Lesson 7: Post-Award

1. Lesson 7: Post-Award February 2017 Lesson 7: Post-Award

2. SBP’s Role in Post-Award What is the SBP’s role during the Post-Award Phase? Post-Award

3. SBPs Assist With… Contract Modifications and Task/Delivery Order Competitions (MAC IDIQs) Other Small Business Matters (e.g., Payments) Debriefings and Post-Award Orientations Monitoring Subcontracting Compliance Post-Award

4. Contracting Process for Acquisitions Deliverables Closeouts Payments Monitor Performance Award Evaluation Negotiation Acquisition Business Strategy Define Requirements (PWS, SOW, SOO) Market Research Initial Planning/Form the Team Post-Award Solicitation-Award Solicitation (RFQ, IFB, RFP) Pre-Solicitation Post-Award Pre-Solicitation Solicitation-Award 7-3

5. Contracting Process for Acquisitions Process Flow Pre-Solicitation Solicitation-Award Post -Award • Phase begins with a clearly defined acquisition strategy and acquisition plan • These may or may not be approved, but they guide the development of solicitations and source selection plans • Department of Defense (DoD) peer reviews occur prior to obtaining approval to issue a solicitation • Decision Point: Approval To Issue Solicitation • Policy requires prior written approvals of the acquisition strategy, acquisition plan, source selection plans, and DoD peer reviews, if any • Exchanges with Industry: Tightly controlled upon issuance of solicitation through award of contract(s) • Phase ends when a source selection decision is acted upon via award of the contract(s) • Phase begins with the valid acquisition need driving the initial planning and team formation • Phase ends with the acquisition strategy that is documented in an acquisition plan Underlined text denotes Lesson 7 topic areas • Phase begins after the competitively negotiated contract(s) is awarded • Phase ends when all contract performance is complete and contract(s) closeout actions are completed General Rule: The Contracting Process for Acquisitions diagram on the preceding slide is generalized for teaching purposes in the small business courses and not specific to governing policies and regulatory requirements for any specific type of acquisition (DoDI 5000.2 (ACATs); DoDI 5000.74 (Services) and others). SBPs must understand the type of acquisition applicable to any new or recurring requirements and follow those governing policies and regulations accordingly.

6. Terminal Learning Objective Advise the acquisition team regarding resolution of small business matters during the Post-Award Phase Post-Award

7. Enabling Learning Objectives • Describe preparations for a source selection debriefing (Post-award) • Describe preparations for a Post-Award orientation for the awardee • Draft an Agency response to an inquiry (acquisition concern) from the Headquarters Small Business Administration (SBA) Ombudsman • Describe how to monitor small business utilization and subcontracting performance • Analyze Contractor Performance Assessment Reporting System (CPARS) data entries for inclusion of small business elements Post-Award

8. SBP 201 Fundamentals Presentation: Post-Award Post-Award

9. Additional Q & A Post-Award

10. Why Debrief? (FAR 15.506) • Inform successful and unsuccessful offerors of the basis for the selection decision and contract award • Provide evaluation of the significant weaknesses or deficiencies in the offeror’s proposal • Helps offerors in pursuing future procurement opportunities Post-Award

11. Debriefing Guidance • Covered by: • FAR 15.506 • Source Selection Procedures Appendix A • Strictly follows: • Privacy Act • Security Requirements Post-Award

12. How To Conduct the Source Selection Debriefing • Requested by offeror within three days of award notifications • Performed within five days of request to the maximum extent practical • Chaired by Contracting Officer • Can be oral or written Post-Award

13. What the Debriefing Should Include • Offeror’s significant weaknesses or deficiencies • Price and technical rating of the successful offeror and the debriefed offeror • Offeror’s past performance information • Overall ranking of all offerors, if applicable • A summary of the rationale for award • Item to be delivered by the successful offeror, if applicable • Whether source selection procedures were followed Post-Award

14. What the Debriefing Can’t Include The debriefing cannot include: • Point-by-point comparisons of proposals • Trade secrets • Privileged or confidential information • The names of individuals providing reference information about an offeror's past performance Post-Award

15. Debriefing Outline • Introduction • Purpose • Ground Rules and Agenda • Source Selection Process • Evaluation Factors and Subfactors • Evaluation Results for the Offeror’s Proposal • Rationale for Award Decision • Responses to Relevant Questions Post-Award

