all FAR and HHSAR requirements, including, as required, a discussion in the AP of Internet Protocol complaince? (>$500K – but see documentation requirements for <$500K or other exceptions at 307.7101(c)) A.3 Was acquisition plan developed by entire team and has each participant been identified in the AP? FAR 7.102(b) FAR 7.105 A.4 If RFI or exchanges with industry, were they conducted properly? FAR 15.201 A.5 If solicitation for information or planning purposes, has it been conducted properly? FAR 14.105, 15.201, HHSAR 315.201 A.6 Does AP discuss the rationale for the contract type selected and is the type appropriate for the requirement? FAR 7.103, 7.105 16.103, No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments A.7 If other than firm fixed price contract contemplated, is the acquisition plan approved and signed at least one level above the contracting officer? FAR 7.103 A.8 For other than firm-fixed price contracts, is there a discussion of strategy planned to transition to firm-fixed price contracts to the maximum extent practicable? FAR 7.105
A.53 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) No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments A.54 If EIT products/services do not meet some or all of the applicable Section 508 accessibility standards, has a commercial nonavailability exception determination been properly processed? 312.2, 339.203 OCOI/COI A.55 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.56 If significant potential for OCOI/COI, did CO provide written analysis, recommended course of action, draft RFP provision and clause language to HCA? FAR 9.504(c) 9.506(b)(1)-(3) (required unless waived by agency head) A.57 If submission of cost/pricing data >SAT but <$700K is required, has approval been obtained? FAR 15.403-4(a)
A.58 If applicable, is an approved D&F for use of a T&M or L/H contract? FAR 16.601(c) A.59 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), 316.603-3, OAMP Policy Letter 2004-01 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments A.60 If applicable, has D&F been executed for evaluation or of options? FAR 17.206 A.61 If applicable, is a properly approved D&F for use of a letter contract? FAR 16.603, HHSAR OAMP Policy Letter 2004-1 A.62 If a particular source is excluded from competition to establish or maintain alternative source(s), has determination been made and approved? FAR 6.202(b), HHSAR 306.202 A.63 If contract action with Government employee or business concern substantially owned or controlled by one or more Government employees, did CO obtain exception to policy? FAR 3.602, HHSAR 303.602 A.64 If liquidated damages planned, are they adequately documented as to FAR 11.5
performance, including Interim HHSAR coverage, being followed? 2010-1, Interim HHSAR Coverage at 307.7108, 317.1, 332.7, 352.272-71, 352.272-72. NCI Workform SECTION B – SOLICITATION PHASE No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments RFP B.1 Does RFP include proper NAICS code and size standard? FAR 19.303(a) B.2 If solicitation period consistent with FAR 5.203? FAR 5.203 (includes competitive 8(a) acquisitions) B.3 Has the RFP informed the offeror that no construction contract may be awarded to the firm that designed the project, except as provided at FAR 36.209? FAR 36.606(b) B.4 Does RFP include annual reps and certs FAR 4.1202 and 52.204-7 B.5 If electronic commerce was used to issue RFP and receive proposals, did RFP specify permitted electronic methods? FAR 15.203(c) B.6 Are proper provisions/clauses included? FAR 36.606, 36.609, 52.301
through the enhanced controls of the GPE, unless exempt? No. Action Item NIH Policy Part Yes No N/A Comments B.20 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 OCOI/OCI B.21 If potential conflict of interest involved, does solicitation include appropriate provisions? FAR 9.504(b), 9.506(d) RFP Amendments B.22 If oral notice of RFP amendment is used, is there compliance with FAR? FAR 15.206(f) B.23 If RFP is amended, have amendments been sent and was closing date extended if necessary? FAR 15.206 Evaluation B.24 Does RFP provide basis for award? FAR 15.304 Options B.25 If options included, did CO justify and document in contract file? FAR 17.205
B.26 If options included, does the RFP provide the basis for evaluation? FAR 17.203(b), HHSAR 317.201 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments B.27 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), 317.204(e) B.28 If options included, is provision at FAR 52.217-5 included? FAR 17.202(a) B.29 If options are used as a part of contract, has performance of non-severable services been limited to 5 years? HHSAR 317.107 IDIQ B.30 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) Cost/Pricing Data – Non- FP B.31 Does RFP adhere to pricing policy and used order of precedence for determining type of certified cost or pricing data required? Did CO comply with prohibition on FAR 15.402, 15.403-1, year
