14 FAH-2 H-400
SOLICITATION, EVALUATION, AND AWARD
14 FAH-2 H-410
sOLICITATION
(CT:COR-48; 05-04-2018)
(Office of Origin: A/OPE)
14 FAH-2 H-411 GENERAL
(CT:COR-37; 08-12-2015)
a. The previous 14 FAH-2 chapters focused on the initial phase of the contracting process: preparing for the solicitation. This chapter discusses the second phase: solicitation, evaluation, and award. The U.S. Government communicates its requirements to the private sector by means of a solicitation document, the invitation for bid (IFB), the request for proposal (RFP), or the request for quotation (RFQ); evaluates bids/proposals; conducts negotiations (competitive negotiation method only); and awards a contract. In this phase, the contracting officer has primary responsibility, with the contracting officer’s representative (COR) providing technical advice and support.
b. The contracting officer’s representative (COR) and the contracting officer responsibilities during the solicitation stage are shown in 14 FAH-2 Exhibit H-411.
14 FAH-2 H-412 PUBLICIZING REQUIREMENTS
(CT:COR-37; 08-12-2015)
The U.S. Government's policy is to obtain maximum competition consistent with the nature of the acquisition. Depending on the type of requirement, there are various methods used to obtain prospective sources under a competitive situation. The requirements and contracting offices should be jointly interested in assuring that the U.S. Government obtains adequate competition through the solicitation of bids or offers from as wide a range of sources as possible, whose offer is the most advantageous to the U.S. Government, considering the administrative costs of the purchase (reference 48 CFR 13.104).
14 FAH-2 H-413 reserved
(CT:COR-20; 01-03-2012)
14 FAH-2 H-414 SOLICITATIONS
(CT:COR-37; 08-12-2015)
a. The purpose of the solicitation (invitation for bids (IFB) for sealed bidding; request for proposals (RFP) for competitive negotiation; request for quotation (RFQ) for simplified acquisitions) is to provide the information needed by prospective offerors to prepare an offer or quotation for U.S. Government consideration. The solicitation consists of the terms, conditions, and provisions that will constitute the resulting contract, and will indicate all the information that prospective offerors must furnish to permit a meaningful and equitable evaluation of their proposals. It consists of a technical section, normally the description or performance work statement (PWS) which describes the goods or services to be acquired; an administrative section providing instructions for the submission of proposals; the evaluation criteria and methods for proposal evaluation and contractor selection (if an RFP); proposed contract terms and conditions; and representations and certifications to be completed by the offeror.
b. An RFP will require that proposals be submitted in two parts—a "technical proposal" and a "business or cost/price proposal." Each part is to be complete in itself so that one part may be evaluated independently of the other part.
c. An RFP must include the evaluation criteria and their relative importance. Only the criteria set forth in the RFP can be used in evaluating proposals. The criteria cannot be modified without a formal amendment to the solicitation.
14 FAH-2 H-414.1 Uniform Contract Format
(CT:COR-37; 08-12-2015)
a. The contracting officer is responsible for preparing the solicitation. Much of the information in the solicitation is derived from the procurement request package previously submitted by the requirements office. The Federal Acquisition Regulation (FAR) 48 CFR 14.201-1 and 48 CFR 15.204-1 requires contracting officers to use the uniform contract format outlined in 14 FAH-2 Exhibit H-414.1(1) when preparing solicitations and contracts for noncommercial items. The uniform format facilitates preparation and review for both U.S. Government officials and offerors.
b. The uniform contract format is not used for commercial-item solicitations. However, 48 CFR 12.303 provides a contract format for commercial-item solicitations that is very similar to the uniform contract format. See 14 FAH-2 Exhibit H-414.1(2).
14 FAH-2 H-414.2 Solicitation Approval
(CT:COR-37; 08-12-2015)
a. Request for Proposals (RFP): The COR and all other members of the technical evaluation panel (TEP) must be familiar with and understand the RFP prior to its release to the public. Make sure that TEP members understand what the performance work statement (PWS) requires the contractor to accomplish for each U.S. Government requirement. This avoids misinterpretations later during the evaluation process. Reach a consensus and understanding with all TEP members on what specifically is meant by each evaluation criterion. This ensures that proposals are evaluated consistently and should avoid any significant variations in scores.
b. Invitation for Bids (IFB): Since there is no TEP in a sealed bidding situation, the contracting officer’s representative (COR) need only review and approve the IFB prior to its release.
c. Solicitation release: Once the solicitation has been reviewed and approved, the contracting officer will print the solicitation and mail out a copy to all parties on the solicitation mailing list or instruct offerors to download the solicitation from an electronic commerce site. For noncommercial item acquisitions exceeding $25,000 that are synopsized on the Federal Business Opportunities (FedBizOpps) website, the U.S. Government must give offerors at least 30 days to prepare their bids or proposals. For commercial item acquisitions, contracting officers must provide a reasonable amount of time. For World Trade Organization Government Procurement Agreement (WTO GPA) covered procurements equal to or over $204,000 at overseas contracting activities, the combined synopsis and solicitation must be open for 40 days. 48 CFR 25.401 provides a list of exceptions to the application of the WTO GPA.
14 FAH-2 H-415 PRE-PROPOSAL CONFERENCES
(CT:COR-37; 08-12-2015)
a. The contracting officer, in consultation with the COR, may decide that a pre-proposal or pre-bid conference is necessary to brief prospective offerors, before the offers are submitted. It is generally used where the work requirements are complex. Whenever possible, the contracting officer makes the decision to hold a pre-proposal conference prior to the issuance of the solicitation so that a notice to that effect may be included in the solicitation. If the decision to hold the conference is made after the solicitation is issued, the contracting officer must provide all recipients of the solicitation with adequate notice of the time, date, location, purpose, and scope of the conference. The contracting officer and COR must ensure that answers to all significant questions are reduced to writing and that significant material is provided to all prospective offerors (reference 48 CFR 15.201).
b. The contracting officer conducts the pre-proposal conference. The COR attends to advise on technical matters. The contracting officer is responsible for determining the agenda and ensuring that a record of conference proceedings is prepared for distribution to all recipients of the solicitation, whether or not they are in attendance.
c. The pre-proposal conference may be used to:
(1) Disclose any ambiguities, errors, or omissions in the solicitation that may later be corrected in a written amendment;
(2) Discuss any exceptional demands on a prospective contractor's capacity or capability; or
(3) Clarify complicated work statements and provide further insight into the scope and complexity of the project.
14 FAH-2 H-416 COMMUNICATIONS WITH OFFERORS
(CT:COR-37; 08-12-2015)
a. Between the time that a solicitation is issued and the contract is awarded, only authorized contracting personnel may have contact with the offerors. The COR must refer, without answering, all questions received from prospective offerors to the contracting officer. The solicitation gives the name of the contracting officer and states that only the contracting officer represents the U.S. Government. This procedure ensures that all prospective offerors receive equal treatment.
b. The contracting officer must sign all correspondence to prospective contractors regarding the acquisition and must receive all correspondence from prospective contractors relating to the acquisition.
c. If, for any reason, one offeror is given information beyond what is contained in the solicitation, the same information must be given by means of a formal amendment to all others responding to the solicitation (reference 48 CFR 14.211).
14 FAH-2 H-417 AMENDING THE SOLICITATION
(CT:COR-37; 08-12-2015)
a. It may be necessary to amend the solicitation for such reasons as:
(1) Issues raised in the pre-proposal conference;
(2) The need to change the closing date for receipt of proposals;
(3) The need to correct defects or ambiguities; or
(4) Significant changes in quantity, specifications, or delivery schedules.
b. Amendments to solicitations are administratively expensive and may delay contract award. When an amendment is unavoidable, the contracting officer prepares and distributes the amendment to all recipients of the solicitation. The contracting officer cannot award a contract unless amendments made to the solicitation have been issued in sufficient time to be considered by prospective offerors. If the solicitation was published in the FedBizOpps website, the amendment should be posted there as well.
c. See 48 CFR 15.206(g) for the minimum information that should be included in each amendment when contracting by negotiation. For an amendment of invitation for bids, 48 CFR 14.208 requires the use of Form Standard Form 30, Amendment of Solicitation/Modification of Contract.
