Conditions: You are assigned as a Contingency Contracting Officer (CCO) and have access to current acquisition regulations, local procedures, and required automation and office supplies. You have been assigned the task to develop a construction solicitation.
Standards: Using the Department of Defense (DoD) Standard Procurement System (SPS)/Procurement Desktop Defense (PD2) develop a construction solicitation with all applicable clauses, attachments, and other pertinent information ready for Peer Review to meet established suspense dates.
Performance Steps:
NOTE: Use Construction Specifications Institute (CSI) format in PD2 when building the construction solicitation.
1. Establish a folder to organize documents IAW with ENG Form 3726 (Official Contract Record Checklist – Pre-Award).
NOTE: A-E and construction actions use the ENG Form 3726 as the official contract checklist. For supply and service contracts use the Army Official Contract Checklist. See reference material for copies of the checklists. [NOTE: USACE is in the process of creating specific file checklists for A-E,
Construction, Supply and Service, as well as others. When these are issued, they shall be used.]
2. Receive Plans and Specifications. Project Manager (PM) / Requiring Activity provides the Contracting Officer (KO) with a complete Statement of Work (SOW) and any associated technical requirements or specifications/drawings associated with the project.
3. Receive certified Purchase Request and Commitment (PR&C), through the Corps of Engineers Financial Management System (CEFMS), which covers the Government’s independent estimate of construction cost. Check with Resource Manager (RM) / J-8 to ensure receipt of proper type of funding.
NOTE: In some cases, a “Planning” PR&C, either $0 or $1, may be provided to establish the solicitation.
In these cases, add the following statement: “Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are available.” Evidence of available funds from the customer Resource Manager (RM) and/or authority to advertise must be provided to ensure that funds are available (Code A). This typically occurs with MILCON projects. Complete funding for the project must be received prior to award.
4. Perform automated or manual interface between CEFMS and SPS/PD2.
NOTE: The best practice is to use the PR&C which has been “pushed across” from CEFMS to SPS/PD2. In exceptional cases a PR&C can be manually loaded into SPS/PD2 and approved. However, this will not allow the PR&C to be married up with the CEFMS PR&C later.
NOTE: Ensure your line items identify an amount so the total value of the PR&C will establish a value within your Magnitude of Construction and will facilitate auto clause selection.
5. Build your Solicitation document in SPS/ PD2.
NOTE: Periodically save your document in case the system or your computer has challenges, then you won’t have to start over.
Chapter 2, p 48
NOTE: Following is a general guide for the required steps to create a construction solicitation in SPS/
PD2. Be sure to check for any local procedures to ensure that your solicitation is complete and compliant with local policy.
a. Select Procurement b. Select Pre-Award/Award c. Select Solicitations
d. Select Construction Solicitation (SF1442)
e. Start your auto clause selection by identifying the specific characteristics or your requirement and method of acquisition: Full and Open unrestricted; set a-side for a specific socio-economic program or Section 886 (DFARS 225.77) for Iraq and Afghanistan; IFB or RFP; LD’s, Warranties, etc.
NOTE: Using the auto clause selection in SPS/PD2 will not provide all of the required clauses. The contract specialist will need to manually check to ensure all of the appropriate clauses have been selected.
NOTE: Overseas, a Section 886 restricted competition is treated as “unrestricted” because SPS/PD2 will not recognize a limited competition pursuant to Section 886.
f. Fill-in applicable information on the SF 1442 (front and back page) g. Ensure all required data is input into the line items.
h. Ensure all fill-in clauses are completed.
i. Ensure clauses are located in the appropriate section and not duplicated or omitted.
j. If additional information is required (non-clause) ensure it is include as (add text) in a Word document. Do Not try to attach a .pdf file (you can), but you will regret it the very next time you attempt to open your document (extremely slow).
k. Ensure fill-in data in your clauses (if provided in other locations – e.g., performance period located on the front page of the SF1442 is the same as your clause or you can state “see Section 00800.”
l. Add Text for Attachments:
1) Wage Determination, Davis Bacon and/or Service Contract Act (if applicable) 2) List amendments to the solicitation as they are issued.
3) Technical data not included in the solicitation technical provisions.
NOTE: Theater Business Clearance (TBC) is required for acquisitions conducted for performance in Iraq and Afghanistan. Specific theater-unique clauses are required and may be located in the TBC Contracting Officer Guide at the CENTCOM website.
4) Small Business Subcontracting Plan (sample – if unrestricted)
m. If feasible and available in a word document (Add Text) include Technical Provisions/
Specifications.
6. Select appropriate clauses for CONUS or OCONUS requirements.
NOTE: Specify in solicitations that offerors must submit offers in the English language and in U.S. dollars (see 52.214-34, Submission of Offers in the English Language, and 52.214-35, Submission of Offers in U.S. Currency, or paragraph I(5) of 52.215-1, Instruction to Offerors–Competitive Acquisitions);
7. Prepare your solicitation package for Peer Review.
NOTE: See Task 2-8, Conduct Solicitation Peer Review
Evaluation Preparation and Guidance: Setup: Given a written scope of work from the requiring activity, a certified PR&C, and input from the PM and other PDT members develop a Construction Solicitation using SPS/PD2.
Performance Measures: GO NO-GO
1. Developed a complete construction solicitation in SPS/ PD2 _____ ______
2. Obtained Legal and KO approval of solicitation _____ ______
References: (See DVD for References)
Open the NCO Contracting website at https://kme.usace.army.mil/CoPs/Contracting/default.aspx.
Accessing this site first will allow the hyperlinks to open.
1. Army Contract File Checklist (PARC Policy Alert #09-33) 2. CENTCOM Website
3. Contracting Officer’s Guide to TBC 4. DBA Brief 09 (Defense Base Act) 5. DBA Insurance Questions and Answers 6. DBA Training to JCC-IA
7. DFARS 225.77, Acquisitions in Support of Operations in Iraq or Afghanistan 8. EFARS 4-802, Contract Files
9. EFARS 22.407, Contract Clauses
10. Email FW INFOACTION NCO Guidance on Construction Contract Bonding – CENTCOM AOR 11. ENG Form 3726, Official Contract Record Checklist – Pre Award
12. ENG Form 3726-1, Official Contract Record Checklist – Contract
13. ENG Form 3726-2, Official Contract Record Checklist – Contract Modification/Delivery Order 14. FAR 22.404 / DFARS Part 22.404, Davis Bacon Act Wage Determinations
15. FAR 28.1 / DFARS 228.1 / AFARS Part 5128.1, Bid Guarantees
Chapter 2, p 50
16. FAR 36.2 /DFARS 236.2 /AFARS 5136.2 /EFARS Part 36.2, Special Aspects of Contracting for Construction
17. FAR and DFARS Dollar Thresholds 18 NOV 2010 18. GRD 09-02 Sons of Iraq
19. GRD 09-03 Liquidated Damages 20. GRD 09-04 Advertising
21. GRD 09-16 SPS 22. IWOB Preference 23. JCCIA SPS Checklist
24. PIL 2011-05 USACE Defense Base Act Program FY11 25. Solicitations and Auto Clause Selection
26. SOP-01 Pre-Award Scheduling System (PASS) 27. SPS Tips, Hints and Tricks
28. Theater Business Clearance (TBC) website
Task 2-9