COMFISCS BUYER’S DESK GUIDE

Updated: February 2008

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Table of ContentsPreface....................................................................................................................3Phase 1: The Customer and the Purchase Request.................................................3

1.1 Who is the Customer? What is our Role?.........................................................................................................31.2 FISC Contracting Customer Service Standards................................................................................................3

NAVSUP Cycle Time Goal................................................................................................................................31.3 Receipt of Purchase Request.............................................................................................................................31.4 Contacting Customers for Information.............................................................................................................3

Phase 2: Requirement Screening & Required Government Sources......................3Phase 3: Market Research.......................................................................................3Phase 4: Purchasing Methods and Awards.............................................................3

4.1 Purchasing from Required Government Sources..............................................................................................3Federal Prison Industries/UNICOR....................................................................................................................3NIB/NISH (JWOD)............................................................................................................................................3Federal Supply Schedules...................................................................................................................................3

4.2 Open Market Procedures...................................................................................................................................3Market Research.................................................................................................................................................3Commercial Determination.................................................................................................................................34.2.1 Pre-Solicitation Considerations.................................................................................................................3Sole Source Acquisitions....................................................................................................................................3Total Small Business Set-Aside..........................................................................................................................3Service Contract Act (SCA)................................................................................................................................3Buy American Act..............................................................................................................................................3North American Free Trade Agreement (NAFTA)............................................................................................3Lease vs. Purchase Analysis...............................................................................................................................34.2.2 Posting and Synopsis Requirements..........................................................................................................34.2.3 Solicitation Procedures..............................................................................................................................3

4.3 Award Considerations.......................................................................................................................................3Adequate Competition and Price Reasonableness..............................................................................................3Contractor Responsibility Determination...........................................................................................................3

4.4 Award................................................................................................................................................................34.5 Common Use Clauses.......................................................................................................................................34.6 Award Document Quick Audit Checklists.......................................................................................................3

Phase 5: Procurement Administration....................................................................35.1 Contract Administration....................................................................................................................................35.2 Contract Reporting............................................................................................................................................3

5.2.1 DD350 Quick Audit Checklist.................................................................Error! Bookmark not defined.Enclosures.............................................................................................................29

(1) Simplified Acquisition/Federal Supply Schedule Award Documentation....................................................3 (2) Open Market Procedures ……………………………………………………………………………….30

(3) Sole Source Documentation..........................................................................................................................3(4) Justification and Approval For Sole Source Procurement............................................................................3(5) Foreign Source Restrictions by Dollar Value...............................................................................................3(6) Combined Synopsis/Solicitation...................................................................................................................3(7) Oral Solicitation Documentation Form.........................................................................................................3(8) Useful Reference Websites...........................................................................................................................3(9) SAP Process Checklist..................................................................................................................................3

Buy American…………………………………………………………………..46 (1) Bearing Matrix…..……………………………………………………………………………………….46

(2) Foreign Source Restriction……………………………………………………………………………….47(3) Foreign Source Restriction by Value. ……..……………………………………………………………..49

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(4) Qualifying Country Determination and Findings….……………………………………………………..53(5) Authority Under the Buy American Act …………………………………………………………………52(6) Authority Under the Balance of Payment Program. ……..………………………………………………53(7) Authority Under the Trade Agreement Act………………….……………………………………………54(8) Buy American Matrix ……………………………………….……………………………………………57(9) Special Attention List …………………………………………………………………………………….58

WORKSHEETS………………………………………………………………..60(1) Worksheet Under $3000……………………………………………………………………………….…60(2) Total Small Business Set-Aside ………………………………………………………………………….61

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Preface

This guide is intended to assist contract specialists/purchasing agents (hereafter known as buyers) in awarding contracts to required government sources or to commercial sources using simplified acquisition procedures, including the use of the Test Program for certain Commercial Items to $6.5 Million. The guide is written in a five-phased format that begins at the receipt of purchase request and follows the purchase request to award and finally administration. It will also provide a process overview, standard documentation instructions and samples, and other visual aids to assist in the procurement process. This guide is not intended to replace Federal, DOD, or other Navy regulations or guidance, and should be read in consonance with all applicable references.

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Phase 1: The Customer and the Purchase Request

1.1 Who is the Customer? What is our Role? We are the Fleet and Industrial Supply Center, which provides logistics, business and support services to, our customers, the operational and support units of the fleet, shore, depot, shipyard, refit facility and industrial commands of the Navy, Coast Guard, Military Sealift Command, and other Joint and Allied Forces.

The specific role of the Regional Contracts Department is to provide a wide range of acquisition related supplies and services, including business advice, strategic solutions, contract administration, market analysis, acquisition training, procurement guidance and assistance, and procurement oversight.

1.2 FISC Contracting Customer Service Standards

When our customers do business with the Fleet and Industrial Supply Center Regional Contracts Department, they are dealing with world class, DAWIA certified contracting professionals who are dedicated to meeting their contracting needs. Our bottom line is service that meets or exceeds their needs and provides best value goods and services. They should expect the following:

Personnel The name and phone number of a FISC Regional Contracts Department associate to

facilitate processing of their requirement

Standard hours of operation are 0730 - 1630 (hours may vary by locations).

Same day responses to requests for status and other information... responses to voice mail message daily.

On Time Delivery Prompt contract administration to secure on-time deliveries

Use past performance data to ensure quality goods and services on-time

If the required delivery date isn't possible, we'll notify the customer of the best delivery we are able to obtain so they may plan accordingly.

Courteous Service All of the time.

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NAVSUP Cycle Time Goal

The NAVSUP goal is to process routine purchase requests within the specified cycle times indicated below:

Requirements < $25K 20 Days

Requirements $25K to $150K 30 DaysRequirements > $150K Per milestones established by Buyer and Customer

Buyers shall make every effort to award requirements within cycle time. Customers shall be notified when circumstances prevent award within established timeframes. This should be done via email or fax, confirming receipt.

1.3 Receipt of Purchase Request

Once our customers initiate their requirements, they formally communicate them by submitting purchase requests. Since communication with our customers is essential to successfully meeting their requirements, it is important to communicate our receipt of their purchase requests.

1.4 Contacting Customers for Information

In the event further information is required from the customer to process the requirement, contact the point of contact identified on the purchase request. The following plan will apply to all requests for information. This plan provides the buyer and the customer established periods for obtaining necessary information. This will ensure that Fleet and Industrial Supply Center has sufficient time to support all customers without spending undue time on unnecessary calls.

Step One: Buyer reviews requisition on date received. If requisition contains incomplete or inadequate information, buyer notifies customer and requests additional information that is needed. Notify the customer via phone and fax or email. This ensures the customer receives the notification and provides you with added support.

Step Two: Two (2) working days later if the information is still not received, the buyer again requests the information that is needed from the customer. Repeat the same notification process in Step One.

Step Three: Two (2) working days after the Step Two follow-up. If the Customer still has not provided required information, cancel the requisition and send all documentation back to customer. Confirm the customer receives notice of the cancellation and document to the file.

Note: A Team Lead or Supervisor must approve all cancellations.

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Phase 2: Requirements Screening & Required Government Sources

Ref: FAR Part 8, DFARS 208.6, FAR 13.003

New requirements, once accepted must be screened for availability through government sources. Except as required by FAR 8.003 or otherwise provided by law or other regulation, agencies shall satisfy requirements for supplies and services from or through the sources and publications listed below in descending order of priority.

Supplies Agency inventories Excess from other agencies FPI/UNICOR JWOD (NIB/NISH) *Wholesale supply sources (such as stock programs of the General Services

Administration, the Defense Logistics Agency, the Department of Veterans Affairs, and military inventory control points

Mandatory FSS Optional Use FSS Other Contracts - IDTC

*As a general rule, the customer will screen wholesale supply sources as they screen agency inventories. However, this does not relieve the buyer of the responsibility of ensuring that the customer has considered the various stock points.

Services JWOD (NIB/NISH) Mandatory FSS Optional Use FSS FPI/UNICOR Other Contracts - IDTC

Website links used for requirements screening UNICOR: www.unicor.gov NIB: www.nib.org NISH: www.nish.org JWOD: www.jwod.org / www.jwod.com for online ordering GSA: www.gsa.gov / www.gsaadvantage.gov

The Simplified Acquisition/Federal Supply Schedule Award Documentation Record, Enclosure (1), shall be used to document screening for required sources.

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Phase 3: Market Research

Ref: FAR Part 10, DFARS Part 210

Once a requirement has been screened, buyers will be able to determine if purchasing from required government sources or via open market can satisfy the requirement. This in turn determines the market research required to complete the buy. Market research is conducted to determine if commercial items or non-developmental items are available to meet the Government's needs or could be modified to meet the Government's needs. The extent of market research will vary, depending on such factors as urgency, estimated dollar value, complexity, and past experience. Market research involves obtaining information specific to the item being acquired and should include:

Whether the Government's needs can be met by Items of a type customarily available in the commercial marketplace Items of a type customarily available in the commercial marketplace with

modifications Items used exclusively for governmental purposes

Customary practices regarding customizing, modifying or tailoring of items to meet customer needs and associated costs

Reveal customary practices (i.e. warranty, financing, discounts, etc) Any laws and regulations unique to the item being acquired Investigate past performance Identify size and status of potential sources.

Techniques for conducting market research may include any or all of the following

Contacting knowledgeable individuals Previous market research of similar or identical requirements

(Buyer’s Tip: use PD2 search function to find historical data) Querying Government data bases Internet research Obtaining source lists Contractor catalogs Telephone books

Document the results of market research in a manner appropriate to the size and complexity of the acquisition. Enclosure (1), Simplified Acquisition/Federal Supply Schedule Award Documentation Record may be used to document the results of Market Research. All market research conducted will become a permanent part of each contract.

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Phase 4: Purchasing Methods and Awards

4.1 Purchasing from Required Government Sources

The following paragraphs will assist buyers in purchasing from a required government source should requirements screening and market research indicate that required government sources might be able to satisfy the requirement. Each section explains both the process and regulations governing each required source.

Federal Prison Industries/UNICOR

Ref: FAR 8.6, DFARS 208.6

Before purchasing a product listed in the FPI Schedule, the customer and/or buyer shall conduct market research to determine whether the FPI product is comparable to products available from the private sector that best meet the Government’s needs in terms of price, quality, and time of delivery (10 U.S.C. 2410n). This is a unilateral determination made at the discretion of the contracting officer. Arbitration provisions of 18 U.S.C. 4124(b) does not apply.

Prepare a written determination that includes supporting rationale explaining the assessment of price, quality, and time of delivery, based on the results of market research comparing FPI products to those available from the private sector.

If the FPI product is comparable, purchase the item from FPI following the ordering procedures at http://www.unicor.gov, unless a waiver is obtained in accordance with FAR 8.604.

If the FPI product is not comparable in one or more of the areas of price, quality, and time of delivery—

Acquire the item using— Competitive procedures (e.g., the procedures of 6.102, the set-aside procedures in

FAR 19.5, or competition conducted in accordance with FAR Part 13; or The fair opportunity procedures in FAR 16.505, if placing an order under a

multiple award task or delivery order contract. Include FPI in the solicitation process and consider a timely offer from FPI for

award in accordance with the requirements and evaluation factors in the solicitation, including solicitations issued using small business set-aside procedures; and

When using a multiple award schedule issued under the procedures of FAR Subpart 8.4— Establish and communicate to FPI the requirements and evaluation factors that will be

used as the basis for selecting a source, so that an offer from FPI can be evaluated on the same basis as the schedule holder; and

Consider a timely offer from FPI. The procedures above do not apply if an exception in FAR 8.605 applies and the purchase is

made from a source other than FPI.

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See FAR 8.604 and 8.605 for further information on Waivers and Exceptions.

Orders shall be placed using a DD Form 1155, with an “F” in the 9th position of the PIIN.

NIB/NISH (JWOD)

Ref: FAR 8.7, DFARS 208.7

Ordering: Ordering offices shall obtain supplies and services on the Procurement List from the central nonprofit agency or its designated JWOD participating nonprofit agencies, except that supplies identified on the Procurement List as available from DLA, GSA, or VA supply distribution facilities shall be obtained through DLA, GSA, or VA procedures. If a distribution facility cannot provide the supplies, it shall inform the ordering office, which shall then order from the JWOD participate nonprofit agency designated by the Committee. For services obtained from the NIB/NISH agency, coordinate with the NIB/NISH Office for the Region.

Orders shall be placed using a DD Form 1155, with an “F” in the 9th position of the PIIN.

