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USMC MC Field Contracting Systems
MARINE CORPS INSTALLATIONS COMMAND
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Welcoming Remarks Breaks Facilities Lunch Questions/Remarks
Feedback & Critiques Please complete to improve class
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COURSE OVERVIEW MCICOM Organization and Mission Acquisition Roadmap
Requirements Definition The Procurement Package Procurement Process Contract Solicitation (Pre-Award) Contract Execution (Award) Contract Administration (Post-Award) Miscellaneous Actions
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Part I MCICOM Organization and Mission
How does a commander create an environment that delivers the contracting officer the ability to independently exercise sound, unbiased judgment and contract oversight in his contracting mission? Using this same scenario – Through a commander’s leadership philosophy they rely on their functional experts to provide advice and counsel. With that, a contracting officer would advise confidently without the threat of repercussions explaining: That the Navy has this responsibility through Title 10 of the United States Code responsibilities. MCICOM contracting authority is only for “in-garrison” support requirements and buying a ship is not. Provide and recommend engagement and identification with those functional areas responsible with providing support outside of their contract authority. What it does not include is command influence, such as: Example: Let’s say a supported command is requesting support for a supply or service that they do not rate – A Marine Expeditionary Force (MEF) wants their own ship because the Navy is too slow in driving Marines to the fight. The MEF says – This is what my general wants and he’s going to call your general to make sure you get it for us…. What does a commander do? Commanders rely on their functional experts to assist in carrying out his mission lawfully, so he brings in his Directors for expert advice and counsel. Directors provide expert advice and counsel (.ie.,/ -- this is not a requirement that can be supported because the Navy is tasked with providing Marines transportation when they go on floats/deployments) BUT should also advise/recommend where to obtain support for commander to deliberate and/or provide to the MEF commander. Commander’s understand their authority and scope and anything outside would be unlawful. Therefore, would not direct the director of contracting to proceed to buy the ship because he works for him.
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Command vs Contracting Authority
COMMAND AUTHORITY is the right to direct personnel with a lawful order. Explanation: Commander, MCICOM has this functional responsibility of contracting tasked within his mission statement to provide a contracting capability equipped, manned and trained to provide effective contracting support to the operating forces, tenants and activities on his installation. Through this command authority the directors of a contracting organization (headquarters and regional commands, MCINCR, MCIEAST, MCIWEST, and MCIPAC) are all directly responsible to their commanders to enforce and carry-out the installation’s contracting mission support effectively through (per MCICOM mission): Leadership – By enforcing commander’s intent, leadership philosophy, and strategic plan/campaign plan (these are where commander’s priorities are outlined) Developing policy, performance standard and best practices – i.e., local policy and processes for obtaining contracting support that works with the other functional areas to provide the commander with transparency on his people, property, health and welfare. Program management for developing and training our contracting workforce – Formal advocacy to ensure MCICOM is developing future leaders (military and civilian), that they have the right skills, right-size manpower to execute effective installation contracting support. Within I&L, the Contracts Division (LB) further delegates CONTRACTING AUTHORITY through the Marine Corps Field Contracting System (MCFCS) which is broken down by the OPFORs and SE. (CAN BE BRIEFLY BROKEN DOWN FOR SITUATIONAL AWARENESS ONLY) Operating Forces – MLGs (for exercises and operations only, i.e. once a unit leaves their home station/garrison); mission is to replicate the RCO capability in an expeditionary environment. made up of the Contingency Contracting Force (Marines – officers and enlisted) 2. Supporting Establishment – MCIs and their satellite office locations, MCRD, MARFORRES, and LOGCOM MCI and their satellites provide supplies and services to support installations and logistics requirements/needs in garrison MCRD Parris Island, 29 Palms and Bridgeport provides the same type of support as the MCI, difference is the command structure and supported activities under the command structure, i.e., I&Ls and training commands MARFORRES – same as above single office in New Orleans providing installation contracting support to area and tenants LOGCOM – includes Marine Depot Maintenance Center, Plant Albany and Plant Barstow and support assigned requirements from MARCORSYSCOM and other DoD activities to include: Provide support as tasked to Marine Corps’ contingency contracting operations. Provide assistance to customers in developing requirements and business strategies to acquire them. Perform the full range of planning, execution and administration of contractual actions to secure timely and successful delivery or performance. Exercise functional oversight of contracting operations at Blount Island Command.
