1 Click to add the title of your presentation Breakout Session # B18, CFCM FAR REVIEW 2 Name Jack R. Hott, CPCM, Fellow Manager, Contract Compliance Fluor-B&W Portsmouth LLC Date July 30, 2012 Time 2:30 PM – 3:45 PM

2 Session A18 Part 1; Federal Acquisition Regulations System Part 2; Definitions of Words and Terms Part 10; Market Research Part 6; Competition Part 9; Contractor Qualifications Part 12; Acquisition of Commercial Items Part 13; Simplified Acquisition Procedures Certified Federal Contracts Manager

3 Session B 18 Part 14; Sealed Bidding Part 15; Contracting By Negotiation Part 39; Acquisition of Information Technology Part 36; Construction and Architect-Engineer Contracts Part 19; Small Business Programs Part 29; Taxes

Certified Federal Contracts Manager 4 Session E18 Part 37; Service Contracting Part 22; Application of Labor Laws to Government Acquisitions Part 44; Subcontracting Policies and Procedures Part 45; Government Property Part 38; Federal Supply Schedule Contracting Part 42; Contract Administration and Audit Services Part 51; Use of Government Sources by Contractor

Certified Federal Contracts Manager 5 Session F18 Part 32; Contract Financing Part 34; Major System Acquisition Part 43; Contract Modifications Part 17; Special Contracting Methods Part 49; Termination of Contracts Part 24; Protection of Privacy and Freedom of Information Part 16; Types of Contracts

FAR Part 14; Sealed Bidding 6 FAR Subpart 14.1, Use of Sealed Bidding Method of contracting that employs competitive bids, public bid opening, and awards Award to the responsible bidder whose bid is responsive to the IFB, and most advantageous to the Government considering only price and price-related factors included in the IFB Firm-Fixed-Price and Fixed-Price-EPA only

FAR Part 14; Sealed Bidding 7 FAR Subpart 14.2; Solicitation of Bids Use Uniform Contract Format or simplified format Allow reasonable amount of time for submission of bids FAR Subpart 14.3; Submission of Bids Must be received at the specified location no later than the exact time set for bid opening Modification or withdrawal of bids is allowed up to the time of bid opening

FAR Part 14; Sealed Bidding 8 FAR Subpart 14.4; Opening of Bids and Award of Contract Bid Opening Officer publically opens and reads aloud all bids and records all bids After all bids are opened, an award will be made to lowest price responsive bid FAR Subpart 14.5; Two-Step Sealed Bidding Used to obtain the benefits of sealed bidding when adequate specifications are not available Step one; technical proposal evaluation Step two; sealed bids from technically acceptable offerors

FAR Part 14; Sealed Bidding The first step of two-step bidding involves a. price analysis only. b. technical analysis only. c. price and technical analysis. d. historical analysis. ANSWER: ____SOURCE(S): FAR (a)

FAR Part 15; Contracting By Negotiation 10 FAR Subpart 15.1; Source Selection Processes and Techniques Best value continuum (price/technical/past performance) Tradeoff process Lowest price technically acceptable Oral presentation

FAR Part 15; Contracting By Negotiation 11 FAR Subpart 15.2; Solicitation & Receipt of proposals and information Exchanges before receipt of proposals Request for proposals (Uniform Contract Format) A..Solicitation/contract form B.. Supplies or services and prices/costs C.. Description/specifications/statement of work D.. Packaging and marking E.. Inspection and acceptance F.. Deliveries or performance G.. Contract administration data H.. Special contract requirements

FAR Part 15; Contracting By Negotiation 12 FAR Subpart 15.2; Solicitation & Receipt of proposals and information Request for proposals (Uniform Contract Format) continued I.. Contract clauses J.. List of attachments K.. Representations, certification, and other statements L.. Instructions, conditions, and notices to offerors M.. Evaluation factors for award Issuing Solicitations Amending Solicitations

FAR Part 15; Contracting By Negotiation 13 FAR Subpart 15.3; Source Selection Select the proposal representing the best value. Source Selection Authority Evaluation factors Areas of importance Supports meaningful comparison of proposals Price/cost is ALWAYS evaluated! Past performance Exchanges with offerors after receipt of proposals Communication to establish competitive range Competitive range Exchanges with offerors in the competitive range Proposal revisions

FAR Part 15; Contracting By Negotiation 14 FAR Subpart 15.4; Pricing Policy Certified cost or pricing data (when required & not) Data other than certified cost or pricing data Proposal analysis (price analysis vs. cost analysis) Profit (structured approach to profit/fee objectives) Certificate of current cost or pricing data Defective certified cost or pricing data Make or buy, forward pricing rate agreements, should-cost review, estimating systems Table 15-2, Instructions for submitting certified cost/pricing data

FAR Part 15; Contracting By Negotiation 15 Subpart 5.5; Preaward, award, and postaward notifications, protests, and mistakes Preaward/postaward notification to unsuccessful offerors Preaward/postaward debriefing of offerors Protests against award Discovery of mistakes Subpart 5.6; Unsolicited proposals Acceptance and negotiation of unsolicited proposals Use and disclosure of data