Waivers/Exceptions : Ordering offices may acquire supplies or services on the Procurement List from commercial sources only if the acquisition is specifically authorized in a purchase exception granted by the designated central nonprofit agency. The central nonprofit agency shall promptly grant purchase exceptions when- (1) The JWOD participating nonprofit agencies cannot provide the supplies or services within the time required, and commercial sources can provide them significantly sooner in the quantities required; or (2) The quantity required cannot be produced or provided economically by the JWOD participating nonprofit agencies. The central nonprofit agency granting the exception shall specify the quantity and delivery or performance period covered by the exception. When a purchase exception is granted, the contracting officer shall initiate purchase action within 15 days following the date of the exception or any extension granted by the central nonprofit agency; and provides a copy of the solicitation to the central nonprofit agency when it is issued. The Committee may also grant a purchase exception, under any circumstances it considers appropriate.

If during the screening process, the buyer determines that JWOD products are not offered that will meet the needs of the customer, the award documentation record shall be so noted. In the event a product is offered that is essentially the same as the customer's requirement, the product shall be ordered from the applicable JWOD participating agency, or the exception procedures in FAR 8.7 shall be followed.

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Federal Supply Schedules

Ref: FAR 8.4, DFARS 208.4

Federal Supply Schedules are awarded by the General Services Administration for common use items and are considered to be preferred sources for DOD. Buyers should make maximum use of the schedules; however, other procedures may be used if further competition is judged to be in the best interest of the Government in terms of quality, responsiveness, or cost.

The buyer shall review at least three schedule contractors through GSA Advantage or by reviewing catalogs or pricelists of at least three schedule contractors.

Best Value AnalysisWhen ordering supplies, or services below $150,000, the buyer must perform a best value analysis. By placing an order against a schedule using the procedures in FAR 8.4, the ordering office has concluded that the order represents the best value and results in the lowest overall cost alternative to meet the Government's needs. Some factors that might be considered include:

Special features of the supply or service required for effective programperformance

Trade-in considerations Probable life of the item selected as compared with that of a comparable item Warranty considerations Maintenance availability Past performance Environmental and energy efficiency considerations

File documentation for orders at or below the micro-purchase threshold, at a minimum, contain the contractor's name and address, contract number, the item purchased, the amount paid and contractor delivery and payment terms. Orders over the micro-purchase threshold purchase file shall contain the same information for each contractor reviewed; supporting documentation if a schedule contractor was selected on the basis of other than price and the basis by which they determined the "Best Value" to the Government price and other factors considered as compared to other schedule holders.

Buyers need not seek further competition, synopsize the requirement, make a separate determination of fair and reasonable pricing, or consider small business programs when using contracts under FSS. Additionally, GSA has already determined the prices of items under schedule contracts to be fair and reasonable. However, buyers are required to perform a Best Value Analysis prior to placing any order with a GSA FSS Contractor. An efficient method of gathering sources, quotes and comparisons is to use www.gsaadvantage.gov and the e-Buy features found at that web site.

Buy American Act and Federal Supply Schedules

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When a schedule lists both foreign and domestic items that will meet the needs of the requiring activity, the ordering office must apply the procedures of Part 225 and FAR Part 25, Foreign Acquisition. When purchase of an item of foreign origin is specifically required, the requiring activity must furnish the ordering office sufficient information to permit the determinations required by Part 225 and FAR Part 25 to be made.

See FAR 8.4 for orders in excess of the maximum ordering threshold and DFARS 208.404 for special procedures for services in excess of $150,000. See FAR 8.405-6 for sole source procedures for supplies or services above micro-purchase threshold.

Orders shall be placed using a DD Form 1155 or SF Form 1449, as appropriate.

The Federal Supply Schedule Award Documentation Record, Enclosure (1), shall be used to document all actions relating to an award.

4.2 Open Market Procedures

The Simplified Acquisition Award Documentation Record, Enclosure (2), shall be used to document all actions relating to an award.

Market Research

Ref: FAR Part 10, DFARS Part 210

Market research for open market procurement is conducted as explained in Section 3.1 Market Research. Document the results of market research in a manner appropriate to the size and complexity of the acquisition as required.

Commercial Determination

Ref: FAR Part 12, DFARS Part 212, NMCARS 5212.2, NMCAG G5212.90 Market research is an essential element of building an effective strategy for the acquisition of commercial items. Only through market research will you be able to make an adequate determination of commerciality. Your determination, along with the basis for your decision, must be documented in the purchase file.

4.2.1 Pre-Solicitation Considerations

Sole Source Acquisitions

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Award on a noncompetitive basis shall be supported by a justification from the buyer explaining the absence of competition. Generally this is based upon a sole source justification from the customer explaining the reason for the sole source. The customer's justification shall be reviewed, accepted and approved by the buyer/Contracting Officer, and retained in the purchase file. Enclosure (2) is a sample sole source justification that may be provided to customers to document sole source requirements less than $150,000. The streamlined Justification and Award (J&A) at Enclosure (3) shall be used to document sole source awards under FAR Part 13.5. The determination to accept or reject a customer's sole source justification will determine appropriate solicitation procedures.

Total Small Business Set-Aside

Ref: FAR 19.5, DFARS 219.5, NMCARS 5219.5, NAVSUPINST 4200.85D

It is the policy of the Government to provide maximum practicable opportunities in its acquisitions to small business, veteran-owned small business, service-disabled veteran-owned small business, HUB Zone small business, small disadvantaged business, and women-owned small business concerns. The procedures below do not apply to purchases of $3,000 or less or to purchases from required sources of supply.

Each acquisition of supplies or services that has an anticipated dollar value exceeding $3,000 but not greater than $ 150,000 is automatically reserved exclusively for small business concerns and will be solicited and awarded to a small business, unless it is determined that there is not a reasonable expectation of obtaining competitive quotations from two or more small businesses. If only one quote is received after soliciting quotes from small businesses, and it is determined that it is a fair and reasonable price, the buyer should make award to that company. If no acceptable quotes are received, the set-aside must be withdrawn and the requirement resolicited on an unrestricted basis. This means that the original synopsis or solicitation, as applicable, must be cancelled and reissued on an unrestricted basis.

Documentation

The determination to proceed on an unrestricted basis must be documented in the contract file. The internal form, Determination to Solicit/Award on an Unrestricted Basis, is available in PD2 and shall be used for all actions between $3,000 and $10,000 to document the decision to solicit and/or award on an unrestricted basis. The buyer and/or Contracting Officer shall sign the form, as appropriate.

A DD2579 must be completed and approved by the Small Business Specialist prior to the issuance of a written solicitation or the solicitation of oral quotes for all requirements over $10,000, even if anticipating award to a small business.

Non-Manufacturers Rule

FAR 52.219-6 requires the small business contractor to quote on products of his own manufacture or those manufactured by another small business. If the contracting officer wishes

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to proceed with the set-aside rather than dissolving and soliciting on an unrestricted basis, and the product does not fall into a class for which the SBA has determined that there are no small business manufacturers, the contracting officer may request an individual waiver from SBA. Once the waiver is received the contracting officer may proceed with the small business set-aside, incorporating FAR 52.219-6, Alternate I, in the solicitation.

Check the SBA web site at http://www.sba.gov/GC/indexprograms-nonmanufacturer.html http://www.sba.gov/content/non-manufacturer-waivers for additional information on the non-manufacturer rule and for class waivers already in effect.

Set-Asides and Foreign Made Products

If it is determined that a quotation should be requested for a foreign made product, the Total Small Business Set-Aside will no longer be applicable, and the file should be so documented. Once the solicitation is on an unrestricted basis, or if FAR 52.219-6, Alternate I is incorporated, quotes on foreign products may be accepted. However, that does not relieve the contracting officer of the provisions of FAR Part 25, and DFARS Part 225 regarding foreign acquisitions.

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Service Contract Act (SCA)

Ref: FAR 22.10, DFARS 222.10

The SCA applies to all contracts the principal purpose of which is to provide services through the use of service employees, as follows:

Service contracts $2,500 and under: SCA requires minimum wage same as Fair Labor Standards Act

Service contracts over $2,500: SCA minimum wages and benefits issued by Dept ofLabor as area wage determinations (WDs)

Contracts succeeding contracts containing union Collective Bargaining Agreements (CBAs): SCA minimum is the CBA wages and monetary benefits (SCA Sec. 4(c))

Wage Determinations on Line - "WDOL PROGRAM - SCA Requirements

Individual SF98s will be submitted to DOL for each applicable contract action, notifying DOL of the WD selected and implemented under the Program. On-line SF98s can be found at:

http://www.dol.gov/esa/whd/contracts/sca/sf98/index.asphttp://www.dol.gov/whd/contracts/sca/sf98/index.asp

For all contract actions requiring new or revised SCA wage determinations, the contracting office shall obtain the appropriate WD by accessing the WDOL Program Database -

No more than 15 days prior to the earliest of the following:

Issuing an Invitation For Bid (IFB) or Request For Pricing (RFP); Start of negotiations; Modification to exercise an option or to extend, or to significantly change scope of

work; or Annual/biennial anniversary dates of multiyear contracts

On or before issuing the solicitation, or modification to exercise an option, extend, or significantly change scope of work, the contracting office shall prepare and send to DOL an SF98 and SF98a for that action. The SF98 and SF98a must be completed in full, signed, and dated.

Monitoring the WDOL Program

Effective WDs are those WDs received timely by the contracting agency

Effective WDs are required to be incorporated into contracts

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A WD shall be effective if it is received by the contracting agency before date of award (or date of modification if option or extension)

Exemptions to the SCA, as noted in FAR 22.1003-3, include:

Construction, alteration or repair of public building, including painting and decorating. Any work required IAW the Walsh-Healy Public Contracts Act. Transporting, freight or personnel where tariff rates are in effect. Radio, telephone, or cable companies subject to the Communications Act. Employment contract for direct services by an individual. Postal contract stations. Work conducted on-board naval vessels

Other exemptions:

If the solicitation will result in a contract for the maintenance, calibration and/or repair of information technology, scientific and medical, office and business equipment use FAR Clause 52.222-48 in your solicitation. The successful offer must certify that the exemption applies. The contracting officer must then have a written D&F (22.1003-4(b)(4)(iii)(A). If the offeror does not certify, the applicable Service Contract Act clauses will apply. You must insert the applicable Service Contract Act clauses.

All other services subject to the ACT must contain the appropriate clauses

Buy American Act

The Buy American Act applies to supply orders and to orders for services that involve the furnishing of supplies. DoD activities are required to buy domestic end products as prescribed at FAR 13.105, FAR 19.102, FAR Part 25 and DFARS Part 225. The definitions found in the clause at DFARS 252.225-7001, “Buy American Act and Balance of Payments Program,” shall be used to determine if the articles, materials and supplies are considered domestic end products.

The Buy American Act will not apply to the purchase of articles, materials, and supplies if one or more of the following exceptions to the Act apply:

The product is being purchased for use outside the United States (which includes its possessions and Puerto Rico; but does not include leased bases or trust territories.

A determination is made that the cost of a domestic end product is not reasonable. Evaluating quotes in accordance with the procedures at DFARS 225.105 shall make this determination.

When it has been determined that domestic preference would be inconsistent with the public interest.

DoD has made that determination for products produced or manufactured in the countries listed as “qualifying countries” at DFARS 225.872-l (a). Additional determinations may be made on a case-by-case basis in accordance with DFARS 225.872-l (b).

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The product is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. DoD has determined that the articles, materials, and supplies listed at FAR 25.108, DFARS 225.102 and DFARS 225.108 qualify for this exception.

Nonavailability Determination. A determination that an article, material, or supply is not reasonably available is required where no domestic offer is received or when domestic offers are insufficient to meet the requirement and award is to be made on a non-qualifying country end product. This determination must be approved as discussed in FAR 25.102(b)(1) and DFARS 225.102(b).

Solicitation Provisions and Clause RequirementsWhen quotations are solicited in writing, the buyer will include the following provisions and clauses as prescribed by DFARS 225.109 (unless the required end product is exempt from the Act): DFARS 252.225-7001, “Buy American Act and Balance of Payments Program”. DFARS 252.225-7000, ‘Buy American Act-Balance of Payments Program Certificate”; DFARS 252.225-7002, Qualifying Country Sources as Subcontractors”; and DFARS 252.225-7003, “Information for Duty-Free Entry Evaluation.”

When quotations are solicited orally, contractors shall be informed that only domestic end products and qualifying country end products are acceptable, unless the provisions of DFARS 225.109(b) apply.

In addition to the provisions and clauses discussed above, buyers should review the additional requirements or restrictions on foreign purchases prescribed in FAR 25.6, DFARS 225.6, DFARS 225.70 and DFARS 225.71 that may apply to the specific acquisition.

