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PROCUREMENT SUPPORT. Ready. Resourceful. Responsive!. 400.1 INTRODUCTION (CONTRACTING CLASSES). 400.1 INTRODUCTION (CONTRACTING CLASSES) CON 237 – Simplified Acquisitions CON 100 – Shaping Smart Business Arrangements CON 110 – Mission Support Planning
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PROCUREMENT SUPPORT Ready. Resourceful. Responsive!
400.1 INTRODUCTION (CONTRACTING CLASSES) • CON 237 – Simplified Acquisitions • CON 100 – Shaping Smart Business Arrangements • CON 110 – Mission Support Planning • CON 111 – Mission Planning Execution • CON 112 – Mission Performance Assessment • CON 120 – Contracting for Mission Support
400.2 KNOWLEDGE OF THE PROCUREMENT REGULATIONS AND PROCEDURES
FAR - Define and State its Purpose • Sets forth basic policies and general information about the Federal Acquisition Regulations System such as: • Purpose, authority, applicability, issuance, arrangement, numbering, dissemination, implementation, supplementation, maintenance administration, and deviation
DFAR – (Define and State its Purpose) (Cont’d) • Applies to purchases and contracts by DoD contracting activities • DFAR Procedures, Guidance, and Information (PGI) • Provides Change Notices to the DFAR
DFAR – (Define and State its Purpose) (Cont’d) • Applies to purchases and contracts by DoD contracting activities • DFAR Procedures, Guidance, and Information (PGI) • Provides Change Notices to the DFAR
Navy and Marine Corps Acquisition Regulation Supplement (NMCARS) (Define and State its Purpose (Cont’d)) • Implements and supplements the Defense Acquisition Regulation Supplement • Contains mandatory policies and procedures
Navy Marine Corps Acquisition Guide (NMCAG)(Define and State its Purpose) (Cont’d) • Addresses administrative matters such as: • Procedures for processing documents for higher level approval • Internal reporting requirements • Discretionary practices
400.3 KNOWLEDGE OF BUSINESS ROLES AND RESPONSIBILITES OF THE CONTRACTING TEAM
400.3 What is the role of the FISC Regional Contracts Department? • Provide a wide range of acquisition related supplies and services • Business advice • Strategic solutions • Contract administration • Market analysis • Acquisition training • Procurement guidance and assistance • Procurement oversight
What is the Role of a Contracting Officer? • Has authority to enter into, administer, or terminate contracts and make related determinations and findings. Contracting Officers may bind the Government ONLY to the extent of the authority delegated to them. • No contract shall be entered into unless the Contracting officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met.
What is the Role of the Customer? Entity that receives or consumes products (goods or services) and has the ability to choose between different products and suppliers.
What is the Role of the Contractor? Independent entity that agrees to furnish certain number of quantity of goods, material, equipment, personnel, and/or services that meet or exceed stated requirements or specifications, at a mutually agreed upon price and within a specified timeframe.
What is the Role of a Contracting Officer Representative (COR)? An individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions.
What is the Role of the Project Manager? An official responsible for planning and controlling assigned projects.
What is your Role while Assisting the Contracting Officer or Contract Specialist? Provide logistics, business, and support services to the operational and support units of the fleet, shore, depot, shipyard, refit facility, and industrial commands of the Navy, Coast Guard, Military Sealift Command, and other Joint and Allied Forces.
400.4 Knowledge of the Standards of Conduct as a Contracting Professional
400.4.1 General Rule in Relationship to Transactions to the Expenditure of Public Funds • Government business shall be conducted in a manner above reproach and, except as authorized by statute or regulation, with complete impartiality and with preferential treatment for none. • Transactions relating to the expenditure of public funds require the highest degree of public trust and an impeccable standard of conduct. • Strictly avoid any conflict of interest or even the appearance of a conflict of interest in Government-contractor relationships.
