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Contracting Activity Briefing Slide Submission to DASA(P) on Post Award Peer Review. See next slide for content. Post Award Peer Review Briefing Slides. Contracting Activity: _______________ Contract No. XXXXXX-XX-X-XXXX Title of Service: _______________
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Contracting Activity Briefing Slide Submission to DASA(P) on Post Award Peer Review See next slide for content
Post Award Peer Review Briefing Slides Contracting Activity: _______________ Contract No. XXXXXX-XX-X-XXXX Title of Service: _______________ Name of Submitter: _______________ Position: _______________ Email: _______________ Date: _______________
Purpose Post Award Peer Review Briefing Slides • To brief the Senior Services Manager (SSM)on the elements addressed during the post award peer review for Contract Number{insert number} for{insert title of service} • To satisfactorily complete post award peer review prior to exercising Option Period {insert applicable option}
Team Members Post Award Peer Review Briefing Slides • {Insert names and positions of contracting activity’s post award peer review participants}
Overview Post Award Peer Review Briefing Slides • Requirement Description • Basic Contract Information • Market Research • Contractor Performance • Maintaining Competition • Contractor’s Subcontract Management • Staffing of Contract Management and Oversight Functions • Assessment of Excessive Pass-Through Charges • De Facto Personal Services Contracts • Contracts for Acquisition Functions • Objective Incentives • Lessons Learned • Best Practices
Requirement Description Post Award Peer Review Briefing Slides • {Use bullet format when defining requirement}
Basic Contract Information Post Award Peer Review Briefing Slides • Contract Number: {if multiple award, include contract number and contractor name for each} • Contract Type • Contractor name • Total Estimated Value: {include value of the base & all option periods} • Performance Period: {include date and dollar value for the base and each option period IAW example below} Base Period 1 Oct 2016 – 30 Sep 2017 $ 1st Option Period 1 Oct 2017– 30 Sep 2018 $ 2nd Option Period 1 Oct 2018 – 30 Sep 2019 $ 3rd Option Period 1 Oct 2019 – 30 Sep 2020 $ • Unliquidated Obligations: {include the current ULOs by CLIN and identify steps taken with RMs to obligate or deobligate before funds cancellation}
Market Research Post Award Peer Review Briefing Slides • Based on market research results, exercising the option {insert “is” or “is not”} in the best interest of the Government • {Provide rationale to support decision, i.e., discuss conclusions drawn from the market research}
Contractor Performance Post Award Peer Review Briefing Slides • {Verify whether the program meets, exceeds or does not meet established cost, schedule and performance criteria} • Cost/Price • {For cost type contract, if applicable} • {If overruns, list factors attributing to increase, include the aggregate percentage of change since contract award and explain difference} • {If savings achieved, describe savings and indicate percentage or amount} • {State whether or not contractor’s business systems comply with terms of contract (Cost Accounting Standards, if applicable)} • If not in compliance, explain • {For firm-fixed price type contracts} • {For increases in scope, include the aggregate percentage of change since contract award and explain difference}
Contractor Performance, continued Post Award Peer Review Briefing Slides • Schedule • {Address timeliness of performance} • Performance • {Include contractor’s current rating from Past Performance Information Retrieval System} • {Illustrate in-depth the record of contract performance: the number of observations made, the number, type and significance of defects, the nature of Government contract quality assurance actions, and decisions regarding the acceptability of the services and action to correct defects}{FAR 46.1; DFARS 246.1} • {Include CDRs/Letters of Concern/Show Cause, if applicable} • If applicable, explain official action to take remedy the problem • {Includeclaims/disputes, if applicable}
Maintaining Competition Post Award Peer Review Briefing Slides {Applies to Multiple Award IDIQs} • {Address whether the appropriate contract type was utilized} • {Identify total number of orders issued, their total dollar value, number of orders for which competition was obtained and dollar value of orders for which competition was obtained} • {Address whether effective cost and pricing methods are utilized to support negotiation and award of task orders} • {Address whether management and oversight mechanisms are in place}
Contractor’s Subcontract Management Plan Post Award Peer Review Briefing Slides {If applicable} • {Address contractor compliance with Electronic Subcontracting Reporting System reporting} • {Address contractor’s use, management and oversight of subcontractors} • {Address contractor compliance with subcontracting plan requirements (FAR 19.702} • {Address contractor adherence to the subcontracting plan to include requirements of FAR 19.704(a)(10)}
Staffing of Contract Management and Oversight Functions (1 of 6) Post Award Peer Review Briefing Slides • {Address whether there is an appropriate staffing of Government contract management and oversight functions (contracting personnel and CORs) and verify that the contractor fulfills the quality requirements} • {Indicate whether or not the COR monitors contractor performance IAW FAR Subpart 46.1 & the QASP to ensure contract compliance, to identify any nonconformances & to establish the significance of a nonconformance when considering the acceptability of services which do not meet contract requirements}
