CORB 2017
What are some factors to consider when establishing contract delivery or performance schedules?
ANSWER: Authority: FAR 11.402(a) / AFFARS 5311.401 Urgency of need; Industry practices; Market conditions; Transportation time; Production time; Capabilities of small business concerns; Administrative time for obtaining and evaluating offers and for awarding contracts; Time for contractors to comply with any conditions precedent to contract performance; Time for the Government to perform its obligations under the contract. AFFARS says the PCO should consider incremental delivery of capabilities to the warfighter, especially when schedules are more than 18 months
What is the Competition Advocates Authority?
Competition advocate's duty is to provide competition in acquisition programs IAW 6.502. The FAR states that the agency and procuring activity competition advocates are responsible for promoting the acquisition of commercial items, promoting full and open competition, challenging requirements that are not stated in terms of functions to be performed, performance required, or essential physical characteristics, and challenging barriers to the acquisition of commercial items and full and open competition such as unnecessarily restrictive statements of work, unnecessary detailed specifications and unnecessary burdensome contract clauses.
What types of contract financing are used when buying a commercial item?
Customary market practice for some commercial items may include buyer contract financing. The contracting officer may offer Government financing in accordance with the policies and procedures in Part 32. 32.200 -- Scope of Subpart. This subpart provides policies and procedures for commercial financing arrangements under commercial purchases pursuant to Part 12. 32.201 -- Statutory Authority. 10 U.S.C. 2307(f) and 41 U.S.C. 255(f) provide that payment for commercial items may be made under such terms and conditions as the head of the agency determines are appropriate or customary in the commercial marketplace and are in the best interest of the United States. 32.202-1 -- Policy. (a) Use of financing in contracts. It is the responsibility of the contractor to provide all resources needed for performance of the contract. Thus, for purchases of commercial items, financing of the contract is normally the contractor's responsibility. However, in some markets the provision of financing by the buyer is a commercial practice. In these circumstances, the contracting officer may include appropriate financing terms in contracts for commercial purchases when doing so will be in the best interest of the Government. (b) Authorization. Commercial interim payments and commercial advance payments may be made under the following circumstances -- (1) The contract item financed is a commercial supply or service; (2) The contract price exceeds the simplified acquisition threshold; (3) The contracting officer determines that it is appropriate or customary in the commercial marketplace to make financing payments for the item; (4) Authorizing this form of contract financing is in the best interest of the Government (see paragraph (e) of this subsection); (5) Adequate security is obtained (see 32.202-4); (6) Prior to any performance of work under the contract, the aggregate of commercial advance payments shall not exceed 15 percent of the contract price; (7) The contract is awarded on the basis of competitive procedures or, if only one offer is solicited, adequate consideration is obtained (based on the time value of the additional financing to be provided) if the financing is expected to be substantially more advantageous to the offeror than the offerors normal method of customer financing; and (8) The contracting officer obtains concurrence from the payment office concerning liquidation provisions when required by 32.206(e). (c) Difference from non-commercial financing. Government financing of commercial purchases under this subpart is expected to be different from that used for non-commercial purchases under Subpart 32.1 and its related subparts. While the contracting officer may adapt techniques and procedures from the non-commercial subparts for use in implementing commercial contract financing arrangements, the contracting officer must have a full understanding of effects of the differing contract environments and of what is needed to protect the interests of the Government in commercial contract financing. (d) Unusual contract financing. Any contract financing arrangement not in accord with the requirements of agency regulations or this part is unusual contract financing and requires advance approval in accordance with agency procedures. If not otherwise specified, such unusual contract financing shall be approved by the head of the contracting activity. (e) Best interest of the Government. The statutes cited in 32.201 do not allow contract financing by the Government unless it is in the best interest of the United States. Agencies may establish standards to determine whether contract financing is in the best interest of the Government. These standards may be for certain types of procurements, certain types of items, or certain dollar levels of procurements.
You are the Contracting Officer on a large aircraft program. The engine is provided to the Prime Contractor as GFE and is purchased via a separate contract as a commercial item; engine spare parts (replenishment spares) are also purchased as commercial items as they also meet the FAR definition of commerciality. This morning you receive a call from the OSI informing you of an investigation they are conducting regarding inconsistencies in billing for engine spare parts between your contract and another commercial contract. The OSI tells you that the Government's contract prices are 5% higher than the "other" commercial customer they are using as a comparison. Do you have a problem? What should you do?
ANSWER: Authority: FAR 12.209 Not necessarily. You should ask the OSI what the terms and conditions are of the other commercial contract that they are using as a baseline to compare the Government's contract against. Are ALL the Ts and Cs the same? Is the period of performance for both contracts the same? Are the deliverables the same? Does one contract contain labor and the other stipulate it is strictly for parts only? Were there any extended warranty provisions included in one contract but not the other? Are these exactly the same configuration of parts and how many did each customer contract for? Without knowing the exact Ts and Cs of both contracts a valid comparison may not be made. There are limits on Government contracting (usually 5 year POPs) that are not present in the commercial sector; if the commercial customer had agreed to a longer POP, they may have realized an overall lower price. The Government may have organic repair - including supply chain management - that may not be available to the commercial customers (and might be included as part of their overall price) which may lower the Government's contract price (or vice versa). Due to unique flight parameters/aircraft missions the Government may have elected not to participate in an extended warranty program which may also drive a price deferential between the Government and the commercial sector. There may be numerous other commercial "updates/changes", etc. that could have been included or excluded from the contracts which drove the price deferential. Configuration or numeric/quantity differences could also affect the overall contract values. If you are able to obtain the relevant facts from the other contract you might be able to perform an analysis. However, as the engine was purchased as a commercial item it is likely that extensive market research was conducted to determine the reasonableness of the price the Government paid based upon its requirements. You should also have the OSI explain "billing inconsistencies"; as your contract is FFP the contractor is unable to bill for any amount in excess of that previously negotiated. You may not have negotiated the best deal but the contractor should not be able to bill in excess of those amounts negotiated.
Describe how the synopsis process can be streamlined when acquiring commercial items?