Enclosure (4) provides a listing of foreign source restrictions for certain items sorted by applicability (dollar value). This table should be reviewed and guidance followed, prior to soliciting quotes for any restricted items.

North American Free Trade Agreement (NAFTA)

The North American Free Trade Agreement (NAFTA) is a trade agreement between the United States, Canada and Mexico. Canadian and Mexican end products subject to the NAFTA are those in the federal supply groups (FSGS) listed at DFARS 225.403-70.

If the solicitation is set-aside as a Total Small Business Set-Aside under FAR 52.219-6, the North American Free Trade Agreement (NAFTA) does not apply. Buyers should also see FAR 25.403 and DFARS 225.403 for additional exceptions.

When the determination is made to solicit on an unrestricted basis, or the solicitation is issued with the provision at FAR 52.219-6 Alternate I:

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Buyers must consider any eligible NAFTA country end product and evaluate each quotation as a qualifying country end product in accordance with DFARS 225.105 if the estimated value of the eligible product is $50,000 or more.

Although NAFTA may not apply, quotations for Canadian end products at any value may be considered and evaluated as a qualifying country end product since Canada is also listed as a qualifying country at DFARS 225.872.

Quotations for Mexican end products estimated to cost less than $50,000, or which are items that are not eligible under NAFTA, may be considered and evaluated as a non-qualifying country end product.

Lease vs. Purchase Analysis

Any time a lease is being considered the customer must perform a lease vs. purchase analysis prior to the initial acquisition of equipment or any extension or renewal of existing equipment. This is the document that supports the customer's reasoning for a lease in lieu of purchase, and therefore, a copy of the analysis must be maintained in the contract file. Remember that this analysis must be performed each year when the lease is renewed, if it is for more than one year. Guidance is found in FAR 7.4. Remember that you must consider the economic life of the product when performing the analysis.

Screening for Excess Personal Property - The customer must provide written certification that applicable screening was completed.

Funding - When lease to own or lease with option to purchase is being considered, the type of funding to be used for the lease must be determined. If the acquisition cost exceeds the investment threshold (currently $100,000), then investment funds must be used for the lease. There may be other instances when investment funds must be cited, as addressed in the references below. Make sure our customers understand the funding issue. Misuse of funds can be considered an Anti-Deficiency Act violation and the Contracting Officer, as well as the Comptroller issuing the funds can be held responsible.

Term of Contract - Most long term leases under GSA contract (Lease to own (LTOP), or Best Value (BVL) are priced based on a specific period of time, such as 36 or 60 months. However, since we are using O&M money, we cannot guarantee the contractor that we will continue the lease year after year. We can however, issue an order with options for the full lease term, if options are authorized under the terms of the GSA contract.

Cancellation Charges - Most lease contracts contain a cancellation ceiling and formula for determining the cancellation charge at any given time. In many cases, the cancellation fee is almost equal to the cost of leasing for the remainder of the lease period. There have been some questions regarding the legality of this practice, so be very careful before you enter into this type of contract. At a minimum, the customer must certify that they have budgeted (set-aside), although not necessarily obligated, funds to cover the contingent liability should cancellation become necessary. Obtain this certification in writing for documenting the file.

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Procedures for use of Multiple Award GSA contracts - In accordance with FAR 8.4, before placing an order above $3,000 on GSA contract, you must review GSA Advantage, or at least three schedule contractors to determine which will be most advantageous to the government. The customer must provide evidence of this review and the rationale behind their selection of a particular contractor, or the buyer must do this during the procurement process. This should be documented as part of the lease/purchase analysis.

References: FAR 7.4 and DFARS 207.4 discuss procedures for the lease/purchase analysis. NAVSUP Policy letters 03-29 and 99-33 reiterates this policy and also discusses the

excess property requirement. The DOD Financial Management regulations discuss the criteria for determining the type

of funding to be used, and procedures for capital (investment) leases.

Reference Websites:FAR 7.4 - http://www.abm.rda.hq.navy.mil/far_tool.cfmDFARS 207.4 - http://www.abm.rda.hq.navy.mil/far_tool.cfm NAVSUP Policy Letters 03-29 and 99-33 - http://www.nll.navsup.navy.mil/cmlDoD Financial Management Regulation - http://www.dtic.mil/comptroller/fmr/

Volume 2A, Chapter 1, Para. 010201 - Criteria for Determining Expense and Investment Costs, dtd June 2002

Volume 4, Chapter 7, Para. 070207 - Assets Under Capital Lease (Account 1810) dtd September 1999

DODINST 7041.3 - http://www.dtic.mil/whs/directives/corres/pdf/i70413_110795/i70413p.pdfwww.dtic.mil/whs/directives/corres/pdf/704103p.pdf

4.2.2 Posting and Synopsis Requirements

Ref: FAR 5.2, DFARS 205.2, NMCARS 5205.2, NAVSUPINST 4200.85C

Contracting officers must publicize contract actions in order to increase competition, broaden industry participation in meeting Government requirements, and assist in meeting small business concerns. The following posting requirements apply to all SAP actions:

Between $10,000 and $25,000

Oral solicitations do not have to be posted. Oral solicitations do have to be documented. See Enclosure (8) for sample SAP Oral Solicitation Documentation.

Written solicitations must be posted physically or electronically to NECO for at least 10 days.

Award may be made prior to the end of the 10-day period if documented in the purchase file.

Between $25,000 and simplified acquisition threshold (Commercial)

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Combined synopsis/solicitation – 15 days or a reasonable amount of time that will afford potential offerors a reasonable opportunity to respond per the market research.

Synopsis/solicitation - synopsis must be posted at least 15 days and the solicitation given a reasonable response time that will afford potential offerors a reasonable opportunity to respond.

Between $25,000 and simplified acquisition threshold (Non-Commercial) Synopsis 15 days. Solicitation a reasonable response time that will afford potential offerors a

reasonable opportunity to respond. If greater than the simplified acquisition threshold, must post for 30 days.

Posting a solicitation to NECO can be done in two different ways. In the first method, after you have released your solicitation in PD2, mark it for EDI Transmit (this should be done for most simplified actions for supplies). The second method is to post it manually to NECO by saving it as a word document and uploading it. If you have an amendment, you must post it in the same manner the original solicitation was posted.

Posting a synopsis or combined synopsis/solicitation to NECO must be done manually. Since the system will time out after 30 minutes, have your synopsis completed as a word document ready to load into NECO. You will then post your solicitation that same way as above.

A sample Combined Synopsis/Solicitation is included as Enclosure (5). The sample may be used as a guide for all synopsis requirements, and includes numbered notes that might be required for other than commercial items.

Note: Remember that NECO is not the Government Wide Point of Entry! Any regulatory references to the GPE refer to FedBizOpps.

4.2.3 Solicitation Procedures

Oral solicitations should be used to the fullest extent possible and may be documented on Enclosure (6), SAP Oral Quote Documentation Form. Written solicitations for commercial items shall be issued on the SF1449. Written solicitations for other than commercial items shall be issued on the SF 18.

4.3 Award Considerations

Adequate Competition and Price Reasonableness

Competition is a prominent factor in procurement law and policies. There are at least three (3) reasons for this prominence.

The principle that all qualified companies should have the opportunity to do business with the Government and have the right to strive on an equal basis with all other potential

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suppliers. Stated another way, contracts should go to the company offering the most advantageous contract to the Government. Full and open competition is intended to achieve this objective.

To find out what is available to meet a particular need. The Government may have a specialized requirement that no known product can satisfy. Competitive solicitation may turn up such a product, or it may lead to development of a new product designed to meet the need.

Competition is the best way to make sure that the resulting contract price does not unreasonably favor either the buyer or seller and in fact results from the impartial working of the marketplace. The Government should not pay unfair prices, and the contractor should not realize exorbitant profits. In other words, competition is undertaken to ensure that the Government pays, and the contractors receive, prices representing reasonable payment for the work performed.

Adequate competition requires that there be at least two (2) offerors, each able to satisfy the Government's requirements, independently contending for a contract to be awarded the offeror that submits the lowest evaluated price, and each submitting priced offer responsive to the solicitation's requirements. Having three (3) or more competitive offers is recommended.

To determine if price competition really exists, you may examine prices, the range of prices offered by competing companies, the experience of the competing companies in making the item or doing the work, and the exceptions taken by an offeror to the specifications, delivery schedule, or other terms of the request for quotation (RFQ). You will want to be sure the competing companies understand your requirement and are proposing or quoting on the same thing.

If the price competition is judged to be effective, it follows that the price is fair and reasonable.

NOTE: Any time there is only one source for a given item, true competition is unlikely. The fact that there are two offers does not automatically mean that competition is present. For example, if the manufacturer and a dealer are both bidding on the same product at your request, then you do not have adequate competition. On the other hand, if you request a product with an unrestricted description, and more than one vendor quotes on the same item, you may be able to determine that the competition is adequate.

The existence of effective competition may be difficult to determine if you are buying to performance specifications. Under such conditions, all respondents may propose products to meet the specifications, but no two of the products may be alike in anything other than claimed performance characteristics.

To use an unsophisticated example, assume a procurement using a performance specification that calls for an eight-ounce personal coffee container. One offeror proposes to furnish a paper cup; the other proposes to furnish a ceramic mug. Both meet the requirements, but they have different characteristics.

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Does the fact that the price proposed for the paper cup is lower than the price for the mug mean that the cup price is reasonable? It might not be if you find other companies to sell you paper cups that meet the specs. Additionally, the price might not be reasonable if the ceramic mugs last 100 times longer than the paper cups. Further analysis and other methods of price reasonableness may be necessary to determine prices fair and reasonable.

If competition is not possible, use other methods to determine price fair and reasonable, including:

1. Established catalog prices2. Historical comparisons3. Independent Government Estimates4. Value Analysis5. Prices set by law or regulation6. Price breakdown (cost analysis)

Contractor Responsibility Determination

Purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only. No purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility. In the absence of information clearly indicating that the prospective contractor is responsible, the contracting officer shall make a determination of non-responsibility. The award of a contract to a supplier based on lowest evaluated price alone can be false economy if there is subsequent default, late deliveries, or other unsatisfactory performance resulting in additional contractual or administrative costs. While it is important that Government purchases be made at the lowest price, this does not require an award to a supplier solely because that supplier submits the lowest offer. A prospective contractor must affirmatively demonstrate its responsibility.

In making the determination of responsibility the contracting officer shall consider relevant past performance information. If the information necessary to make a positive determination is not available, the Contracting Officer should request a pre-award survey. Negative determinations of responsibility for small business shall be referred to the Small Business Administration, with a copy to the Deputy for Small Business. In addition, the contracting officer should use the following sources of information to support such determinations:

The List of Parties Excluded from Federal Procurement and Non-procurement Programs (http://epls.arnet.gov)

Records and experience data, including verifiable knowledge of personnel within the contracting office, audit offices, contract administration offices, and other contracting offices. (CPARS)

The prospective contractor -- including bid or proposal information, questionnaire replies, financial data, information on production equipment, and personnel information.

Commercial sources of supplier information of a type offered to buyers in the private sector.

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4.4 Award

Contract awards shall be made on the SF1449 for Commercial Items or the DD Form 1155 for non-commercial items. All awards will be generated in PD2. The Department or Deputy Department Director must approve any exceptions to the use of PD2.

4.5 Common Use Clauses

Incorporating the correct clauses into an award document is essential to successful procurement. Insufficient clause use and over clause use can significantly impact successful awards. The following sections will list and explain common clause requirements for the different types of award documents. Since every buy is unique, not all the clauses you require may be included. Refer to the FAR 52.301 Clause Matrix and the FISC Clause Book for more assistance.

Simplified Delivery Order – GSA

Reference DFARS 208.404(a) and NAVSUP Policy Letters SA03-02 and SA01-03. Also, FAC 2001-24, Contracting Officer placing order on another agency’s behalf is responsible for applying that agency’s regulatory and statutory requirements; and that the requiring activity is required to provide information on the applicable regulatory and statutory requirements to the contracting officer (FAR 8.404(b)). No clauses are included because the delivery order is being placed against a previously competed contract. However, Local clauses are applicable to the GSA Contract. An exception is the inclusion of 52.213-1 “Fast Payment Procedures” (Incorporated by Reference) if applicable and any other specific local clause that affects the requirement. The use of any other clauses with delivery orders is generally prohibited and should be discussed with your supervisor prior to inclusion in your delivery order.

