Contract compliance and the federal acquisition regulation. Federal acquisition regulation government contracting tips. The director of defense procurement, in concert with the federal acquisition regulations council, is sponsoring an initiative to rewrite the federal acquisition regulation far part 15, contracting by negotiation. Contracting by negotiation located in far part 14 far par 15 competition requirement located in far part 6 far part 6 permissible contract types 14. Contracting by negotiation located in far part 14 far par. Contracting by negotiation negotiations are not entertained in sealed bidding, in which proposals are evaluated without discussions with contractor far part 14 contracting by negotiation rules are in far part 15 government engages in discussions with prospective contractor and allows opportunities to. There is not a reasonable expectation of receiving more than one offer.
Streamlined evaluations under far part contracting. The federal acquisition regulation far part 15 contracting by negotiation, details the. They assist in the contracting officers determination of fair and reasonable price. The baseline validation process is not an adequate substitute for cost and price analysis that is the responsibility of the contracting officer. Far part 15 frequently asked questions cohen seglias.
Far part simplified acquisition procedures far part provides regulatory guidance for acquisition professionals when procuring goods and services under the simplified acquisition threshold sat. A debriefing under far part 15 is an opportunity for an offeror to better understand the basis for an agencys selection. Far part 15 negotiation procedures are among the most stringently defined and enforced procedures employed by a contracting officer in the course of an acquisition. Part 5 publicizing contract actions part 7 acquisition planning part 9 contractor qualifications part 10 market research part 19 small business programs subpart 33. Part 20reserved, not currently in use part 21reserved, not currently in use part 22application of labor laws to. A pocket guide to federal government contract debriefings 2016. Award will be based in part on comparative criteria other. A pocket guide to federal government contract debriefings. This thesis analyzed the major policies and influences that gave rise to these new rules, and determined the legislative and executive intent concerning its implementation. Part 36 construction and architectengineer contracts. How federal buyers how to develop an acquisition plan, how to use commercial or government resources and whether it.
Back to basics negotiations under far part 15 acquisitions. Time does not permit the solicitation, submission, and evaluation of sealed bids. For acquisitions that exceed the cost or pricing data threshold, if no exception at far 15. They should be based on the results of the contracting officers analysis of the offerors proposal, taking into consideration all pertinent information including field pricing assistance, audit reports and technical. How to promote full and open competition in the acquisition process. Structured approaches provide a discipline for ensuring that all relevant factors are considered in developing government profitfee negotiation objectives. In acquisitions conducted under the authority of far part 8. Use of an oral rfp does not relieve the contracting officer from complying with other far requirements. Learn vocabulary, terms, and more with flashcards, games, and other study tools. A debriefing is required for procurements under far part 15 contracting by negotiation. Far part 15 contracting by negotiation in government contracting. Farmer guss special eggs, a more rigorous procedure is required to ensure the goods are being obtained at a fair and reasonable priceand that the goods obtained are of sufficient quality and value to meet the. Far part 15 requirements for submission of proposals far part 16 solicitation termsco direction dfars 215. Nrcar part 2015 contracting by negotiation part 2015 contracting by negotiation subpart 2015.
The federal acquisition regulation far is the primary regulation for use by most. The 1997 far part 15 rewrite created significant changes in source selection in federal contracting, including new procedures and policies regarding pricing, bestvalue decisions, past performance evaluations, communication with offerors and more. Contracting by negotiation far part 15 adaptive acquisition. Contracting officers must ensure a price negotiation memorandum pnm is prepared for every procurement conducted using far part 15, contracting by negotiation, procedures. A contracting officer co determines a competitive range and creates the memo documenting that determination based on the ratings of each proposal against all technical evaluation criteria.
Select negotiation procedures if any one of the following is true. In addition, the procedures found in the following far parts are applicable to acquisitions conducted under far part 15. Start studying far part 15 contracting by negotiation. What is the intent of policymakers in implementing the far part 15 rewrite, and. It prescribes the environmental protection agency policies and procedures for contracting for supplies and services by negotiation. Far 15 describes the procedures for competitive and noncompetitive open market acquisitions exceeding the simplified acquisition threshold sat. Dars part 15 contracting by negotiation acquisition.
For contracting by negotiation questions, compliance by the contracting officer or for help with filing a protest about far part 15 discussions and far clarifications, call our gao protest lawyers at 18666015518. Generally, most dcaa efforts on firmfixed price type. The extent of dcaas involvement is determined by the type of contract that will be awarded. Far part 15 contracting by negotiation procurementpolicy. Defense federal acquisition regulation supplement part 215 contracting by negotiation 1998 edition 215. Negotiated procurements far part 15 contracting by negotiation permits the government to award a contract based on factors other than price. Firmfixedprice contracts shall be used when the method of contracting is sealed bidding, except that fixedprice contracts with economic price adjustment clauses may be used if authorized in accordance with 16. Cost estimating and the truth in negotiations act tina.
