TMO Part 6 Taking the Mystery Out of Solicitations

Skyway
©
Insight
Webinar
Training From Contracting Officers
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Administrivia
• Settings
• Mic and speakers vs telephone
• View in full screen
• Controls
• Attendees
• Record
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Tim Griggs
• 22 years in the United States Army (retired May 2016)
• 11 years in Acquisition and Contracting, DAWIA Level III in Contracting
• Multiple Contracting Officer’s warrants in CONUS and deployed locations
• Operations Manager and Community Forum Coordinator for Skyway
• Expertise in Contingency Contracting, pre-and post-award, simplified
acquisition, and commercial and non-commercial
<Record>
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Skyway
©
Insight
Webinar
Training From Contracting Officers
Topic: Part 6: Taking the Mystery Out of
Reading and Understanding Solicitations
Host: Tim Griggs
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Agenda
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Introduction – Publicizing Contract Actions
What are Solicitations?
Standard Forms used in Solicitations
Types of Solicitations, and key differences
Uniform Contract Format
How to read and understand the Solicitation
• Amendments to the Solicitation, and how to ask questions
• How to respond to a Solicitation
• Summary and Questions?
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Publicizing Contract Actions
• From FAR Part 5:
• 5.002: Contracting officers must publicize contract actions in order to -• (a) Increase competition;
• (b) Broaden industry participation in meeting Government
requirements; and
• (c) Assist small business concerns and set-aside businesses in
obtaining contracts and subcontracts.
• 5.003: For any requirement in the FAR to publish a notice, the
contracting officer must transmit the notices to the GPE (Government
Point of Entry)
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Publicizing Contract Actions
• Bid Board (more than $15,000 but less than $25,000)
• NOTE: Since 9/11, most government facilities limit access, so Bid
Boards are increasingly rare; therefore, most agencies post everything
greater than $15,000 on FedBizOpps
• Government Point of Entry, www.fedbizopps.gov (more than $25,000)
• Additional agency forums (www.fedconnect.net, classified websites, VA
vendor portal, etc.)
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Publicizing Contract Actions
• Synopsis
• Request for Information
• Special Notice (Limited competition, sole source, Justification & Approval)
• Solicitation
• RFQ
• RFP
• IFB
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What are Solicitations?
• From Federal Acquisition Regulation (FAR) Part 2.101:
• “Solicitation” means any request to submit offers or quotations to the
Government.
• Under sealed bid procedures: “invitations for bids”
• Under negotiated procedures: “requests for proposals”
• Simplified acquisition procedures: may require either a quotation or
an offer
• “Solicitation provision or provision” means a term or condition used
only in solicitations and applying only before contract award.
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Types of Solicitations
• Request for Quotations (RFQ)
• Request for contractors to provide information, including price and
delivery schedule
• Request for Proposals (RFP)
• Request for a formal offer that is intended to lead to contract award
• Invitation for Bids (IFB)
• Used in Sealed Bidding procurements
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Standard Forms used in Solicitations
(FAR Part 53-212 to 52-215)
• SF18 – Request for Quotation (for use in Sealed Bidding and Contracts by Negotiation)
