Make Performance Decision
The performance decision date is the official end date for a streamlined or standard
competition. The end date of a streamlined competition shall be the date that all
SLCF certifications are complete, signifying a performance decision. The end date
of a standard competition shall be the date that all SCF certifications are complete,
signifying a performance decision. An agency shall make a formal public announcement
(at the local level and via
FedBizOpps.gov)
of the streamlined or standard competition performance
decision.
We have made our performance decision. What should we
do next?
- Certification. First, to certify a performance decision in a standard competition,
the SSA and CO shall sign the SCF.
- Public Announcement of the Performance Decision. Next, the agency will make a formal
public announcement (at the local level and via FedBizOpps.gov) of the performance
decision. In the announcement of a performance decision for a sealed bid acquisition,
the agency shall include the information made public at bid opening, under FAR Subpart
14.4. In the announcement of a performance decision for a negotiated acquisition,
the agency shall include the information regarding offers and tenders identified
in FAR 15.503(b). If an agency tender includes any MEO subcontracts, the agency
shall not release proprietary information contained in these subcontracts.
- Debriefing. The SSA shall ensure that the CO offers a debriefing to all private
sector offerors, public reimbursable sources, the ATO, and directly affected government
personnel (and their representatives), in accordance with FAR 15.503.
- Release of the Certified SCF and Tenders. The agency shall release the certified
SCF, agency tender, and public reimbursable tenders.
- Implementing a Performance Decision. Finally, the agency shall implement the performance
decision resulting from a standard competition. For more information on implementation,
see
Award Contract or Issue Agreement.
What are the procedures for releasing the Certified SCF
and Tenders?
The agency requires, as a condition of access, that a legal agent of a directly
interested party sign a non-disclosure agreement. The agreement must provide that
a signatory may share the information covered by the agreement only with other signatories,
and only for purposes of challenging the performance decision. Upon resolution of
a contest challenging a performance decision (i.e., when the agency renders a written
decision in compliance with FAR Subpart 33.103, as required by paragraph F.1.b.
or expiration of the time for filing such a contest, the certified SCF, agency tender,
and public reimbursable tenders, shall be available to the public, upon request.
Proprietary information of private sector providers of sub-contracts included in
agency or public reimbursable tenders shall not be released. Note, only legal agents
for directly interested parties shall have access to the certified SCF, agency tender,
and public reimbursable tenders.