Sources A.58 Has use of priority sources and existing contracts (FSS, IDIQ, GWACs) been considered? FAR 8.002 A.59 If purchasing supplies of the classes listed in the FPI Schedule, was market research conducted to determine comparability w/FPI item and written determination made? FAR 8.602(b) (required > $3.000) A.60 If interagency acquisition, have proper procedures been followed? FAR 8.404, 17.501, 17.502,17.503, 17.504 EIT/EPA A.61 If acquiring EIT supplies/services, was Section 508 compliance assured, proper standards included in AP and SOW/PWS, or exception documented? FAR 39.203; HHSAR 311.7001; 339.2 A.62 If acquiring EIT supplies/services, including EIT deliverables such as electronic documents and reports), has a separate technical evaluation factor or a mandatory qualification factor been included in the RFP? 315.304 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments A.63 If EIT products/services required subject to Section 508, are commercially available HHSAR 312.202(d)
A.95 If an incentive-fee or award-fee type contract is being used, has the required D&F been executed and signed by the HCA, and is compliance with FAR assured? FAR 16.404(b), 16.301-3, 16.401(e)(3) Synopsis A.96 If no FAR exception, has FedBizOpps (FBO) notice been properly published? FAR 5.101 (>$25,000), 5.202, 5.203(a) (may be < 15 days-commercial items) A.97 If subject to Trade Agreements Act (TAA), has proper note been included in Synopsis? FAR 25.408 A.98 If CO believes that advance notice is not appropriate, has memo requesting relief from synopsizing been approved by HHS? HHSAR 305.202 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments A.99 If brand name specifications, did CO include justification or documentation required in FBO? FAR 6.302-1(c), 6.305(c), 13.501, OFPP memo 4/17/06 A.100 If notice in GPE (i.e., FBO) is not required, is file documented re: use of name specifications? FAR 11.105, OFPP Memo 4/17/06
A.101 If noncompetitive acquisition requiring synopsis, was it properly documented, issued in FedBizOpps or is a draft synopsis in the file? FAR 5.201, 6.302; 6.305, 6.4, 6.5 A.102 If commercial item and streamlined procedures (combined synopsis/solicitation), was synopsis prepared properly? FAR 12.603(c) A.103 If Safety Act is applicable, does pre-solicitation notice state that pre-qualification designation notice has been requested and either issued or denied by DHS? If designation notice has been issued, has it been incorporated into RFP? FAR 50.205-2(b) A.104 If Safety Act is applicable, has the contracting officer determined whether a block designation or a block certification has been granted by DHS? FAR 50.205-1(a) No. Action Item NIH Policy Part Yes No N/A Comments A.105 If RFI, have HHS standard instructions for this purpose been followed and “Special Notice” been used? FAR 10.002(b)(2)(iii) and 15.201(d); HHSAR 315.201(e)(4), 319.202-2; (HHS APM
A.112 Is past performance an evaluation factor or is there documentation in the file as to why past performance will not be considered? FAR 15.304(c)(3)(ii), HHSAR (competitive >Simplified Acquisition Threshold (SAT)) A.113 Did evaluation factors and significant subfactors include extent of participation of SDB concerns in performance of the contract? FAR 15.304(c)(4) A.114 If bundling and significant subcontracting opportunities exist, do evaluation factors/subfactors assure evaluation of offeror’s past attainment of SB goals? FAR 15.304(c)(3)(iii) No. Action Item NIH Policy Part Yes No N/A Comments A.115 If bundling and significant subcontracting opportunities exist, do evaluation factors/subfactors include evaluation of proposed SB goals in offeror’s subcontracting plan? FAR 15.304(c)(5) A.116 Do evaluation factors/subfactors assure that offerors are not unfavorably evaluated if telecommuting included, unless it FAR 15.304(c)(6), 7.108(b)
prohibited and CO executed determination ? A.117 Does RFP clearly state all factors and subfactors and their relative importance? FAR 15.304(d), HHSAR A.118 If acquiring EIT, is there a separate technical evaluation factor or mandatory qualification criterion to determine offeror compliance with applicable Section 508 accessibility standards? HHSAR 315.304 IDIQs A.119 If IDIQ, are multiple awards anticipated, or does the file justify why a single award is contemplated? FAR 16.504(c) A.120 If IDIQ, have procedures for ordering been included? FAR 16.504 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments A.121 If IDIQ, have minimum and maximum quantities been included? FAR 16.504 A.122 If IDIQ, has period of performance been included? FAR 16.504 Misc. Issues A.123 Does the RFP include time of delivery or performance schedule? FAR 11.4 A.124 If commercial item acquisition for items >Simplified Acquisiton FAR 12.203, 13.5
