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 to execute pre-award functions for a construction contract and obtain award of the contract.
Standards: All required pre-award functions were completed accurately and timely and obtained legal sufficiency review and award by the Contracting Officer (KO).
Performance Steps:
1. Gather all necessary documents to create the award:
a. Approved Source Selection Decision Document (SSDD) b. Revised Independent Government Estimate (IGE), if applicable
c. Check Central Contractor Registration (CCR) for contractor registration, print for the file.
d. Ensure On-line Representations and Certifications Application (ORCA) is complete, print for the file
e. Perform final check of the Excluded Parties List System (EPLS)
NOTE: Per PARC/Policy Alert #10-20, the Federal Awardee Performance and Integrity Information System (FAPIIS), is a database that takes data from CPARS, EPLS, and CCR regarding contractor integrity and performance and consolidates it in one location for KOs to use in their responsibility determinations. FAPIIS is a distinct application that is accessed through the Past Performance
Information Retrieval System (PPIRS) and is available to federal acquisition professionals for their use in award and responsibility determinations. FAPIIS provides users access to integrity and performance information from the FAPIIS reporting module in the Contractor Performance Assessment Reporting System (CPARS), proceedings information from the CCR database, and suspension/disbarment
information from the EPLS. Access to FAPIIS is granted when approved for access to either PPIRS-RC or PPIRS-SR.
f. Create appointment letters for Administrative Contracting Officer (ACO), Alternate ACO, Contracting Officer’s Representative (COR), Alternate COR, Property Administrator, etc. Verify that all nominated CORs have met qualification requirements.
g. Funded Purchase Request and Commitment (PR&C) associated Military Interdepartmental Purchase Request (MIPR) with applicable Treasury Account Symbol (TAS) and “Authority to Award”
(Design Directives Code 9).
h. If applicable, obtain current Davis Bacon wage rates (need most current incorporated into the contract at time of award), may need to reopen discussions if wage rates have changed, up to time of award.
i. Obtain proof of Defense Base Act (DBA) Insurance (OCONUS contingency) (required prior to Notice to Proceed (NTP) see Task 3-2.
j. Verify bonding capacity and that the surety will provide performance and payment bonds (if determined applicable). See Task 2-1, “Develop an Acquisition Plan for a Construction Contract.”
Chapter 2, p 70
2. Submit pre-award Theatre Business Clearance (TBC) to CENTCOM. If award is for a project in Iraq or Afghanistan, submit Preaward TBC request to CENTCOM Contracting Command (C3). Follow TBC guidance at CENTCOM website.
3. Conduct Joint Contingency Contracting System (JCCS) Vendor Vetting – Ensure selected contractor is registered in JCCS in order to be eligible for award (similar to CCR) and once registered, offerors and potential awardees are vetted and verify contractor compliance with Synchronized Pre-deployment and Operational Tracker (SPOT) requirements. The vetting process is similar to EPLS, in that only approved vendors are eligible for contract award. See C3 Acquisition Instruction 25.7704-120
“Vendor Vetting (Iraq and Afghanistan)” for more information.
NOTE: Vendor vetting is a process to determine eligibility for contract award for non-U.S. vendors operating in Iraq and Afghanistan. United States Forces – Afghanistan (USFOR-A) FRAGO 10-330 and United States Forces – Iraq (USF-I) FRAGO 0691 establish the requirements and procedures for vendor vetting. Vendor vetting is applicable to all awards of, and options for, any contracts or Blanket Purchase Agreements (BPAs) to all non-US vendors ≥ $100K in Iraq and Afghanistan. Although, not required under
$100K, it is highly recommended that all vendors who want to do business should be submitted for vetting.
NOTE: Contracting Officers can request vetting of all vendors/offerors; vendors/offerors in the
competitive range; or apparently successful vendors/offerors at their discretion. In order to avoid potential delays in contract award due to pending vendor eligibility, contracting officers are encouraged to have the Business Advisor ensure vendor is 100% compliant and submit vendors for vetting as early as possible in the procurement process.
NOTE: The Synchronized Predeployment and Operational Tracker – Enterprise Suite (SPOT-ES) is a joint collection of systems employed for the management, tracking and visibility of federally contracted personnel and their capabilities authorized to accompany U.S. forces overseas. SPOT-ES captures data relating to logistics, operations, planning and reporting of contractor status, and makes it available to government and federal contractor stakeholders. SPOT-ES tracks contract and contractor data in support of CENTCOM, EUCOM, PACOM, AFRICOM, SOCOM, and most recently, SOUTHCOM in support of Haiti relief efforts. As the importance of operational contracting support has grown, SPOT-ES has been incorporated into COCOM exercises worldwide.
4. Perform and document Pre-Award Survey
a. Obtain Banking Information; contact bank to ensure sufficient resources are available
b. Obtain Surety Information; contact bonding agent to inquire about previous defaults, Miller Act claims or any negative comments or adverse actions.
c. Query Past Performance Information Retrieval System (PPIRS) for Construction Contractor Administration Support System (CCASS), and if design/build, Architect-Engineer Contract Administration Support System (ACASS) evaluations if not retrieved during source selection.
NOTE: See Procurement Instruction Letter (PIL) 2011-04, Contractor Performance Assessments for more information.
NOTE: Check local procedures for the format used to document the Pre-Award Survey and Responsibility determination.
NOTE: The responsibility determination may be incorporated into the SSDD but must be easily identified as such and address all elements from FAR technical/ financial capability and ethics.
6. Prepare letters for Unsuccessful Offerors. See Task 3-1 for performance steps.
5. Prepare Congressional Notification (>$6.5M, including options) IAW DFARS 205.303 and AFARS 5105.303, Announcement of contract awards.