16. SBP’s Role in Debriefings As an SBP, you might be called upon: • To assist with preparing a Source Selection Debriefing to offerors who want information on how the final decision was made • To participate as an advisor to answer any questions on small business elements of the acquisition Post-Award

17. Purpose of Post-Award Orientation Aids both Government and contractor personnel to: • Achieve a clear and mutual understanding of all contract requirements • Identify and resolve potential problems (FAR 42.5) Post-Award

18. Preparing for a Post-Award Conference Contracting Officer’s Responsibilities: • Establish time and place • Prepare the agenda • Notify: • Appropriate Government representatives • Contractor • Designate or act as chairperson • Conduct a preliminary meeting • Prepare a summary report Post-Award

19. Small Business Winning Offeror If the winning offeror is a small business, what should be discussed in the Post-Award orientation? Post-Award

20. Small Business Winning Offeror • Performance requirements, including small business participation requirements • Performance evaluation • Payment and financing • Points of contact with the Government • Transition plan • Limitations on subcontracting • Process for contract modifications or ordering • Recertification requirement (FAR 52.219-28) • Complex, challenging, or potentially confusing aspects Post-Award

21. Other-Than-Small Winning Offeror If the winning offeror is other-than-small, what would be the small business elements of the Post-Award orientation? Post-Award

22. Other-than-Small Business Winning Offeror • Competition and ordering procedures, if IDIQ arrangement • Subcontracting plan requirements and reporting in eSRS • Binding small business participation requirements and reporting • Payments to small business subcontractors • Notification of changes to subcontractors • Consequences for noncompliance • Sources for small business assistance Post-Award

23. SBA Office of the National Ombudsman • Helps small businesses with excessive or unfair Federal regulatory enforcement actions • Acts as impartial liaison • Coordinates with the appropriate Federal agencies Post-Award

24. Registering a Comment or Complaint E-mail Internet FAX Regular Mail Regional Regulatory Fairness Hearing Post-Award

25. The SBA Ombudsman Process SBA reviews the comment or concern to identify relevant agencies SBA contacts the appropriate agency for fairness review Comment or concern is received ?! ?! Post-Award

26. Agency Response Process • Inquiry received from Agency OSBP – might flow down to Component OSBP • Activity-level OSBP might be asked to fact-find and collaborate with local acquisition personnel to get the Government’s position on the asserted contractor’s position, and to draft the Agency response • Your draft recommended response must be a coordinated position because it represents the Agency Post-Award

27. Responding to a HQ SBA Ombudsman’s Inquiry • Purpose: • SBPs have an active role in the processes to draft an Agency response to ongoing concerns raised by small business contractors through the Headquarters SBA Office of the National Ombudsman Post-Award

28. Responding to a HQ SBA Ombudsman’s Inquiry (cont’d.) SBPs conduct fact-finding, and collaborate and draft a recommended Agency response to a Headquarters SBA Ombudsman’s Inquiry Post-Award

29. Activity 7.1 Instructions • Each team will be assigned one Ombudsman’s Inquiry • Each team will review the inquiry and identify resources for a response • Each team will develop a recommended Agency response Post-Award

30. Activity 7.1 Rubric Learning Objective: Draft a recommended response to a Headquarters SBA Ombudsman’s Inquiry (acquisition issue). Directions: As you complete this activity, rate yourself on how effectively you demonstrated the desired behaviors. Add comments to clarify your self-assessment, especially in areas in which you feel you need further development. You can refer to these notes as you complete your Action Plan at the end of the lesson to help you identify the things you might do differently. Include additional comments regarding your performance in the Notes area below: • Identifies responsible Agency/activity to contact for response • Develops accurate Government position/recommended Agency response to asserted small business contractor’s position • Recommended response addresses each concern/issue and represents DoD-Government position/actions to date on acquisition-specific matter Acquisition Strategies

31. Activity 7.1 Key Points • Response to the Headquarters SBA Ombudsman must accurately reflect DoD’s position on the matter • Address each of the contractor’s concerns Post-Award

32. Monitoring Small Business Subcontracting Performance Ensure that the contractor is complying with: • Reporting in eSRS on Small Business Subcontracting Plan achievements • Contractually binding small business participation requirements Post-Award