B.14 If oral RFP used, is there compliance with FAR? FAR 15.203(f) B.15 If letter contract and a sole source acquisition, is there compliance with FAR? FAR 15.203(e) No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments B.16 If purchasing supplies of classes listed in Federal Prison Industries (FPI) Schedule but not determined comparable based on market research, has the RFP been provided to FPI (unless available through FedBizOpps)? FAR 8.602(a)(4)(ii) B.17 If Qualified product, have FAR requirements been followed? FAR 9.2, 14.210 B.18 If liquidated damages, is the clause proper? FAR 11.503 B.19 If brand name specifications used, did CO include with the RFP required justification or documentation? FAR 6.302-1(c), 11.105, OFPP Memo 4/17/06 B.20 If potential conflict of interest is involved, does RFP include appropriate provisions? FAR 9.504(b), 9.506(b)(1)-(3), NIH Manual 6009-1 B.21 If contractor will have physical access to a federally-controlled facility or access to a federal information system, has FIPS PUB FAR 4.13 and 52.204-9, HHSAR 304.13, 339
B.41 If options included, does the RFP the term to 10 years for services (except those subject to SCA – 5 years), and 5 years for supplies? (N/A for IT contracts and R&D contracts) FAR 17.204(e), HHSAR 317.204(e) B.42 If options included, is provision at FAR 52.217-5 included? FAR 17.202(a) No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments B.43 If options are used as a part of contract, has performance of non-severable services been limited to 5 years? HHSAR 317.107 B.44 If option to extend term of contract is included, did RFP include a method to provide allowance for increases/decreases in labor costs resulting from inclusion of current WDs upon exercise of options? FAR 22.404-12 IDIQ B.45 If IDIQ contract contemplated, are multiple awards being made or is there a justification for a single award? FAR 16.5 B.46 Does the RFP specify the period of performance, the minimum and maximum quantities, procedures for fair opportunity, etc. necessary under IDIQ contracts? FAR 16.504(a)
B.70 If PBA methods used, is Performance Work Statement (PWS) or Statement of Objectives (SOO) in RFP, and a Quality Assurance Surveillance Plan (either in RFP or to be dev. by offeror)? FAR37.604, 46.401(a) SECTION C – RECEIPT, EVAUATION AND AWARD No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments Receipt C.1 Have proposals been received no later than time set for receipt of offers, and if not, are late proposals handled properly? FAR 15.208, HHSAR 315.208 C.2 Are proposal modifications, revisions, or withdrawals handled properly? FAR 15.208, 315.208 C.3 If proposal from FPI received, was it timely and if so, was it properly considered? FAR 8.602(b)(4)(ii) C.4 If electronic proposals were permitted, were any unreadable electronic bids handled properly? FAR 15.203(c) Evaluation C.5 If R&D was composition of technical evaluators proper? HHSAR 315.305 (a)(3)(ii) (F), NIH Manual 6315-1 C.6 If unsolicited proposal, were procedures appropriately followed? FAR 15.6, HHSAR 315.6
C.24 Is a technical evaluation report in the file and does it contain a report of relative strengths and weaknesses of each offeror? FAR 15.305, HHSAR 315.305(a)(3)(vi) C.25 Was small business subcontracting evaluation accomplished properly? FAR 15.305(a)(5) No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.26 Has the Project Officer completed the Project Officer Technical Evaluation Questionnaire and have his/her comments been taken into account during negotiations? HHSAR 315.305, NIH Manual 6015-1 and C.27 Is cost or price evaluation compliant? FAR 15.305(a)(3), 15.404-1(a)-(c), HHSAR 315.305 Communications C.28 If award to be made without discussions, were exchanges limited to clarifications? FAR 15.306(a) C.29 Have communications held with offerors before establishment of competitive range been compliant? FAR 15.306 Competitive Range C.30 Has competitive range determination been sufficiently documented? FAR 15.306(c) 1
C.52 If fee contract, is it compliant with limitations in FAR? FAR 16.401(e)(5), 16.301-3, 16.401 C.53 If award fee contract, has award fee plan been established outlining the procedures for evaluating award fee and Award Fee Board established for conducting this evaluation? FAR 16.401 C.54 Are all required clauses included in contract? FAR Matrix NCI Workform (DGS) No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.55 Does the contract, as applicable, include language regarding GAO’s right to interview current contractor employees when conducting audits? FAR 52.214-26, 52.215-2 (Use Alt. 1 if Recovery Act funds used) C.56 Has CO resolved any conflict, or potential conflict of interest before contract award? FAR 9.506(d), 9.503 C.57 If conflict of interest existed that could not be avoided or mitigated, did CO notify contractor, provided the reasons, and allow the contractor a reasonable period to respond? FAR 9.504(e)
