Skyway Insight© Webinar Training From Contracting Officers Topic: How to Select FAR Clauses Host: Vicky Strycharske 07/14/2016

Vicky Strycharske 20 years in Department of Defense procurement 15 years managing and writing government proposals Kevin: I like this. It creates credibility and is short and too the point. In under a minute, you’ve got their attention.

Skyway Insight© Webinar Training From Contracting Officers Topic: How to Select FAR Clauses Or, Why are all those clauses in my contract? Host: Vicky Strycharske 07/14/2016

Agenda Getting started Selecting the clauses Why those “weird” clauses are in your contract Final words

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 01/14/2016

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.

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)).

Getting started

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 01/14/2016

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

What is the Government buying? Products Commercial off the shelf (COTS) Government developed Services Professional, Training, Medical, other IT Construction R&D Combination?

Contract Value Thresholds Threshold Title FAR Authority Threshold a/o 1 Oct 15 Micro-purchase FAR 2.101 $3,500 Simplified Acquisition $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 01/14/2016

Basic Information How to purchase? What type of contract? Competitive negotiated Sealed Bid GSA Schedule Commercial What type of contract? Firm Fixed Price Cost Reimbursable Time and Materials Indefinite Delivery Indefinite Quantity (IDIQ)

Identifying and Including the Right Clauses and Provisions

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 FAR Matrix: (doesn’t help with DFARS, or Agency clauses and the Matrix in general is of little practical use with all of its blank, as applicable, optional or inaccurate annotations)

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.

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 FAR Matrix: (doesn’t help with DFARS, or Agency clauses and the Matrix in general is of little practical use with all of its blank, as applicable, optional or inaccurate annotations)

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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 FAR Matrix: (doesn’t help with DFARS, or Agency clauses and the Matrix in general is of little practical use with all of its blank, as applicable, optional or inaccurate annotations)

Why are those “weird” clauses in there?

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 01/14/2016

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Final Words

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

Skyway Acquisition Solutions, LLC Our Experience is Your Edge        Vicky Strycharske, Sr. Proposal Manager Cell: (512) 483-1511 Email: vicky@skywayacquisition.com www.skywayacquisition.com