ANSWER: Authority: FAR 12.603 The synopsis required by FAR 5.203 and the issuance of the solicitation can be combined into a single document. Therefore, it is not necessary to publicize a separate synopsis 15 days before the issuance of the solicitation.
What are the exceptions to synopsizing?
FAR 5.202 Compromise to national security Unusual and compelling urgency International agreement Authorized by statute to be made through another Government agency Utility services (as usually only 1 provider) Indefinite Delivery type (FAR 16.5) Small Business Innovation Development Unsolicited research proposal for unique/innovative concept Perishable subsistence/supplies Industrial mobilization Under existing contract that was previously synopsized in sufficient detail By different agency and will be purchased outside US (not if NAFTA) Under Simplified Acquisition Threshold and through GPE (FedBizOpps) and allows electronic response Expert services to support the Government in litigation or dispute
Company A agrees to provide systems engineering and technical direction for the Navy on the powerplant for a group of submarines (i.e., turbines, drive shafts, propellers, etc.).
Company A should not be allowed to supply any powerplant components. Company A can, however, supply components of the submarine unrelated to the powerplant (e.g., fire control, navigation, etc.). In this example, the system is the powerplant, not the submarine, and the ban on supplying components is limited to those for the system only. (FAR 9.508)
Due to Hurricane Mateo, WPAFB has suffered damage to its network servers that are COTS products. In order to reestablish base communications, new equipment must be purchased immediately. Are there any exceptions to full and open competition that can be utilized to expedite this acquisition?
FAR 6.302 Unusual and Compelling Urgency (-2) Industrial Mobilization; Engineering, Developmental, or Research Capability (-3) (Depends) Authorized by Statute (-5) (e.g. 8(a) Set-aside)
If you are awarding an option over the 1279 limit what do you have to do?
Notify congress 3 days before the award. ($6.5M)
ou are awarding an eight year $382M task order, with yearly options, under an existing IDIQ with a ceiling of $20.9B. Your buyer prepares a 1279 report, since the first exercised option period exceeds the DoD threshold of $7M. What would you tell your buyer when he/she brings the 1279 for your review?
Only report the initial IDIQ. Orders/ modifications are not reported unless exceeding the estimated value
You have just awarded 3 contract actions. You remember something in FAR Part 5 about synopsizing contract awards. The first action was a Small Business Innovation Research contract for $99,978. The second action was a $3M new delivery order under an existing IDIQ contract and the third action was a purchase order for $12,995. As a PCO, would you synopsize these contract actions?
SBIRs, delivery orders under existing IDIQ contracts and actions under the simplified acquisition threshold ($150K) do not require an award synopsis. However the dollar threshold is not a prohibition against publicizing an award of a smaller amount when publicizing would be advantageous to industry or to the Government.
What is the PCO trying to neutralize/avoid/mitigate when resolving OCI issues?
Unequal Access. (Contractor has access to Government Estimate) Biased Ground Rules or Unfair Competitive Advantage. (Contractor writes SOW and/or specs) Impaired Objectivity. (Contractor evaluates itself or partners in source selection or similar circumstance)
What is/are the necessary components/content of a J&A?
(1) Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition." (2) Nature and/or description of the action being approved. (3) A description of the supplies or services required to meet the agency's needs (including the estimated value). (4) An identification of the statutory authority permitting other than full and open competition. (5) A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. (6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies. (7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. (8) A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted. (9) Any other facts supporting the use of other than full and open competition, such as: (i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available. (ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. (iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government. (10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. (11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. (12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief.
What must be quantified when citing Only One Responsible Source in the case of a follow-on contract for the continued development of production of a major system?
(1) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or (2) Unacceptable delays in fulfilling the agency's requirements. (See 10 U.S.C. 2304(d)(1)(B) or 41 U.S.C. 253 (d)(1)(B).)
What are some of the important elements of an OCI mitigation plan?
1. Non-disclosure agreements (NDAs) 2. Controlled access to sensitive information 3. Establish an employee OCI awareness/compliance training program 4. Physical separation of contract employees from sensitive data 5. Organization separation 6. Management separation 7. Limitation on personnel transfers
7 Circumstances Permitting Other than Full and Open Competition
1. Only One Responsible Source 2. Unusual and Compelling Urgency 3. Industrial Mobilization 4. International Agreement (IACR-International Agreement on Competitive Restrictions) 5. Authorized or Required by Statute 6. National Security 7. Public Interest
What is the Competition in Contracting Act? What is the objective of CICA? What are the exceptions to CICA?
A 1984 Act that enhances competition, granted statutory authorization for the Government Accountability Office's protest function, created protest jurisdiction for federal information processing resources procurement at the GSA BCA, and revised protest procedures. It introduced the phrase Full and Open Competition. It established a requirement to execute a justification - and obtain approval of it - for any procurement in which full and open competition would not be obtained. IAW FAR 6.101(a), the contracting officer shall promote and provide for full and open competition in soliciting offers and awarding Government contracts. Full and Open competition means when requirements are not unduly restrictive, the agency notify the public about its acquisition so that prospective offers can decide whether or not to submit a bid/proposal, and treats all offerors fair and impartially. There are 7 exceptions to CICA listed in FAR 6.302: Only one responsible source, Unusual/compelling, National Security, Public Interest, International Agreement, Authorized or required statue, and Industrial Mobilization.
What is an Individual Justification and Approval?
A J&A that applies to an individual contract. A J&A for a contract made on an individual basis supports the instant contract award and all in-scope contract actions taken pursuant to that contract as described in the approved J&A.
Describe some of the exceptions to the requirement to synopsize a proposed action?
