1. Contracting Officer Representative (COR) Refresher “Mock Technical Evaluation Panel (TEP)” Brian K. Goodger Associate Director, OLAO November 20, 2014

2. US Government contracting is based on 2 principles: 1.Competition. Quality goes up, price goes down. 2.Small Business Participation. Creates jobs, stimulates the economy. Why does the US Government contract? – Because we cannot produce the product/provide the service in-house. Goals of the US Government in contracting: – Award to contractors who will provide a quality product or service, in the specified amount of time, within cost, while providing customer service to the US Government. Contracting Officer’s Representative – The federal employee responsible for the technical direction of the contract (COR). Writes the SOW, expert in the product or service being procured, cannot award or modify contracts. Reviews monthly reports, inspects product, and works closely with the CO. Reviews invoices. Monitors Cost, Schedule, & Performance. Review from last COR class

3. Acquisition Relationships COR (Customer) Contractor (Private Sector) CO (Actual Authority) The CO and the Contractor serve the COR. The COR determines the need and the requirements.

4. 1 Determine a Need Identify service/product desired 2Assemble Acquisition Team COR, CO, CS, AO, OGC, program team 3Draft Statement of Work Salient Characteristics Deliverables Delivery Schedule Special Requirements, Mandatory & Standard Evaluation Criteria Technical Proposal Instructions 4Develop an Acquisition Plan (AP) Identify Sources Conduct Market Research Construct IGCE Availability of Commercial Item Competition Method (RFP) Select contract type (FP/CR) Select TEP members Other issues (warranty/options) 5Meet with Acquisition Team to review Draft SOW & Draft AP Make corrections 6Finalize SOW & Acquisition Plan 7Present Final SOW and Final AP to the Contracting Officer Phases of Acquisition Process 1Draft and Post Final Synopsis FedBizOpps.gov 2CO drafts and finalizes RFP for internal review 3Post Solicitation/RFP (request for proposal) FedBizOpps.gov 4Answer Questions submitted by Potential Offerors 5All Communication goes through the Contracting Officer 6Amend solicitation/RFP 7Receive & Record Proposals 8Distribute Proposals to TEP Team 9CO reviews business proposals and begins cost and price analysis 10Hold TEP Score Proposals to evaluation criteria Develop technical score Vote acceptable/Unacceptable TEP report to CO 11Determine Competitive Range 12Submit Questions to Offerors in Competitive Range. Notify those excluded. May conduct debriefings. 13Review Answers to Questions 14Negotiate, win-win solution 15Might need a revised proposal 16Request and Receive Final Proposal Revisions (FPR) 17Make a Source Selection 18Award Contract 1Copy of Contract to Contracting Officer Representative (COR) Highlight PO duties 2Post Award Kick-Off Meeting 3Read & Review Monthly Progress Reports 4Inspect and Accept Product or Service 5COR reports issues/concerns/problems to Contracting Officer 6Execute Contract Modifications Unilateral or Bilateral Exercise options 7Review & Approve Invoices 8Maintain Deliverables of Contractor 9Perform Site-visits to Contractor 10Perform Annual Evaluation of Contractor’s Performance 11Assist in Contract Closeout *On average Contracts have a period of performance of 5 years *Some have 1 base year + up to 4 option years (could have between 2–5 years total) Acquisition Planning RFP/Solicitation Contract Administration

5. 4 Contracts vs. Grants Contract – For the sole purpose of supporting the Government – Solicitation: RFQ, IFB, RFP – Results in a: Quote, Bid, Proposal – Heavy Government oversight, interaction, and coordination – Procurement mechanism Grant – For the sole purpose of supporting the Public – Solicitation: FOA, RFA – Results in an: Application – Limited Government oversight, interaction, and coordination – Financial assistance mechanism

6. Phases of the Acquisition Process Phase I Acquisition Planning Phase II Solicitation / RFP Phase III Contract Administration Takes an Average of 7–9 months for Phases I & II

7. 1.Draft and Post Final Synopsis – FedBizOpps.gov 2.CO drafts and finalizes RFP (request for proposal) for internal review 3.Post Solicitation/RFP – FedBizOpps.gov 4.Answer Questions submitted by Potential Offerors 5.All Communication goes through the Contracting Officer 6.Amend Solicitation/RFP 7.Receive & Record Proposals 8.Distribute Proposals to TEP Team 9.CO reviews business proposals and begins cost and price analysis Phase II – Solicitation/RFP Phases of Acquisition Process 10.Hold TEP –Score Proposals to evaluation criteria –Develop technical score –Vote Acceptable/Unacceptable –TEP report to CO 11.Determine Competitive Range 12.Submit Questions to Offerors in Competitive Range. Notify those offerors excluded. Debriefings possible. 13.Review Answers to Questions 14.Negotiate, win-win solution 15.Might need a revised proposal 16.Request and Receive FPR (Final Proposal Revisions) 17.Make a Source Selection 18.Award Contract

8. Technical Evaluation Panel (TEP) Purpose of a TEP: A.To have technical (scientific) experts evaluate the merits of the technical proposal by identifying strengths and weaknesses and providing any questions to the CO that should be asked if the respective company makes the competitive range. B.Provide a TEP score and subsequent TEP report to the CO, so the CO can have all the information necessary to make a competitive range determination. A TEP is required in all acquisitions expected to exceed $500,000 (HHSAR 315.305) (FAR 15.305 – Proposal Evaluation) What is a TEP?

9. The responsibility of selecting the TEP members is made at least one level above the COR. TEP members must sign a Conflict of Interest Agreement (COI) and Non Disclosure Agreement (NDA) and return it to the CO. TEP members only see the technical proposal and normally have 2 – 3 weeks to review the proposals. TEP members prepare their narrative comments on each proposal as they read, but do not score the proposals yet. All proposals returned to the COR & CO after review. How does a TEP function?

10. TEP members will discuss and score each proposal on its own merit against the evaluation criteria (section M of the RFP) and will not compare the proposals. The COR is normally the Chairperson of the TEP and usually a voting member. The Contracting Officer normally facilitates the TEP, but is non voting member. CO is charged with ensuring the TEP is run on an equal playing field for all competitors. The Chairperson and the CO decide if the TEP should be reconvened for subsequent proposal revisions. Questions ? TEP 101

11. Product shall Vaccinate against: Anthrax, Botulism, Ebola, & Smallpox USG will pay for Advanced Research & Development of the product Shelf Life of 7 years Attain Licensure in 5 years Deliver Product in 4 years Provide 25 grams for First Article Testing (Independent Government Testing) within 3 years Options for doses in increments of 10 million, from 10 million doses to 100 million doses B.A.E.A. Vaccine Requirements: