14 FAH-2 H-440
AWARDING CONTRACTS
(CT:COR-51; 04-19-2019)
(Office of Origin: A/OPE)
14 FAH-2 H-441 TYPES OF COMPETITION
(CT:COR-38; 08-18-2015)
a. The contract award determination is based on the two (2) formal solicitation processes:
(1) Sealed bidding (see 14 FAH-2 H-213.1 and Federal Acquisition Regulation (FAR) 48 CFR 14); and
(2) Competitive proposals (see 14 FAH-2 H-213.2 and FAR 48 CFR 15).
b. The award determination processes are covered in the following sections of this subchapter 14 FAH-2 H-440.
14 FAH-2 H-442 AWARD DETERMINATION
14 FAH-2 H-442.1 Sealed Bidding
(CT:COR-38; 08-18-2015)
a. The contracting officer must make contract award to that responsible bidder whose bid conforming to the invitation will be most advantageous to the U.S. Government, considering only price and price related factors (reference FAR 48 CFR 14.408, Award). There can be no discussions with any bidder(s). See FAR 48 CFR 14.405, "Minor informalities or irregularities in bids," 48 CFR 14.406, "Receipt of an unreadable electronic bid," and 48 CFR 14.407, "Mistakes in bids," for the proper resolution of issues.
b. The order of priority and processes for contract award when two or more low bids are equal in all respects is covered in FAR 48 CFR 14.408.6.
14 FAH-2 H-442.2 Competitive Proposals
(CT:COR-38; 08-18-2015)
a. Whatever the type of contract or kind of requirement, the U.S. Government makes the contract award to the offeror whose proposal offers the greatest advantage to the U.S. Government, price and other factors considered, in accordance with the solicitation.
b. The contracting officer is responsible for selecting the offeror to be awarded the contract, taking into consideration the recommendations of the contracting officer’s representative (COR), technical evaluation panel (TEP), and other advisory personnel.
c. The contracting officer is responsible for preparing the final contract document (see FAR 48 CFR 15.504). The contracting officer will review the contract and file documents for completeness, accuracy, and compliance with requirements. Before release of this document to the contractor for signature, the contracting officer coordinates with all parties to the negotiation to ensure that the final document incorporates the agreements reached in negotiations.
d. The contracting officer then transmits the contract package to the contractor for acceptance and signature. The contractor returns the signed contract to the contracting officer, who signs it on behalf of the U.S. Government. The contract becomes effective on the date signed by the contracting officer, unless otherwise specified in the contract. A copy of the fully executed contract is forwarded to the contractor, the COR, and the finance office.
14 FAH-2 H-443 DETERMINATION OF RESPONSIBILITY
(CT:COR-51; 04-19-2019)
a. Within the Code of Federal Regulations, the Federal Acquisition Regulation (FAR) 48 CFR 9.103 requires that purchases be made only from firms and, when appropriate, including subcontractors, that the contracting officer has determined to be responsible. In order for a contractor to be responsible, the contractor must:
(1) Have adequate financial resources to perform the contract or the ability to obtain them (reference 48 CFR 9.104-3(a);
(2) Be able to comply with the delivery or performance schedule;
(3) Have a satisfactory record of performance (reference 48 CFR 9.104-3(b);
(4) Have a satisfactory record of integrity, and business ethics;
(5) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs) applicable to the work to be performed;
(6) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and
(7) Be otherwise qualified and eligible to receive the award under applicable laws and regulations.
b. In accordance with FAR 48 CFR 9.104-6, contracting officers must review and consider all the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) and the Past Performance Information Retrieval System (PPIRS) to determine if contractors are debarred or ineligible, have unacceptable past performance, and are not currently delinquent on taxes or currently indicted.
c. The contracting officer must document the contract file to indicate how the information in FAPIIS was considered in any responsibility determination as well as the action that was taken as a result of the information.
d. If the contracting officer finds that the prospective contractor is not responsible, the contracting officer makes a determination of nonresponsibility and does not award the contract to that offeror. The determination of nonresponsibility is noted in FAPIIS. However, when a small business is involved, the contracting officer cannot make a determination of nonresponsibility but must bring the matter to the attention of the Small Business Administration (SBA). The SBA will initiate its own review and make a determination. If the SBA finds that the firm is responsible, it will issue a Certificate of Competency. Upon receipt of the certificate, the contracting officer has fulfilled his or her obligation and may proceed with the award.
e. If there is insufficient information to make a determination regarding contractor responsibility, the contracting officer may request a pre-award survey before awarding a contract to a firm with which the Department has not had a contract for similar work unless the firm has received a Certificate of Competency from the SBA. The extent of the survey depends upon the type of services being acquired. The survey may use other agency personnel such as the Department of Defense Contract Management Agency if the contractor is being monitored by the Department of Defense or may require engaging an audit firm to assist in the evaluation. Audit support should be requested from the Business Operations Division (A/OPE/AQM/BOD) who will coordinate the request.
f. Generally, prime contractors are responsible for determining the responsibility of their subcontractors. However, when it is in the U.S. Government's interest to do so, the contracting officer may determine a subcontractor's responsibility directly (e.g., when the contract involves medical supplies, urgent requirements, or substantial subcontracting (reference FAR 48 CFR 9.104).
g. See FAR 48 CFR 9.405 and Department of State Acquisition Regulation (DOSAR) 48 CFR 609.405 regarding contractors debarred, suspended firms, or those proposed for debarment. They are excluded from receiving contracts. Department of State contracting officers must not award contracts to, or consent to subcontracts with, these contractors unless the Procurement Executive (A/OPE) determines that there is a compelling reason for such action.
14 FAH-2 H-444 THROUGH h-449 UNASSIGNED