C.63 If COTS being acquired, has component test of Buy American Act been waived, as required? FAR 25.100, 25.101; 12.505 C.64 If applicable, were offerors provided current wage determination prior to submission of final proposal revision? FAR 22.10 C.65 If applicable, did CO properly report violation or possible violation of Integrity Act? FAR 3.104-7; HHSAR C.66 If applicable, were suspected/reported violations of the Covenant Against Contingent Fees reported properly? FAR 3.405; HHSAR 303.405 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.67 If applicable, has the proper language regarding Personal Identity Verification been included in the contract? HHSAR 304.13 C.68 Has price reasonableness been established, based on adequate price competition, prices set by law or regulation, commercial items? FAR 15.406-3, HHSAR 315.372 C.69 Is an adequate, signed negotiation memorandum (“Summary of Negotiations”) in the file? FAR 15.406-3, HHSAR 315.372 C.70 Is Summary of Negotiations internally consistent w/ FAR (8);
C.82 Was there an approved subcontracting plan, if applicable? FAR 19.702(a)(2) (req. for LB award over $650K) C.83 If subcontracting plan is applicable, has it been included as a part of the contract? FAR C.84 Was EEO Clearance received? FAR 22.805 (required >$10M exc. Construction C.85 If applicable, are finance payments established in contract only to extent actually needed for performance? FAR 32.1004(b), 32.104 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.86 If performance/payment bond required, are they in the file and documented? FAR 28.103-1 C.87 Is written assurance that adequate funds are available (funds certification), or is award conditioned on availability of funds? FAR 32.702, 32.703-2 C.88 Is contract signed by a warranted CO within his/her authority? FAR 1.601, 4.101 C.89 Was preaward notice furnished to offerors if small business set-aside, or SDB concern received benefit based on disadvantaged status, or FAR 15.503(a)(2)(i) (A), (B), (C) (D) (E)
if using HUBZone procedures, or if using service-disabled veteran owned procedures, or if using WOSB proceudures? C.90 If contract involves human subjects, have proper assurances been obtained and applicable clause been included? 370.3; NCI Workform C.91 If R&D contract for Phase II, III or IV clinical trial, is clause titled “Registration of Clinical Trials in the Government Database” included as appropriate? NCI Workform C.92 Is there evidence of an internal file review of contract and documentation? NIH Manual 6304.71 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.93 Is draft FedBizOpps Award Notice in file? FAR 5.301 (required >$25K) C.94 Is draft public award announcement in file (“Congressional Liaison Office”)? FAR 5.303(a), HHSAR 305.303(a) (required by HHSAR > $3.5M) C.95 If multi-year contract includes a cancellation ceiling in excess of $12.5 million, has Head of Agency provided appropriate written FAR 17.108, HHSAR 317.108
C.104 Has animal clearance/assurance been obtained? 370.401; NIH Manual 6380-2; NCI Workform C.105 If advance payments appropriate is executed D&F in file? FAR 32.402(c) C.106 If applicable, has the requirement to use E-Verify been included? FAR 22.1803, 52.222.54 C.107 If the contract is for non-severable services, has the prohibition against the use of incremental funding been followed? HHS Acq.Policy Memo 2010-01, “Guidance Regarding Funding of Contracts Exceeding 1 Year of Performance”; HHSAR 332.702-70 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.108 If applicable, is the guidance at HHS Acquisition Policy Memo 2010-01 correctly applied? HHS Acq. Policy Memo 2010-01, “Guidance Regarding Funding of Contracts Exceeding Year of Performance”; HHSAR 332.7 C.109 Does contract contain precise requirements for progress reports, if applicable? NCI Workform C.110 Is source selection proper and sufficiently documented? FAR 15.308 C.111 Does contract reflect agreement of the parties? 315.371(a)(2)
C.112 If appropriate, are CAS clauses included in contract? FAR 30.201 -4, App. 9903-2 C.113 If required, is consultant certification in file? FAR 9.504-4, NIH Manual 6009-1 C.114 Has written postaward notice been provided within 3 days after contract award to each offer in competitive range but not selected for award and has debriefing been held if requested by unsuccessful offerors? FAR 15.503(b), 15.505, 15.506 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.115 Has the contracting officer assured that no funds are obligated or expended if the contractor has not submitted a required annual VETS-100 with respect to the preceding fiscal year if applicable ()? FAR 22.1302 C.116 Has the contracting officer assured that no prohibited sources are receiving an award? FAR 25.7 C.117 Has CO ensured that, for award of a HUBZone Contract, the awardee is a HUBZone small business concern at both time of initial offer and time of award? FAR 19.1303(d) SECTION D – Contract Administration
