1. Other than full and open competition, Simplified Acquisition Procedures (SAP), and Federal Supply Schedules Brendan Miller OD/OALM/OLAO/AO Operations Branch Chief 1

2. Other Than Full and Open Competition

3. Other than Full and Open Competition is covered in the FAR under Part 6.3. Part 6 of the FAR deals with Competition Requirements overall. “Sole Source” acquisitions are really defined by 6.302-1 of the FAR. The application under 6.301- 1(b)(1)(i) say that only to reference this “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 only one supplies with unique capabilities.” Sole Source J&As 3

4. Brand name only is referenced under 6.302-1(c) An appropriate description describes the importance of why a particular brand name is the only kind that can meet the Agency’s need. Any Brand Name Only requirement is not considered to provide for full and open competition. It is subject to the same written justifications and approvals in 6.303 and 6.304. What is a Brand Name Only? 4

5. 11.104 Use of brand name or equal purchase descriptions. (a) While the use of performance specifications is preferred to encourage offerors to propose innovative solutions, the use of brand name or equal purchase descriptions may be advantageous under certain circumstances. (b) Brand name or equal purchase descriptions must include, in addition to the brand name, a general description of those salient physical, functional, or performance characteristics of the brand name item that an “equal” item must meet to be acceptable for award. Use brand name or equal descriptions when the salient characteristics are firm requirements. Brand Name Or Equal 5

6. Sole source justifications are defined under Part 6, and apply to parts 12 (Acquisition of Comm. Items), LSJs are defined under FAR 8.4 – Federal Supply Schedule (GSA Buys – not the same regulation for NITAAC buys). Limited Source Justifications 6

7. 8.405-6(a)(1)(i) is the presiding regulation. To paraphrase, the allowances for Limiting Sources: A.Urgent and Compelling B.Only one source is capable of providing the goods or services C.The work is a logical follow-on to a previously competed requirement. What are the LSJ Applications 7

8. “It is the way we have always done it/what we have always bought” “We’ve worked with this contractor for years” “We believe it will be the cheapest” Things that are NOT applications 8

9. The CO is required to do his/her market research in determining allowance for other than full and open competition. This will likely result in the posting of an intent to sole source as part of his or her market research, along with a posting of the relevant parts or a synopsis of your SOW/Goods. If other firms submit capability statements, the program will have to justify why each firms statement of capabilities is unacceptable. Keep in mind….. 9

10. Simplified Acquisition Procedures

11. Simplified Acquisition Procedures pertain to acquisitions that do not exceed the Simplified Acquisition Threshold ($150K presently ). The flexibilities of the section can also apply to the acquisition of commercial items up to $6.5M. The purpose of the procedures is meant to streamline the contracting process. Large dollar acquisitions can take anywhere from 3 months to a year, depending on complexity. What are they? 11

12. In accordance with FAR 13.003(b)(1) “Acquisitions of supplies or services that have an anticipated dollar value exceeding $3,000 … but not exceeding $150,000… are reserved exclusively for small business concerns and shall be set aside.” SAP and Small Businesses 12

13. Each Acquisition Package must have the following: A funding document (a requisition through NBS) An Independent Government Cost Estimate (IGCE) A Statement of Work (preferably in Word format, or a list of items (preferably in Excel). How you plan to evaluate proposals/evaluation criteria. Market research performed, which may include recommended vendors (not considered a sole source – does not guarantee they will be solicited/awarded) For templates, please go to: http://olao.od.nih.gov/office-acquisitions/COR- examples-and-templates How to Submit an Acquisition Package 13

14. It is the responsibility of your contracting office. If you submit “quotes” as part of your package, it qualifies as only market research. We have to satisfy pre-solicitation requirements like the HHS-653 form through the NIH Small Business Specialist. Includes the plan for how to compete it (Open Market, GSA, GWAC, Small Business Set- Aside). Soliciting Your Requirement 14

15. Exchanges with offerors during a solicitation MUST come through the contracting office. – If 1 vendor asks a question, it is the responsibility of the CO to ensure that all questions asked by 1 vendor is answered to the ENTIRE solicitation pool. Any time you submit “quotes,” your CS is using them as Market Research, and soliciting the requirement anew once we receive it. Soliciting Your Requirement (cont.) 15

16. Based on the IGCE From $3K to $14,999 -> get three SB quotes From $15K-$24,999K -> post on our bid board for 10 days. From $25K+ -> post to FBO.gov Solicitation Thresholds (as mandated by FAR) 16

17. Once the proposal comes through, it is the responsibility of the program office to evaluate the submissions based on the solicited evaluation criteria. In many cases, Lowest Price technically acceptable is good for goods, but services may have different, more technical criteria. In order to avoid a protest, it is imperative that you stick to the evaluation that was solicited. Please work closely with your CS during this process. Proposal/Quote Evaluation 17

18. Federal Supply Schedules (GSA Purchases)

19. GSA Schedule is a series of commercial item contract for different goods/services. The policies and procedures for ordering off of them under $150K are typically just getting quotes from three vendors. Over $150K go on eBuy. Brand Name Only requirements STILL not allowed. It further streamlines SAP. How are they different than SAP? 19

20. Brendan Miller OD/OALM/OLAO/OA Operations Branch Chief 301-594-0357 Brendan.Miller2@nih.gov 20 CLOSING REMARKS