Proposal Rule - Solicitation Preparation Guidance
The purpose of this guide is to 1) assist DoD contract specialists responsible for preparing competitive solicitations for the acquisition of commercial items using FAR Part 12 procedures, 2) assist DoD contracting officers or other DoD contracting personnel responsible for ensuring the quality of these solicitations prior to their release, and 3) assist administrators of automated procurement systems used by DoD (i.e., PD2, ConWrite, etc.) who are responsible for ensuring that competitive solicitations produced with the aid of these automated procurement systems are of good quality. This guide does not specifically address the preparation of combined synopsis/solicitation procedure described in FAR 12.603. However, the information in this guide may be useful in preparing a combined synopsis/solicitation as it relates to the type of information that should be in an addendum, the clauses to be incorporated by reference in
FAR 52.212-5 Solicitation format.
Pursuant to FAR 12.303, solicitations for the acquisition of commercial items prepared using FAR Part 12 shall be assembled, to the maximum extent practicable,
using the following format:
(a) Standard Form (SF) 1449 ;(b) Continuation of any block from the SF 1449; (c) Contract clauses (d) Any solicitation documents, exhibits or attachments;
and (e) Solicitation provisions.
For ease of use, the organization of this guide resembles the preferred organization of a solicitation for the acquisition of commercial items using FAR Part 12 ((a) through (e).
Advice and Recommendations
Users of this guide are advised against printing it out and using it as a desk reference, as it will be continuously updated in response to changes to the FAR or DFARS that affect the acquisition of commercial items.
- A/E Contract Award Management
Contracting for A&E services is governed by 40 U.S.C. §§ 1101–1104, 155 which prescribes a negotiation procedure based on competence as well as price. In this regard, section 1101 provides: “The policy of the Federal Government is to publicly announce all requirements for architectural and engineering services, and to negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices.”
Proposal Risk versus Performance Risk
It is important to differentiate between risk types when submittal package ready to delivery. The two types of risk typically are proposal risk and performance risk.
The risk associated with the offeror’s proposed approach to meeting the
requirements of the solicitation for each of the non -cost evaluation factors other than past performance.
The risk of performance as it relates to the probability of the offeror successfully completing the solicitation’s requirements based on previous demonstrated recent and relevant performance.
Design Management Plan Is A Significant Attachement
"A long-term management objectives should be translated into management actions, formulated as a A/E management plan or other management framework”
(A/E Selection Criteria, et seq, as cited in)
FAR 36.602-1 sets the general selection criteria for A-E contracts as follows: "(1) Professional qualifications necessary for satisfactory performance of required services; “(2) Specialized experience and technical competence in the type of work required, including, where, appropriate, experience in energy conservation, pollution prevention, waste reduction, and the use of recovered materials; “(3) Capacity to accomplish the work in the required time; “(4) Past performance on contracts with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules; “(5) Location in the general geographical area of the project and knowledge of the locality of the project; provided, that application of this criterion leaves an appropriate number of qualified firms, given the nature and size of the project; and “(6) Acceptability under other appropriate evaluation criteria." The Defense FAR Supplement (DFARS) 236.602-1(a)(6) supplements the FAR and specifies additional selection criteria for DoD. In particular, DoD agencies must: (1) "Consider the volume of work awarded by DoD during the previous 12 months. In considering equitable distribution of work among A-E firms, include small and small disadvantaged business firms and firms that have not had prior DoD contracts," (2) "Consider as appropriate superior performance evaluations on recently completed DoD contracts," and(3) "Consider the extent to which potential contractors identify and commit to small business and to small disadvantaged business, historically black college and university, or minority institution performance of the contract, whether as a joint venture, teaming arrangement, or subcontractor."