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MCICOM CONTRACTING HIERARCHY
In the same manner as command authority flowing down from a higher authority the Marine Corps contracting authority flows from the Assistant Secretary of the Navy (Research, Development & Acquisition) (ASN(RDA)), who further delegates contracting authority within DON through the appointment of Head of the Contracting Activity (HCA). Of the TEN within the DON, the Marine Corps has TWO: Deputy Commandant, Installations and Logistics (DC, I&L) who: further delegated most of the contracting authority to the Assistant Deputy Commandant, Installation & Logistics (Contracts) (ADC, I&L (Contracts)). With the exception of those actions reserved or retained specifically for HCA approval. Awarding and administering supplies and services for installation, in-garrison and logistical requirements Commander, Marine Corps Systems Command (MARCORSYSCOM) responsible for: awarding and administering contracts for assigned Marine Corps programs, assigned IT systems programs or components, and relevant professional, research and engineering services, except for naval aviation programs. ASN(RD&A) delegates contracting authority to USMC. DC, I&L as the Head of the Contracting Activity delegates responsibility to ADC, I&L (Contracts) who further delegates authority to the MCICOM RCOs. The chart above depicts the MCICOM Contracting Hierarchy and approval thresholds IAW the Marine Corps Acquisition Policy and Procedures (MAPP). The MCICOM Contracting Office has approval authority for actions greater than $10M but less than $25M.
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MCICOM Contracts Mission
Mission: To facilitate and provide contracting support to the USMC through the respective MCICOM contracting offices in support of the operating forces, tenants, and activities with strategic focus areas in: Contract Administration Contract Execution Contract Oversight & Strategic Planning
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MCICOM Contracts Mission
Contract Administration Administration of the Regional Garrison Food Service Contract (RGFSC) Contract Execution: Support contract execution across the MCICOM Regions Enterprise-wide RGFSC re-compete Enterprise level contracts Primary execution office for certain HQ activities located at the Pentagon. Augment as necessary contract execution support to the 24 MCICOM bases and stations and other critical organizations to include HQMC, MCCDC, CD&I, TECOM, MCRC, C4, MARFORCYBER, and MEF MSCs for in garrison requirements. Primary Execution support for HQ Activities Funding UICs P&R (M00085) PP&O (M00090) I&L (M00088) MCICOM (M95494)
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MCICOM Contracts Mission
Contract Oversight & Strategic Planning: Review and approve procurement documents from MCICOM Regional Contracting Office (RCO) locations. Facilitate communication between RCOs, customers, and HQMC I&L, Contracts (LB) Provide self-assessment of MCICOM RCOs - an internal control procedure Conduct strategic planning to improve contracting support at the RCOs Facilitate procurement planning to develop realistic and timely strategies to meet customer needs Identify and pursue enterprise-wide contracting solutions Standardize processes across MCICOM to increase efficiencies and effectively support customers – derived from a DoD strategy to focus internally on quality assurance efforts in acquisitions.
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MCI (INSERT) REGIONAL CONTRACTING OFFICE
Each MCI Commander is responsible for providing (within their logistical/functional responsibilities) support to their installations tenants. Contracting Offices provide the “contracting capability support” on behalf of the MCI Commander. Installation Activities - a unit, agency, office, or section of the MCICOM, i.e., its staff offices and major functional areas, MCB (its battalions and companies). Tenant - a unit, agency, or activity of one command that occupies facilities on the installation of another command and receives support services from that installation commander. Operating Forces as tenant activities (while in an operating environment, they are supported by Operational Contracting Support (OCS) cells). MARFORs MEFs MLGs DIVs MAWs (Marine Air Wings) Other tenant activities: MCTSSA (MarCorSysCom) TECOM - For supported TECOM units this speaks to MCCDC Twentynine Palms, MCRD Parris Island and MWTC Bridgeport May include non-Marine Corps tenants - i.e., Navy Hospitals.
