SOW/SOO A.38 Is Purchase description/statement of work, specification, etc. adequate, encouraging competition or ensuring fair opportunity process, properly describing commercial products/services, if applicable, limiting use of “brand name or equal” unless justified, and following established purchase description order of preference? FAR 11.002, 11.101(a) No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments A.39 Did requirements documents and solicitations comply with the policy at FAR 11.002(d) regarding procurement of biobased products, products containing recovered materials, environmentally preferable products and services, including Electronic Product Assessment Tool electronic products, nontoxic or low-toxic alternatives, ENERGY STAR and products, renewable energy, water-efficient products and non-ozone depleting products? FAR 7.103, 11.101, FAR 23.1, 23.2, 23.4 A.40 If applicable, is there a requirement to purchase recycled content and biobased products which meet or designated FAR 23.403
exceed the minimum recycled or biobased content of an EPA or USDA product? A.41 If construction, are requirements of E.O. included and does FedBizZOpps notice contain the proper description? FAR 5.207(c)(11), 36.104 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments A.42 If electronic commerce methods are not used, does solicitation state that contractors are required to submit paper documents to the Government related to the acquisition printed or copied double-sided on at least 30% postconsumer fiber paper? FAR 4.302(b) A.43 If applicable, does solicitation for contractor-operation of Government-owned or leased facilities or vehicles located in the U.S. comply with EMS requirements? FAR 23.9 A.44 If requirement is for electronic products, are the Electronic Product Environmental Assessment Tool (EPEAT) standards being used? FAR 23.705 A.45 If Government property is to be furnished to contractor, did CO assure that required criteria are met? FAR 45.102
A.56 If interagency acquisition, have proper procedures been followed? FAR 8.404, 17.501, 17.502, 17.503, 17.504 A.57 Has consideration been given to setting aside a part of a multiple award contract for small business concerns? FAR 12.207, 16.505(b)(2)(i)(F) 19.502-4, 19.1309, 19.1407, 19.1506 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments EIT/EPA A.58 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.59 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? HHSAR 315.304 A.60 If EIT products/services required subject to Section 508, are commercially available products/services be acquired to the maximum extent practicable while ensuring Section 508 compliance? HHSAR 312.202(d) A.61 If EIT products/services do not meet some or all of the applicable HHSAR 312.2, 339.203
and NIST guidance and standards being followed? A.67 If commercial IT is acquired, has exemption from Buy American Act been assured? FAR 25.103(e) No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments A.68 If IT requirement, are appropriate IT security policies and requirements, including use of common security configurations available from NIST at incorporated in RFP? FAR 39.101(d), HHSAR 339.1, 352.239-70 OCOI/COI A.69 If potential for OCOI/COI has been determined, did CO obtain assistance/advice of technical specialists and OGC in evaluating potential conflicts? FAR 9.504(b) (required unless waived by agency head) A.70 If significant potential for OCOI/COI, has CO provided written analysis, recommended course of action, draft RFP provision and contract clause? FAR 9.504(c); 9.506(b)(1)-(3) (required unless waived by agency head) A.71 If IDIQ >$103M (including all options), is D&F approved by HCA in file? FAR 16.504(c)(1)(ii)D
A.72 If applicable, has D&F been executed for evaluation or of options? FAR 17.202(a), 17.206 A.73 If circumstances described at HHSAR 317.7003 or 317.7004 are present, have necessary D&Fs been prepared and approved? HHSAR 317.7003, 317.7004 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments A.74 If submission of cost/pricing data >SAT but <$700K, has approval been obtained? FAR 15.403-4(a) A.75 If applicable, is there an approved D&F for use of a T&M or L/H contract? FAR 16.601(c) A.76 If contracting used, has HCA determination been properly executed, or if conditions at HHSAR 317.105-1(b) are present, is SPE approval obtained and Congress notified, as applicable? FAR 17.105-1, 317.105, 317.108 (including interim HHSAR coverage) A.77 If options used as part of multi-year contract, is the performance of a non-severable service no longer than 5 years? HHSAR 317.107 A.78 If applicable, is there an approved D&F for use of a letter contract and has it been properly approved? FAR 16.603-3(a), HHSAR OAMP Policy Letter 2004-01
