1. NAVAIR Patuxent River Services Contracting February 2008 Pam Gray

2. 2 Outline Contracting with NAVAIR – The Basics NAVAIR Competitive Process NAVAIR Sole Source Process NAVAIR Sources Sought Process Procurement Integrity Act Organizational Conflicts of Interest Procurements on the Horizon

3. 3 Contracting with NAVAIR The Basics Obtain a Data Universal Numbering System (DUNS) number –Contact Dun and Bradstreet to obtain one www.dnd.com Register in the Central Contractor Registration (CCR) System –After obtaining a DUNS number, register at www.ccr.govwww.ccr.gov Obtain a Contractor and Government Entity (CAGE) Code –Required for registering in the CCR system –First time users of CCR system located in the U.S. will be assigned a code when you register.

4. 4 Contracting with NAVAIR The Basics (continued) Familiarize yourself with DoD contract regulations and procedures –Federal Acquisition Regulations (FAR) – www.arnet.gov/far/www.arnet.gov/far/ –Defense FAR Supplement (DFARS) – www.acq.osd.mil/dpap/dfars/index.htm www.acq.osd.mil/dpap/dfars/index.htm Familiarize yourself with DoD electronic invoicing capabilities –Primary system for electronic processing of invoices and receiving reports –Register with Wide Area Workflow (WAWF) – https://wawf.eb.milhttps://wawf.eb.mil Register for Electronic Document Access (EDA) –Allows for viewing of your contract documents –Optional registration – http://eda.ogden.disa.mil/http://eda.ogden.disa.mil/

5. 5 Competitive Process Majority of competitions are conducted through; –Seaport Enhanced Multiple Award Contract –Open Solicitations posted on “Doing Business with Us” web page Key process steps –Pre-Solicitation Activity Conduct market research/sources sought Synopsize requirement Host Pre-Solicitation Industry Conference (if necessary) Issue draft solicitation documents of Industry comment (if necessary) –Solicitation/Proposal Development Activity Issue final solicitation Host Pre-Proposal Industry Conference (if necessary)

6. 6 Competitive Process (continued) Key process steps (continued) –Solicitation/Proposal Development Activity (continued) Industry prepares/submits proposal and may request clarifications –Evaluation/Award Activity Government evaluates proposals using solicitation evaluation criteria Determines award on initial offers or discussions are required Notifies successful and unsuccessful offerors of award Congressional notification (if necessary) Government awards contract to successful offeror Government debriefs unsuccessful offerors

7. 7 Sole Source Process Key process steps –Pre-Solicitation Activity Conduct market research/sources sought to determine competitive environment Issue notice in FEDBIZOPPS of intent to award sole source contract action -Opportunity to notify the Government that other companies are capable of providing the service –Solicitation/Proposal Development Activity Issue solicitation Industry prepares/submits proposal –Evaluation/Award Activity Government evaluates proposal and negotiates terms/conditions and final price/cost Congressional notification (if necessary) and award contract

8. 8 Sources Sought What is a Sources Sought and why is it used? –Process used to identify sources capable of fulfilling the Government’s requirements for supplies and/or services Form of Market research (FAR Part 10) Assists in determination to set aside the procurement for small business concerns or to establish small business subcontracting plan goals (FAR Part 19) Publicize in FEDBIZOPPS (FAR Part 5) or Seaport Enhanced –Used for both new and follow-on requirements If existing requirement was awarded to a large business or small business, still need to confirm the current capabilities of small businesses: 8(a), HubZone, SDVOSB, SDB, and SB –Validates the requirement and ability of companies to fulfill the requirement

9. 9 Sources Sought (continued) What is a Sources Sought and why is it used? (cont.) –Obtains information on potential suppliers (size, status, capabilities) Evaluate responses to Sources Sought synopsis and also search VetBiz.Gov and SubNet on NAVAIR SB website –Provides details on the potential for a competitive environment –Identifies interest of small business concerns The competition should be set aside if two or more 8(a), HubZone, SDVOSB, SDB, and SB are capable of meeting the requirements Who is involved? –PCOs/Contract Specialists –Technical/COR/TOM –Small Business Office –Industry

10. 10 Procurement Integrity Act FAR 3.104 (codified at Title 41, USC 423) Prohibits the disclosure of “Procurement Information” before contract award other than as provided by law –Applies to current and former Federal employees and anyone who is or has advised the Government regarding the procurement Provides that a person may not knowingly obtain “Procurement Information” before contract award other than as provided by law –Applies to everyone, including Federal employees and contractor employees

11. 11 Organization Conflicts of Interest FAR 2.101 –Because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. FAR 9.502(c) –An organizational conflict of interest may result when factors create an actual or potential conflict of interest on an instant contract, or when the nature of the work to be performed on the instant contract creates an actual or potential conflict of interest on a future acquisition. In the latter case, some restrictions on future activities of the contract may be required

12. 12 Organization Conflicts of Interest (continued) How is OCI applied in a NAVAIR contract? –NAVAIR Clauses: 5252.209-9510 5252.209-9511 5252.209-9513 –OCI Mitigations Plans Contracting Officers are required to exercise common sense, good judgment, and sound discretion in assessing whether an OCI exists and in developing a resolution.

13. 13 Procurements on the Horizon Program Management Support –PM Multiple Award Contract follow-on procurements Planning Industry Day - See FEDBIZOPPs announcement posted 16 Jan 08 TBD

14. BACK-UP SLIDES

15. 15 Procurement Integrity Act Penalties for Individuals and Organizations –Individual improperly discloses or obtains Source Selection Information (SSI) or Contractor Bid and Proposal Information (CBPI): in exchange for anything of value, or in order to obtain for himself, or give to anyone else, a competitive advantage in the award of a Federal contract. –Individual knowingly discloses or obtains SSI or CBPI in violation of Procurement Integrity Act (but not in exchange for anything of value, or to give anyone a competitive advantage).

16. 16 Procurement Integrity Act What are not Violations of the Disclosure Ban –Information already disclosed publicly or made available to public –Information disclosed by contractors. You are not prohibited from disclosing your own CBPI. –SSI and CBPI disclosed, pursuant to a proper request, to Congress, the Comptroller General, or the Inspector General (provided the SSI or CBPI is highlighted and notice given that disclosure is restricted to the Procurement Integrity Act)