Skyway © Insight Webinar Training From Contracting Officers 1 Administrivia • Settings • Mic and speakers vs telephone • View in full screen • Controls • Attendees • Record 2 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> 3 Skyway © Insight Webinar Training From Contracting Officers Topic: Part 6: Taking the Mystery Out of Reading and Understanding Solicitations Host: Tim Griggs 4 Agenda • • • • • • 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? 5 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) 6 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.) 7 Publicizing Contract Actions • Synopsis • Request for Information • Special Notice (Limited competition, sole source, Justification & Approval) • Solicitation • RFQ • RFP • IFB 8 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. 9 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 10 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) 11 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) 12 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 13 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 14 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 15 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 16 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 17 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 18 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 19 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/ 20 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 21 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 22 How to read and understand the SF18 23 How to read and understand the SF18 24 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 25 How to read and understand the SF1449 26 How to read and understand the SF1449 27 How to read and understand the SF1449 28 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 29 How to read and understand the SF33 30 How to read and understand the SF33 31 How to read and understand the SF33 32 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 33 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 34 Amending the Solicitation 35 Amending the Solicitation 36 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 37 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. 38 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 39 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 40 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 41 Conclusion Questions? 42
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