33. SBP’s Role in Monitoring Subcontracting Compliance Post-Award The SBP supports the ACO in evaluating a contractor's performance and compliance with its subcontracting plan (DFARS 219.706(a)(ii)) Post-Award

34. Subcontract Management: Who’s Involved? Commercial Market Representative (CMR) Evaluates compliance with Small Business Subcontracting Plans Procuring Contracting Officer (PCO) Responsible for procurement of the contract and contract administration Delegate Administrative Contracting Office (ACO) Performs periodic surveillance reviews on compliance with subcontracting programs. DCMA Post-Award

35. What Does DCMA Do? DCMA Video Post-Award

36. Reviewing Small Business Performance What do you look for when reviewing: • A contractor’s Small Business Subcontracting Plan performance? Post-Award

37. Reviewing Small Business Performance – Subcontracting Plan What to look for : • Goals achievement • Demonstrated Good faith effort • Accurate and timely eSRS reporting Post-Award

38. Reviewing Small Business Performance What do you look for when reviewing: • Performance on binding small business participation requirements? Post-Award

39. Reviewing Small Business Performance – Small Business Participation Requirements What to look for : • Use of proposed SBs • Meeting or exceeding MQR(s) • Rationale why not • Meeting other requirements • Rationale why not • Timely and accurate progress reporting • Corrective action plan • If deficiencies Post-Award

40. Contractor Performance Assessment Reporting System (CPARS) Overview Web-enabled contractor performance data: • Support best-value source selection decisions • Provide up-to-date documentation of a contractor’s ability to meet contract requirements • Motivate improved performance • Facilitate Government-contractor communications Post-Award

41. CPARS Small Business Entry What information would you expect to find in a CPARS small business entry? Assisting Small Business

42. Documenting Small Business Utilization • Is the concern in compliance with the Small Business Subcontracting Plan or “other” small business participation requirements? • Were small businesses given meaningful work directly related to the project? • Were ISRs or SSRs accurate and timely? Post-Award

43. CPARS Small Business Utilization Tab Should be “Yes” Yes, No, or N/A Yes, No, or N/A Contract Complete, N/A, or Bi-Annual date (Provided by the eSRS) Post-Award

44. CPARS Small Business Ratings Tab Standard CPARS rating Supporting Narrative Post-Award

45. CPARS Rating Standards Post-Award

46. Sample Small Business Narrative • Quantifiable Accomplishments • Comparison to Small Business Subcontracting Plan Goals • Type of Work Performed by Small Business • Timely eSRS Reporting Utilization of Small Business - Rating: Exceptional The contractor exceeded the 26% small business goal by 3 percentage points and also exceeded all of the socioeconomic category’s subcontracting goals. The contractor awarded a subcontract to a small business for mission-critical information technology for this program. The contractor conducted four outreach events that led directly to award of subcontracts to HUBZone and Service-disabled Veteran-owned Small Businesses. The contractor exceeded the contract’s small business participation requirements—which required the small business to be used for 25% of the research and development portion of the contract—by awarding 47% of this requirement to small businesses. The contractor submitted all required eSRS reports on time. Post-Award

47. Analyzing a CPARS Entry • Was the contractor in compliance with the small business subcontracting requirements of the contract (subcontracting plans and binding small business participation requirements)? • Does the narrative provide adequate supporting information? • Does the CPARS Small Business Utilization rating appear justified? • Was any information missing? Post-Award

48. Analyze a CPARS Entry SBPs might be called upon to provide advice and counsel on small business matters related to CPARS rating inputs, or they might be called upon when performance issues arise that could adversely affect CPARS ratings for small businesses Post-Award

49. Activity 7.2 Instructions • Teams will be provided with a CPARS entry to analyze • Teams will review the CPARS entry content and report on team findings • Each team will present its findings Post-Award

50. Activity 7.2 Rubric Learning Objective: Analyze CPARS entries for inclusion of small business elements. Directions: As you complete this activity, rate yourself on how effectively you demonstrated the desired behaviors. Add comments to clarify your self-assessment, especially in areas in which you feel you need further development. You can refer to these notes as you complete your Action Plan at the end of the lesson to help you identify the things you might do differently. Include additional comments regarding your performance in the Notes area below: • Demonstrates knowledge of CPARS small business elements • Applies knowledge of small business evaluation ratings to review CPARS entries • Communicates results clearly and concisely Acquisition Strategies