# Presentation: 668318

## NIH Board of Contract Awards Expectations and Repetitive Issues

- 2006 NIH Acquisition Symposium

## Why?

- Required by regulation
- FAR requires agency Procurement Executives to oversee the agency’s acquisition system
- HHSAR requires the HCA to conduct an “effective and efficient acquisition program that includes the establishment of adequate controls to assure compliance with applicable laws, regulations, procedures and the dictates of good management practices”

## More on Why

- HHSAR also requires the HCA to establish procedures for the review and approval of proposed contract actions to ensure that:
- Actions are in conformance with law, established policies and procedures and sound business practices
- Actions properly reflect the mutual understanding of the parties
- The Contracting Officer is informed of deficiencies and items of questionable acceptability and corrective action is taken.

## How?

**Manual Chapter 6304.71 – Presolicitation and Preaward Review and Approval of Proposed Contract Actions**
- Establishment of the Board
- Submission of Files
- Composition of the Board
- Identification of Substantive/Advisory Issues
- Preparation and Finalization of the Minutes
- OA Response to the Minutes

## Important Dates

- November 30 – OA Directors are to provide a list of files to be submitted to the Board
- Five working days allowed for presolicitation reviews
- Seven working days allowed for preaward reviews
- Cut-off date – 10 working days before the end of the fiscal year

## Expectations

- Submission of files throughout the fiscal year
- Proper documentation including documentation of internal review
- Timely response to Board minutes – due 30 working days from date of review
- Responses through the OA Directors

## Repetitive/Significant Issues

- Failure to base award on all evaluation factors
- Failure to have a Subcontracting Plan when required
- Failure to obtain EEO Clearance
- IDIQ contract awarded near or at end of fiscal year must have a task order placed to start on or before the end of the fiscal year
- Minimums and maximums not stated in contract
- Multiple award IDIQ contract did not afford fair opportunity to be selected

## More on Repetitive/Significant Issues

- Failure to include Service Contract Act –related clauses and appropriate Wage Determinations
- Failure to address information required by FAR 7.105 and HHSAR 307.7105 (i.e., market research, PBA, inherently governmental functions, commercial activity)
- IT security not addressed
- Evaluation of past performance not adequately addressed
- Synopsis issues

## More on Repetitive/Significant Issues

**Financial Issues**
- Failure to adequately document financial responsibility determination
- Failure to obtain cost documentation or failure to include cost documentation in the contract file
- Failure to obtain project officer’s technical evaluation of quantitative and qualitative aspects of proposed costs [POTQ] or failure to adequately document how project officer’s comments were considered when the contract amount was negotiated

## Financial Issues (cont.)

- Inappropriately obtaining a Certificate of Current Cost or Pricing Data when
- a Price Analysis was used as the basis for determining price reasonableness OR
- cost or pricing data were not obtained

## Activity in the Works

- Revision of Manual Chapter 6304.71 – Presolicitation and Preaward Review and Approval of Proposed Contract Actions
- Development of checklists for file reviews and file preparation
- NIH AMC Subcommittee on Acquisition Policy and Implementation

## Resources

- Manual Chapter 6304.71 – Presolicitation and Preaward Review and Approval of Proposed Contract Actions _[http://www1.od.nih.gov/oma/manualchapters/contracts/6304.71](http://www1.od.nih.gov/oma/manualchapters/contracts/6304.71)_
- Findings of the NIH Board of Contract Awards _[http://oamp.od.nih.gov/Division/DAPE/dape_links.asp](http://oamp.od.nih.gov/Division/DAPE/dape_links.asp)_
- DAPE Staff

## Questions?

- Sherley Mizzell
- Director, Division of Acquisition Policy and Evaluation,
-   OAMP, OD
- _[sm109e@nih.gov](mailto:sm109e@nih.gov)__ or 301-496-6014_
- Mike Payne
- Director, Division of Financial Advisory Services,
-   OAMP, OD
- _[mp16b@nih.gov](mailto:mp16b@nih.gov)__ or 301-496-4401_