A PCO does not need to synopsize the contract action if any of the following apply, and the head of the agency determines in writing (after consult with Administration of Federal Procurement Policy and Administrator of the Small Business Administration): The synopsis would give away classified information if the requirement were published (but you can't use this as an excuse....if you could word it differently so that it could be published you must.) The synopsis is a contract action with a J&A for unusual and compelling urgency, and the gov't would be seriously injured if complies with time period It's an international agreement or treaty or payment from foreign government, and it requires the acquisition come from specified sources Required or authorized specifically by statute to a particular source Utility services and only one source available An order under IDIQ contract It's from Small Business Innovative Development SBIR It's from unsolicited research proposal that is unique and innovative concept and publication would disclose originality Perishable subsistence supplies and advance notice not reasonable National emergency or International treaty and brand name commercial items for authorized resale Proposed contract action is made under terms of synopsized contract that had enough detail to "count" Performed outside the U.S. Below the SAT ($100K), permits the public to respond electronically Expert to support the government in litigation or dispute AFFARS says that PCO submits requirests through SCO/SCCO to SAF/SB and identify alternatives for including small business. AFMCFARS says that also need to notify HQ AFMC/PKP
Your Program Manager receives an Unsolicited Proposal for a new defensive avionics system. The program team evaluates the proposal and finds it has some merits. However, you recommend the program manager reject the proposal. What are some of the reasons you could have for making that recommendation?
A favorable comprehensive evaluation of an unsolicited proposal does not, in itself, justify awarding a contract without providing for full and open competition. The agency point of contact shall return an unsolicited proposal to the offeror, citing reasons, when it's substance-
What is the purpose of a Certificate of Competency (COC)? Describe some examples of when a contracting officer might refer a small business for a possible COC?
ANSWER: Authority: FAR 19.601 1. A COC is the certificate issued by the SBA stating that the holder is responsible (with respect to all elements of responsibility) for the purpose of receiving and performing a specific Government contract. 2. The COC program empowers the SBA to certify to Government contracting officers as to all elements of responsibility of any SB concern to receive and perform a specific Government contract. The COC program does not extend to questions concerning regulatory requirements imposed and enforced by other Federal agencies. 3. A contracting officer shall, upon determining an apparent successful SB offeror to be nonresponsible, refer that SB to the SBA for a possible COC, even if the next acceptable offer is also from an SB. 4. When a solicitation requires an SB to adhere to the limitations on subcontracting, a contracting officer's finding that an SB cannot comply with the limitation shall be treated as an element of responsibility and shall be subject to the COC process. When a solicitation requires an SB to adhere to the definition of a nonmanufacturer, a contracting officer's determination that the SB does not comply shall be processed in accordance with subpart 19.3.
You are the Contracting Officer for a $5,000,000 acquisition for which the contractor has taken the position that the product is commercial. You must now determine if you agree with this position. What documentation would you need to complete for you contract file and what steps would you take determining if you agree with the contractor's position of commerciality?
ANSWER: Authority: FAR 2.101(b) / AFMCFARS 5312.201-90 First, as PCO, you will review the definition of a "commercial item" in FAR 2.101(b) to make sure you fully understand what is required for an item to be determined commercial. AFMCFARS says the PCO shall fully and adequately document, in writing, the market research and rationale supporting the conclusion that the commercial item definition has been satisified for all acquisitions using FAR Part 12 that exceed $1M (OSD DPAP Memo, Commercial Item Determinations, dtd 2 Mar 07). The Commercial Item Determination (CID) may be written as a memorandum, and shall address the minimum components listed below. (i) Description of supplies or services; (ii) Basis on which the supplies or services meet the definition of a commercial item; (iii) Basis on which the commercial item satisfies the government's requirements; (iv) Contracting officer signature and date.
Your program has identified a requirement for improved cockpit radios for your transport aircraft. The Program Manager conducted market research and has concluded that there is a commercial radio on the market that, with minor modification, would meet the minimum requirements. However there are sufficient funds available for the development of an entirely new cockpit radio to the exact military specifications. How would you advise the PM to proceed? Does the commercial radio meet the FAR definition of a commercial item? If so, does the PM have the option of developing a new military item?
According to FAR 2.101 Definitions, an item that otherwise meets the definition for a commercial or non-developmental item "but for modifications of a type customarily available in the commercial marketplace or minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements" is a commercial item. As a Contracting Officer, you should advise the PM that you must purchase the commercial item under the circumstances. According to FAR 12.101(b), Agencies shall acquire commercial items or non-developmental items when they are available to meet the needs of the agency.
Do we ever obtain C/P data when acquiring a commercial item?
Any acquisition of an item that the contracting officer determines meets the commercial item definition in 2.101, or any modification, as defined in paragraph (3)(i) of that definition, that does not change the item from a commercial item to a noncommercial item, is exempt from the requirement for cost or pricing data. If the contracting officer determines that an item claimed to be commercial is, in fact, not commercial and that no other exception or waiver applies, (e.g., the acquisition is not based on adequate price competition; the acquisition is not based on prices set by law or regulation; and the acquisition exceeds the threshold for the submission of certified cost or pricing data at 15.403-4(a)(1)) the contracting officer shall require submission of certified cost or pricing data. (ii) In accordance with section 868 of Pub. L. 110-417: (A) When purchasing services that are not offered and sold competitively in substantial quantities in the commercial marketplace, but are of a type offered and sold competitively in substantial quantities in the commercial marketplace, they may be considered commercial items (thus meeting the purpose of 41 U.S.C. 254b and 10 U.S.C. 2306a for truth in negotiations) only if the contracting officer determines in writing that the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price of such services. (B) In order to make this determination, the contracting officer may request the offeror to submit prices paid for the same or similar commercial items under comparable terms and conditions by both Government and commercial customers; and (C) If the contracting officer determines that the information described in paragraph (c)(3)(ii)(B) of this section is not sufficient to determine the reasonableness of price, other relevant information regarding the basis for price or cost, including information on labor costs, material costs and overhead rates may be requested. (iii) The following requirements apply to minor modifications defined in paragraph (3)(ii) of the definition of a commercial item at 2.101 that do not change the item from a commercial item to a noncommercial item: (A) For acquisitions funded by any agency other than DoD, NASA, or Coast Guard, such modifications of a commercial item are exempt from the requirement for submission of certified cost or pricing data. (B) For acquisitions funded by DoD, NASA, or Coast Guard, such modifications of a commercial item are exempt from the requirement for submission of certified cost or pricing data provided the total price of all such modifications under a particular contract action does not exceed the greater of the threshold for obtaining certified cost and pricing data in 15.403-4 or 5 percent of the total price of the contract at the time of contract award. (C) For acquisitions funded by DoD, NASA, or Coast Guard such modifications of a commercial item are not exempt from the requirement for submission of certified cost or pricing data on the basis of the exemption provided for at FAR 15.403-1(c)(3) if the total price of all such modifications under a particular contract action exceeds the greater of the threshold for obtaining certified cost or pricing data in 15.403-4 or 5 percent of the total price of the contract at the time of contract award. (iv) Any Acquisition for noncommercial supplies or services treated as commercial items at 12.102(f)(1), except sole source contracts greater than $17.5 million, is exempt from the requirements for certified cost or pricing data (41 U.S.C. 428a).
