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

2. 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.

3. 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

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

5. 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

6. 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.

7. 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 (a)).

8. Getting started

9. 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
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10. 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

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

12. 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
$750,000
Subcontracting (Prods & Services)
FAR
$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
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13. 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)

14. Identifying and Including the Right Clauses and Provisions

15. 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)

16. One FAR Example
Part 3 Improper Business Practices and Personal Conflicts of Interest
Subpart 3.10—Contractor Code of Business Ethics and Conduct
Contract clauses
(a) Insert the clause at FAR , 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 , 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.

17. 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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20. 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;
- 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)

21. Why are those “weird” clauses in there?

22. 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 , "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
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34. Final Words

35. 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

36. Skyway Acquisition Solutions, LLC Our Experience is Your Edge
      
Vicky Strycharske, Sr. Proposal Manager
Cell: (512)