Solicitation
The purpose of this step is to develop and issue a solicitation (request for proposal)
to which commercial vendors can respond with formal offers. The heart of the document
is the PWS, which identifies the performance expectations of the government for
the commercial activity under review. During this step, the Contracting Officer,
in conjunction with the CA team leader, determines which type of contract to use
for the solicitation. The Contracting Officer reviews the PWS for sufficiency and
incorporates it, along with other required contract clauses, into the solicitation.
The FAR requires that the Right of First Refusal of Employment clause be included
in the solicitation. This clause ensures that federal employees whose positions
are eliminated if an activity is outsourced will be given priority for employment
with the winning contractor. The Contracting Officer will announce the solicitation
in accordance with the FAR requirements. The Contracting Officer and the CA team
should work together in developing the criteria by which the contractor offers will
be evaluated.
What are the parts of the solicitation?
The parts of the solicitation are dictated by the FAR Part 15.204-1. Contracting
officers prepare solicitations and resulting contracts using the uniform contract
format outlined below:
Part I- The Schedule
- Section A: Solicitation/Contract Form
- Section B: Supplies or Services and Prices/Costs (also known as the Bid Schedule)
- Section C: Description of Specifications/Statement of Work/Performance Work Statement
- Section D: Packaging and Marking
- Section E: Inspection and Acceptance
- Section F: Deliveries or Performance
- Section G: Contract Administration Data
- Section H: Special Contract Requirements
Section I: Contract Clauses
Part III- List of Documents, Exhibits, and Other Attachments
- Section J: List of Attachments
Part IV- Representations and Instructions
- Section K: Representations, certifications, and other statements of offerors or
respondents
- Section L: Instructions, Conditions, and Notices to Offerors or Respondents
- Section M: Evaluation Factors for Award
Which parts are most important to me during the development of the Government Management
Plan?
Though the entire solicitation is very important for offerors to read and understand,
Sections B, C, L and M are particularly critical sections. Section B- Supplies or
Services and Prices/Costs typically includes information that is relevant to the
preparation of the In-House Cost Estimate. For example, one particular task may
only be performed/required in every other performance period or be discontinued
part way through the contract period, which would be reflected by the CLINs shown
in Section B. The IHCE should then also reflect this pricing appropriately in order
to be comparable to private sector bids. Furthermore, Section B often provides information
about “wash costs” that shouldn’t necessarily be included in the IHCE. Section C-
the Performance Work Statement- defines what services are required and should be
the basis for the staffing in the MEO. Section L contains the instructions to offerors,
which typically provides the outline for the offerors’ bids, number and type of
copies to be provided upon submission, font size to be used, and page limitations.
Finally, Section M- Evaluation Factors for Award- tells the offeror the evaluation
criteria and the weight placed on each section of the bid during the evaluation
process. It is important for the preparer of the IHCE to be familiar with Section
M since costs may be included in bids “for evaluation purposes only.”
What is a Business Strategy Panel (BSP)?
One of the most important aspects of a successful cost comparison is the formation
of a BSP. As in the case of acquisition planning (Federal Acquisition Regulations
(FAR) Part 7), the BSP should be established as soon as the requirement or cost
comparison is identified. The BSP team should consist of personnel responsible for
significant aspects of the process. At a minimum, the team should include representatives
from small business utilization, fiscal, legal, functional area(s), quality assurance,
contracting, and, if possible, external cost comparison process experts (e.g., expert
consultants or government employees from outside the organization who have cost
comparison experience). Additionally, customers or other stakeholders of the cost
comparison process should be contacted to ascertain and record their expectations
of service and what they consider most important to achieving their mission, as
they become the recipients of the selected Contractor/ISSA or MEO provided service.
Resources:
Policy
Guides and Recommended Readings