Skyway
©
Insight
Webinar
Training From Contracting Officers
Topic: How to Select FAR Clauses
07/14/2016
Host: Vicky Strycharske
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Vicky Strycharske
• 20 years in Department of
Defense procurement
• 15 years managing and
writing government proposals
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Skyway
©
Insight
Webinar
Training From Contracting Officers
Topic: How to Select FAR Clauses Or,
Why are all those clauses in my contract?
07/14/2016
Host: Vicky Strycharske
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Agenda
• Getting started
• Selecting the clauses
• Why those “weird” clauses are in your contract
• Final words
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Federal Acquisition Regulation (FAR)
• The FAR codifies federal laws and trade agreements into
directives for how federal purchasing and contracts are
conducted across all federal agencies
• FAR Supplements further define how a specific agency will
implement these requirements
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Some Definitions
• “Solicitation provision or provision” means a term or condition
used only in solicitations and applying only before contract
award.
• “Contract clause” or “clause” means a term or condition used in
contracts or in both solicitations and contracts, and applying
after contract award or both before and after award.
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Clauses
• Clauses and provisions incorporate the requirements of law into
federal solicitations and contracts, as applicable.
• “Alternate” means a substantive variation of a basic provision or
clause prescribed for use in a defined circumstance. It adds
wording to, deletes wording from, or substitutes specified
wording for a portion of the basic provision or clause. The
alternate version of a provision or clause is the basic provision
or clause as changed by the addition, deletion, or substitution
(see 52.105(a)).
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Getting started
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Clauses are Dependent on a Number of
Factors
• Total contract value
• Type of Acquisition
• Buying patterns
• One time buy
• Multiple purchases over a period of time (IDIQ)
• Series (R&D)
• Mandatory Sources
• Some GSA Schedules
• Federal Prison Industries
• Ability One
• Small Business and Socio-economic Issues
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Other Requirements
• FAR Part 36, Construction and Architect-Engineer Contracts;
• FAR Part 41, Acquisition of Utility Services;
• FAR Part 37, Service Contracting.
• FAR Part 14, Sealed Bidding
• FAR Part 15, Contracting by Negotiation
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What is the Government buying?
• Products
• Commercial off the shelf (COTS)
• Government developed
• Services
• Professional, Training, Medical, other
• IT
• Construction
• R&D
• Combination?
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Contract Value Thresholds
Threshold Title
FAR Authority
Threshold a/o 1 Oct 15
Micro-purchase
FAR 2.101
$3,500
Simplified Acquisition
FAR 2.101
$150,000
Simplified Acquisition for
Commercial Item Purchase
FAR 13.5
$7,000,000
Cost and Pricing Data
FAR 15.403-4
$750,000
Subcontracting (Prods & Services)
FAR 19.702
$700,000
Service Contract/Davis Bacon Acts
FAR 22
$2,500/$2,000 respectively
Trade Agreements
FAR 25.4
Various thresholds
Executive Compensation
FAR 4.14
$30,000
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Basic Information
• How to purchase?
•
•
•
•
Competitive negotiated
Sealed Bid
GSA Schedule
Commercial
• What type of contract?
•
•
•
•
Firm Fixed Price
Cost Reimbursable
Time and Materials
Indefinite Delivery Indefinite Quantity (IDIQ)
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Identifying and Including the
Right Clauses and Provisions
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So how do they do it?
• Comb through every applicable FAR Part, Subpart, Section, and
Subsection and examine each provision/clause prescription
• 1,907 pages
• 53 Parts
• At least 500 clauses and provisions (And that’s just in the FAR!)
• And they change about every 2 – 3 days
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One FAR Example
Part 3 Improper Business Practices and Personal Conflicts of Interest
Subpart 3.10—Contractor Code of Business Ethics and Conduct
3.1004 Contract clauses
(a) Insert the clause at FAR 52.203-13, Contractor Code of Business Ethics and Conduct, in
solicitations and contracts if the value of the contract is expected to exceed $5,000,000 $5.5
million and the performance period is 120 days or more.
(b)(1) Unless the contract is for the acquisition of a commercial item or will be performed
entirely outside the United States, insert the clause at FAR 52.203-14, Display of Hotline
Poster(s), if—
(i) The contract exceeds $5,000,000 $5.5 million or a lesser amount established by the
agency; and
(3) In paragraph (d) of the clause, if the agency has established policies and procedures for
display of the OIG fraud hotline poster at a lesser amount, the contracting officer shall replace
“$5,000,000” "$5.5 million" with the lesser amount that the agency has established.
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So how do they do it?
• Comb through every applicable FAR Part, Subpart, Section, and
Subsection and examine each provision/clause prescription
• 1,907 pages
• 53 Parts
• 500 clauses and provisions
• Use the FAR Matrix
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So how do they do it?
• Comb through every applicable FAR Part, Subpart, Section, and
Subsection and examine each provision/clause prescription
• Use the FAR Matrix
• Use the various clause logic systems available
• FAR, DFAR, and Agency;
• PD2 Auto Select;
• http://farsite.hill.af.mil/clauselogic/Clauselogic.html - AFFARS Clauses
• Create and maintain your own Matrix using the method outlined in # 1
• Use a previous solicitation as a template
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Why are those “weird” clauses
in there?
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Craters of the Moon Video
• Buying Agency: Dept of Interior, National Park Service
• Request for Proposals (RFP) for Audiovisual Services to—
• Create one 21-minute interpretive video for
• Craters of the Moon National Monument & Preserve in Idaho
• Award of one firm-fixed price contract.
• Totally set-aside for small businesses under NAICS CODE 512110, "Motion Picture
and Video Production," with a size standard of $32.5 million.“
• Must be registered in the System for Award Management (SAM)
• Estimated award amount: $160,000
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Final Words
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Some Take-Aways
• The FAR codifies federal laws and trade agreements into directives
for how federal purchasing and contracts are conducted
• Clauses incorporate the requirements of law into federal solicitations
and contracts, as applicable.
• Even if a “required” clause is omitted from the solicitation/contract, it
still applies – and you, the contractor, are expected to know this
• Combined synopsis/solicitation – be careful when signing the final
contract
• Codified in law but not yet in FAR – still applies, per GAO
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Skyway Acquisition Solutions, LLC
Our Experience is Your Edge
Vicky Strycharske, Sr. Proposal Manager
Cell: (512) 483-1511
Email: [email protected]
www.skywayacquisition.com