• SF33 – Solicitation, Offer and Award (for soliciting supplies & services)
• SF1449 – Solicitation/Contract/Award for Commercial Items (also used with Simplified
Acquisition procedures)
• SF1447 – Solicitation/Contract (for supplies & services using simplified contract format)
• SF1442 – Solicitation, Offer, and Award (Construction, Alteration, or Repair) (above the
Simplified Acquisition Threshold, or SAT)
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Standard Forms and their uses
Solicitation
Award
SF18 – Request for Quotation (nonbinding)
SF26 – Award/Contract
SF1449 – Solicitation/Contract/Award
for Commercial Items
SF1449 – Solicitation/Contract/Award
for Commercial Items
SF33 – Solicitation, Offer and Award
SF33 – Solicitation, Offer and Award
or
SF26 – Award/Contract
Negotiated Procurements/RFP for
Construction above Simplified
Acquisition Threshold (SAT)
SF1442 – Solicitation, Offer, and Award
(Construction, Alteration, or Repair)
SF1442 – Solicitation, Offer, and Award
(Construction, Alteration, or Repair)
Sealed Bidding (Invitation for Bids)
SF33 – Solicitation, Offer and Award
SF26 – Award/Contract
Sealed Bidding/IFB using simplified
contract format
SF1447 – Solicitation/Contract
SF1447 – Solicitation/Contract
Request for Quotes (RFQ)
Request for Quotes – Commercial Items
and Simplified Acquisition procedures
Negotiated Procurements (RFP)
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Request for Quotations (RFQ)
• Request for information from prospective contractors, including price and
delivery schedule, but not intended to gain a binding offer
• Standard Form (SF) 18 – Request for Quotation (FAR 53-301-18)
• Or SF1449 – Solicitation/Contract/Award for Commercial Items
• NOTE: RFQs may use non-standard forms, or even oral solicitations – it
depends on the buying agency and the circumstances
• Contracting Officer may decide to place an order
• Not required to place order since RFQs are non-binding
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Request for Quotations (RFQ)
• When placing an order, the Contracting Officer uses either:
• SF26 – Award/Contract, or
• SF1449 – Solicitation/Contract/Order for Commercial Items (or under
Simplified Acquisition procedures)
• If contractor accepts the order, then a binding contract is created
• In simplified acquisitions, quotes may be solicited orally, whenever
economical and practical
• NOTE: Rare in CONUS (Continental United States) but commonly
used in contingency environments or during declared emergencies
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Request for Proposals (RFP)
• Used in negotiated procurements
• Follow Uniform Contract Format (FAR 15.204-1)
• Intended to result in a contracting action; contractors respond to RFPs by
submitting binding offers
• Standard Form (SF) 33 – Solicitation, Offer and Award (FAR 53.301-33)
• Contracting Officer makes Source Selection and may enter negotiations
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Invitation for Bids (IFB)
• Used in Sealed Bidding procurements
• Standard Form (SF) 33 – Solicitation, Offer and Award (FAR 53.301-33)
• Follows Uniform Contract Format to maximum practical extent (FAR 14.201-1)
• Award based solely on the basis of Price and Price-Related Factors
• Avoid unnecessarily restrictive specifications that limit the number of bidders
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Key differences between solicitation types
RFQ
RFP
IFB
Requests for Information &
Simplified Acquisitions
Negotiated Procurements
Sealed Bidding
Binding offer?
No
Yes
Yes
Uniform Contract Format?
No
Yes
Yes
SF18, SF1449, or nonstandard
SF33
SF33
Yes
No
No
FAR Part 13
FAR Part 15
FAR Part 14
Used for
Form used?
Can be issued orally?
