Skyway Insight© Webinar Training From Contracting Officers

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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>

Skyway Insight© Webinar Training From Contracting Officers Topic: Part 6:  Taking the Mystery Out of Reading and Understanding Solicitations Host: Tim Griggs

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?

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)

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.)

Publicizing Contract Actions Synopsis Request for Information Special Notice (Limited competition, sole source, Justification & Approval) Solicitation RFQ RFP IFB

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.

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

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)

Standard Forms and their uses Solicitation Award Request for Quotes (RFQ) SF18 – Request for Quotation (non-binding) SF26 – Award/Contract Request for Quotes – Commercial Items and Simplified Acquisition procedures SF1449 – Solicitation/Contract/Award for Commercial Items Negotiated Procurements (RFP) SF33 – Solicitation, Offer and Award or Negotiated Procurements/RFP for Construction above Simplified Acquisition Threshold (SAT) SF1442 – Solicitation, Offer, and Award (Construction, Alteration, or Repair) Sealed Bidding (Invitation for Bids) Sealed Bidding/IFB using simplified contract format SF1447 – Solicitation/Contract

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

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

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

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

Key differences between solicitation types RFQ RFP IFB Used for Requests for Information & Simplified Acquisitions Negotiated Procurements Sealed Bidding Binding offer? No Yes Uniform Contract Format? Form used? SF18, SF1449, or non-standard SF33 Can be issued orally? Applicable FAR Part FAR Part 13 FAR Part 15 FAR Part 14 NOTE: Each of these methods may use Commercial Contracting procedures following FAR Part 12

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

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

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-the- uniform-contract-format-ucf/

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

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

How to read and understand the SF18

How to read and understand the SF18

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

How to read and understand the SF1449

How to read and understand the SF1449

How to read and understand the SF1449

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

How to read and understand the SF33

How to read and understand the SF33

How to read and understand the SF33

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

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 non- responsive

Amending the Solicitation

Amending the Solicitation

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

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.

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

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

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

Conclusion Questions?