Fast Payment ProceduresIf the following conditions are present, the fast payment procedure may be used, provided that use of the procedure is consistent with the other conditions of the purchase. The conditions for use of the fast payment procedure are as follows:(a) Individual purchasing instruments do not exceed $30,000, except that executive agencies may permit higher dollar limitations for specified activities or items on a case-by-case basis.(b) Deliveries of supplies are to occur at locations where there is both a geographical separation and a lack of adequate communications facilities between Government receiving and disbursing activities that will make it impractical to make timely payment based on evidence of Government acceptance.(c) Title to the supplies passes to the Government --

(1) Upon delivery to a post office or common carrier for mailing or shipment to destination; or(2) Upon receipt by the Government if the shipment is by means other than Postal Service or common carrier.

(d) The supplier agrees to replace, repair, or correct supplies not received at destination, damaged in transit, or not conforming to purchase requirements.(e) The purchasing instrument is a firm-fixed-price contract, a purchase order, or a delivery order for supplies.(f) A system is in place to ensure --

(1) Documentation of evidence of contractor performance under fast payment purchases;(2) Timely feedback to the contracting officer in case of contractor deficiencies; and(3) Identification of suppliers that have a current history of abusing the fast payment procedure.

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Commercial Open Market (DD1155 and SF1449)

FAR 52.212-1 “Instructions to Offerors - Commercial Items” (Incorporated by Reference)

FAR 52.212-3 “Offeror Representations and Certifications – Commercial Items” (Full Text) Note: Alt I is used for open market over $25K (used in solicitations)

FAR 52.212-4 “Contract Terms and Conditions – Commercial Items” (Incorporated by Reference)

FAR52.212-5 “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items” (Full Text) Note: See Clause matrix for each clause and check applicable clauses.

Within FAR 52.212-5 check (if applicable):

52.219-6 “Notice Of Total Small Business Set-Aside” (if applicable) 52.222-21 “Prohibition Of Segregated Facilities” 52.222-26 “Equal Opportunity” 52.222-35 “Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam

Era and Other Eligible Veterans” 52.222-37 “Employment Records on Special Disabled Veterans, Veterans of the Vietnam

Era and Other Eligible Veterans” 52.225-1 “Buy American Act-Supplies” 52.225-13 “Restriction on Certain Foreign Purchases” 52.232-33 “Payment by EFT-Central Contractor Registration” 52.232-36 “Payment By Third Party”

FAR 52.212-5 “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items” (Deviation)

Note: The above deviation may be used in lieu of the full text clause at FAR 52.212-5 provided that Auto Clause Select is used in PD2. The clauses noted above, as well as any other required clauses must be separately selected.

FAR 52.247-34 “FOB Destination” (Incorporated by Reference) or 52.247-29 “FOB Origin” (Incorporated by Reference)

FAR 52.252-1 “Solicitation Provisions Incorporated by Reference FAR 52.252-2 “Clauses Incorporated By Reference” (Full Text) Note: There is a fill-in in this clause. The following are acceptable fill-ins for this clause: http://akss.dau.mil/jsp/default.jsp, http://www.arnet.gov/far/index.html, https://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm.

DFARS 252.204-7004 Alt “ Required Central Contractor Registration” (Full Text)

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DFARS 252.212-7001 “Contract Terms and Conditions Required To Implement Statutes Or Executive Orders Applicable To Defense Acquisitions Of Commercial Items” (Full Text) Note: See prescription for each clause and check applicable clauses.

Within the 252.212-7001 always check:

252.225-7001 “Buy American Act And Balance Of Payments Program” 252.232-7003 “Electronic Submission of Payment Request-CCR”

Any local clauses prescribed for the order should be included as necessary.

For Non-Commercial Items

FAR 52.213-4 “Terms and Conditions – Simplified Acquisitions (Other than Commercial Items)” Note: With limited exceptions, most of our purchases are for commercial items. If you feel you have a requirement for a non-commercial item, review your determination with your supervisor before continuing with the award.

(NOTE: While FAR 52.213-4, This clause does contain full prescriptions for each "sub-clause" incorporated as part of the main clause. This document provides valuable information that will assist you in incorporating clauses in all contracts.

Situational Clauses (Commercial/Non-Commercial)

52.213-1 “Fast Payment Procedures” (Incorporated by Reference)This clause is included when the customer is forward deployed and certification of the invoice would greatly delay payment to the vendor. Discuss with your supervisor for any deviation from this rule.

52.232-18 “Availability Of Funds” (Incorporated by Reference)This clause is included when the requirement is for an upcoming fiscal year, also known as “renewals”. This clause allows us to not delay any recurring requirements our customers may have.

Clauses to Consider When Including Options:

FAR 52.217-8 Option To Extend Services

FAR 52.217-9 Option To Extend The Term Of The Contract (Variation)

Clauses to Consider When Contracting for Services

Service contracts require more detailed clause use than a standard commercial supply. The difference between services may require you to use clauses unique to the situation. Discuss your

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clause selection with your supervisor before awarding a service contract. The clauses below are commonly used in service contracts.

52.212-5 “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items” (Full Text) Note: See prescription for each clause and check applicable clauses.

Within FAR 52.212-5 check (if applicable):

52.219-6 “Notice Of Total Small Business Set-Aside” (if applicable) 52.222-21 “Prohibition Of Segregated Facilities” 52.222-26 “Equal Opportunity” 52.222-35 “Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam

Era and Other Eligible Veterans” 52.222-37 “Employment Records on Special Disabled Veterans, Veterans of the Vietnam

Era and Other Eligible Veterans” 52.225-1 “Buy American Act-Supplies” 52.225-13 “Restriction on Certain Foreign Purchases” 52.232-33 “Payment EFT-Central Contractor Registration” 52.232-36 “Payment By Third Party” (If applicable)

FAR 52.212-5 “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items” (Deviation)

The above deviation may be used in lieu of the full text clause at FAR 52.212-5 provided that Auto Clause Select is used in PD2. The clauses noted above, as well as any other required clauses must be separately selected.

Other Clauses that should be incorporated in orders for services, as appropriate:

FAR 52.211-5 “Material Requirements”

FAR 52.213-3 “Notice To Supplier”

FAR 52.213-4 “Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items)”

FAR 52.222-42 “Statement Of Equivalent Rates For Federal Hires”

FAR 52.222-41 “Service Contract Act of 1965, as Amended”

FAR 52.222-47 “Service Contract Act (SCA) Minimum Wages And Fringe Benefits”

FAR 52.222-48 “Exception From Application Of Service Contract Act Provisions For Contracts For Maintenance, Calibration, And/Or Repair Of Certain Information Technology, Scientific And Medical And/Or Office And Business Equipment--Contractor Certification”

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FAR 52.222-49 “Service Contract Act - Place Of Performance Unknown”

FAR 52.252-1 “Solicitation Provisions Incorporated by Reference FAR 52.252-2 “Clauses Incorporated By Reference” (Full Text) Note: There is a fill-in in this clause. The following are acceptable fill-ins for this clause: http://akss.dau.mil/jsp/default.jsp, http://www.arnet.gov/far/index.html, https://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm.

DFARS 252.204-7004 Alt -“Required Central Contractor Registration” (Full Text)

DFARS 252.212-7001 “Contract Terms and Conditions Required To Implement Statutes Or Executive Orders Applicable To Defense Acquisitions Of Commercial Items” (Full Text) Note: See prescription for each clause and check applicable clauses.

Within DFARS 252.212-7001 check (if applicable):

252.225-7001 “Buy American Act And Balance Of Payments Program”

DFARS 252.225-7002 “Qualifying Country Sources As Subcontractors”

DFARS 252.225-7008 “Supplies To Be Accorded Duty-Free Entry”

DFARS 252.225-7009 “Duty-Free Entry - Qualifying Country End Products And Supplies”

DFARS 252.225-7043 “Antiterrorism/Force Protection Policy For Defense Contractors Outside The United States”

FAR 52.232-35 “Designation Of Office For Government Receipt Of Electronic FundsTransfer Information”

FAR 52.232-37 “Multiple Payment Arrangements”

FAR 52.237-2 “Protection Of Government Buildings, Equipment And Vegetation”

FAR 52.246-1 “Contractor Inspection Requirements”

FAR 52.246-16 “Responsibility For Supplies”

FAR 52.247-30 “F.O.B. Origin, Contractors Facility”

FAR 52.247-32 “F.O.B. Origin, Freight Prepaid”

FAR 52.247-35 “F.O.B. Destination, Within Consignees Premises”

FAR 52.247-65 “F.O.B. Origin, Prepaid Freight-Small Package Shipments”

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4.6 Award Document Quick Audit Checklists

Use the checklists below to audit your award documents before releasing. Unnecessary modifications can occur when documents are released without being audited, thus reducing productivity. Enclosure 6, SAP Process Checklist, and the FISC SAP Index Sheets are recommended for your use to ensure all documentation is in the file.

For All Awards

Is the purchase request and award number correctly displayed? Do the purchase request and award document Line of Accounting match up? If funding was increased or decreased, does the award document reflect it properly? Ensure Discount Terms are included if applicable.

Use Net 15 if Fast Payment Procedure clause is included. Is the appropriate block checked for invoicing instructions? (Block 13 on the DD1155

and Block 18b on the SF1449) This is important because it directs the vendors billing office to send the invoices to the government for certification.

FSS/GSA Delivery Orders DD1155 and SF1449

Ensure the Contract number is correctly displayed. This is not the delivery order number but rather, the contract number assigned by the agency that wrote the contract. An incorrect contract number will cause delays and incur modifications and rework.

Commercial Open Market SF1449 Are necessary clauses included? (Refer to Clause Section of Phase 4) Are unnecessary clauses excluded?

PERFORMANCE BASED STATEMENTS OF WORK. The new emphasis placed on performance by acquisition reform initiatives has presented an awesome challenge to both Government procurement personnel and DOD contractors. Previously able to rely on "boilerplates" which incorporated MIL-SPECs and MIL-STDs, Government and industry are now, with the phasing out of MIL-SPECs and -STDs from the government-contracting arena, confronted with filling the void with the Performance-Based SOW. The new SOW must be a clear and concise document that emphasizes the use of non-Government specifications and standards. The content and format of the new SOW must conform to the new guidelines and directives a difficult task, given the ambiguous interpretations of these new directives.

A Performance-Based SOW describes what has to be accomplished without describing how the job must be done. For example, a task that requires a contractor to design a system to best meet the needs of the customer is performance oriented. It leaves the "how to" to the contractor. A performance-based description emphasizes acceptable results (Output). Accountability for final outcome is placed on the Contractor who will be responsible for achieving the required results. PBSOWs give offerors the opportunity and flexibility to use their expertise while absorbing a greater share of the risk for contract performance.

GUIDANCE ON WRITING A PERFORMANCE BASED STATEMENT OF WORK. Key elements to writing a good PBSOW are listed below:

a. Specify and clearly define what you want accomplished.

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b. State your technical and schedule requirements in terms of desired results.c. Clearly establish deliverables (what it is you want from the contractor) and other reporting requirements.d. Any mandatory requirements should be limited to the Government’s actual minimum needs.e. Be careful not to state tasks in a vague manner. f. Cite only required references and leave out unnecessary requirements.g. Avoid incomplete or unclear task descriptions that may be misinterpreted or inconsistently applied. h. Do not over specify the requirement(s). Let the Offeror provide the best method of attaining the desired

outcome.

A few of the web sites that can help you with writing Performance Based Statement of Work are:

http://www.acq.osd.mil/dpap/

http://www.arnet.gov/Library/OFPP/BestPractices/PPBSC/BestPPBSC.html

http://www.gcionline.net/conferences/pbsow/

http://www.census.gov/procur/www/fssp/att02.html

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Phase 5: Procurement Distribution & Reporting

5.1 Procurement Distribution

Once awarded, the customer and vendor must be provided copies of the award document. Email copies to both the customer and vendor and retain a copy of the distribution email for the file. 5.2 Contract Reporting

All actions obligating or deobligating funds shall be reported on the Contracting Action Report (CAR) at time of award.

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Simplified Acquisition Award Documentation

PR Number:       Contract/Order Number:      

As the Buyer/Contract Specialist, I am recommending award to       at $      . My award recommendation is based upon the following:

1. Purchase Request DD 1449/NAVCOMPT 2276 approval from San Diego2. Required sources of supply have been screened (FAR 8 / DFARS 208/ FAR 13.003)

FPI/UNICOR (FAR 8.6 / DFARS 208.6) Not offered/not required for services. Not comparable to commercial industry. Comparable - Procured Comparable - Waiver attached.

JWOD (NIB/NISH) (FAR 8.7 / FAR 13.003) Not offered. Item is essentially the same.