400.4.2 Who are the Special Agents of the U.S. Government who Possess Authority to Obligate Government Funds? CONTRACTING OFFICER
400.4.3 & 4 When Does an Unauthorized Commitment Occur? Violation/Non-Violation? • An unauthorized commitment occurs when he/she has entered into an agreement on behalf of the Government but had no authority to make the agreement. • The agreement is notbinding solely because of the lack of authority. • (Violation- Can lead to disciplinary action).
400.4.5 Can Government Employees Solicit or Accept Gifts and Favors? • As a general rule, no Government employee may solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan, or anything of monetary value from anyone. • Refer to FAR 3.101-2 for further guidance.
400.4.6 Policy Against Splitting/Breaking Down Contract Requirements Do not break down requirements aggregating more than the simplified acquisition threshold into several purchases.
400.5.1 Define and Explain the Following Terms • AVAILABILITY OF FUNDING • Pursuant to the Anti-Deficiency Act, 31 U.S.C. 1341, the Contracting Officer cannot award a contract unless adequate funds are available (FAR 32.7 – Contract Funding).
CONTRACT • Mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. • All types of commitments that obligate the Government to an expenditure of appropriated funds. • Purchase orders, under which the contract becomes effective by written acceptance or performance.
COMMERCIAL ITEMS • Title VIII of the Federal Acquisition Streamlining Act of 1994 (Public Law 103-355) established a preference for the Federal Government to acquire commercial products and to use acquisition policies that closely resemble those used in the commercial marketplace. • FAR Part 12 – Acquisition of Commercial Items prescribes policies and procedures unique to the acquisition of commercial items (See FAR 2.1 – for the definition of “Commercial Item”).
COMPETITION • The Competition in Contracting Act (CICA) requires Contracting Officers to promote and provide for full and open competition in awarding government contracts. • See FAR Part 6 “Competition Requirements” for details, required procedures and exceptions that may apply to requirements.
400.5.2 Define and Explain the Following Term • INDEPENDENT GOVERNMENT COST ESTIMATE (IGCE) • Establishment of estimate resides with the technical experts. • Estimates are based on sound business practices. • Estimates shall be included with each requirement. • Includes a complete break out of each element consisting of labor and material costs. • Never be prepared by contacting a vendor or using their price quote. Never be prepared by contacting a vendor or using their price quote. • Government cost estimates must be treated as FOR OFFICIAL USE ONLY. Such estimates will not be revealed to the public under any circumstances.
Micro-Purchase Threshold” means $3,000, except: • For acquisitions of construction subject to the Davis-Bacon Act, $2,000. • For acquisitions of services subject to the Service Contract Act, $2,500.
400.5.3 Define and Explain the Following Terms • Purchase Order • An offer by the Government to buy supplies or services, construction, and research and development using simplified acquisition procedures. • Simplified Acquisition Procedures • The methods prescribed in FAR Part 13 for making purchases of supplies or services. • Simplified Acquisition Threshold • Means $100,000; however, there are exceptions.
Contract Closeout Market Research End of Contract Determination of Need Deliver Products or Services Spec. Drafting Inspection/Acceptance/ Invoicing Funding (Identify) CPARS CONTRACTOR PERFORMANCE Acquisition Strategy Monitor Performance ACQUISITION PLANNING Begin Production (Supplies/Material) Evaluation Criteria Begin Start-up Period (Services) SOLICITATION/ EVALUATION/ AWARD Debrief SSP CONTRACT AWARD Extent of Comp Final Proposal Revisions (FPR) Conduct Discussions Prepare RCP Price/Cost Evaluation Technical Evaluation Synopsis RFP Issued PROCESS FLOWCHARTS PROCUREMENT CYCLE
400.6.1 Requirements Decision Matrix • SAP Requirement Under $100K Supply consists of: • Service/Supply • Competitive • Sole Source • SAP Checklist
REQUIREMENTS DECISION MATRIX A SAP REQUIREMENT UNDER 100K B LARGE CONTRACT OVER 100K SUPPLY SERVICE SUPPLY SERVICE COMPETITIVE COMPETITIVE COMPETITIVE COMPETITIVE SOLE SOURCE SOLE SOURCE SOLE SOURCE SOLE SOURCE Refer to the SAP Checklist and submit required supporting documents Refer to the Large Checklist and submit required supporting documents
400.6.2 Requirements Package Checklist • The Contract Requirements Package Checklist identifies items, which are mandatory and must be included in your procurement package when it arrives at the FISC Contracting Office. Checklist consists of: • General Requirements – Supplies and Services: (Mandatory Items). • Circumstances that may require additional information on each individual requirement. • Additional information for repair service requirement only.