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Web Pages & Resources HQMC I&L, Contracting Knowledge Portal (CKP) MCICOM RCO Web Pages: COM HQ: NCR: WEST: EAST: PACIFIC: Butler : Hawaii:
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Customer Desk Guides
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Questions
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Part II ACQUISITION Roadmap
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Regulation-Based Environment
The Federal Acquisition Regulation (FAR) Chapter 1, Title 48 of the Code of Federal Regulations. The DoD FAR Supplement (DFARS) Navy Marine Corps Acquisition Regulation Supplement (NMCARS). Specific to the Head of Contracting Activity (HCA) for Marine Corps I&L is the Marine Corps Acquisition Policy and Procedures (MAPP). Memos Under Secretary of Defense for Acquisition, Technology, and Logistics (OUSD, AT&L) Deputy Assistant Secretary of the Navy Acquisition & Procurement (DASN(AP)) The Regulation-Based Federal Procurement Environment The size of the regulations that govern the Federal and in turn DoD contracting processes is legendary. A full understanding of DoD contracting requires having a sense of the various requirements, procedures, guidelines and forms that contracting officers must work with daily as they attempt to meet their customers' requirements. The Federal Acquisition Regulation (FAR) governs the federal procurement process, while the DoD supplement to the FAR (the DFARS) provides guidance specifically for the DoD environment. The FAR consists of 53 "parts," and the DFARS supplements 47 of those parts. The military departments and agencies in turn provide their own supplements. The Navy Marine Corps Acquisition Regulation Supplement (NMCARS) further supplements the FAR and DFARS for all Navy and Marine Corps Acquisition and Contracting Activities. The Under Secretary of Defense for Acquisition, Technology, and Logistics (OUSD, AT&L) & the Deputy Assistant Secretary of the Navy Acquisition & Procurement (DASN(AP)) further issue various memos for immediate implementation. So you can see, buying for the government is a bit more complex than a shopping trip to your neighborhood supermarket!
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Statutes FASA: Federal Acquisition Streamlining Act.
CICA: Competition in Contracting Act. SCA: Service Contract Act. SBA: Small Business Act. JWOD: Javits Wagner O’Day Act. DBA: Davis Bacon Act. FARA: Federal Acquisition Reform Act. Procurement Integrity Act. It should be noted that federal procurement legislation passed during the 1990s--notably the Federal Acquisition Streamlining Act of 1994 (FASA) and Federal Acquisition Reform Act of 1996 FARA) -- helped to reverse the trend of increasing procurement regulations, and signaled a shift towards empowering contracting officers with the ability to exercise good business judgement rather than strictly follow regulations that provided little flexibility during the contracting process.
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SYNOPSIS & SOLICITATION
Federal Acquisition Process Road Map REQUIREMENTS DETERMINATION Beginning stages of planning / initial market research ACQUISITION PLANNING Form Integrated Product Team (IPT) & continued market research SYNOPSIS & SOLICITATION RCO receives fully completed requirement package, synopsizes and advertises SOURCE SELECTION Receive, review and evaluate proposals, conduct negotiations CONTRACT AWARD CONTRACT PERFORMANCE Contract administration during the life of the contract, interim Contractor Performance Assessment Reporting System (CPARS) CONTRACT CLOSEOUT Final CPARS & final payment
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REQUIREMENTS DETERMINATION
What can I do? (Market research) Prior to submission of a requirement. Internet searches, catalog reviews. Ask other similar mission partners. Inquire as to industry capabilities. Ask for quotes, terms and conditions BUT do not promise business. Keep it on a business perspective. Explain that requirements will be sent to the contracting office for competition. After submission of a requirement to a contracting office. Refer all further inquiries and questions to the contracting officer. Market research your requirement. Establish alternatives. Understand ALL potential costs that could be incurred. Identify standard commercial practices that are provided. Do not promise business, be up front that you are researching alternatives. In addition do not allow vendors to get “friendly” - be and remain professional. Once it is submitted to the RCO, we must maintain this professionalism and not show the appearance of favoritism between one vendor over another. In addition, discussing any issues about the requirement could accidentally disclose information that vendors/contractors should not be privy to both during and after the award of a contract.
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ACQUISITION PLANNING The most critical phase of the acquisition process roadmap is ACQUISITION PLANNING. It is during this phase that significant decisions are made which create the path for the entire acquisition. As such, TEAMWORK is the KEYSTONE to achieve timely contract awards and gain support for the life of your requirement.