days-commercial items) A.91 If non-competitive acquisition under a FAR Part 6 exception requiring advertising in FedBizOpps, has the synopsis been issued or is a draft synopsis in file? FAR 6.3, 6.4, 6.5, HHSAR 306.2, 306.3, 306.5 A.92 If CO believes that advance notice is not appropriate, has memo been sent to HHS requesting relief from synopsizing and has it been approved? HHSAR 305.202 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments A.93 Did advance notice disclose magnitude of construction project in of price ranges? FAR 36.204 A.94 Is there a compliant presolicitation notice (or waiver)? FAR 36.213-2(b) (unless waived by HCA) A.95 If brand name specifications were used was justification documented in file and posted to the GPE system (i.e., FedBizOpps [FBO]) with RFP? FAR 6.302-1(c), 6.305, 11.105, OFPP Memo 4/17/06 A.96 If notice in GPE (i.e., FBO) is not required, is file documented re: use of brand name specifications? FAR 11.105, OFPP Memo 4/17/06
(competitive >SAT) A.108 Did evaluation factors and significant subfactors include extent of participation of SDB concerns in performance of the contract? FAR 15.304(c)(4) A.109 If bundling and significant subcontracting opportunities do evaluation factors/subfactors assure evaluation of offeror’s past attainment of SB goals? FAR 15.304(c)(3)(iii) No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments A.110 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.111 Do evaluation factors/subfactors assure that offerors are not unfavorably evaluated if telecommuting included, unless it prohibited and CO executed determination ? FAR 15.304(c)(6), 7.108(b) A.112 Does RFP clearly state all factors and subfactors and their relative importance? FAR 15.304(d), HHSAR
B.15 If contract will require contractor to have physical access to a facility or access to a federal information system, has FIPS PUB 201, associated OMB guidance, and requirement for inclusion of proper clause been followed? FAR 4.13 and 52.204-9; HHSAR 304.13, 339 B.16 Does RFP include arrangements made for site inspection and examination of data concerning performance of work? FAR 36.210, 35.213-3(c)(5) B.17 Does RFP include information concerning facilities to be furnished during construction? FAR B.18 Does RFP include information concerning pre-proposal conference, if applicable? FAR 36.213-3(c) B.19 Does RFP include special qualifications or experience requirements to be considered in determining responsibility of offerors, if applicable? FAR 9.1, B.20 If applicable, are samples specified as required? FAR 14.202-4 B.21 If applicable, is descriptive literature specified as required? FAR 14.202-5 B.22 If applicable, are qualified products specified as required? FAR 9.2, 14.210 No. Action Item Yes No N/A Comments
the enhanced controls of the GPE, unless exempt? B.36 Does the RFP include requirement for contractor code of business ethics and conduct, and a hotline poster display, as applicable? FAR 3.10 B.37 If contract or order (including task or delivery order) exceeds simplified acquisition threshold, and is a cost reimbursement type contract/order, have the proper clauses regarding Limitations on Pass-Through Charges been included? FAR 15.408, 52.215-22, 52.215-23 B.38 If required, does solicitation include requirement for FAR 28 B.39 Does IFB include annual reps & FAR 4.1202 and 52.204-7 B.40 If PBA methods used, is a Performance Work Statement (PWS) or Statement of Objectives (SOO) included in IFB, as well as a Quality Assurance Surveillance Plan (either in IFB or to be developed by offeror)? FAR 37.604, 46.401(a) No. Action Item NIH Policy Part Yes No N/A Comments OCOI/COI B.41 If potential conflict of interest involved, does solicitation include appropriate provisions? FAR 9.504(b), 9.506(d); NIH Manual 6009-1 RFP Amendments
B.51 If options included, does the RFP provide the basis for evaluation? FAR 17.203(b), HHSAR 317.201 B.52 If options included, does the RFP limit 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.53 If options included, is provision at FAR 52.217-5 included? FAR 17.202(a) B.54 If option to extend term of contract is included, did RFP include a method to provide allowance for increases/decreases in costs resulting from inclusion of current WDs upon exercise of options? FAR 22.404-12 B.55 If options are used as a part of multi-year contract, has performance of non-severable services been limited to 5 years? HHSAR 317.107 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments IDIQ B.56 If IDIQ contract contemplated, are multiple awards being made or is there a justification for a single award? FAR 16.5 B.57 Does the RFP specify the period of performance, the minimum and maximum quantities, procedures for FAR 16.504(a)
C.30 Have proposal proposal revision been handled properly? FAR 15.307, HHSAR 315.307 C.31 Have any finalization of details with the selected source taken place, and if so, are they in accordance with established guidelines? HHSAR 315.370 Cost Analysis C.32 Has cost analysis, analysis, cost realism been performed as required? FAR 15.404, HHSAR C.33 If cost analysis was performed, is there adequate evaluation of negotiated direct labor costs? FAR 31.202; OMB Circular No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.34 If cost analysis was performed, is adequate evaluation of negotiated fringe benefit costs? FAR 31.202; OMB Circular C.35 If cost analysis was performed, is there adequate evaluation of negotiated materials and supplies costs? FAR 31.202; OMB Circular C.36 If cost analysis was performed, is adequate evaluation of negotiated other direct costs? FAR 31.202; OMB Circular C.37 If cost analysis was performed, is there adequate evaluation of negotiated indirect costs? FAR 31.202; OMB Circular