Purchase exception obtained. Integrated Material Management (IMM) (DFARS 208.70)

No NSN found or Federal Supply Class (FSC) is not centrally managed Urgency Impact Statement Attached Purchase from System not in best interest of the Government in terms of quality, timeliness and cost.

>$100K – IMM has provided waiver to procure locally Statement of the specific advantage of local purchase for an acquisition exceeding the micro-purchase

threshold in FAR Part 2 is attached. Coordinated Acquisition - Procurement meets the exception(s) listed in DFARS 208.7003-2:      

3. Preferred sources of supply reviewed (FAR 8.4 / DFARS 208.4/ FAR 13.003) GSA Federal Supply Schedules (FSS)

Schedule no(s)       checked. Items not available under schedule Items available under GSA FSS number:      ; SIN:       Expires:      

4. Other contractual sources reviewed (FAR 13.003) DoD/DoN/IDTC/IDTPO/Local

Contract:      Expires:      

5. Lease VS Purchase Analysis Lease Purchase

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SCREENING

BEST VALUE ANALYSIS (FAR 8.4)

The placement of a delivery order under the referenced GSA FSS represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government's needs. Additional Comments:      

NOTE: This determination may be made based upon a review of MAS contracts by using “GSA Advantage!” on-line shopping service or e-Buy Electronic quote service, or by reviewing the catalogs or price lists of at least three schedule contractors. (Contractor Quotes/Price list information shall be included in the purchase file.) A separate price reasonableness determination is not required.

Factors considered (as applicable):

Price Special features (salient characteristics) Trade-in considerations Probable life of the item selected as compared with a comparable item Warranty provisions Maintenance availability Past performance Environmental and energy efficiency considerations Other:      

BUY AMERICAN ACT (DFARS 225) APPLICABLE TO FSS ITEM

Foreign Item Offered Buy American Act Evaluation

Documentation in purchase file Foreign Restriction Applies

Exception applies:      

AWARD ABOVE MAXIMUM ORDERING THRESHOLD

Price Reduction Obtained Price Reduction Not Obtained, Explanation:     

FSS SERVICES > $150,000

Awarded in Accordance with DFARS 208.404-70 Contracting Officer Determination attached waiving competitive procedures

CENTRAL CONTRACTOR REGISTRATION (CCR) – http://www.ccr.gov (DFARS 204.73)

The contractor/vendor is registered with the CCR.

REPORTING REQUIREMENTS (DFARS 204 & 253)

DD Form 350 (All Actions) will be prepared

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FEDERAL SUPPLY SCHEDULE (FSS) AWARD

REVIEW AND SIGNATURE - Review Authority must be a PCO or Team Leader

As the Contracting Officer for this award, I have reviewed the above documentation and agree with the award recommendation discussed above.

Prepared By:

           Typed Name Signature Date

Reviewed By:

           Typed Name Signature Date

Enclosure (1)

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MARKET RESEARCH (FAR 10)

Market research was conducted resulting in the following:      

COMMERCIAL DETERMINATION (FAR 2.101)

This supply was determined to be commercial based on (Provide detailed explanation for each selection): The item is of a type customarily used by the general public or by non-governmental entities for

purposes other than governmental and has been offered or sold, leased, or licensed to the general public:      

The item evolved from a commercial item but is not yet available in the commercial marketplace, but will be available in time to satisfy the government’s requirements:      

The requirement is for a commercial item that has been modified to meet the government’s requirements:      

Other:       The service is for installation, maintenance, repair, training, or other service for an item that meets the

commercial item definition:      

The service is of a type offered and sold competitively at established catalog or market prices. Provide documentation/Explanation:      

Worksheet for Under $3000 buys

Other:      

SERVICE CONTRACT ACT (FAR 22.10)

The Service Contract Act is applicable for this award. Wage determination obtained and incorporated in award KO Determination to exempt Contractor certification of SCA exemption in folder

COLLECTIVE BARGAINING AGREEMENT (FAR 22.10)

The Collective Bargaining Agreement is applicable for this award. CBA submitted to the DOL and incorporated in award Contractor CBA in folder with Wage Determination Number assigned.

TOTAL SMALL BUSINESS SET-ASIDE (FAR 19.5 / 19.10)

100% Small Business Set-Aside >$10K – DD Form 2579 to Small Business Specialist

Withdrawn Total Set-Aside >$3000 $3000 - $10K – KO signs Withdrawal Memo >$10K (DD Form 2579) - KO concurs or rejects – Small Business Specialist concurs or appeals

Small Business Competitiveness Programs (FAR 19.10 / DFARS 219.10) Other Set-Aside (HUBZone/8A, etc.).      

BUY AMERICAN ACT (DFARS 225)

Buy American Act Evaluation

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OPEN MARKET PROCEDURES

Foreign Restriction Applies Foreign Item Offered

Small Business Set-Aside withdrawn

POSTING / SYNOPSIS (FAR 5)

$10K - $25K, WRITTEN RFQ posted on NECO (for 10 days) >$25K and above

Requirement was synopsized. Combined synopsis/solicitation Requirement was not synopsized. The following FAR 5.202 exception applies:

National Security:       Unusual and Compelling Urgency (Attach Justification) FMS Other Sources authorized/required by Statue:       Delivery/Task order placed under FAR 16.5 Perishable subsistence supplies and advance notice is not appropriate or reasonable:       Previous contract synopsized in sufficient detail to comply with FAR 5.207

NON-COMPETITIVE REQUIREMENTS

Sole source justification <$150K FAR 13.5 Streamlined Justification and Approval (J&A)

$150K - $650K, signed by KO $650K - $6.5M, signed by Competition Advocate

CENTRAL CONTRACTOR REGISTRATION (CCR) – http://www.ccr.gov (DFARS 204.73)

The contractor/vendor is registered with the CCR.

CONTRACTOR RESPONSIBILITY DETERMINATION (FAR 9.1)

The prospective contractor has been determined to be responsible based on the general standards of responsibility prescribed by FAR 9.104. The contractor:

Has an ability to meet the delivery or performance schedule. Has a satisfactory performance record (RYG) (CPARS)(PPIRS) Does not appear on the “List of Parties Excluded from Federal Procurement and Non-procurement Programs”

and is otherwise qualified and eligible to receive an award under applicable laws and regulations. (http://epls.arnet.gov)

FAIR AND REASONABLENESS PRICE DETERMINATION (FAR 13.106)

I have determined the prices to be fair and reasonable based upon:

Adequate Price Competition:       vendors were solicited and       quotes were received. After comparing the quoted prices, I consider the quotes to be competitive. See the record of price quotes received.

Commercial Catalog or Published Price List

Manufacturer/vendor name:      Catalog/List title or number:      Effective date(s):      Page number(s):      

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NOTE: Inclusion of a price in a price list, catalog, or advertisement does not, in and of itself, establish fairness and reasonableness of the price. Additional pricing techniques should be employed.

Established Market Price or Prices Set by Law/RegulationThe quoted price is the same as the established market price or the prices set by law or regulation as verified by:      

Historical Comparison for the same or similar items:

Prior Contractor:      Order No:       Date Purchased:      Quantity and Unit of Issue:      Unit Price Previously Paid:      Basis for determining prior price reasonable:      

If the item(s) are not identical, explain why the comparison is considered valid:      

Other Price Analysis or Comments:      

REPORTING REQUIREMENTS (DFARS 204 & 253)

DD Form 350 (All Actions) will be prepared

REVIEW AND SIGNATURE - Review Authority must be a PCO or Team Leader

As the Contracting Officer for this award, I have reviewed the above documentation and agree with the award recommendation discussed above.

Prepared By:

           Typed Name Signature Date

Reviewed By:

           Typed Name Signature Date

Enclosure (2)

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Sole Source Documentation(Give this form to customers who need assistance when requesting sole source)

1. THE INTENDED USE OF THE MATERIAL OR SERVICE:

2. THE CRITICAL OR UNIQUE CHARACTERISTICS OF THE MATERIAL OR SERVICE WHICH ARE MANDATORY FOR THE INTENDED USE:

3. REASONS WHY ONLY THE SELECTED SOURCE CAN FURNISH THE REQUIREMENTS TO THE EXCLUSION OF ALL OTHER SOURCES. PLEASE INCLUDE PROPRIETARY STATEMENT FROM VENDOR OR PATENT NUMBER:

4. ADDITIONAL JUSTIFICATION/COMMENTS:

DEPT. HEAD/COMMANDING OFFICER FISC-SD CONTRACTING OFFICER

___________________________________ ___________________________________Signature Date Signature Date

__Approved ___Disapproved

Enclosure (3)

37

Justification and Approval For Sole Source Procurement

Under Simplified Acquisition Test at FAR 13.5

1. Name of Requiring and Contracting activity.

2. Nature and/or description of the action being approved.

3. A description of the supplies and services being procured and their estimate value.

4. Statutory authority to procure requirement under sole source procedures. The Contracting Officer shall state here that the procurement is under the “test program” for commercial items. (Regulatory authority will be either Clinger –Cohen Act 10 U.S.C. 2304 (g)(1)(B) or 41 U.S.C. 253)

5. A description of the unique capabilities or qualifications, which requires acquisition under sole source procedures.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. (i.e. FACNET, CBD Synopsis or documentation explaining exception to synopsis requirement)

7. A determination that the anticipated cost to the Government will be “fair and reasonable”.

8. A description of the “Market Research” conducted and the results or a statement explaining the reason market research was not conducted.

9. Any other documentation that would lend support to the sole source justification.

10. Listing of Interested Sources.

11. A statement of the actions, if any, to remove barriers to competition.

12. Contracting Officer certification that the justification is accurate and complete to the bet of the contracting officer’s knowledge and belief. Supporting data is required.

13. Total estimated dollar value of the Acquisition covered by this J&A.

14. Contracting activity point of contact.

__________________________________________Contracting Officer Certification(Actions between $150,000 - $650,000)

__________________________________________Competition Advocate(Actions between $650,000 - $6.5 million)

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Enclosure (4)

39

Foreign Source Restrictions by Dollar ValueCLAUSE NO. ITEM COUNTRY RESTRICTION USAGE PRODUCT DETAILS

252.225-7016 Ball & Roller Bearings & Bearing Components

US, Canada manu all acq., unless KO knows required supplies do not contain bearings

See bearing matrix for applicability of bearings as end items and as components of end items.

252.225-7025 Forgings US, Canada* manu (QC exception)

all acq., unless KO knows required supplies do not contain restricted items

Includes forging items as end items or components; includes ship propulsion shafts; periscope tubes; ring forgings for bull

gears over 120'' in diameter 252.225-7011 Supercomputers US manu all acq. for supercomputers 252.225-7019 Anchor & Mooring Chain US manu all acq. for anchor or mooring

chain Welded shipboard anchor or mooring chain 4" in diameter or

less252.225-7022 PAN Carbon Fiber US, Canada manu all acq. for major systems If end product contains PAN-based carbon fibers or PAN-

based graphite fibers252.225-7023 Vessel Propellers US, Canada manu all non-comm. acq. of vessel

propellersIncludes propellers as end items or components of end items

252.225-7030 Carbon, Alloy, and Armor Steel Plate

US, Canada all acq. for carbon, alloy and armor steel plate

Includes plate as end item or Kr buy for use at gov't facility; FSC 9515 or if described by ASTM / AISI spec

252.225-7039 Totally Enclosed Lifeboat Survival Systems

US manu (Canada, UK exception)

all acq for totally enclosed lifeboat systems

System includes lifeboat, davits and winches 50% of components/labor must be US

225.7013 Construction or repair of vessels in foreign shipyard

US all acq for construction or repair of naval vessels

US home ported vessel cannot be overhauled/repaired/ maintained in foreign shipyard; N/A to voyage repairs

52.225-13 Foreign Purchase Restrict all acq. over $3k Cuba, Iran, Libya, North Korea, Sudan, SDN list

252.225-7012 Domestic Commodities (Berry Amendment)

US, poss., Puerto Rico (QC exception for chem. warfare protect. clothing)

all acq. over SAT ($150k) Food; clothing; tents/tarps/covers; canvas prod; cotton, natural fibers, silk, synthetic & wool fabric/prod; equipment

(FSC 8465) manu from above fabric/yarn252.225-7014 Specialty Metals US, poss, Puerto Rico

(QC exception)over SAT ($150k) if supply has specialty metals in it

Steel w/alloys; metal alloys w/nickel & cobalt base alloys; titanium, zirconium, stainless steel flatware

252.225-7015 Hand or Measuring Tools US, poss., Puerto Rico over SAT ($150k) if hand or measuring tools required

FSC Groups 51 and 52

252.225-7037 252.225-7038

Air Circuit Breakers US, Canada, UK manu (50% eval factor)

over SAT ($150k) if air circuit breakers required

For naval vessels

225.7004 Foreign Buses US, Canada manu all acq for buses over SAT Applies to purchase, lease, rental, transport services225.7005 Chemical weapon antidote US, Canada manu all antidote acq. over SAT antidote in automatic injectors or its components10 USC 2534 FR 8/3/01

Naval vessel components unique to marine applicat.

