition; * There is reasonable price comparisons with past purchases of the same or similar products or services made on a competitive basis are available; * Available cost or pricing information permits realistic estimates of the probable performance cost * Performance uncertainties can be identified, and reasonable estimates of their cost impact can be made. The government prefers a fixed price contract because the liability...
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