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3 Brand Name Specifications FAR : “shall not be written so as to require a particular brand-name,” if so …requires J&A FAR : “shall not be written so as to require a particular brand-name,” if so …requires J&A OFPP memorandum - April 11, 2005 OFPP memorandum - April 11, 2005 Concern over increased use of brand name specs Concern over increased use of brand name specs Limits competition; diminishes likelihood of achieving best value; severely limits small business participation Limits competition; diminishes likelihood of achieving best value; severely limits small business participation Emphasize physical, functional, performance characteristics Emphasize physical, functional, performance characteristics Requires Fedbizopps publication of J&A Requires Fedbizopps publication of J&A Applies to all acquisitions Applies to all acquisitions
Citation preview
GSA Expo 2006GSA Expo 2006Proper Use of GSA ContractsProper Use of GSA Contracts
Jeffrey B. BirchDefense Acquisition University(703) [email protected]
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Acquisition Planning Acquisition Planning Conduct market research … id contract Conduct market research … id contract
vehiclevehicle Reference Tools …GSA Advantage!®, e-library, , e-library,
customer service representatives, catalogscustomer service representatives, catalogs Perform contract scope determinationPerform contract scope determination
For Schedule orders (Schedule - SIN- Contract For Schedule orders (Schedule - SIN- Contract Scope)Scope)
Requiring agency CO makes scope determinationRequiring agency CO makes scope determination If questionable, call Schedule CO for assistanceIf questionable, call Schedule CO for assistance
GWACs have a specific processGWACs have a specific process Document your business decisions rationale your business decisions rationale
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Brand Name Brand Name SpecificationsSpecifications
FAR 11.105: “FAR 11.105: “shall notshall not be written so as to be written so as to require a particular brand-name,” if so …require a particular brand-name,” if so …requires J&Arequires J&A
OFPP memorandum - April 11, 2005 OFPP memorandum - April 11, 2005 Concern over increased use of brand name specsConcern over increased use of brand name specs
Limits competition; diminishes likelihood of achieving Limits competition; diminishes likelihood of achieving best value; severely limits small business participationbest value; severely limits small business participation
Emphasize physical, functional, Emphasize physical, functional, performance performance characteristicscharacteristics
Requires Fedbizopps publication of J&ARequires Fedbizopps publication of J&A Applies to Applies to all acquisitionsall acquisitions
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What is a GSA Assisted What is a GSA Assisted Acquisition?Acquisition?
GSA makes…GSA makes… the contract awardedthe contract awarded places a task or delivery order places a task or delivery order on behalf of another agency (i.e., GSA on behalf of another agency (i.e., GSA
awards a DoD requirement)awards a DoD requirement)
Remember … “the rules follow the money”
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Requirements Requirements Documentation for Assisted Documentation for Assisted
AcquisitionsAcquisitions Reimbursable Agreement …roles & responsibilitiesReimbursable Agreement …roles & responsibilities
Interagency Agreement/MOUInteragency Agreement/MOU Funding document … certified Funding document … certified
Scope of requirement – SOW, SOOScope of requirement – SOW, SOO Certification of internal review/approvalsCertification of internal review/approvals Evaluation criteria – “best value”, performance Evaluation criteria – “best value”, performance
measures measures Results of market research … realistic delivery Results of market research … realistic delivery
date/period of performance?date/period of performance? Special requirements (funding, testing) or terms & Special requirements (funding, testing) or terms &
conditions? conditions?
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What is a Direct What is a Direct Acquisition?Acquisition?
A task or delivery order placed by a using A task or delivery order placed by a using Agency official under a contract awarded by Agency official under a contract awarded by GSA.GSA.
Multiple Award Schedules (Schedules, FSS or Multiple Award Schedules (Schedules, FSS or MAS)MAS) FAR 8.405 ordering proceduresFAR 8.405 ordering procedures
Governmentwide Acquisition Contracts (GWACs)Governmentwide Acquisition Contracts (GWACs) Requires delegation of authority from GWAC program Requires delegation of authority from GWAC program
officeoffice Follow FAR 16.5 proceduresFollow FAR 16.5 procedures
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Direct Acquisitions using Direct Acquisitions using MASMAS
Conduct Acquisition Planning Conduct Acquisition Planning
Ordering procedures (FAR 8.405)Ordering procedures (FAR 8.405)
Simple supplies/services (no sow required) - (FAR Simple supplies/services (no sow required) - (FAR 8.405-1)8.405-1)
< Micro-purchases … place order (rotate awards)< Micro-purchases … place order (rotate awards) > Micro but under MOT … SHALL review 3 schedule sources > Micro but under MOT … SHALL review 3 schedule sources Over MOT (same as above), ask for a price reduction and additional Over MOT (same as above), ask for a price reduction and additional
schedule contractors shall be soughtschedule contractors shall be sought
Services requiring SOW – issue RFQ (FAR 8.405-2)Services requiring SOW – issue RFQ (FAR 8.405-2) Shall include SOW (FAR 8.405-2(b) – provide to additional Shall include SOW (FAR 8.405-2(b) – provide to additional
contractorscontractors Evaluations – meaningful comparisonEvaluations – meaningful comparison
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Meaningful Comparison orMeaningful Comparison orBest Value DeterminationBest Value Determination
1.1. Quality of Performance / Quality of Performance / StrategyStrategy
2.2. Cost Efficiencies Cost Efficiencies 3.3. Schedule Performance Schedule Performance 4.4. Business Relations Business Relations
Criteria for “best value” judgment – a balance between …
……greatest overall benefit and value greatest overall benefit and value in response to the requirementin response to the requirement
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Additional Special Additional Special FeaturesFeatures
Socio-Economic CreditSocio-Economic Credit Credit toward agency goalsCredit toward agency goals Credit for orders under both MAS and GWACCredit for orders under both MAS and GWAC
Schedule Blanket Purchase Agreements (BPAs)Schedule Blanket Purchase Agreements (BPAs) Simplified method for repetitive buysSimplified method for repetitive buys Multiple or single awardsMultiple or single awards