You have been assigned as the Contracting Officer for a new acquisition and the requirement has just been briefed by the Colonel as the Wing's number one priority. The Program Manager approaches you with a draft sole-source J&A and asks for your review and comment. Upon review you note that no mention of Market Research is made and the PM later confirms that none was accomplished as the Wing wants to use their "usual" contractor; she also tells you that she isn't really sure why any would be necessary or where to begin the research. What should you do?
Authority: FAR 10.002 You should inform her that Market Research is usually the foundation for sole-source or limited competition and without it (unless one of the other exceptions in 6.302 applies) you cannot process the J&A. You should also ensure that she understands that the Market Research will demonstrate if a commercial item is available, or could be modified, to meet the Government's requirement thereby saving time and money in the development and delivery of the item. You should direct her to FAR Part 10 which provides several avenues of conduction Market Research, some of which are: (1) Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements. (2) Reviewing the results of recent market research undertaken to meet similar or identical requirements. (3) Publishing formal requests for information in appropriate technical or scientific journals or business publications. (4) Querying the Government-wide database of contracts and other procurement instruments intended for use by multiple agencies available at www.contractdirectory.gov and other Government and commercial databases that provide information relevant to agency acquisitions. (5) Participating in interactive, on-line communication among industry, acquisition personnel, and customers. (6) Obtaining source lists of similar items from other contracting activities or agencies, trade associations or other sources. (7) Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line. (8) Conducting interchange meetings or holding pre-solicitation conferences to involve potential offerors early in the acquisition process.
Describe some techniques for conducting market research?
Authority: FAR 10.002(b)(2) 1. Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements. 2. Reviewing the results of recent market research undertaken to meet similar or identical requirements. 3. Publishing formal requests for information in appropriate technical or scientific journals or business publications. 4. Querying the Government-wide database of contracts and other procurement instruments intended for use by multiple agencies and other Government and commercial databases that provide information relevant to agency acquisitions. 5. Participating in interactive, on-line communication among industry, acquisition personnel, and customers. 6. Obtaining source lists of similar items from other contracting activities or agencies, trade associations or other sources. 7. Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line. 8. Conducting interchange meetings or holding pre-solicitation conferences to involve potential offerors early in the acquisition process.
You are the Contracting Officer for a commercial item acquisition. The Program Manager comes to your office and asks you to explain how a commercial item is supported for reasonableness. You tell the PM that FAR has an order of preference that involves three steps. Please explain what these three steps are and provide examples of each step.
Authority: FAR 12.209 / FAR 15.402(a)(2)(i) Step 1 - Determine if information is available within the Government. Examples - prices from other Government contracts, ASC/PKF historical information, government independent cost estimates, historical data from other government services or agencies, records within DCAA and DCMA. Step 2 - Determine if information is available from sources other than the offeror. Examples - Market Research, published market prices, published price lists from both the offeror and other vendors, information requested from other vendors. Step 3 - Obtain information from the offeror. Examples - Prices at which the same or similar items have previously been sold in the commercial marketplace (sales data), catalogs, market priced items (market quotes from the vendor), cost or pricing data from the vendor that will not be certified.
In source selections for negotiated competitive acquisitions, what factors, as a minimum, must be addressed or evaluated? Describe how you would evaluate each factor?
Authority: FAR 15.3 04(c) / DFARS 215.304(c) / AFFARS MP5315.3 1. Price or cost to the Government. For fixed-price type contracts, evaluate through competition. For cost-reimbursement contracts, a cost realism analysis is required. 2. Quality of the product or service. Address in every source selection through consideration of one or more non-cost evaluation factors such as past performance, compliance with solicitation requirements, technical excellence, management capability, personnel qualifications, and prior experience. 3. Past performance (for acquisitions over $150,000). The currency and relevance of the information, source of the information, context of the data, and general trends in contractor's performance shall be considered. Consider information provided by the offeror and information obtained from any other source. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance. AFFARS MP5315.3 sets forth the following as mandatory evaluation factors: Mission capability Past performance Cost or price Cost/price risk Most probable cost Most probable life cycle cost Relative importance of factors and trade-offs
What are some examples of relevant contractor past performance information? How long should past performance information be retained?
Authority: FAR 42.15 Past performance information includes the contractor's record of conforming to contract requirements and to standards of good workmanship; the contractor's record of forecasting and controlling costs; the contractor's adherence to contract schedules, including the administrative aspects of performance; the contractor's history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the contractor's business-like concern for the interest of the customer. Past performance information shall not be retained to provide source selection information for longer than three years after completion of contract performance.
What are the seven exceptions to full and open competition? Which exception is least preferred? Who is authorized to approve the justifications?
Authority: FAR 6.302 / DFARS 206.302 / AFFARS 5306.302-2 / AFMCFARS 5306.302 refers to AFFARS IG5306, J&A Preparation Guide & Template Public interest. This authority may be used when none of the other authorities apply (least preferred). National security. Authorized or required by statute. Industrial mobilization; engineering, developmental, or research capability; or expert services. International agreement. Only one responsible source and no other supplies or services will satisfy agency requirements. Unusual and compelling urgency. For a proposed contract over $650,000 but not exceeding $12.5 million, the competition advocate for the procuring activity approves the justification. This authority is not delegable. For a proposed contract over $12.5 million but not exceeding $85.5 million, the head of the procuring activity or a senior level designee (i.e. flag officer, GS-16, SES) approves the justification. For a proposed contract over $85.5 million, the senior procurement executive of the agency approves the justification. For DoD, the Under Secretary of Defense for Acquisition, Technology, and Logistics, acts as the senior procurement executive. When using the Public Interest exception, a written determination to use this authority is made by the Secretary of Defense or the Secretary of the Air Force. This authority is not delegable.
