1. Contracting Officer Representative (COR) Refresher “Acquisition Overview” Brian K. Goodger Associate Director, OLAO May 21, 2015

2. Office of Logistics and Acquisition Operations (OLAO) – Office of Acquisitions Station Support, Simplified, Agency Wide Vehicles, and Research & Development – NIH Information Technology Acquisition Assessment Center CIOSP3 & CIO-CS – Division of Logistics Property Transportation Supply – Strategic Sourcing & Data Analysis Branch – 125 people, located on Executive Blvd., support organization – www.olao.od.nih.gov www.olao.od.nih.gov OLAO overview 1

3. Started in response to the Executive Officer request for quick, easy, free, COR and Acquisition training of their staff. – Earn 2 CLP/CEU each class – Occurs quarterly, except for the 4 th quarter – 11/20/2014 Mock Technical Evaluation Panel (TEP) meeting and discussion of Broad Agency Announcements (BAA) and Other Transaction Authorities (OTA) – 6/19/2014 Simplified Acquisitions – Next refresher class will be in November of 2015 – Rotate topics and staff COR Refresher class history 2

4. Acquisition Overview – Brian Goodger Break for 10 minutes Agency wide contracting vehicles – Susan Cortes-Shrank Strategic Sourcing – Eric Steinberg End at 11:55am Agenda for Today 3

5. US Government contracting is based on 2 principles: 1.Competition. Quality goes up, price goes down. 2.Small Business Participation. Creates jobs, stimulates the economy. Why does the US Government contract? – Because we cannot produce the product/provide the service in-house. Goals of the US Government in contracting: – Award to contractors who will provide a quality product or service, in the specified amount of time, within cost, while providing customer service to the US Government. Contracting Officer’s Representative – The federal employee responsible for the technical direction of the contract (COR). Writes the SOW, expert in the product or service being procured, cannot award or modify contracts. Reviews monthly reports, inspects product, and works closely with the CO. Reviews invoices. Monitors Cost, Schedule, & Performance. Fundamentals of USG contracting

6. Acquisition Relationships COR (Customer) Contractor (Private Sector) CO (Actual Authority) The CO and the Contractor serve the COR. The COR determines the need and the requirements.

7. Contracting Officer (CO) – A federal employee that has been granted the appointment to bind the US Government into contracts by obligating taxpayers’ dollars. – Inherently Governmental function – Education, Certification Levels, Experience, and Recommendation to become a CO – Appointment is in the form of a Warrant (standard form 1402) – The Senior Procurement Executive appoints Contracting Officers – CO has Actual Authority to bind the Government into contracts Contracting Officer duties and responsibilities: – Know, comply, and implement the regulations/statutes of the FAR – Provide excellent customer service to our CORs – Compete requirements, Negotiate, and Award and modify contracts – Determine Fair & Reasonable price – Award to a contractor who is deemed to be Responsive & Responsible Roles & Responsibilities of CO 6

8. Contracting Officer’s Representative – The federal employee responsible for the technical direction of the contract (PO/COR/COTR). Writes the SOW, expert in the product or service being procured, cannot award or modify contracts. Reviews monthly reports, inspects product, and works closely with the CO. Reviews invoices. Monitors Cost, Schedule, & Performance. Illegal action by CO and COR – CO may not violate the Anti-Deficiency Act; meaning (1a) the CO may not spend money that was not allocated for a specific product or service or (1b) may not spend more than the amount of money allocated. (2) CO may not take a bribe of any monetary value. – COR cannot make a constructive change to the contract; meaning the COR cannot change the terms and conditions of the contract to increase the scope of work, increase the price, or change the delivery schedule. May result in a ratification of the unauthorized commitment. May lead to disciplinary action and could result in the COR being held financially responsible. Roles & Responsibilities of COR 7

9. Dollar Amounts: $3k Micro, $25k Competition, $150k S.A.T. Definition of a Contract – A mutually-binding legal relationship obligating the “seller” (contractor) to furnish supplies or services and the “buyer” (Government) to pay for them. Contract Types – Firm-Fixed Price (FFP) – The price is fixed, contractor guarantees performance of the contracted work as a condition for being paid. – Cost Reimbursement (CR) – The contractor is paid up to a ceiling for all allowable costs. The contractor must put forth its best efforts in performing all work under the contract. – IDIQ (Indefinite Delivery/Indefinite Quantity) – The government’s quantity is unknown at time of award. Award Delivery Orders (DOs) off of the IDIQ. 5 Elements of a Contract: (1) Offer, (2) Acceptance, (3) Competent Parties, (4) Mutual Consideration, (5) Legality of Purpose FAR overview 8

10. Phases of the Acquisition Process Phase I Acquisition Planning Phase II Solicitation / RFP Phase III Contract Administration Takes an Average of 7–9 months for Phases I & II

11. 1 Determine a Need Identify service/product desired 2Assemble Acquisition Team COR, CO, CS, AO, OGC, program team 3Draft Statement of Work Salient Characteristics Deliverables Delivery Schedule Special Requirements, Mandatory & Standard Evaluation Criteria Technical Proposal Instructions 4Develop an Acquisition Plan (AP) Identify Sources Conduct Market Research Construct IGCE Availability of Commercial Item Competition Method (RFP) Select contract type (FP/CR) Select TEP members Other issues (warranty/options) 5Meet with Acquisition Team to review Draft SOW & Draft AP Make corrections 6Finalize SOW & Acquisition Plan 7Present Final SOW and Final AP to the Contracting Officer Phases of Acquisition Process 1Draft and Post Final Synopsis FedBizOpps.gov 2CO drafts and finalizes RFP for internal review 3Post Solicitation/RFP (request for proposal) FedBizOpps.gov 4Answer Questions submitted by Potential Offerors 5All Communication goes through the Contracting Officer 6Amend solicitation/RFP 7Receive & Record Proposals 8Distribute Proposals to TEP Team 9CO reviews business proposals and begins cost and price analysis 10Hold TEP Score Proposals to evaluation criteria Develop technical score Vote acceptable/Unacceptable TEP report to CO 11Determine Competitive Range 12Submit Questions to Offerors in Competitive Range. Notify those excluded. May conduct debriefings. 13Review Answers to Questions 14Negotiate, win-win solution 15Might need a revised proposal 16Request and Receive Final Proposal Revisions (FPR) 17Make a Source Selection 18Award Contract 1Copy of Contract to Contracting Officer Representative (COR) Highlight PO duties 2Post Award Kick-Off Meeting 3Read & Review Monthly Progress Reports 4Inspect and Accept Product or Service 5COR reports issues/concerns/problems to Contracting Officer 6Execute Contract Modifications Unilateral or Bilateral Exercise options 7Review & Approve Invoices 8Maintain Deliverables of Contractor 9Perform Site-visits to Contractor 10Perform Annual Evaluation of Contractor’s Performance 11Assist in Contract Closeout *On average Contracts have a period of performance of 5 years *Some have 1 base year + up to 4 option years (could have between 2–5 years total) Acquisition Planning RFP/Solicitation Contract Administration

12. 11 Contracts vs. Grants Contract – For the sole purpose of supporting the Government – Solicitation: RFQ, IFB, RFP – Results in a: Quote, Bid, Proposal – Heavy Government oversight, interaction, and coordination – Procurement mechanism Grant – For the sole purpose of supporting the Public – Solicitation: FOA, RFA – Results in an: Application – Limited Government oversight, interaction, and coordination – Financial assistance mechanism