Staffing of Contract Management and Oversight Functions (2 of 6) Post Award Peer Review Briefing Slides • {Illustrate in-depth the record of contract performance: the number of observations made, the number and type of defects, the nature of Government contract quality assurance actions, and decisions regarding the acceptability of the Services and action to correct defects} • {Indicate whether or not the COR submitted monthly reports} • {Indicate whether or not the KO reviewed the COR official file and documented the file}
Staffing of Contract Management and Oversight Functions (3 of 6) Post Award Peer Review Briefing Slides • {Include contractor’s ratings for the surveillance period for the contract and, if the contract is IDIQ, for each task order}
Staffing of Contract Management and Oversight Functions (4 of 6) Post Award Peer Review Briefing Slides • {Address if Government Furnished Property (GFP) is being furnished} • {.Address if a determination/justification memorandum to provide Government Property to the contractor was prepared and include the basis for any decision to provide GFP as documented by the requiring activity. PGI 245.103-70 (1)} • {.Identify if the GFP attachments were used as required by DFARS 245.103-72}
Staffing of Contract Management and Oversight Functions (5 of 6) Post Award Peer Review Briefing Slides • {.Address if the contract contains the clauses required by FAR 45.107 and DFARS 245.107} • {.Address if the GFP has accountable property records (fiduciary) established in the appropriate Accountable Property System of Record (APSR) e.g., Global Combat Support System-Army (GCSS-A), or Defense Property Accountability System (DPAS)}
Staffing of Contract Management and Oversight Functions (6 of 6) Post Award Peer Review Briefing Slides • {.Indicate if the contract is or is not administered by an outside agency (DCMA, ONR, etc.). Identify if an Army organization is the administrator and if it is conducting an analysis (Property Management System Analysis (PMSA)) of the contractor’s property management policies, procedures, practices and systems} • {Indicate if the contract administration office is ensuring the contractor is posting Loss of Government Property and Disposition cases in the mandatory systems (DCMA eTools Loss of GP and Plant Clearance Automated Reutilization Screening System (PCARSS)}
Assessment of Excessive Pass-Through Charges Post Award Peer Review Briefing Slides {IAW FAR 15.408, if applicable} • {Indicate whether the Contracting Officer evaluated the contract to determine the extent of any pass-throughs by the contractor} • {Indicate whether the Contracting Officer evaluated the contract to determine if any excessive pass-through charges exists by the contractor} {FAR 52.215-22 and FAR 52.215-23) • If excessive pass-through charges exists, indicate whether the Government rejected the charges or recouped the amount in the form of a price reduction
De Facto Personal Services Contracts Post Award Peer Review Briefing Slides • {Indicate whether the Contracting Officer is administering the contract to assure compliance with DFARS 237.503 (i.e. remaining aware of the descriptive elements at FAR 37.104(d) to ensure that a non-personal services contract does not inadvertently become administered as a personal-services contract.)}
Contracts for Acquisition Functions Post Award Peer Review Briefing Slides • Inherently Governmental Functions {Only applies to contracts under which one contractor provides oversight for services performed by other contractors} • {Does the government periodically evaluate the extent of the agency’s reliance on the contractor to perform acquisition functions closely associated with inherently governmental functions as defined in section 2383(b)(3) of title 10, USC. Explain.} • Conflicts of Interest (Financial) {Only applies to contracts under which one contractor provides oversight for services performed by other contractors} • {Does the Government periodically evaluate the financial interest of any prime contractor performing inherently governmental functions in any contract or subcontract. Explain.}
Incentives (1 of 2) Post Award Peer Review Briefing Slides {Applies to contracts with award and/or incentive fee} • Incentive Fee {if multiple incentive type contract, address both objective incentives and subjective award fee criteria (see Award Fee slide)} • {Address whether objective criteria is utilized to measure contract performance (DFARS 216.401-71)} • {Address compliance with DFARS 216.405-1 and PGI 216.405-2)} • {Address whether incentive fees are paid in a manner consistent with DoD policy (DFARS 216.401-70)}
Incentives (2 of 2) Post Award Peer Review Briefing Slides • Award Fee Plan • {Address compliance with DFARS 216.401(e) and PGI 216.401(e); if not in compliance, explain} • {Address whether Award Fee pool is properly and timely managed (DFARS 216.405-2(1), AFARS 5116-4(S-92) and AFARS 5116-405-2(b)(2)(B); if not, explain} • {Address whether subjective award fee criteria is utilized to measure performance; if not, explain} • {Address whether Award Fee Determining Official is properly appointed (AFARS 5116.405-2(b)(2)(C); if not, explain} • {Address whether award fees are paid in a manner consistent with DoD policy (DFARS 216.401-70); if not, explain}
Lessons Learned Post Award Peer Review Briefing Slides • {Identify anything the acquisition team would do differently if the acquisition was re-competed}
Best Practices Post Award Peer Review Briefing Slides • {Add any unique practices, procedures, techniques or approaches observed by the Peer Review team}