US, Canada, UK manu over SAT ($150k) if vessel components identified in next column are req'd

Gyrocompasses, electronic navigation chart systems, steering controls, pumps, propulsion & machinery control

systems* See clause for requirements if a Canadian manufacturer Enclosure (5)

41

Combined Synopsis/Solicitation

The following is a sample that may be used as a guide in preparing synopsis documents. Numbered notes are also enclosed for use in other than commercial synopsis/solicitations. Any items in brackets [ ] are suggested alternatives and lists (like CLINS or additional clauses) that you need to apply to your solicitation.

<DESC> This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures under the test program for commercial items found at FAR 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on both FEDBIZOPPS and NECO (http://www.neco.navy.mil/). The RFQ number is _______-__-T-_____. This solicitation documents and incorporates provisions and clauses in effect through FAC 2001-24 and DFARS Change Notice 20040625. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: www.acqnet.gov/far https://www.acquisition.gov/far/ and http://www.acq.osd.mil/dpap/dfars/index.htm . The NAICS code is ______ and the Small Business Standard is ___. This is a [sole source action with _____] OR [a 100% Small Business Set-Aside] OR [a competitive, unrestricted action]. The [the name of your command] requests responses from qualified sources capable of providing: [list the CLIN descriptions]. Delivery [Period of performance] is ________. Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control. The following FAR provision and clauses are applicable to this procurement: 52.212-1, Instructions to Offerors - Commercial Items; 52.212-3 ALT I, Offeror Representations and Certifications - Commercial Items; 52.212-4, Contract Terms and Conditions - Commercial Items [list the clauses that apply]; and 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items [list the clauses that apply]. Quoters [shall include] [are reminded to include] a completed copy of 52.212-3 ALT I with quotes. All clauses shall be incorporated by reference in the order. Additional contract terms and conditions applicable to this procurement are: 252.212-7000, Offeror Representations and Certifications - Commercial Items and 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items including [list the clauses that apply]. [The Year 2000 Warranty - Commercial Items applies.] [List any other clauses or provisions that may be applicable.] This announcement will close at _____ on ______. Contact __________ who can be reached at __________ or email ________ @navy.mil. [A determination by the Government to not compete this proposed effort on a full and open competitive basis, based upon responses to this notice is solely within the discretion of the Government.] [Oral communications are not acceptable in response to this notice.] All responsible sources may submit a quote, which shall be considered by the agency. [See Numbered Note: ____] OR [No Numbered Notes apply].

52.212-2, Evaluation - Commercial Items is applicable to this procurement. While price will be a significant factor in the evaluation of offers, the final contract award will be based on a combination of factors - a combination of price and <select applicable factors: delivery/a determination of responsibility/ technically acceptable low bids/ past performance / etc.>.

Central Contractor Registration (CCR). Quoters must be registered in the CCR database to be considered for award. Registration is free and can be completed on-line at http://www.ccr.gov/.

All quotes shall include price(s), FOB point, a point of contact, name and phone number, GSA contract number if applicable, business size, and payment terms. Quotes over 10 pages in total will not be accepted by facsimile. Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.

******* End of Combined Synopsis/Solicitation ********

If an IT requirement include:Note: All information technology items must be Year 2000 compliant. Year 2000 compliant means information technology that accurately processes date/time data (including, but not limited to, calculating, comparing and sequencing) from, into and between the twentieth and twenty-first centuries, and the years 1999 and 2000, andleap year calculations. Furthermore, Year 2000 compliant information technology, when used in conjunction with other information technology, shall accurately process date/time data if the other information technology properly exchanges date/time data with it.

If Sole Source include:The proposed contract action is for commercial supplies or services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 13.501(a)(1)(ii). Interested persons may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. However, the Government will

42

consider all proposals received within fifteen days after date of publication of this synopsis. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.

If Past Performance is a factor include:The quoter shall submit, as part of its quote, information on previously performed contracts or on-going contracts that are similar to the statement of work/item description in the solicitation performed for Federal, State or local Governments, and for commercial firms. Information shall be provided on either 1) all such contracts within the past three years, or 2) the last three such contracts performed, whichever is fewer, and shall be limited to the name and address of the organization for which the product was supplied and services were performed and the number (phone, fax or Internet) of a contact for each contract listed. The quoter should not describe past performance history in the quote. The information should include, however, discussion of any major problems encountered on the contracts listed and the corrective actions taken to resolve them. The information may also include a description of any quality awards earned by the quoter. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. Quoters lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance. However, the quote of a company with no relevant past performance history, while not rated favorably or unfavorably for past performance, may not represent the most advantageous quote to the Government and thus, may be an unsuccessful quote when compared to the responses of other quoters. The quoter should provide the information requested above for past performance evaluation, or affirmatively state that it possesses no relevant directly related or similar past performance. The assessment of the quoter’s past performance will be used as a means of evaluating the relative capability of the responder and other competitors to successfully meet the requirements of the RFQ. The Government will give greater consideration to the contracts that the Government feels are most relevant to the RFQ.

Numbered Notes:The purpose of the Numbered Notes is to conserve space and simplify the identification of repetitive notices. When one or more of the Notes applies to a synopsis, contracting officers should reference the note number at the end of <DESC> of the synopsis; e.g., "See Note(s) ___________." [Below is the list of the most common Numbered Notes from the FedBizOpps website.]

1. The proposed contract is 100% set aside for small business concerns.

5. He proposed contract is 100% set aside for Historically Black Colleges and Universities (HBCUs) and Minority Institutions (MIs). Offers from other than HBCUs and MIs will not be considered.

7. The proposed contract is 100% set aside for Historically Black Colleges, Universities and Minority Institutions or is partially set aside for Historically Black Colleges, Universities and Minority Institutions.

9. Interested parties may obtain copies of Military and Federal Specifications and Standards, Qualified Product Lists, Military Handbooks, and other standardization documents from the DoD Single Stock Point (DODSSP), in Philadelphia, PA. Most documents are available in Adobe PDF format from the ASSIST database via the Internet at http://assist.daps.mil/.

Users may search for documents using the ASSIST-Quick Search and, in most cases, download the documents directly via the Internet using standard browser software.

Documents not available for downloading from ASSIST can be ordered from the DODSSP using the ASSIST Shopping Wizard, after establishing a DODSSP Customer Account by following the registration procedures or by phoning the DoDSSP Special Assistance Desk at (215) 697-2179 (DSN: 442-2179).

Users not having access to the Internet may contact the DODSSP Special Assistance Desk at (215) 697-2179 (DSN: 442-2179) or mail requests to the DODSSP, Bldg. 4/D, 700 Robbins Avenue, Philadelphia, PA 19111-5094. Patterns, Drawings, Deviations Lists, Purchase Descriptions, etc., are not stocked at the DODSSP.

12. One or more of the items under this acquisition may be subject to an Agreement on Government Procurement approved and implemented in the United States by the Trade Agreements Act of 1979. All offers shall be in the English language and in U.S. dollars. All interested suppliers may submit an offer.

22. The proposed contract action is for supplies or services for which the Government intends to solicit andnegotiate with only one source under the authority of FAR 6.302. Interested persons may identify their interestand capability to respond to the requirement or submit proposals. This notice of intent is not a request forcompetitive proposals. However, all proposals received within forty-five days (thirty days if award is issuedunder an existing basic ordering agreement) after date of publication of this synopsis will be considered by theGovernment. A determination by the Government not to compete with this proposed contract based upon responses to this notice are solely within the discretion of the Government. Information received will normallybe considered solely for the purpose of determining whether to conduct a competitive procurement.

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23. Award will be made only if the offeror, the product/service or the manufacturer meets qualificationrequirement at time of award, in accordance with FAR clause 52.209-1 or 52.209-2. The solicitation identifies the office where additional information can be obtained concerning qualification requirements and is cited in each individual solicitation.

26. Based upon market research, the Government is not using the policies contained in Part 12, Acquisition of Commercial Items, in its solicitation for the described supplies or services. However, interested persons mayidentify to the contracting officer their interest and capability to satisfy the Government's requirement with a commercial item within 15 days of this notice.

27. The proposed contract is set-aside for HUBZone small business concerns. Offers from other than HUBZone small business concerns will not be considered.

28. The proposed contract is set-aside for Very Small Business Concerns (VSB). A VSB is a small business concern whose headquarters is located within the geographic area served by a district designated by SBA; and which, together with its affiliates, has no more than 15 employees and has average annual receipts that do not exceed $1 million. Offers from other than very small business concerns will not be considered.

29. The proposed contract is set-aside for Service-Disabled Veteran-Owned small business concerns. Offers from other than Service-Disabled Veteran-Owned small business concerns will not be considered.

Enclosure (6)

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45

Oral Solicitation Documentation Form

46

PR #   BUYER:  DESC:

    VENDOR

 VENDOR

 VENDOR

    POC:   POC:   POC:    PHONE:   FAX:   PHONE:   FAX:   PHONE:   FAX:  

 DATE SOLICITED:  

DATE QUOTE REC'D  

DATE SOLICITED:  

DATE QUOTE REC'D  

DATE SOLICITED:  

DATE QUOTE REC'D  

  TPIN:       TPIN:       TPIN:        CAGE:   DUNS:   CAGE:   DUNS:   CAGE:   DUNS:    FOB:   EDD:   FOB:   EDD:   FOB:   EDD:  

 

EST SHIPPING COST:   TAC:  

EST SHIPPING COST:   TAC:  

EST SHIPPING COST:   TAC:  

PROMPT PAYMENT DISC:  

PROMPT PAYMENT DISC:  

PROMPT PAYMENT DISC:  

 

CLINS QTY U/I UNIT PRICEEXTENDED

PRICE QTY U/I UNIT PRICEEXTENDED

PRICE QTY U/I UNIT PRICEEXTENDED

PRICE1                  2                       3                       4                       5                       6                       7                       8                       9                       

10                         TOTAL  TOTAL  TOTAL 

Enclosure (7)

Useful Reference Websites

Federal Acquisition Regulation: http://www.arnet.gov/far https://www.acquisition.gov/far/ or http://farsite.hill.af.mil

Defense Federal Acquisition Regulation Supplement: http://www.acq.osd.mil/dp/dars/ DoN Acquisition OneSource (ASN): http://www.abm.rda.hq.mil

Navy and Marine Corps Acquisition Regulation Supplement (NMCARS) Navy and Marine Corps Acquisition Guide (NMCAG)

Naval Logistics Library: Instructions: http://www.nll.navsup.navy.mil/ NAVSUP Policy Letters: www.nll.navsup.navy.mil/cml

AT&L Knowledge Sharing System (Formerly Defense Acquisition Deskbook): http://akss.dau.mil/jsp/default.jsp

Acquisition Community Connection: http://acc.dau.mil/ NAVSUP 02 Contracting Management:

http://www.navsup.navy.mil/npi/our_team/hq/org/02/index.jsp

Central Contractor Registration: http://www.ccr.gov/ Navy Electronic Commerce Online: http://www.neco.navy.mil/ Federal Business Opportunities: http://www.fedbizopps.gov/ GAO Decisions:

Current - http://www.gao.gov/ Over 90 Days: http://www.gpoaccess.gov/gaodecisions/index.html

Enclosure (8)

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SAP Process Checklist Enclosure (9)

Step 1 In PD2 - Move new files from Inbox to “Your” Cabinet. Working from the Inbox may result in losing data.

Step 2 Quick check the hard copy Purchase Request (DD2276, DD1149) for all requisite data.

Step 3 Verify suggested source is CCR Registered (www.ccr.gov)

- Check if Large or Small Business (use SIC to find size standard, www.sba.gov/regulations/siccodes/siccodes.html.)

- Print out a copy (NAICS, FSC, and SIC will be needed later)

Step 4 Review Purchase Request (PR) in PD2.

Detail Tab -- check Delivery Date, Description, & Qty

Description Tab -- Input FSC (found on CCR print out or at http://web1.whs.osd.mil/peidhome/guide/mn02/mn02.htm), SIC (found on CCR print out), PROG (most often “C9E”) and WSC (most often “000”) (If applicable)

Funding Tab -- Ensure Line of Acct data matches and all values filled in.