400.6.3 & 4 Cycle Times The NAVSUP goal is to process routine purchase requests within the specified cycle times indicated below: • Requirements < $25K 20 Days • Requirements $25K to $100K 30 Days
400.7.1 – Four Methods to Describe Customer Requirements • Purchase Description • Most common and preferred method of describing simplified acquisition requirements. • Military/Federal Specifications (MILSPECS) • Identify requirements in terms that are commercially available versus using MILSPECS. • Brand name or equal descriptions • Least preferred and minimum acceptable competitive purchase description of a requirement. • Items Peculiar to One Manufacturer • Agency requirements shall not be written so as to require a particular brand-name.
400.7.2 Plan for Contacting Customers to Obtain Information on Requirement • Step 1. Buyer notifies customer and requests additional information that is needed. • Step 2. Two (2) working days later if the information is still not received, the buyer again requests the information that is needed from the customer. • Step 3. Two (2) working days after the Step Two follow-up. If the Customer still has not provided required information, cancel the requisition and send all documentation back to customer.
400.7.3 Adequate Purchase Description • Adequate purchase descriptions should include a detailed performance-based statement of work detailing: • Description of the work to be done. • Where and when it is to be done. • What end result is expected.
400.7.4 Only Time MILSPECS Should be Used • It is now standard Government practice to use commercial standards as a basis of specification. • MILSPECS should be used ONLY when commercial specifications are not sufficient to insure adequate quality or safety standard.
400.7.5 Brand Name or Equal Description • Least preferred and minimum acceptable competitive purchase description of a requirement. • Used to provide the characteristics and the level of quality that will satisfy the Government’s minimum need. • Include a complete common generic description and references of all known brand name items. • Salient physical, functional, or other characteristics MUST be clearly identified in the solicitation.
207.7.6 Items Peculiar to One Manufacturer • Agency requirements shall NOT be written so as to require a particular brand-name, product, or a feature of a product, peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company unless – • The particular brand name, product or feature is essential to the Government’s requirements. • Market research indicates other companies’ similar products or products lacking the particular feature, do NOT meet, or cannot be modified to meet, the agency’s needs. • The authority to contract without providing for full and open competition must be supported by the required justifications and approvals for a sole source.
400.8.1 Six Purchase Request Forms from External Customers and Most Commonly Used Forms • Request for Contractual Procurement (NAVCOMPT Form 2276) (RCP). • Order for Work and Services/Direct Citation (NAVCOMPT Form 2276). • DOD Single Line Item Requisition System Document (DD Form 1348). • For afloat units, Non-NSN Requisition (NAVSUP Form 1250-2). • DD Form 1149, Requisition and Invoice/Shipping Document. • Military interdepartmental Purchase Requests (MIPR) (DD Form 448). • Two most common forms – (NAVCOMPT Form 2276)(DD-1149).
400.8.2 Method an Internal Customer Creates a Purchase Request (PR) • Creates a purchase requisition in Navy ERP using transaction ME51N. The PR creator creates a ZSPS PR for the supply or service required to be procured. Once the SAP PR is approved by comptroller, this triggers the interface to SPS. • Necessary attachments/supporting documents/justifications MUST be entered into the ERP Data Management System (DMS).
400.8.3 Mandatory Fields on a NAVCOMP Form 2276 Review Pages 22 and 23 of the COMFISC SAP-Large Customer Guide for complete list of mandatory fields.
400.8.4 Mandatory Fields on a DD Form 1149 Review Pages 22 and 23 of the COMFISC SAP - Large Customer Guide for complete list of mandatory fields.