The method to challenge a rating generated by sprs is provided in the users manual. Basic methods of contracting far part sap far part 14 sealed bidding far part 15 contracting by negotiation we have determined requirement cannot be met via mandatory sources iaw far part 8 6. A debriefing also is not required when the debriefing was not timely requested within 3 days of notification of contract award. Contracting by negotiation located in far part 14 far par 15. Far part 15 contracting by negotiation far part 15 provides regulatory guidance for acquisition. Part 815 contracting by negotiation office of acquisition. In preparing a pnm, contracting officers shall consult far 15. Far part 6 far part 6 permissible contract types 14. Far part 15 frequently asked questions the following information is derived from the congressional research service. How the government publicizes contracting opportunities and award information. Construction and architectengineer services must be procured iaw far part 36. Far part 15 says that if any portion of a proposal received by the contracting officer electronically or by facsimile is unreadable, the contracting officer immediately shall notify the offeror and permit the offeror to resubmit the unreadable portion of the proposal. The pre negotiation plan template the content of the pre negotiation plan memorandum is identified in the template.
Noncompetitive contract negotiation and acquisition for goods that are unique and not subject to market forces, i. Far part 12 versus far part 15 contract award process the. Best value is the expected outcome of any acquisition that ensures the customers needs are met in the most. The far part 15 rewrite policy and its impact on full and. Simplified acquisition procedures are designed, among other things, to reduce administrative expenses, promote efficiency and economy in contracting, and avoid unnecessary burdens for agencies and contractors. Basic methods of contracting far part sap far part 14 sealed bidding far part 15 contracting by negotiation we have determined requirement cannot. Far part 15 establishes basic ground rules that are fundamental to a wellrun federal procurement. Far part prescribes policies and procedures for the acquisition of supplies and service, including construction, research and development, and commercial items, the aggregate amount of which does not exceed the simplified acquisition. The underlying assumption behind government structured approaches to profitfee analysis is the belief that contractors are motivated by profitfee. Contracting by negotiation part 15 includes information on source.
The prenegotiation plan template the content of the prenegotiation plan memorandum is identified in the template. The federal acquisition regulation far part 15 contracting by negotiation, details the procedures government contracting officers must follow when negotiating contracts, and was rewritten to streamline and improve the process. Far part 15 provides regulatory guidance for acquisition. For contracting by negotiation questions, compliance by the contracting officer or for help with filing a protest about far part 15 discussions and far clarifications, call our gao protest lawyers at 1. With a focus on far part 15, contracting by negotiation, students will gain a thorough understanding of the governments perspective in analyzing costs and prices that are presented in bids to the government. If the negotiated procedures from part 15 are used for a commercial item, the contract format at far 12. Negotiations are exchanges, in either a competitive or sole source environment, between the government and offerors, that are undertaken with the intent of allowing the offeror to revise its proposal. Apr 20, 2019 if you call it far part, but it looks like far part 15, then you have to follow the general rules of far part 15. Federal acquisition institute contracting professionals smart guide contract formation contracting by. Far part, simplified acquisition procedures, part 15, contracting by negotiation, and far part 19, small business programs except for 19. Boiled down to its essence, choosing a contractor in a competitive acquisition is a matter of. Far part 15 contracting by negotiation flashcards quizlet. Difference in far part 15 discussions and clarifications. Negotiations under far par 15 usda departmental management.
Cost and price analysis in government contracting course. The intent is to make part 15 easier to understand and to eliminate policies. Far parts 15 and 36, contracting by negotiation, construction. In a negotiated procurement, the government uses full and open competition and issues a request for proposal rfp. Dcaas audits are generally limited to pricing actions and contracts that fall under far part 15, contracting by negotiation.
Competitive negotiation source selection under far part 15. The key issues created or remaining unanswered by the new policy were identified and analyzed to determine their likely affect on. Part 215 contracting by negotiation under secretary of. If you call it far part, but it looks like far part 15, then you have to follow the general rules of far part 15. In 1997, the far part 15 contracting by negotiation underwent a comprehensive rewrite. The negotiated price should not exceed the offered price. Negotiations are exchanges, in either a competitive or sole source environment, between the government and offerors, that are undertaken with the intent of.