Shipping Tab – fill-in Ship To Address, check FOB (should be “Destination”) and MILSTRIP (should be req. #)

Local Info Tab- fill-in PR Number and Orig. UIC’s, (if applicable)

Step 5 Technical & Source Screening

Check JWOD (www.jwod.gov) for Products & Services - Print out “0” results for file

Check UNICOR (www.unicor.gov)

- May require comparable quote from UNICOR (esp if furniture)

Check GSA

- Recommend placing all supplies on GSA e-Buy as RFI or source searches (www.gsaadvantage.gov) for 2-3 days.

- Print out and file notice emails from GSA e-Buy

- Print out the GSA source page (Exp date, SIN, and GSA K# will be needed for SAP doc)

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Step 6 Approve PR (ensure pre-approval done)

- This step may be delayed until just prior to generating the award document if using e-Buy or Oral Solicitation methods

Step 7 Open a new SAP Documentation Attachment (in PD2 go to “Procurement- Attachment”)

- Annotate technical review sections as appropriate

Step 8 Complete Solicitation Mailing List Update. (Recommended Step)

- use PR# as SML#

Step 9 If “ OPEN MARKET”, first check should be for SM Business’s (8A, SmBus, etc.) using PRONET (www.pronet.sba.gov) or

- http://dsbs.sba.gov/dsbs/dsp_dsbs.cfm, CCR will also indicate whether suggested source is small business

Step 10 If no SM BUSINESS, Get dissolved for > $10K (SIGNED BY SADBU)

- SF2579 (in PD2 go to “Procurement- Attachment”) required for all actions over $10K

RECOMMENDATION: IF<$25K USE GSA e-Buy, IF<$25K AND LESS THAN 10 LINE ITEMS USE ORAL RFQ PROCESS

Step 11 Generate Solicitation.

- Use 1449 for “Open Market”

- Use 1155 for GSA type, use the FSS/DO 1155 option!!!

Step 12 Release solicitation and transmit (between $10K and $25K can just EDI Transmit via PD2)

- 10 Days for < $25K

- 20 Days for > $25K on NECO (www.neco.navy.mil/BUYER)

Step 13 Complete Offer Evaluation.

- If GSA Type – DO NOT create award from Offer Eval, create from the Solicitations or PR.

- If Open Market- can create Award from Offer Eval.

Step 14 Generate Award or Delivery Order Document.

- Use DD1155 FFS/DO found in the Post-Award Drop Down Menu in PD2 for GSA orders (Clauses on GSA orders if applicable)

49

- Use DD1449 Commercial for all open market buys.

Step 15 Complete, then print, sign and date SAP DOCUMENTATION SHEET,

- Submit your file for review prior to releasing the document.

Step 16 EMAIL CONTRACT/DELIVERY ORDER TO VENDOR AND CUSTOMER, PRINT COPY FOR FILE.

Step17 COMPLETE DD350, APPROVE THE 350, ENSURE EDI TRANSMIT IS DONE.

- Print DD350 for file.

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BEARING MATRIX

A) Use clause 252.225-7016 unless the K.O. knows the supplies don't contain bearings.B) Use 252.225-7016 Alternate I when using SAP procedures.

Bearing Clause Restrictions & Applicability

             Country Restriction Bearings as Components Bearings as End Items                Part I Appropriations Act US, Canada N/A if part of commercial item N/A if obtain waiver    N/A if obtain waiver per per 225.7019-3c      225.7019-3c         Proceed to Part II only if Part I does not apply.              Part II 10 USC 2534 US, Canada, UK N/A if part of commercial item N/A if obtain waiver  Regulatory Restriction N/A if using SAP procedures per 225.7019-3(a) or (b)    N/A if obtain waiver per        225.7019-3(a) or (b)  

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Foreign Source Restriction

CLAUSE NO. ITEM COUNTRY RESTRICTION USAGE PRODUCT DETAILS         52.225-13 Foreign Purchase Restrict   all acq. over $3k Cuba, Iran, Libya, North Korea, Sudan, SDN list252.225-7011 Supercomputers US manu all acq. for supercomputers 252.225-7012 Domestic Commodities

(Berry Amendment)US, poss., Puerto Rico (QC exception for chem. warfare protect. clothing)

all acq. over SAT ($150k) Food; clothing; tents/tarps/covers; canvas prod; cotton, natural fibers, silk, synthetic & wool fabric/prod; equipment (FSC 8465) manu from above fabric/yarn

252.225-7014 Specialty Metals US, poss, Puerto Rico (QC exception)

over SAT ($150k) if supply has specialty metals in it

Steel w/alloys; metal alloys w/nickel & cobalt base alloys; titanium, zirconium, stainless steel flatware

252.225-7015 Hand or Measuring Tools US, poss., Puerto Rico over SAT ($150k) if hand or measuring tools required

FSC Groups 51 and 52

252.225-7016 Ball & Roller Bearings & Bearing Components

US, Canada manu all acq., unless ko knows required supplies do not contain bearings

See bearing matrix for applicability of bearings as end items and as components of end items.

252.225-7018 Ballistic Missile RDT&E US owned firms all competitive acq. for BMD RDT&E

 

252.225-7019 Anchor & Mooring Chain US manu all acq. for anchor or mooring chain

Welded shipboard anchor or mooring chain 4" in diameter or less

252.225-7022 PAN Carbon Fiber US, Canada manu all acq. for major systems If end product contains PAN-based carbon fibers or PAN-based graphite fibers

252.225-7023 Vessel Propellers US, Canada manu all non-comm. acq. of vessel propellers

Includes propellers as end items or components of end items

252.225-7025 Forgings US, Canada* manu (QC exception)

all acq., unless ko knows required supplies do not contain restricted items

Includes forging items as end items or components; includes ship propulsion shafts; periscope tubes; ring forgings for bull gears over 120'' in diameter

252.225-7030 Carbon, Alloy, and Armor Steel Plate

US, Canada all acq. for carbon, alloy and armor steel plate

Includes plate as end item or Kr buy for use at gov't facility; FSC 9515 or if described by ASTM / AISI spec

252.225-7037 252.225-7038

Air Circuit Breakers US, Canada, UK manu (50% eval factor)

over SAT ($150k) if air circuit breakers required

For naval vessels

252.225-7039 Totally Enclosed Lifeboat Survival Systems

US manu (Canada, UK exception)

all acq for totally enclosed lifeboat systems

System includes lifeboat, davits and winches 50% of components/labor must be US

225.7004 Foreign Buses US, Canada manu all acq for buses over SAT Applies to purchase, lease, rental, transport services

52

225.7005 Chemical weapon antidote US, Canada manu all antidote acq. over SAT antidote in automatic injectors or its components225.7013 Construction or repair of

vessels in foreign shipyardUS all acq for construction or

repair of naval vesselsUS homeported vessel cannot be overhauled/repaired/ maintained in foreign shipyard; N/A to voyage repairs

225.7014 Overseas Military Construction

US firm (foreign except) all contruct. acq over $1M See 236.274(a)

225.7015 Overseas A&E Services US firm/US joint venture all A&E over $500k See 236.602-70225.7016 Research & Development US Corp (foreign except) all acq for R&D Award to US corp. if equally competent & lower cost10 USC 2534 FR 8/3/01

Naval vessel components unique to marine applicat.

US, Canada, UK manu over SAT ($150k) if vessel components identified in next column are req'd

Gyrocompasses, electronic navigation chart systems, steering controls, pumps, propulsion & machinery control systems

* See clause for requirements if a Canadian manufacturer

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Foreign Source Restriction

CLAUSE NO. ITEM COUNTRY RESTRICTION USAGE PRODUCT DETAILS         252.225-7016 Ball & Roller Bearings &

Bearing ComponentsUS, Canada manu all acq., unless ko knows

required supplies do not contain bearings

See bearing matrix for applicability of bearings as end items and as components of end items.

252.225-7025 Forgings US, Canada* manu (QC exception)

all acq., unless ko knows required supplies do not contain restricted items

Includes forging items as end items or components; includes ship propulsion shafts; periscope tubes; ring forgings for bull gears over 120'' in diameter

252.225-7011 Supercomputers US manu all acq. for supercomputers 252.225-7019 Anchor & Mooring Chain US manu all acq. for anchor or mooring

chain Welded shipboard anchor or mooring chain 4" in diameter or less

252.225-7022 PAN Carbon Fiber US, Canada manu all acq. for major systems If end product contains PAN-based carbon fibers or PAN-based graphite fibers

252.225-7023 Vessel Propellers US, Canada manu all non-comm. acq. of vessel propellers

Includes propellers as end items or components of end items

252.225-7030 Carbon, Alloy, and Armor Steel Plate

US, Canada all acq. for carbon, alloy and armor steel plate

Includes plate as end item or Kr buy for use at gov't facility; FSC 9515 or if described by ASTM / AISI spec

252.225-7039 Totally Enclosed Lifeboat Survival Systems

US manu (Canada, UK exception)

all acq for totally enclosed lifeboat systems

System includes lifeboat, davits and winches 50% of components/labor must be US

225.7013 Construction or repair of vessels in foreign shipyard

US all acq for construction or repair of naval vessels

US homeported vessel cannot be overhauled/repaired/ maintained in foreign shipyard; N/A to voyage repairs

52.225-13 Foreign Purchase Restrict   all acq. over $3k Cuba, Iran, Libya, North Korea, Sudan, SDN list 252.225-7012 Domestic Commodities

(Berry Amendment)US, poss., Puerto Rico (QC exception for chem. warfare protect. clothing)

all acq. over SAT ($150k) Food; clothing; tents/tarps/covers; canvas prod; cotton, natural fibers, silk, synthetic & wool fabric/prod; equipment (FSC 8465) manu from above fabric/yarn

252.225-7014 Specialty Metals US, poss, Puerto Rico (QC exception)

over SAT ($150k) if supply has specialty metals in it

Steel w/alloys; metal alloys w/nickel & cobalt base alloys; titanium, zirconium, stainless steel flatware

252.225-7015 Hand or Measuring Tools US, poss., Puerto Rico over SAT ($150k) if hand or measuring tools required

FSC Groups 51 and 52

252.225-7037 252.225-7038

Air Circuit Breakers US, Canada, UK manu (50% eval factor)

over SAT ($150k) if air circuit breakers required

For naval vessels

225.7004 Foreign Buses US, Canada manu all acq for buses over SAT Applies to purchase, lease, rental, transport services

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225.7005 Chemical weapon antidote US, Canada manu all antidote acq. over SAT antidote in automatic injectors or its components10 USC 2534 FR 8/3/01

Naval vessel components unique to marine applicat.

US, Canada, UK manu over SAT ($150k) if vessel components identified in next column are req'd

Gyrocompasses, electronic navigation chart systems, steering controls, pumps, propulsion & machinery control systems

* See clause for requirements if a Canadian manufacturer

55

Exemption of the Buy American Act/Balance of Payments Program

Determination and Findings

Upon the basis of the following findings and determination which I hereby make in accordance with the provisions of FAR 25.102, acquisition of @@ (qualifying country-identify country) @@ (describe item) may be made as provided below.

Findings

1. The Fleet and Industrial Supply Center, (Location) proposes to purchase under contract number N00406- @@, @@ (describe item), mined, produced, or manufactured in @@ (country of origin). The total estimated cost of this acquisition is @@.

2. The United States Government and the Government of @@ have agreed to remove barriers to procurement at the prime and subcontract level for defense equipment produced in each other's countries insofar as laws and regulations permit.

3. The agreement provides that competitive offers of @@ (qualifying country) end products will be evaluated by the Department of Defense without imposing any price differential under the Buy American Act or Balance of Payments Program and without taking applicable U.S. customs and duties into consideration so that @@ (qualifying country) items may better compete, for sales of defense equipment to the Department of Defense. In addition, the Agreement stipulates that acquisitions of @@ (qualifying country) items must fully satisfy Department of Defense requirements for performance, quality, and delivery and shall cost the Department of Defense no more than would comparable U.S. source or other foreign source defense equipment eligible for award.

4. To achieve the above objectives, the solicitation contained the @@ (title and number of the Buy American Act clause contained in the contract). Offers were solicited from other sources and the offer received for @@ (qualifying country end item) is found to be otherwise eligible for award.

Determination

Pursuant to the Buy American Act and Balance of Payments Program, I hereby determine that it is inconsistent with the public interest to apply the restrictions of the Buy American Act or the Balance of Payments Program to the proposed offer.