There are seven statutory exceptions to the Competition in Contracting Act (CICA). Please list them and the exception most likely to apply to Foreign Military Sales (FMS) contracts. What specific documentation would be necessary to support this FMS exception?
Authority: FAR 6.302-4 The seven exceptions to Full and Open Competition are: (1) FAR 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements: When there is a reasonable basis to conclude that the agency's minimum needs can only be satisfied by unique supplies or services available from only one source or a limited number of sources, or from only one or a limited number of suppliers with unique capabilities; it shall not be used when any of the other circumstances is applicable. (2) FAR 6.302-2 - Unusual and Compelling Urgency: An unusual and compelling urgency precludes full and open competition, and delay in award of a contract would result in serious injury, financial or other, to the Government. (3) FAR 6.302-3 - Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services: When it is necessary to keep vital facilities or suppliers in business, train a selected supplier, maintain properly balanced sources of supply, create or maintain the required domestic capability for production of critical supplies, continue critical supplies in production when there would be otherwise a break in production, to provide for an adequate industrial base. (4) FAR 6.302-4 - International Agreement: When a contemplated acquisition is to be reimbursed by a foreign country using a LOA directing source; of for services to be performed, or supplies to be used, in the sovereign territory of another country and the terms of a treaty or agreement specify or limit the sources to be solicited. (5) FAR 6.302-5 - Authorized or Required by Statute: When statutes expressly authorize or require that acquisition be made from a specific source or through another agency. (6) FAR 6.302-6 - National Security: When disclosure of the Government's needs would compromise the national security (e.g. would violate security requirements). (7) FAR 6.302-7 - Public Interest: When the agency head determines that it is not in the public interest in the particular acquisition; may be used when none of the other authorities in 6.302 apply. International Agreement: Full and open competition need not be provided for when precluded by the terms of an international agreement or a treaty between the United States and a foreign government or international organization (LOA), or the written directions of a foreign government reimbursing the agency for the cost of the acquisition (LOR) of the supplies or services for such government.
You are the Contracting Officer on a large aircraft program. When you arrived at work this morning you are greeted with a notification that your contractor has been placed on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. What are the rules on continuation of your current contracts with the Contractor?
Authority: FAR 9.405-1 (1) Agencies may continue contracts or subcontracts in existence at the time the contractor was debarred, suspended, or proposed for debarment unless the agency head or a designee directs otherwise. (2) Ordering activities may continue to place orders against existing contracts, including indefinite delivery contracts, in the absence of a termination. (3) Agencies shall not renew or otherwise extend the duration of current contracts (i.e. exercise options), or consent to subcontracts, unless the agency head or a designee authorized representative states, in writing, the compelling reasons for renewal or extension.
When dealing with potential organizational and consultant conflicts of interest, what are the two underlying principles?
Authority: FAR 9.5 Preventing the existence of conflicting roles that might bias a contractor's judgment; and preventing unfair competitive advantage.
hat is Debarment? What is the policy for dealing with Debarred contractors? What are some causes for Debarment? You currently have a contractor developing a highly important asset. It is found out in the middle of the period of performance that he is debarred. What are your options?
Debarment is action taken by a debarring official - the head of the agency or a designee authorized by the agency head - to exclude a contractor from government contracting and government-approved subcontracting for a reasonable, specified period. Debarred contractors are excluded from receiving contracts, and agencies shall not solicit offers from, award contracts to, or consent to subcontracts with these contractors, unless the agency head determines that there is a compelling reason for such action. See FAR 9.450(a). Causes for Debarment are fraud/criminal offense related to obtaining or performing a public contract, theft, forgery, bribery, false statements, Willful failure or poor history to perform IAW terms of one or more Government contracts. See FAR 9.406-2. IAW 9.405-1 Continuation of current contracts, agencies may continue contracts or subcontracts in existence at the time the contractor was debarred unless the agency head directs otherwise. In this case, since we are in the middle of performance of an end item, the agency has the right to continue with the current contractor as long as the agency head is aware of the situation and does not otherwise direct a different course of action. If the agency head decides it is not in the best interest of the Government to finish the period of performance then termination of the contract should be made. The type of termination - default or convenience shall be decided only after consulting legal (FAR 9.405-1(a)) If this was a sustainment effort broken out by option year then the agency could not exercise the next option unless the agency head makes a written determination of the compelling reasons to exercise the option. If the agency head decides it is not in the best interest of the Government to continue the sustainment contract, the best course of action should be to finish up the current option and not exercise the next option. While in the current option, the agency should look to start resoliciting new contractors to satisfy the Government's requirement.
Describe the process at ESC for reviewing and approving OCI mitigation plans.
ESC has a policy that JA shall brief OCIs at all industry days. The contractor should submit an OCI mitigation plan to the PCO for review. The PCO, PMO team, and JA should review the plan for adequacy. The PCO should submit analysis/recommendations to the OCI panel for review. The PCO notifies the contractor if/when the mitigation plan is acceptable. *Note: The PCO is the final approval authority/signature for an OCI mitigation plan.
Can a T&M contract be used for a commercial service?
FAR 12.207 (b) (1) A time-and-materials contract or labor-hour contract (see Subpart 16.6) may be used for the acquisition of commercial services when— (i) The service is acquired under a contract awarded using— (A) Competitive procedures (e.g., the procedures in 6.102, the set-aside procedures in Subpart 19.5, or competition conducted in accordance with Part 13); (B) The procedures for other than full and open competition in 6.3 provided the agency receives offers that satisfy the Government's expressed requirement from two or more responsible offerors; or (C) The fair opportunity procedures in 16.505 (including discretionary small business set-asides under 16.505(b)(2)(i)(F)), if placing an order under a multiple-award delivery-order contract; and (ii) The contracting officer— (A) Executes a determination and finding (D&F) for the contract, in accordance with paragraph (b)(2) of this section (but see paragraph (c) of this section for indefinite-delivery contracts), that no other contract type authorized by this subpart is suitable
When acquiring commercial items, what contract type(s) are normally used? What type(s) are prohibited?