14 FAH-2 H-418 AND H-419 UNASSIGNED
14 FAH-2 Exhibit H-411
Contracting Officer's Representative (COR) and Contracting Officer
Responsibilities in the Solicitation Stage
(CT:COR-37; 08-12-2015)
|
Procurement Stage |
COR Responsibilities |
Contracting Officer Responsibilities |
|
Preparing the solicitation |
Provide technical input on requirements such as specification, statement of work, required delivery, training requirements, etc. Obtain technical evaluation panel (TEP) approval of the solicitation Assist the contracting officer in pre-proposal conference Answer pre-proposal conference questions |
Prepare draft solicitation for TEP review Prepare final solicitation Respond to inquiries Hold pre-proposal conference, if needed Amend solicitation, if needed |
|
Evaluating proposals |
Prepare technical evaluation plan Chair TEP Evaluate proposals and prepare TEP report |
Advise TEP Review cost proposals Establish competitive range Control discussions and negotiations Evaluate and advise TEP on report |
|
Negotiation and award |
Provide technical support to the contracting officer Assist in negotiations, as required Assist in debriefings, as required |
Supervise negotiations Complete award process and obtain approvals Notify unsuccessful offerors Conduct debriefings |
14 FAH-2 Exhibit H-414.1(1)
Uniform Contract Format
(CT:COR-37; 08-12-2015)
Part I - The Schedule
Section A - Solicitation/Contract form
Section B - Supplies or services and prices
Section C - Description/Specifications/Work statement
Section D - Packaging and marking
Section E - Inspection and acceptance
Section F - Deliveries or performance
Section G - Contract administration data
Section H - Special contract requirements
Part II - Contract Clauses
Section I - Contract clauses
Part III - List of Documents, Exhibits, and Other Attachments
Section J - List of documents, exhibits, and other attachments
Part IV - Representations and Instructions
Section K - Representations, certifications, and other statements of bidders
Section L - Instructions, conditions, and notices to bidders
Section M - Evaluation factors for award
Reference 48 CFR 14.201-1 and 48 CFR 15.204-1
14 FAH-2 Exhibit H-414.1(2)
Commercial Item Format
(CT:COR-48; 05-04-2018)
a. Form SF-1449, Solicitation/Contract/Order for Commercial Items.
b. Continuation of any block from Form SF-1449, such as:
(1) Block 10 if an incentive subcontracting clause is used (the contracting officer must indicate the applicable percentage);
(2) Block 18B for remittance address;
(3) Block 19 for contract line item numbers;
(4) Block 20 for schedule of supplies/services; or
(5) Block 25 for accounting data.
c. Contract clauses:
(1) FAR 48 CFR 52.212-4, Contract Terms and Conditions - Commercial Items, by reference (see Form SF 1499, Block 27a);
(2) Any addendum to FAR 48 CFR 52.214; and
(3) FAR 48 CFR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders.
d. Any contract documents, exhibits, or attachments; and
e. Solicitation provisions:
(1) FAR 48 CFR 52.212.1, Instructions to Offerors - Commercial Items, by reference (see Form SF 1499, Block 27a);
(2) Any addendum to FAR 48 CFR 52.212.1;
(3) FAR 48 CFR 52.212-2, Evaluation - Commercial Items, or other description of evaluation factors for award, if used; and
(4) FAR 48 CFR 52.212-3, Offeror Representations and Certifications - Commercial Items.
Reference 48 CFR 12.303.