6. Prepare Award correspondence:
a. Contract transmittal letter
b. ACO/Alternate ACO Appointment letters c. COR/Alternate COR Appointment letters d. Property Administrator letter
e. Department of Labor Notification Letters, if applicable 7. Check for security issues (refer to local procedures)
8. Incorporate accepted proposal(s) by date into the contract 9. Build the contract in SPS/PD2
10. Create the obligation in the Corps of Engineers Financial Management System (CEFMS) and print obligation screen for KO
NOTE: See references for step-by-step instructions on how to enter an obligation into CEFMS.
11. Print the award documents and properly prepare the contract file for review 12. Obtain KO review, make corrections, and obtain legal sufficiency review 13. Obtain Contract Peer Review, if applicable
14. Ensure Congressional Notification has been made, if required
NOTE: If small business set-aside (SBSA), provide advance notification to all offerors of selected awardee a minimum of 5 days prior to award IAW FAR 15.303(a)(2), Preaward Notices for Small Business Programs, unless waived.
NOTE: This notification does not apply when using authority of DFARS 225.77 to restrict to services from Iraq or Afghanistan.
15. Obtain contract award and recording of obligation in CEFMS
16. Prepare and issue award synopsis IAW FAR 5.3, Synopses of Contract Awards; notify PDT of award
NOTE: Contract awards in excess of the simplified acquisition threshold should be synopsized IAW with FAR 5.301.
17. Transmit contract to contractor, ACO and COR
NOTE: See Task 3-1 for Notification and Debriefing of Unsuccessful Offerors
NOTE: See Task 3-2 for performance steps required immediately after award, but prior to Notice to Proceed (NTP).
Chapter 2, p 72
Evaluation Preparation and Guidance: Setup: Provide the Soldier with any local processes or policy as it relates to contract preparation and award. Review contract preparation steps with the Soldier to ensure ability to complete these tasks. Provide Soldier a scenario with an awarded contract and have them prepare synopsis and Congressional notification.
Performance Measures: GO NO-GO
1. Execute the steps required to prepare a contract for award _____ ______
2. Identify special requirements based on your theater of operations _____ ______
3. Prepare a TBC request for a project to be awarded in Afghanistan _____ ______
4. Create an obligation in CEFMS _____ ______
5. Prepare a Congressional Notification Document _____ ______
6. Prepare and issue an award synopsis _____ ______
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 Index
2. C3 Acquisition Instructions (AI), CENTCOM Contracting Command Acquisition Instructions.
(NOTE: Although the C3 AI’s are not applicable to USACE contracting offices, the reference provides good general situational awareness for Soldiers and KOs.)
3. CCR
4. CEFMS Instructions 5. Contract Award Checklist 6. Contracting Officer Tool Kit
7. Contracting Officer’s Guide for Theater Business Clearance 8. CPARS
9. DFARS 205.303/ AFARS 5105.303, Announcement of contract awards 10. DPAP Memo, Jan 28, 2008, SPOT Implementation Guidance
11. DPAP Memo, Sept 15, 2009, Theater Business Clearance/Contract Administration Delegation (TBC/CAD) Compliance
12. EPLS
13. Email, FW INFOACTION Procurement Instruction Letter (PIL) 2011-04 Contractor Performance Assessments
14. Email, FW INFOACTION Procurement Instruction Letter (PIL) 2011-05 USACE Defense Base Act (DBA) Insurance Program FY11
15. FAPIIS 16. FAPIIS Article
17. FAR 5.3, Synopses of Contract Awards
18. FAR 15.303(a)(2), Preaward Notices for Small Business Programs 19. FAR and DFARS Dollar Thresholds 18 NOV 2010
20. FY11 PROSPECT 366 Construction Contract Administration Student Manual 21. GRD-09-05 Contract Files and Reviews (Rev 2 Oct 09)
22. GRD-09-15 JCC-I Awards
23. GRD-09-16 SPS (with “How To” attachments 1-4) 24. Iraq-Afghanistan TBC Guide
25. JCCIA PCO Checklist 26. JCCIA SPS Checklist .
27. Joint Contingency Contracting System (JCCS) Vendor Vetting 28. ORCA
29. PASS (Afghanistan pre-award tracking system)
NOTE: PASS is the system used by PM down range in lieu of P2. Send an email to [email protected] to request a user ID and password.
30. PIL 2007-06 Distribution of Contract Materials that are Sensitive 31. PIL 2008-05 Synchronized Predeployment Operational Tasker (SPOT) 32. PIL 2008-10-2 Contracting Officer’s Representative Training
33. PIL 2009-08 Public Disclosure of Justification and Approval Documents 34. PIL 2009-11 Upward Reporting of After-the-Fact J and As
35. PIL 2011-02 Appointment of Contracting Officer’s Representatives 36. PIL 2011-04 Contractor Performance Assessments
37. PIL 2011-05 USACE DBA Insurance Program 38. PPIRS
Chapter 2, p 74 39. RPM 09-03, Posting Sole Source Documents
40. Sample Award Letter
41. Sample Contract Award Notification 42. Sample New Award Letter
43. Sample Price Reasonableness Form 44. Sample SPOT Compliance Letter
45. SOP-01 Pre-Award Scheduling System (PASS) 46. SOP-02 Contract Award Notifications
47. SOP-03 Contract Distribution 48. SOP-04 TBC SPOT
49. SPS Tips, Hints and Tricks
50. Synchronized Pre-deployment and Operational Tracker (SPOT)
51. Synchronized Predeployment and Operational Tracker – Enterprise Suite (SPOT-ES) 52. TBC SOP Document
53. Template Letter for COR Appointment 54. Template Letter for ACOR Appointment 55. Theatre Business Clearance
Task 2-15