# Presentation: 669109

## The New A-76 Circular

## The Circular:  POLICY

- Designation of activities as Commercial or Inherently Governmental
- Use Standard or Streamlined Competitions
- Apply FAR and Circular
- Comply with Procurement Integrity, Ethics, Standards of Conduct, 18 U.S.C Section 208
- Designate an Agency Competitive Sourcing Official (CSO)
- Full Accountability
- Centralize Oversight
- Use COMPARE and Share A-76!
- Track Execution of Competitions
- Assist Adversely Affected Employees (5 CFR Parts 330 and 351)
- Not perform Work as a Contractor to Private Sector

## The Circular:  SCOPE

- Applies to Executive Departments (5 USC § 101)
- Exempting Commercial Activities from Private Sector Performance
- Requesting Deviations from the Circular
- Competing a New Requirement, Segregable Expansion, Contracted Work
- Identifying Execution Savings (OMB A-11)
- Does not alter law, executive order, rule, regulation, treaty, or international agreement
- Determining application during declared war or mobilization (DoD CSO)

## The Circular:  EFFECTIVE DATE29 MAY 2003

- Publication Date In *Federal Register*
- Applies to Inventories
- Applies to A-76 Competitions Initiated but not Completed
- Initiated = Competitions With a Start Date
- Date of Public or Employee Notification (Teams formed, etc.)
- DoD:   Congressional Notification per 10 USC 2461
- Not Completed = Competitions without an End Date
- Date of a Tentative Cost Comparison Decision
- A-76 Competitions
- Cost Comparisons
- Streamlined Cost Comparisons
- Direct Conversions

## The Circular:  TRANSITION

- Transition & Make Public Announcement By 30 June 2003
_**Direct Conversions**_
- Convert To Standard or Streamlined Competitions
_**Streamlined Cost Comparisons**_
- Convert To Streamlined or Standard Competitions
_**Cost Comparisons Without Issued Solicitations**_
- Convert To Standard or Streamlined Competitions
_**Cost Comparisons With Issued Solicitations**_
- Use Previous Circular _**OR **_
- Convert To Standard or Streamlined Competitions
- Cannot Selectively Combine Guidance from Old and New Circular
- Must Use New Circular for Competitions Transitioned to New Circular
- Must Use Old Circular for Competitions Not Transitioned to New Circular

## Inventory Process

- Inventory Requirements
- Categorizing Activities as Inherently Governmental or Commercial
- Commercial Activity Reason Codes
- Challenge Process

## Public-Private CompetitionPreliminary Planning

- Scope of Competition
- Grouping for Competition
- Workload Data and Systems
- Baseline Costs
- Type of Competition
- Competition Schedule
- Roles & Responsibilities of Participants

## Public-Private CompetitionCompetition Officials

- Agency Tender Official (ATO)
- Human Resource Advisor (HRA)
- Contracting Officer (CO)
- Source Selection Authority (SSA)
- PWS Team Leader

## Public-Private CompetitionPublic Announcements

- Start Date
- End Date
- Cancellation of Competition
- Cancellation of Solicitation

## Public-Private Competition

## Streamlined Competition

- Time Limit of 90-135 Calendar Days
- Existing Organization or MEO
- Solicitation or Market Research
- Streamlined Competition Form (SLCF)
- Calculate Costs of Agency, or Private Sector/Public Reimbursable
- Firewalls
- Three Separate Individuals Make Separate Certifications
- Public Announcement
- Implementing the Performance Decision

## Public-Private Competition

## Standard Competition

- Time Limit of 12-18 Months
- Team Designations
- PWS
- MEO
- SSEB

## Standard Competition

- Solicitation Requirements
- Review & Release of Information
- FAR Provisions
- Acquisition Process & Source Selection Provisions
- Unique Provisions to Agency Tender
- Solicitation Closing Date
- Compliance Matrix
- Performance Periods
- Government-Furnished Property
- Common Costs
- Performance Bond
- Incentive and Award Fees
- Phase-in Plan
- Quality Control Plan
- Quality Assurance Surveillance Plan
- Competition File

## Standard Competition

- Agency Tender
- Development
- Most Efficient Organization (MEO)
- Agency Cost Estimate
- Quality Control Plan
- Phase-in Plan
- Submission
- Changes
- Procurement Sensitivity
- Quality Control Plan
- Private Sector Offers
- Public Reimbursable Tenders
- No Satisfactory Private Sector or Public Reimbursable Source

## Standard Competition

- Source Selection Processes
- Sealed Bid Acquisition
- Negotiated Acquisition
- Lowest Price Technically Acceptable
- Phased Evaluation
- Tradeoff
- Low Cost Performance Decision
- Other Than Low Cost Performance Decision
- Special Considerations During Source Selection
- Evaluation of Offers and Tenders, Use of COMPARE
- Exchanges with Sources
- Deficiencies in an Offer or Tender
- Price Analysis & Cost Realism of Cost Proposals & Estimates

## Standard Competition

- Performance Decision
- Certification
- End Date of Competition
- Public Announcement of Performance Decision
- Debriefing
- Release of Certified Standard Competition Form
- Release of Agency and Public Reimbursable Tenders
- Implementing the Performance Decision
- Awarding the Contract and the Right of First Refusal
- Issuing the Letter of Obligation to the MEO Official
- Issuing the Fee-For-Service Agreement to a Public Reimbursable Provider

## Post Competition Accountabilityfor Streamlined and Standard Competitions

- Best Practices and Lessons Learned
- Execution Tracking
- OMB Quarterly Reporting
- Performance Monitoring
- Option Years of Performance
- Follow-on Competition
- Terminations
- Based on Failure to Perform
- Notification, Termination, and Temporary Remedies
- Based on Reasons Other Than Failure to Perform

## Contests

- Standard Competitions
- Governed by FAR Subpart 33.103
- Streamlined Competitions
- Not Permitted

## Calculating Public-Private Competition Costs

- Compliance with Attachment C Required
- COMPARE Requirement
- Two Phased Software Update
- Phase I
- Majority of Changes Automated
- Some Required Written Workarounds
- Available 30 June 2003
- Phase II
- Automation of Changes Completed
- Availability TBD
- Future Features for FY 2004
- Baseline Costing Calculation
- Export to Tracking Systems
- FY 2004 COMPARE Revalidation by DoD(IG)