FAR 12.207 / DFARS 212.207 Firm-fixed-price contracts or fixed-price contracts with economic price adjustment are the norm. Indefinite-delivery contracts may be used where the prices are established based on a firm-fixed-price or fixed-price with economic price adjustment. Use of any other contract type is prohibited. These contract types may be used in conjunction with an award fee and performance or delivery. DFARS provides some limited exceptions for T&M (labor-hour) contracts.
You have recently awarded 3 multiple award ID/IQ contracts in accordance with FAR 16.5. The contracts are for specialized support equipment and the ordering period is three years. FAR 16.505(b)(1) states that you must provide each awardee a fair opportunity to be considered for each order exceeding $3,000. Are there any exceptions to this, and are you required to publicize these orders in the Federal Business Opportunities Net?
FAR 16.505(b)(2) states: Exceptions to the fair opportunity process. The contracting officer shall give every awardee a fair opportunity to be considered for a delivery-order or task-order exceeding $3,000 unless one of the following statutory exceptions applies: (i) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. (ii) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. (iii) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. (iv) It is necessary to place an order to satisfy a minimum guarantee. (v) Required by law or statue. (vi) Small Business Set-aside. Orders placed under ID/IQ contracts are exempt from synopsis by FAR 5.202(a)(6).
You have recently awarded 3 multiple award ID/IQ contracts in accordance with FAR 16.5. The contracts are for specialized support equipment and the ordering period is three years. FAR 16.505(b)(1) states that you must provide each awardee a fair opportunity to be considered for each order exceeding $3,500. Are there any exceptions to this, and are you required to publicize these orders in FedBizOpps?
FAR 16.505(b)(2) states: Exceptions to the fair opportunity process. The contracting officer shall give every awardee a fair opportunity to be considered for a delivery-order or task-order exceeding $3,500 unless one of the following statutory exceptions applies: (i) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. (ii) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. (iii) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. (iv) It is necessary to place an order to satisfy a minimum guarantee. Orders placed under ID/IQ contracts are exempt from synopsis by FAR 5.202(a)(6).
Describe some examples of sources of information the contracting officer should use in determining contractor responsibility?
FAR 9.105 1. The List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 2. Records and experience data, including verifiable knowledge of personnel within the contracting office, audit offices, contract administration offices, and other contracting offices. 3. The prospective contractor: including bid or proposal information, questionnaire replies, financial data, information on production equipment, and personnel information. 4. Commercial sources of supplier information of a type offered to buyers in the private sector. 5. Pre-award survey reports. 6. Other sources such as publications; suppliers, subcontractors, and customers of the prospective contractor; financial institutions; Government agencies; and business and trade associations. 7. If the contract is for construction, the contracting officer may consider performance evaluation reports. 8. FAPIS
If a contractor is included on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, what are the rules on continuation of current contracts with the contractor?
FAR 9.405 1. Agencies may continue contracts or subcontracts in existence at the time the contractor was debarred, suspended, or proposed for debarment unless the agency head or a designee directs otherwise. 2. Ordering activities may continue to place orders against existing contracts, including indefinite delivery contracts, in the absence of a termination.
Discuss FAR 12 Commercial Items
For acquisitions of commercial items exceeding the SAT but not exceeding $6.5M, contracting activities shall employ the simplified procedures authorized by FAR 13.5 to the maximum extent practicable. CO may allow fewer than 15 days before issuance of solicitation. CO may allow fewer than 30 days response time for receipt of offers for CI. The CO may issue a combined synopsis/solicitation and determines a solicitation response time based on the requirement - complexity, commerciality, availability, urgency. Review existing product literature from offerors of CI in lieu of unique technical proposals. Past performance should be an important element for evaluation and award of CI. FFP or FP-EPA is the contract type. TM / Labor Hour and Indefinite Delivery contracts may be used. Rely on contractors' existing QA system unless in-process inspection is consistent with commercial practice. Price reasonableness must still occur. The Gov shall only acquire technical data and rights in that data customarily provided to the public with a CI. CO shall presume data pertaining to a CI was developed exclusively at private expense. Computer Software shall be acquired under licenses customarily provided to the public. The rights to the computer software are specified in the license. Cost Accounting Standards do not apply to contracts for acquisition of CI. FAR 52.212-4 is the main clause for CI and should not be tailored unless a waiver is approved. The following areas are statutory requirements and shall not be tailored - Assignments, Disputes, Payment, Invoice, Other compliances, compliance with laws unique to Gov contracts. Termination for Cause - FAR 49 does not apply to Terminations on CI since Termination is covered under 52.212-4. You can use Part 49 for guidance as long as it does not conflict with 52.212-4. Consult with legal counsel before Terminating for Cause. The CO shall send a cure notice prior to terminating a contract for a reason other than late delivery. The preferred remedy for Termination for Cause is to acquire similiar items from another KTR and to charge the defaulted contractor with any excess reprocurement costs (reading wifcon, you send a demand for repayment to the KTR). Implied Warranties - Post Award rights contained in 52.212-4 are Implied warranty of merchantability and the implied warranty of fitness. Merchantability means the item is fit for the purpose for which the item is to be used. Fitness is when the seller knows the purpose for which Gov intends to use the item and the Gov relied upon the KTR's skill and judgment. Consult legal counsel prior to asserting any claim for a breach of implied warranty. Express warranties should be used when the CO determines: The warranty is adequate to protect the Gov's needs, the warranty is cost-effective, and postaward administration of warranty is clear and feasible. Streamlined evaluation of offers - When evaluation factors are used, the CO may use 52.212-2 - Eval of CI or comply with the procedures in 13.106 if acquisition is being made using SAP. 52.212-2 states tech eval factors and relative importance of those factors and overall importance of non-price factors vs. price will be stated in clause. FAR 13 does not require the relative importance
What is the difference among (1) Full and Open Competition, (2) Full and Open Competition After Exclusion of Sources, and (3) Other Than Full and Open Competition?