C.38 If indirect costs proposed meet the definition of “excessive charge”, are they considered unallowable? FAR 31.203 C.39 If applicable, was the Salary Rate Limitation correctly applied and is the Salary Rate Limitation clause included in the contract? HHSAR C.40 If cost analysis report has been provided from DFAS or through field pricing information, have recommendations been followed or has the file been documented justifying why the recommendations were not followed? FAR Part 15, NIH Manual 6015-1 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.41 Has subcontract pricing been appropriately considered? FAR 15.404-3 C.42 Has profit been adequately analyzed? FAR 15.404-4, HHSAR C.43 If certified cost or pricing data was required, did contractor execute a proper Certificate of Current Cost or Pricing Data? FAR 15.406-2 C.44 If certified cost or pricing data waived, is waiver in accordance with stipulated guidelines? FAR
C.58 Is an adequate, signed negotiation memorandum (“Summary of Negotiations”) in the file? FAR 15.406-3, 315.372 C.59 Does Summary of Negotiations adequately address negotiated amounts for each contract period? FAR HHSAR 315.372(g) C.60 Is Summary of Negotiations internally consistent with the cost/price amounts for each contract period and with the contract document? FAR (8); HHSAR 315.372(g) C.61 If Facilities Capital Cost of Money was proposed/negotiated, was a dollar-for-dollar offset made to fee or profit objective? FAR 31.205-10 C.62 Was affirmative determination of responsibility (including financial responsibility) made? FAR 9.103(b), 9.104-1; 315.372 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.63 Is there adequate documentation in file to support responsibility determination (e.g, current balance sheet analysis with financial ratios computed, a current D&B report, line of verifications, etc.)? FAR 9.104-1 C.64 If non-responsible offer from small business, was nonresponsibility determination referred to SBA? FAR 9.103
work accomplished or, if not, are the progress payments adjusted as required? 32.500 for applicability) D.27 If progress payments are used, has the limitation on making such payments been correctly determined? FAR 32.501-3 (See FAR 32.500 for applicability) D.28 If applicable, has the CO identified and demanded payment of a contract debt? FAR 32.603, 32.604 PROTESTS D.29 If protest after award has CO determination for agency protest been handled timely? FAR 33.104 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments D.30 If applicable, has D&F to allow performance been properly approved? FAR 33.104(c) & (d), HHSAR 333.104(c) & (d), NIH Manual 6033-2 D.31 If protest after award, has CO obtained concurrence from Protest Control Officer (and OGC, if agency protest)? HHSAR 333.103(f(1) and (2)(iii) D.32 If protest after award of task/delivery order under IDIQ, is it only on the basis that order increases scope, period, or maximum value of contract? FAR 16.505(a)(9)(i)
program office to fund/terminate contract, fixed fee unadjusted? D.68 Have debarment/suspension procedures been properly followed? FAR 9.4, HHSAR 309.4 D.69 Has there been consent to subcontracts or approved system? FAR 44.201 D.70 Was an analysis conducted of the contractor’s property management policies, procedures, practices and systems, and if noncompliant, did CO provide written notification as required? FAR 45.105 D.71 Has Value Engineering Change Proposal (VECP) been received and processed appropriately? FAR 48.103 D.72 Are subcontracting compliance reports submitted by prime contractor and subcontractors (using eSRS), and have they been evaluated? FAR 19.704(a)(10), 19.705-6, 19.705-7, 19.706 (Required for Large Bus. >$1M) D.73 If applicable, has award fee evaluation been properly conducted? FAR 16.404(a)(2), 16.405-2(b)(3) No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments D.74 Did CO ensure that contractor was furnished DOL Form WH-1321? FAR 22.404-10 D.75 If action taken to reduce or suspend progress payments, or to increase the liquidation rate, has the CO FAR 32.503-6, 52.232-16
No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments E. 1 Has final payment/settlement been made? FAR 4.804-5 E.2 Have administrative closeout procedures been accomplished? FAR 4.804-5 E.3 Has contract completion statement been prepared? FAR 4.804-5(b) E.4 If applicable, as adequate indirect cost proposal been submitted and verified? FAR 42.705 E.5 If applicable, have quick closeout procedures been used? FAR 42.708 E.6 Has disposition of GFP/GFE been addressed? FAR 45.603 E.7 Has past performance evaluation been submitted in PPIRS? FAR 42.1502, 42.1503 (over SAT) E.8 If applicable, has a contract in accordance with agency procedures been performed? HHSAR 304.804-70 E.9 Have storage, handling & disposal of contract files been accomplished in accordance with agency procedures? FAR 4.805 E.10 Has closeout been accomplished in a timely manner? FAR 4.804-1 E.11 Has the HHS GWAC contract been used to accomplish closeout, or has a justification been prepared for the file? HHS guidance E.12 Have excess funds been deobligated and returned to customer? FAR 4.804-5