__________________________________________________ ___________________Level Above the Contracting Officer ($25k or less) DateChief of the Contracting Office ($250k or less)Head of the Contracting Activity ($2m or less)Head of Agency or designee (over $2m)

56

DEPARTMENT OF THE NAVYREGIONAL CONTRACTING DEPARTMENT

FLEET AND INDUSTRIAL SUPPLY CENTER, PUGET SOUND467 W Street

BREMERTON, WASHINGTON 98314-5120

AUTHORITY UNDER THE BUY AMERICAN ACTTO BUY FOREIGN-MADE SUPPLIES

FOR USE INSIDE THE U.S.

N00000-_____-___-________

In accordance with FAR 25.103 and DFARS 225.103, the following exception to the Buy American Act applies to this procurement for ___________________________________________, which is manufactured in _______________________________, for a total amount of $___________________:

(a) PUBLIC INTEREST1) _____ Qualifying country end product

_____ D&F completed (if award on product from Austria or Finland)

2) _____ U.S.-made end product over $175k subject to the Trade Agreements Act

(b) NON AVAILABILITY1) _____ Article listed in FAR 25.104(a) or DFARS 225.104(a)

2) _____ Spare or replacement parts that must be acquired from the original foreign manufacturer or supplier.

3) _____ Acquisition was synopsized, conducted utilizing full & open competition, and no offer for a domestic end product was received.

4) _____ Determination per FAR 25.103(b)(2)(i).

Domestic offers are insufficient to meet the requirement and award is to be made on other than a qualifying country or FTA eligible end product. Therefore, based on ______________________________________________________________________________________

_____________________________________________________________________________________,It is determined that the article, material, or supply is not reasonably available.

___________________________________________________ ______________Level Above the Contracting Officer ($150k or less) DateChief of Contracting Office (>$150k, but less than $1m)Head of Contracting Activity or Deputy ($1m and up)

(c) UNREASONABLE COST_____ Cost of the domestic end product is unreasonable, as it is not the low evaluated offer when evaluated in accordance with DFARS 225.5.

(d) RESALE_____ Foreign end product is specifically for commissary resale.

_______________________________ _______________Buyer Date

57

AUTHORITY UNDER THE BALANCE OF PAYMENTS PROGRAMTO BUY FOREIGN-MADE SUPPLIES

FOR USE OUTSIDE THE U.S.

N00000-_____-___-________

In accordance with DFARS 225.75, the following exception to the Balance of Payments Program applies to this procurement for ___________________________________________________, which is manufactured in _________________________________, for a total amount of $__________________:

(a) BEFORE ISSUING THE SOLICITATION

(1) _____ Estimated cost of the acquisition is at or below the SAT ($100k).

(2) The end product is--_____ Listed in FAR 25.104(a) or DFARS 225.104(a)(iii)._____ A petroleum product._____ A spare part for foreign-manufactured vehicles, equipment, machinery, or

systems, and buy is restricted to OEM or its supplier per DOD standardization policy (DoD Directive 4120.3).

_____ An industrial gas._____ A brand drug specified by the Defense Medical Materiel Board.

(3) _____ Acquisition of foreign end products is required by treaty/executive agreement between governments, such as in an FMS Letter of Offer and Acceptance.

(4) _____ End product is acquired for commissary resale.

(5) It is determined that the requirement can best be filled by a foreign end product because--(i) _____ This subsistence product is perishable and delivery from the U.S. would significantly

impair the quality at the point of consumption. (ii) _____ This end product, by its nature or as a practical matter, can best be acquired in the

geographic area concerned, (i.e. ice, books, bulk material such as sand, gravel or brick). (iii) _____ This end product ______________________________________________

___________________________________________________________________________________.

___________________________________________________ ______________Contracting Officer Date

(b) AFTER RECEIPT OF OFFERS - The evaluated low offer is offering an end product that--

(1) _____ Is a qualifying country end product. ______ D&F completed (if award on product from Austria or Finland)

(2) _____ Is an eligible end product subject to FTA or Trade Agreements Act (i.e. product on FSG list and country is on FTA, Caribbean or designated country list)

(3) _____ Is a U.S.-made end product over $175k subject to the Trade Agreements Act

(4) _____ Is a nonqualifying country end product, but evaluation per DFARS 225.5 does not result in award on a domestic offer.

_______________________________ _______________

58

Buyer Date

AUTHORITY UNDER THE TRADE AGREEMENTS ACTTO BUY FOREIGN-MADE SUPPLIES

ON THE FSG LIST OVER $175KFOR AN UNRESTRICTED BUY

N00000-_____-___-________

In accordance with FAR 25.403 and DFARS 225.403, the following exception to the Trade Agreements Act applies to this procurement for _______________________________________, which is manufactured in __________________________________, for a total amount of $___________________:

(a) _____ Qualifying country, FTA, Caribbean Basin or designated country end product.

(b) _____ No offers of U.S. made, qualifying country, FTA, Caribbean Basin or designated country end products were received.

(c) _____ Offers of U.S. made, qualifying country, FTA, Caribbean Basin or designated country end products were insufficient to fill the Government's requirements.

(d) _____ Reciprocal agreement with a foreign government (e.g., FMS LOA sole source).

(e) _____ National interest D&F waiver has been approved per DFARS 225.403(c)(ii) and NMCAG G5225.403

(f) _____ D&F request to buy product indispensable for national security or national defense approved per DFARS 225.401(b) and NMCAG G5225.401

________________________________________ ________________________Buyer Date

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BUY AMERICAN-RELATED CLAUSES(DFARS Part 225)

252.225-7000

Buy AmerCert

252.225-7001

Buy Amer

252.225-7020

TradeAgreeCert

252.225-7021

TradeAgree

252.225-7035

FTACert.

252.225-7036

FTA

252.225-7035 ALT I

FTACert.

252.225-7036 ALT I

FTA

252.225-7002

QualifyingCountrySubkrs

252.225-7013

&

Duty-FreeEntry

Do not use above clauses in Commercial Buys

$2,500-$25K X X X

$25K-$58,550K X X X

$58,550-$100K X X X

$100K-$175K X X X X

$175K UP X X X X

EXCEPTIONS TO ABOVE CLAUSE

REQUIREMENTSALL SBSA, 8(a), FPI, NIB/NISH$2,500 & UP

X X X

ALL FSG 84 clothing buys $2,500 & UP X X X$25K & UP Not on FSG List

X X X X >100k

1. Applicability - Use this clause matrix for all supply contracts over $2,500, and service contracts, which involve the furnishing of supplies when the supply portion is over $2,500.2. DFARS clauses are used in lieu of FAR clauses.3. Certification clauses (-7000, -7020, -7035, -7035 A1) – Applicable certification clause is to be used only during the solicitation phase of each procurement.4. Certification clauses are to be incorporated in full. All other clauses are incorporated by reference.5. FSG List - See DFARS 225.401-70. FTA & Trade Agreements Act only applies to items on the FSG List.6. FSG 84 - FTA and Trade Agreements Act do not apply to FSG 84 buys, except for 8460 luggage.

FSG 84 includes such items as clothing, footwear, badges and insignia, duffel bags, sunglasses and swords.

FISC Puget SoundREV. 01-26-04

60

SPECIAL ATTENTION FSG LIST – FOREIGN BUY REST RICTIONS

The FSG nomenclatures listed below are Appropriations Act sensitive (DFARS Subpart 225.70), which must be processed exactly per regulation mandates to ensure that there are no Anti-Deficiency Act violations, OR are foreign product restrictions based on policies designed to protect the defense industrial base (DFARS Subpart 225.71).

This list is to be used as a tool to screen and flag incoming requisitions for potential applicability of any foreign buy restrictions. This should be used in combination with the Foreign Source Restriction Matrix, which identifies clause usage and country restriction. The referenced DFARS cite and clause provides more specific information.

FSG NOMENCLATURE CLAUSE

19 Totally Enclosed Lifeboat Survival System (225.7008) 252.225-703920 Ship Propulsion Shafts (forgings) (225.7l02) 252.225-702520 Vessel Propellers (225.7010) 252.225-7023

23 Passenger Buses (225.7004)3l Bearings, Ball & Roller (225.7009) 252.225-701640 Anchor & Mooring Chain, 4” diameter or less (225.7007) 252.225-7019

47, 20 Periscope Tubes (forgings) (225.7l02) 252.225-70255l, 52 Hand or Measuring Tools (225.7002-l) 252.225-701553 Ring Forgings for Bull Gears (forgings) (225.7l02) 252.225-7025

59 Air Circuit Breakers for Naval Vessels (225.7006) 252.225-703765 Chemical Weapons Antidote (225.7005) 70 Supercomputers (225.7012) 252.225-7011

83 Tents, Tarpaulins, or covers (225.7002-l*) 252.225-701284 Clothing (225.7002-l*) 252.225-701294 Polyacrylonitrile (PAN) Carbon Fiber (225.7l03) 252.225-7022

95 Carbon, Alloy & Armor Steel Plate (225.70l1) 252.225-703096 Specialty Metals, incl. stainless steel flatware (225.7002-l) 252.225-7014

* 225.7002-l also includes cotton and other natural fiber products, woven silk or woven silk blends; spun silk yard for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics); canvas products; wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles), or any item of individual equipment (FSC 8465) manufactured from or containing any of the listed fibers, yarns, fabrics or materials

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Rev 5-19-04ICROPURCHASE WORKSHEET ___Commercial (1449)

___ Non Commercial (1155) CONTRACT #

PR # Vendor Name/Address:Accept Credit Card ___Yes ___ No

POC:

Vendor Name/Address:Accept Credit Card ___ Yes ___ No

POC:

Reason not on Purchase Card_____ Federal or Military Specification required_____ Hazardous Material (MSDS)_____ Rental or Lease of land or buildings_____ Telephone Services_____ Bilateral Purchase Order_____ Restricted Items listed in 4200.85/4200.94_____ Construction <$2,000_____ Environmental spec/approvals_____ CO/SES determination

Mandatory Sources of Supply_____ Federal Prison Industries (FPI) / UNICOR _____ Waiver attached _____ Order $2500 or less _____ Market research conducted ______ FPI product not comparable_____ Blind (NIB)_____ Severely Handicapped (NISH)_____ 8(a) Program_____ TAC/BPA Contracts (IT Products/Services)

Method of Solicitation

_____ Oral solicitation (paperless)_____ Written solicitation (PD2)

Foreign Source Restrictions

Restricted Item (i.e., bearing, forging, etc.) ____ Yes or ____ No If yes, included applicable clause per chart ____ Yes or ____ No

Item No. ___________________________ Country of Origin ___________________ Manufacturer _______________________

Priority RDD

DO-DX FSC

Solicitation # Phone:FAX:E-Mail:

Phone:FAX:E-Mail:

Issue/Call Date Closing Date Cage Code: Size: Cage Code: Size:

____ DD 1057 completed CCR Yes_____ No_____DUNS #:

CCR Yes _______ No _______DUNS #:

Remit To: Quote Date Remit To: Quote Date

1.QTY U/I UNIT PRICE AMOUNT UNIT PRICE AMOUNT

2.

3.

4.5.

6.

7.

8.Paying Office: Payment Terms Total: Payment Terms: Total:

Invoice to: FOB (Dest./Origin): Delivery Date: FOB (Dest./Origin): Delivery Date:

Tac Code:FOB Point:

Weight:

Shipping Cost:

Method:

FOB Point:

Weight:

Shipping Cost:

Method:TCN:

62

TOTAL SMALL BUSINESS SET-ASIDEDETERMINATION TO SOLICIT / AWARD ON AN UNRESTRICTED BASIS

REF: ________________________________________________________________[Purchase Request and/or Solicitation Number(s)]

1. The purchase of this requirement must be solicited on an unrestricted basis for one or more of the following reasons:

A large business or foreign country manufacturer has been sole sourced as evidenced by the attached statement.

As evidenced by the attached urgency or mission impact statement, a large business or foreign country manufacturer is the only known source and there is not enough time to wait for small business responses to public notice or conduct a market search.

No small business responses were received after the required public notification was made or a market search was conducted.

Although more than one small business was solicited for this requirement, only one small business quote was received; and the price is not considered fair and reasonable.

Small business (es) has/have been solicited but cannot meet the required delivery date and the requisitioner cannot accept a later date. The item(s) offered by small business (es) does/do not meet the salient characteristics required by the requisitioner.

Other: _________________________________________________________________

______________________________________________________________________

2. In accordance with FAR subpart 19.502, and based on the above information, this requirement will not be set-aside, or the set-aside is being withdrawn and solicitation and/or award will be made on an unrestricted basis.

PREPARED BY: ___________________________Buyer Sign and Date

IF OVER $10,000, REVIEWED BY: ______________________________________(Comments on Reverse) Small Business Specialist Sign & Date

APPROVED BY: __________________________________________________________Contracting Officer

63