Full and Open Competition (FAR 6.003) All responsible sources are permitted to compete. Ensure Gov't requirement is not too restrictive Responsible: A responsible offeror is a firm that has adequate financial resources or the ability to obtain them; the ability to comply with delivery/performance schedules, satisfactory performance record, business ethics, organization, accounting controls, technical skills, etc. Responsive: following guidelines given, able to meet requirements Sole Source: Contractor that is entered into or proposed to be entered into by an agency after soliciting and negotiating with only one source. F&O After Exclusion of Sources, 6 Agency Head Determinations to Exclude of Sources 1. Increased competition will result in reduced overall cost for the acquisition 2. Available facilities in time of National Defense 3. Maintain R&D capability from education/non-profit/industrial mobilization 4. Continuous availability of a reliable source of supplies and services 5. Satisfy projected needs based on high demand 6. Satisfy a critical need for medical, safety or emergency supplies In all cases above, the HCA must sign a D&F. D&F shall not be made on a class basis. Set-Asides for Small Business Concerns a. CO may set-aside solicitation solely for small business competition b. No separate D&F required or J&A, includes SBIR Programs Section 8(a) Competition a. CO may limit competition to eligible 8(a) contractors b. No separate D&F required or J&A Set-Asides for HUBZone Small Business Concerns a. CO, in participating agencies, may limit competition to only HUBZone concerns b. No separate D&F required or J&A Other than Full and Open Competition shall not be justified by 1. Lack of advanced planning 2. Lack of funding/concerns regarding expiring funds
Situation: In a competitive acquisition, a far superior proposal is submitted one day late. Being an astute CO, you properly reject the proposal because it was late. This same contractor resubmits the same proposal 5 days later as an unsolicited proposal. What do you do?
IAW FAR 15.603(c) (5), again reject the proposal; b/c unsolicited proposals cannot be submitted for known agency requirements that can be acquired by competitive methods.
Can you use National Security merely because an acquisition is classified or because access to classified material is necessary to submit a proposal?
No. This authority may be used for any acquisition when disclosure of the Government's needs would compromise the national security (e.g., would violate security requirements); it shall not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.
In what ways does market research influence pre-award program management? Why must a pre-award team perform market research?
It can help determine if the requirements are realistic; identify program risks; provide information to help decide acquisition strategy; better define the RFP (model contract, Sections L & M, and evaluation criteria); and prepare the evaluators for better proposal evaluation.The pre-award team must perform market research because the Federal Acquisition Streamlining Act (FASA) of 1994 and the Clinger Cohen Act of 1996 require us to go to the commercial market first before developing a new product. The most significant tool we have to get to the commercial market place is through market research. Market research is critical to developing both knowledge and understanding of the products, services, and practices of industries that make up the global commercial market; and, besides, it only makes good business sense to take advantage of products, services and infrastructure that already exist. Basically, it's the law, and it's the smart thing to do.
Under a current contract, Contractor A is to do testing, evaluation and validation of items to determine their use in a particular area. You are the Contracting Officer on a new source selection that will have the successful offeror submitting items to be tested by Contractor A under the current contract. Contractor A is one of many contractors who have expressed interest in the new source selection. As a CO what should you consider when determining if Contractor A may be allowed to bid as a prime contractor on this new source selection?
KTR MAY SUBMIT A MITIGATION PLAN WITH THEIR PROPOSAL Authority: FAR 9.502(c) / FAR 9.504 FAR 9.502(c) states "an organizational conflict of interest may result when factors create an actual or potential conflict of interest on an instant contract, or when the nature of the work to be performed on the instant contract creates an actual or potential conflict of interest on a future acquisition." In this latter case, some restrictions on future activities of the contractor may be required. In these cases, under FAR 9.504, the CO shall: (1) analyze planned acquisitions in order to (a) identify and evaluate potential conflicts of interests as early in the acquisition process as possible; and (b) avoid, neutralize, or mitigate significant potential conflicts before contract award. (2) obtain the advice of counsel and the assistance of appropriate technical specialists in evaluating potential conflicts and in developing any necessary solicitation provisions and contract clauses (3) before issuing the solicitation, recommend to the head of the contracting activity a course of action for resolving the conflict (4) avoid creating unnecessary delays, burdensome information requirements, and excessive documentation; and (5) shall award the contract to the apparent successful offeror unless a conflict of interest is determined to exist that cannot be avoided or mitigated.
You are the new CO in a Program Office. The Program Manager is new, because the former PM passed away. He has a requirement that is now 6 months behind because it was awarded due to the passing of the former PM. The PM is asking you to issue a J&A based on urgent and compelling based on the death of the PNM. How do you respond?
Lack of planning is not justification for unusual and compelling urgency!
As part of your negotiations regarding your FMS contract, you have agreed to include a business base adjustment clause. This clause will allow for an upward adjustment (to a ceiling amount) if the contractor's business base should decline versus that upon which the fixed price of the contract was based. This clause, therefore, constitutes a contingent liability since it is related to a transaction or event and may or may not become an actual liability depending on a future event. Must you commit funds to cover this contingent liability? Why or why not?
No. Commitments for contingent liabilities are not recorded in the FMS trust fund. As they materialize, you should request obligation authority from the FMS trust fund in order to record these commitments. The reason for this is that the foreign country promises in the LOA to pay whatever costs are incurred in acquiring the item involved. Therefore, this situation is different that when U.S. funds are being used.
In the case of Unusual and Compelling Urgency, does the J&A have to be approved before contract award?
No. The justifications for contracts awarded under the authority cited in 6.302-2 may be prepared and approved within a reasonable time after contract award when preparation and approval prior to award would unreasonably delay the acquisitions.
Does Unusual and Compelling Urgency or National Security authorize a sole-source contract action?
