Explosives Requirements Contracting Division Industry Summit Rules of Engagement Summit Reminders Explosives Requirements Contracting Division presented by: Ashley Rock Ready. Resourceful. Responsive!

Competition in Contracting Act 10 USC 2304 Do not discuss open competitive solicitations. All questions must be sent in writing to the Contracting Officer; answers are posted by amendment to the solicitation. Do not discuss any upcoming sole source requirements unless a J&A has been approved. Any discussion of upcoming sole source requirements is not binding. Until there is a formal award, there is no guarantee there will be an award. Requirements can be and are cancelled for various reasons.

Competition in Contracting Act 10 USC 2304 Competitive buys, do not discuss specifics of upcoming requirements. Includes plans, when they will be released, or any information that could be used to give advantage to one vendor over another. Competitive Buys Example: If we are going into discussions or will be requesting Final Proposal Revisions, we can’t tell you if we will or when.

Procurement Integrity Act 41 USC 423 Specific to solicitations and source selection information, there are penalties for both Government personnel and vendors receiving certain information that could lead to an unfair advantage. Includes all technical data and source selection materials. Even the appearance of impropriety can disqualify a vendor from a procurement.

Trade Secrets Act Any proprietary or source selection material is protected by the Trade Secrets Act. We cannot divulge your information. By the same token, we are limited in the technical help we can provide if our knowledge comes from proprietary information of another vendor. Our technical people can advise on problems but they cannot tell you “how” to do something – particularly if it is how another vendor does it.

Unauthorized Commitments An unauthorized commitment is a purported agreement that is not binding because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government. FAR 1.602-3(a)

Unauthorized Commitments POC for all open solicitations is the Contracting Officer, not technical. Only a warranted Contracting Officer can authorize changes to a contract. Contract Specialist should always be present, or on the phone, during discussions, even involving technical issues. 1. For open solicitations and contracts, always copy the Contract Specialist. 2. Authorizing changes -- Includes testing, changes to delivery schedule or place, technical requirement. Unauthorized actions require ratification procedures that can tie the contract up for years. The KO cannot just issue a mod after the fact. Government may not pay additional costs and the person may be personally liable. 3. Everything goes through NAVSUP or AF Contracting… urgent or technical, Contracting still must be copied.

Ethics We cannot accept gifts or anything of market value greater than $20 at one time, or cumulatively of $50 in any year.

Questions Contracting Discussion and Questions after the afternoon break 3x5 Cards for written questions Submit cards before the break in the basket at the back of the room