FAR Part 15; Contracting By Negotiation Which statement about proposal revisions is true? a.A Contracting Officer may consider a revision to a proposal that has been eliminated or otherwise removed from the competitive range. b.Final proposal revisions may be oral. c.The Contracting Officer may request or allow proposal revisions to clarify and document understandings reached during negotiations. d.Cut off dates for submission of final proposal revisions are negotiated with each offeror. ANSWER: _____SOURCE(S): FAR (a), (b)

FAR Part 39; Acquisition of Information Technology 17 FAR Subpart 39.1; General Risk management (schedule, technical obsolescence, cost, contract type, technical feasibility, dependencies between projects/systems, funding, program management Modular contracting Information technology services Privacy Year 2000 compliance (Y2K) FAR Subpart 39.2; Electronic and information technology Access to and use by individuals with disabilities Exceptions to disability requirements

FAR Part 39; Acquisition of Information Technology Contracts to acquire information technology systems in successive, interoperable increments are known as: a. multi-year. b. successive. c. modular. d. Alpha. ANSWER: _____ SOURCE(S): FAR

FAR Part 36; Construction and architect- engineering contracts 19 FAR Subpart 36.1; Policy Construction – sealed bid procedures Architect-engineering (A&E) services – negotiation Design/bid/build – two-phase negotiation FAR Subpart 36.2; Construction Detailed specifications using recognized government, industry and technical society standards A&E (affiliates or subsidiaries) responsible for design is ineligible for award Fixed-price contracts (lump-sum, unit price, or FFP/EPA)

FAR Part 36; Construction and architect- engineering contracts 20 FAR Subpart 36.3; two-phase design build selection Phase One; technical evaluation of prospective offerors excluding cost or price related factors Purpose is to identify offerors for submission of Phase Two proposals (max 5 offerors) Phase Two; FAR 15 based best value proposals Submission of technical and price proposals Competitive negotiation

FAR Part 36; Construction and architect- engineering contracts 21 FAR Subpart 36.6; Architect-Engineering Services Competition under the Brooks Architect-Engineers Act (40 U.S.C. 1101) Negotiations begin with the most technically preferred firm Fee limited to 6% of estimated cost of construction excluding fees

FAR Part 36; Construction and architect- engineering contracts The methodologies Contracting Officers shall use in acquiring construction contracts and architect-engineer services, respectively are: a. negotiation and sealed bids. b. sealed bids and negotiation. c. negotiation and negotiation. d. sealed bids and barter. ANSWER: _____SOURCE(S): FAR

FAR Part 19; Small Business Programs 23 FAR Subpart 19.3; Determination of small business status Representations and certifications, ORCA, CCR North American Industry Classification System (NAICS) FAR Subpart 19.5; Set-Asides for Small Business Small business set-aside may be open to all small businesses Set-aside may be a single acquisition or class of acquisitions (total or partial) Market research shall be used to document why a set- aside is inappropriate

FAR Part 19; Small Business Programs 24 FAR Subpart 19.7; Small Business Subcontracting Program Individual Contract Plan; specific contract, entire contract period (including options), based on planned first-tier subcontracting for the contract Master plan; contains all required elements of an individual contract plan except goals Commercial plan; applies to entire production of commercial items during the offeror’s fiscal year Subcontracting plan shall be incorporated in the contract award Reporting through the Electronic Subcontract Reporting System (eSRS)

FAR Part 19; Small Business Programs 25 Small Business Categories Small Business Small Disadvantaged Business Woman-owned Small Business Economically Disadvantaged Women-Owned Business Veteran-Owned Small Business Service-Disabled Veteran-Owned Small Business HUBZone Small Business Concern 8(a) Program

FAR Part 19; Small Business Programs In making an award that requires a subcontracting plan, the CO must a.assure that a subcontract plan has been requested. b.in undefinitized instruments, require a draft plan within 90 days after award or before definitization, whichever occurs first. c.ensure that an acceptable plan is made a material part of the contract. d.delay the award if the SBA representative does not complete their review within 90 days. ANSWER: _____SOURCE(S): FAR

FAR Part 29; Taxes 27 FAR Subpart 29.1; Resolving tax problems Contracting Officers should request assistance from agency designated legal counsel When constitutional immunity from State or local taxation are at issue, discourage contractors from negotiating independently FAR Subpart 29.2; Federal Excise Taxes Solicit prices on a tax-exclusive basis when exempt and on a tax- inclusive basis when no exemption exists FAR Subpart 29.3; State and local taxes Generally, purchases and leases made by the Federal Government are immune from tax Purchases by contractors/subcontractors, the right to exemption may not rest with the Government’s immunity

FAR Part 29; Taxes Generally, purchases and leases made by the Federal Government are a. subject to state and local taxation. b. immune from state and local taxation. c. eligible for state and local tax rebates. d. subject to taxation only in states with Value Added Tax. ANSWER: _____SOURCE(S): FAR