No. This statutory authority requires that agencies shall request offers from as many potential sources as is practicable under the circumstances.
Considering the current state of the program, what steps (actions, approvals, or documents) must the IPT take to get to the issuance of an RFP?
State your assumptions. (this is a long answer...) I will assume this is a service contract, $150M dollars, and will be Full & Open Competition. 1. Define requirements, identify funding; 2. Conduct Market Research; Contact Acquisition Center of Excellence to help with creation/coordination of Acq Plan or Acq Strat Document & ASP Brief; Complete Requirements Decision & Approval Document and coordinate/approve up to SAE - Services Acquisition Executive, Van Buren. 3. MIRT Acq Plan/ASP Brief; 4. Brief the ASP to the ASP chair and gain approval. 5. Staff the Source Selection Plan to the Source Selection Authority; 6. Solicitation Review Board the RFP; 6. MIRT Section L&M of RFP; 7. Request Clearance to release RFP; 8. Issue synopsis; 9. Issue RFP.
The PCO is required to post the J&A after contract award. How long does the PCO have to post the J&As?
The PCO has 14 days from contract award except in the case of unusual and compelling urgency where the PCO has 30 days to post the J&A. Do not post the J&A if using National Security. See FAR 5.202, exceptions to posting requirements.
Organizational Conflict of Interest: - Explain current policy, procedures for review; why we are concerned about OCI?
The PCO must identify and evaluate potential OCI as early as possible (FAR 9.504(a)(1) and avoid, neutralize, or mitigate (FAR 9.504(a)(2)). Award may not be made to a conflicted contractor unless proper OCI plans are in place. If proper plan is not feasible given timelines, the PCO may request a waiver IAW FAR 9.503. The two underlying principles to OCI is to prevent conflicting roles that might bias or impair a KTR's judgment and prevent unfair competitive advantages (9.505). There are 3 basic types of OCI that are common here at SMC: Unequal Access to Information, Biased Ground rules, and Impaired Objectivity. Unequal access exists when a KTR has access to information not commonly available to the public due to its role with the Government. This could potentially give the KTR an unfair competitive advantage as it has knowledge not known to other competitors. Biased Ground Rules is when a KTR, due to its role, has heavy influence on the development of specs or creation of work statements. This allows the KTR to steer future procurements towards its favor thus gaining a competitive advantage. Impaired objectivity exists when the contractor is evaluating itself. This places the contractor in a conflicting role where its judgment may become bias or impaired since it would likely want to rate performance favorably. Firewalls can be utilized to mitigate unequal access to information by sectioning off employees (virtually or physically) to the minimum amounts of data required data. Firewalls cannot be used to mitigate biased ground rules or impaired objectivity. Mitigation plans for biased ground rules and impaired objectivity are based on careful selection of contractor role and / or increase government surveillance. The preferred method should be avoidance as this is the ultimate action in eliminating OCI. As seen in case law, the Government has the inherent right to protect itself against OCI. This includes excluding a firm from competition as long as the PCO's decision is reasonable and fair. Exclusion is the ultimate avoidance solution as there is no probability a conflicted contractor will win the award. SMC Procedures/Policy: For all new contracts and new work supplemental agreements, the Contracting Officer shall analyze OCI. Pre-Business Clearance (Competitive: Before RFP release, Sole Source: Before negotiations) - If there is no OCI identified, then document in D&F, D&F reviewed by COCO, JA, PKC as part of Business Clearance file. JA or PK may request OCI panel review. If potential OCI exists, document in D&F, D&F reviewed by COCO, JA, PKC, and OCI Mitigation Plan. Once coordinated, staff package to SMC/PK. Pre-Contract Award - Analyze OCI situation with new info from proposals and OCI Mitigation Plans. If no OCI identified, document in D&F, have D&F reviewed by COCO, JA, PKC. If potential/actual OCI identified, if mitigation plan is consistent with PK approved approach, document analysis in new D&F, reviewed by COC, JA, PKC as part of contract clearance file. If mitigation plan is acceptable, but inconsistent with PK approved approach, document analysis in D&F, D&F reviewed by COCO, JA, PKC, OCI Panel. Package is then staffed up to SMC/PK.
List some of the PCO responsibilities regarding OCI.
The PCO shall (1) avoid, (2) neutralize, and/or (3) mitigate significant conflicts of interest before contract award. The PCO shall exercise common sense, good judgment, and sound discretion.
What level of technical detail should a PCO require an offeror to submit when purchasing a commercial item?
When technical information is necessary for evaluation of offers, agencies should, as part of market research, review existing product literature generally available in the industry to determine its adequacy for purposes of evaluation. If adequate, contracting officers shall request existing product literature from offerors of commercial items in lieu of unique technical proposals. If the PCO is not able to make a determination on price fair and reasonable, he/she should request to see sales receipts and/or published prices. If that's not available, the PCO should request other than certified cost or pricing data in accordance with FAR Part 12. Only the level necessary to determine price reasonableness and what is customarily required by the commercial marketplace.
Can a J&A cover more than one contract action? If so, what is it called?
Yes. It is called a class justification. Whenever a justification is made and approved on a class basis, the contracting officer must ensure that each contract action taken pursuant to the authority of the class justification and approval is within the scope of the class justification and approval and shall document the contract file for each contract action accordingly.
You have been assigned as the Contracting Officer for a new acquisition and the requirement has just been briefed by the Colonel as the Wing's number one priority. The Program Manager approaches you with a draft sole-source J&A and asks for your review and comment. Upon review you note that no mention of Market Research is made and the PM later confirms that none was accomplished as the Wing wants to use their "usual" contractor; she also tells you that she isn't really sure why any would be necessary or where to begin the research. What should you do?
You should inform her that market research is usually the foundation for sole-source or limited competition and without it (unless one of the other exceptions in FAR 6.302 applies) you cannot process the J&A. You should also ensure that she understands that the market research will demonstrate if a commercial item is available, or could be modified, to meet the Government's requirement, thereby saving time and money in the development and delivery of the item. Bottom line, we won't be proceeding with the J&A without performing market research and exploring all options first.