No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments Administrative Actions D.1 Is COTR designated in writing prior to award, along with responsibilities, and does COTR/PO have training in accordance with FAR and HHSAR requirements or has a waiver obtained? FAR 1.602-2; 301.604-70, 301.604-74, 301.605, 301.606 D.2 Does COTR/PO have training in accordance with HHSAR requirements or has a waiver obtained? HHSAR 301.604-74, 301.605, 301.606 D.3 Has compliant postaward debriefing been held if requested and is a record in the file? FAR 15.506 D.4 If was noncompetitive under FAR 6.302-1, 6.302-2, or has the required justification (JOFOC) been made available at the agency website and within the required time after award, and properly edited? FAR 6.301, 6.302-2. D.5 If FAR 52.219-28 was included in contract, did contractor represent its size status upon occurrence of events stipulated and was the representation timely? FAR 19.301-2(b), 19.308(d), 52.219-28(b)
No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments D.12 If prime contractor with contract for noncommercial items in excess of $5 million conducts a procurement under the contract that exceeds the simplified acquisition threshold (when acting as a purchasing agent for the Government, has the contractor performed market research? FAR 44.402(b) D.13 If task/delivery order under IDIQ in excess of simplified acquisition threshold, has market research been conducted prior to placing order? FAR 10.001(a)(v) D.14 If task/delivery does not provide fair opportunity, has proper statutory exception been cited and determination made? D.15 If task/delivery order over $3,000 but not over SAT, and if exception to fair opportunity is logical (FAR 16.505(b)(2)(i)(C), has CO documented file properly? FAR 16.505(b)(2)(i) (C) D.16 If task/delivery order over SAT and exception to fair opportunity is used, is justification properly completed and approved at the proper level, and is file properly documented? FAR 16.505(b)(2)(ii)
No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments D.17 If task/delivery over SAT and exception to fair opportunity is used, has posting requirement been properly followed? FAR D.18 If task/delivery order over $5M under IDIQ, does requirement sent under fair opportunity provide proper information? FAR 16.505(a)(9)(b) (iii) D.19 If task/delivery under IDIQ in excess of $5M, has CO properly notified unsuccessful offerors? FAR 16.505(b)(4) D.20 If task or delivery order over simplified acquisition threshold is against a contract awarded by another Federal agency (i.e., GWAC or MAC), has past performance evaluation been performed? FAR 45.1502 D.21 As applicable, has CO bilaterally modified task order/delivery order contract to include FAR 52.203-16 regarding conflicts of interest? FAR 3.1103, 3.1104, 3.1105, 3.1106; D.22 Has the CO reported to FAPIIS (through ) on the integrity and performance of covered Federal agency contractors, and, as applicable, entered a determination? FAR 9.104-7; 42.1502
D.47 Has CO consulted OGC in resolving dispute CDA? HHSAR 333.211 D.48 Has CO successfully resolved claim under CDA? FAR 33.210 D.49 Has CO rendered final decision IAW FAR & agency provisions? FAR 33.211, HHSAR 333.211 D.50 If applicable, is alternate dispute resolution process used? FAR 33.214 No. Action Item NIH Policy Part Yes No N/A Comments Management D.51 If mistake after award, have appropriate procedures been followed? FAR 15.508 D.52 If options included in contract, have they been executed properly and documented? FAR 17.207 D.53 If contract involves acquisition of EIT subject to Section 508, has the CO ensured that the contractor has provided a properly completed HHS Section 508 Annual Report and has the Report been approved by the CO and ? 317.207 D.54 Have contractor’s invoices been reviewed/approved/disapproved in a timely manner? FAR 32 D.55 If action to reduce or suspend progress payments, or to increase the liquidation rate, has the CO FAR 32.503-6, 52.232-16
D.69 If progress payments based on costs are used, and payments are reduced or suspended, has the contracting officer taken proper action and documented the contract file? FAR 32.503-6 (see FAR 32.500 for applicability) D.70 If progress payments based on costs are used, are progress payments commensurate w/fair value of work accomplished or, if not, are progress payments adjusted as required? FAR 32.503-6(f) and (g) (see FAR 32.500 for applicability No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments D.71 If progress payments are used, has limitation on making such payments been correctly determined? FAR 32.501-3 (See FAR 32.500 for applicability) D.72 If performance-based payments, has finance request for performance criterion successfully accomplished been reviewed and approved? FAR 32.1007 D.73 If applicable, has CO identified & demanded payment of a contract debt? FAR 32.603, 32.604 D.74 As required, has the contracting officer ensured that contractors have implemented the mandatory contractor business ethics program requirements? FAR 42.302