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Integrated Product Team (IPT)
The Acquisition - Critical Players and Partners Requiring Officials (RO) Contracting Officers (KO) Comptrollers Area Counsel Office (Procurement Attorneys) Small Business Specialists Supply / Logistics Officers (SupO) Other concerned parties(i.e.,:/ IT and Environmental related)
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Requiring Official RO is responsible for the proper exercise of authority; the identification, definition and funding of an official government requirement. These responsibilities are an inherently governmental function. The contracting process begins with a fully ready requirements package. It is the RO’s responsibility to ensure it is complete by submission of a Purchase Request (PR) package. The RO is an active participant in the contracting process and is responsible to the KO for the proper discharge of assigned duties.
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Contracting Officer Is an authorized agent for the Government (fulfills law of agency) A person with the authority to enter into, administer, and terminate contracts and make related determinations and findings. Has fiduciary responsibility (based on trust and confidence) with the Principal (U.S. Government) KOs have “express authority” as outlined in the appointment of their “contracting officer warrant” The body of law that addresses the rights, duties, and related obligations arising from a principal-agent relationship. i.e., when one person acts on behalf of another. Examples: Agent: Legal Guardian / Parent Principle: Minor Child In the act of representing the interests of the child to Third Party: Educational Institutions Agent: KO Principle: Government In the act / performance of entering into business dealings (contracting) with Third Party: Commercial vendor/private party Second / Different Example: Agent: Office of Legal Counsel In the act / performance of representing the Government in legal proceedings with Third Party: court systems
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Contracting Officer cont.
Responsible for protecting the integrity of the contractual agreement Full performance to specifications. Strict compliance to standards Consideration for less-than-full performance. Holds contractor responsible for its failures. Makes certain government obligations are fulfilled. Negotiates contract modifications as necessary. Ensures fair and impartial arbitration for disputes that arise between the parties. Not only does the KO have to make sure that the Contractor does what they are supposed to but also that the government delivers as promised. Especially when government property is involved as well as access to government owned installations/facilities/systems.
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Other Partners Comptrollers
Budget and financial – ensures and provides the proper type of funding for valid requirements. Without funding, there is no requirement. Area Counsel Office (procurement attorneys) Ensures the legal sufficiency of the Government’s actions and positions. The government representative in legal proceedings brought to court (such as protest). Small Business Specialists Supports the Government’s efforts in small business relationships. SupO Conducts screening and technical review of requirements. Supports receipt of supplies and equipment for accountability. Other interested parties Vested interest, has the need to ensure other government requirements and priorities have been addressed.
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SYNOPSIS TO AWARD The actions taken by the contracting office are THE controlling factor on when the process moves from one point to the next in the process roadmap. Although controlled by the contracting office, not the sole responsible party to ensure the process moves to the next step.
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Fundamental Principles
ROs need to take ownership of their requirements. Advocate from cradle to grave. Ensure you know the priority of your requirements from others within your command / organization. Have a general understanding of the different types of contracts available Indefinite Delivery Vehicles (IDV) such as Indefinite Delivery/Indefinite Quantity (IDIQ) Definitive contracts, Cost vs Fixed Price Purchase Orders with options Strategic sourcing
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Fundamental Principles
Provide the supporting RCO with the prioritized list of requirements early in the fiscal year (FY). Service Requirements Review Board (SRRB) results will help to facilitate a few but not all of your requirements. Seldom receive a real required delivery date. Schedule or obtain training early from the RCO on procurement package preparation. Identify supply needs through mandatory sources before looking at obtaining alternatives. With the required Service Requirements Review Board (SRRB) procedures in place, this has provided contracting with the opportunity to get ahead of the requirements process and identify actions in advance. But, this only covers contractual service requirements that are above $150 in combined value. It does not cover supply/equipment or other requirements that an Requiring Official (RO) may have.
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Fundamental Principles
The RO is responsible for the program. The RO and KO are jointly responsible for ensuring that the contract represents a business arrangement that meets the requirements of the program. Appropriate funding must be available before a contract is created (to provide or perform). Otherwise, it becomes a violation of Anti-Deficiency Act (ADA). Duly ”Warranted" contracting officers have exclusive authority to enter into, make changes/modifications or terminate contracts Only the KO or person(s) identified in the contract can give the contractor direction under the terms and conditions of the contract. Understand the contract. The Government and contractor are obligated to do what the contract says. What the contract says is what you will get, but you need to verify that what you get is what the contract requires.
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Questions
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