Contracting Roles, Responsibilities & Timelines: Officers, Specialists, Agents & More, Slides of Competition Law and Policy

Download Contracting Roles, Responsibilities & Timelines: Officers, Specialists, Agents & More and more Slides Competition Law and Policy in PDF only on Docsity! Roles, Responsibilities and Timelines for Contracting 1 Docsity.com CONTRACTING OFFICER • A person with the delegated AUTHORITY to enter into, administer, and/or terminate contracts and make related determinations and findings (FAR 1.602-1) • In order to be a Contracting Officer, you must meet certain qualifications and be issued a warrant that identifies the scope and limits of your authority. 2 Docsity.com RESPONSIBILITIES • Manages, performs, and administers contracting functions for supplies, services, and construction. • Uses automated contracting systems to prepare, process, and analyze transactions and products. • Acts as business advisor, buyer, negotiator, administrator, and Contracting Officer. 5 Docsity.com PURCHASING AGENT • A Purchasing Agent is a Contracting Officer, with delegated authority to make small purchases for supplies and non-personal services. • A small purchase is generally $100,000 or less on the open market and can be larger on a GSA schedule contract. 6 Docsity.com RESPONSIBILITIES - Sign contracts - Obligate Government Funds - Commit Government Property - Authorize Contract Deviations - Direct Changes - Suspend or Terminate Performance - Recoup Funds from Contractor - Suspend Payment to Contractor - Ensure that Contractors receive impartial, fair and equitable treatment. - Comply with: - Code of Federal Regulation (CFR); - Federal Acquisition Regulation (FAR); - Executive Orders (E.O.) ; - Department of the Interior (DOI) Regulations; - National Park Service (NPS) Regulations and Instructions; and - Other applicable governmental laws and regulations. 7 Docsity.com STANDARDS OF CONDUCT  The business ethics of all who are charged with administration and expenditure of public funds must be above reproach at all times.  It is important that everyone who is engaged in NPS procurements and related duties adhere to and be guided by the DOI policies and instructions on personnel conduct. 10 Docsity.com WHAT IS THE FAR? Federal Acquisition Regulation • The primary document that establishes policies and procedures for acquisition by all Executive Agencies. 11 FAR Docsity.com WHAT IS A CONTRACT? • A contract is a means of communication • It includes five elements - offer, acceptance, consideration, legal substance and competent parties • May be oral or written • Must have a “Meeting of the Minds” 12 Docsity.com PALT GUIDELINES FOR IDIQ CONTRACTS Best Value Orders placed against Indefinite Delivery Indefinite Quantity (IDIQ) Contracts – Requires evaluation of proposals 14-30 days < $ 25,000 30-60 days > $ 25,000 60-90 days > $100,000 – Orders in excess of $500,000 require legal review and may increase time – Actual time may vary based on the availability of evaluation panels 15 Docsity.com GENERAL PALT GUIDELINES • 2-10 days Orders for equipment placed against GSA Schedule • 10-45 days Orders requiring a Scope of Work placed against GSA Schedule **Again, actual time may vary based on availability of the Evaluation Panel. 16 Docsity.com TEN REASONS WHY PROCUREMENT ACTIONS ARE DELAYED… 10. Type of Procurement 9. Requirement for Pre-Proposal Conference 8. Requirement for a Pre-Proposal Site Visit 7. Justification for Other Than Full and Open Competition and/or Sole Source Challenge 6. Complexity of Procurement 5. Poor Scope of Work or Specifications 4. Change to Requirement 3. Protests 2. Lack of adequate funding 1. Incomplete Purchase Request Package!!! 17 Docsity.com SIMPLIFIED ACQUISITION Methods of Solicitation Simplified Acquisition Procedure = < $100,000 • Micropurchases (Less than $2,500 or $3,000 if specifically delegated) - Procured with Government Purchase Card as permitted by regulation. Sources must be rotated. - Exempt from Small Business and Buy American Acts • Competitive ($3,000 to $100,000) - Oral or written solicitation - Competition required - Written Request for Quotation (RFQ) when detailed Purchase Description or large number of items - 100% Set-aside for Small Business (including 8(a)) - Posted in FedBizOpps ($25,000-$100,000) 20 Docsity.com ANTI-DEFICIENCY ACT • Provides that no Government Officer or employee shall authorize or create any obligation, or make any expenditure, in excess of the funds available, or in advance of being appropriated. 21 Docsity.com Components of the Acquisition Cycle • Acquisition Plan • Scope of Work • Data requirements • Source Selection Plan • Acquisition package preparation (including market surveys and obtaining applicable approvals and waivers) • Purchase Request (submission and acceptance) • Justification and approval for Other than Full and Open Competition • Advertising the requirement • Legal review and approval (as required) • Issuance of the solicitation 22 Docsity.com Purchase Description • The supplies/services must be described in a manner that will encourage maximum competition and eliminate any restrictive features that limit acceptable quotes to one Contractor’s product. 25 Docsity.com GSA Schedules • GSA Schedules are contracts that are awarded by GSA and are available for use by Government agencies. • Each schedule has multiple awards with Contractors that meet the minimum requirements. • Regulations require competition (three or more quotes) when placing orders against a GSA schedule. • Award using best value or best price. 26 Docsity.com QUESTIONS If you have any questions, please contact the Office of Acquisition Management at (304) 535-6236. 27 Docsity.com