Applicable FAR Part
NOTE: Each of these methods may use Commercial Contracting procedures following FAR Part 12
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Uniform Contract Format
Part I: The Schedule
A - Solicitation/Contract Form
B - Supplies or Services & Prices or Costs
C - Specification/SOW/SOO/ORD
D - Packaging & Marking
E - Inspection & Acceptance
F - Deliveries or Performance
G - Contract Administration Data
H - Special Contract Requirements
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Uniform Contract Format
Part II: Contract Clauses
I - Contract Clauses
Part III: List of Documents, Exhibits, & Other Attachments
J - List of Attachments
Part IV: Representations & Instructions
K - Representations, Certifications, & Other Statements
L - Instructions, Conditions, & Notices to Offerors or Quoters
M - Evaluation Factors for Award
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Additional resources that cover the UCF
• See Skyway Insight Webinar here:
https://skywayacquisition.com/training/tfco-30jun15/
• Podcast 041: What is the Uniform Contract Format:
http://www.contractingofficerpodcast.com/podcasts/041-what-is-theuniform-contract-format-ucf/
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How to read and understand the SF18
• Standard Form (SF) 18 – Request for Quotation (FAR 53-301-18)
• Not required, solicitations may be non-standard, even oral
• NOTE: Again, oral solicitations are rare in CONUS (Continental United
States) but commonly used in contingency environments or during
declared emergencies
• Does not follow Uniform Contract Format
• But SF26 – Award form does follow UCF
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How to read and understand the SF18
• Contracting Officer issues solicitation using this form (or an alternative)
• Contractor submits a Quotation with price and delivery schedule
• Contracting Officer may place an order based on that quote (using
SF26 – Award/Contract or SF1449 – Solicitation/Contract/Order), but is
not required to place an order (non-binding)
• If contractor signs and returns the SF26 or SF1449, the order becomes
a binding contract
• NOTE: Some agencies do not require signed orders, but consider
performance to be acceptance
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How to read and understand the SF18
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How to read and understand the SF18
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How to read and understand the SF1449
• Standard Form (SF) 1449 – Solicitation/Contract/Order for Commercial Items
(FAR Part 53-301-1449)
• Used to solicit and award contracts for Commercial Items and using Simplified
Acquisition procedures
• Contracting Officer issues solicitation using this form
• Contractor completes the form and submits it with offer
• It constitutes a binding offer that leads to a contract if selected
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How to read and understand the SF1449
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How to read and understand the SF1449
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How to read and understand the SF1449
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How to read and understand the SF33
• Standard Form (SF) 33 – Solicitation, Offer and Award (FAR 53.301-33)
• Used for both RFPs and IFBs
• Contracting Officer issues solicitation using this form
• Contractor completes the form and submits it with proposal or sealed bid
• It constitutes a binding offer that leads to a contract if selected
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How to read and understand the SF33
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How to read and understand the SF33
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How to read and understand the SF33
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Amending the Solicitation
• Standard Form (SF) 30 – Amendment of Solicitation/Modification of Contract
• May be issued anytime before closing date of Solicitation
• Reasons for amendment:
• Change the requirement being solicited
• Correct errors
• Extend the deadline for offers
• Post additional or clarifying information as answers to vendor questions
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Amending the Solicitation
• Same form used to modify amendments and contracts:
• Amendments to Solicitations are PRE-AWARD
• Modifications to Contracts are POST-AWARD
• All offerors must acknowledge all Amendments or may risk being found nonresponsive
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Amending the Solicitation
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Amending the Solicitation
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Asking questions about the Solicitation
• Contractors have the right to submit questions about the Solicitation in
order to better understand what is being solicited
• Contracting Officer does not have to answer the questions
• Many times, the CO’s answer will simply point out where in the
Solicitation that issue is already addressed
• NOTE: COs should make every effort to answer questions, and we at
Skyway feel it is a Best Practice, although not a requirement
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Asking questions about the Solicitation
• In more complex acquisitions, the Contracting Officer typically provides
time and procedures for questions, and then posts answers in an
Amendment prior to the closing date of the Solicitation
• NOTE: Skyway will create a webinar training on this concept in the future.
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Responding to the Solicitation
• Ensure the Solicitation form is filled out completely and accurately
• SF33
• SF1449
• SF18
• Backwards plan the process to ensure timely submission
• Start at the deadline for submissions, and schedule the key events in
reverse order, estimating the duration for each required activity
• Add at least 10% schedule ‘cushion’ to allow for contingencies or delays
• The goal should be to submit the best possible proposal by the day before
the deadline
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Responding to the Solicitation
• Follow instructions in Section L – Instructions to Offerors
• Format
• Volumes and Sections
• Page limitations
• Technical specifications
• Technical and Managerial Approaches
• Number of copies, digital or hard copy, electronic submissions
• Key personnel qualifications
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Summary
• Contracting Officers issue Solicitations to communicate the specific needs,
and to request information or offers from industry
• Type of Solicitation depends on requirement and contract approach
• Successful contractors know how to read, understand, question, and
respond to Solicitations
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Conclusion
Questions?
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