C.4 If option quantities or periods were solicited, was proper evaluation conducted? FAR 17.206 C.5 Do at least 50% of HHS evaluators have appropriate training? HHSAR C.6 Was small business subcontracting evaluation accomplished properly? FAR 15.305(a)(5) C.7 Is cost or price evaluation compliant? FAR 15.305(a)(3), 15.404-1(a)-(c), 315.305 C.8 Are evaluators’ certifications in file? HHSAR and (3) No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.9 Has Evaluation prepared a selection report recommending, in order of preference, at least three firms that are considered to be the most highly qualified to perform the required services? Does the report l include a description of the discussions and evaluation conducted by the board to allow the selection authority to review the considerations upon which the recommendations are based? FAR 36.602-3(d) C.10 If the firm listed as the most preferred is not the firm FAR 36.603-4(b)
been notified that negotiations have been terminated and were negotiations initiated with the next firm on the final selection list? C.19 If negotiations fail with all selected firms, has the contracting officer referred the matter to the selection authority? FAR 36.606(f) No. Action Item NIH Policy Part Yes No N/A Comments Cost/Price Analysis C.20 Have prenegotiation objectives, including profit/fee analysis, been established? FAR 15.406-1, 15.404-4, 315.404-4 C.21 Was written final proposal revision received? FAR 15.307 C.22 Has cost analysis, price analysis, cost realism been performed as required? FAR 15.404, HHSAR C.23 If cost analysis report has been provided from DFAS or through pricing information, have recommendations been followed or has the file been documented justifying why recommendations were not followed? FAR Part 15, NIH Manual 6015-1 C.24 If cost analysis was performed, is adequate evaluation of negotiated direct labor costs? FAR 31.202;
C.33 If certified cost or pricing data waived, is waiver in accordance with stipulated guidelines? FAR C.34 If CO learned that any certified cost or pricing data was inaccurate, incomplete, or noncurrent, is there compliance with procedures in FAR? FAR 15.407-1 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments OCOI/COI C.35 If COI existed that could not be avoided or mitigated, did CO notify contractor, provide reasons and allowed the contractor a reasonable opportunity to respond? FAR 9.504(e) C.36 Has CO resolved any conflict, or potential conflict of interest before contract award? FAR 9.506(d), 9.503 C.37 If CO found that it was in best interest of the Government to award contract notwithstanding a COI/OCOI, was a written waiver obtained? FAR 9503, 9.504(e) C.38 As applicable, has CO ensured that covered contractor employees performing acquisition functions closely associated with inherently governmental functions have proper procedures in place? FAR 3.1103, 3.1106, 52.203-16
C.48 Was affirmative determination of responsibility (including financial responsibility) made? FAR 9.103(b), 9.104-1; HHSAR 315.372 C.49 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 No. Action Item NIH Policy Part Yes No N/A Comments C.50 If protest before award, was it handled properly? FAR 19.305, 19.306, 19.307, 19.308, 33.1, NIH Manual 6033-1 and 6033-2 C.51 If agency protest, were OGC and NIH PCO consulted and did they concur with response prepared by contracting officer? HHSAR 333.103, C.52 If task/delivery contract over $103 million is to be awarded to a single source, has HCA approved the determination? FAR 16.504(c)(6)(D) (1) C.53 Was Excluded Parties List System (EPLS) checked? FAR 9.405(d)(1) & C.54 Was proper notification provided to unsuccessful offerors? FAR 36.607
C.55 Was an approved subcontracting plan, if applicable? FAR 19.702)a)(2) (req. for LB over $550K) C.56 If subcontracting plan is applicable, has it been included as a part of the contract? FAR C.57 Was EEO Clearance received? FAR 22.805 (required >$10M exc. Construction No. Action Item NIH Policy Part Yes No N/A Comments C.58 Are contractor’s Representations and Certifications complete and accurate or, if used, are electronic Reps & Certs referenced in contract file adequate? FAR 4.803(a)(11), 4.1201,15.204-5 C.59 If letter contract is definitization schedule included in contract? FAR 16.603-2(b) and (c) C.60 Is there written assurance that adequate funds are available (funds certification), or is the award conditioned upon availability of funds? FAR 32.702, 32.703-2 C.61 Have prenegotiation objectives, including profit or fee objectives been established? FAR 15.406-1, 15.404-1, 315.404-4 C.62 If SBSA, was preaward notice furnished to offerors, unless CO made determination of urgency? FAR 15.503(a)(2)(i)
C.63 If debriefings are held, are they conducted properly? FAR 36.607(b) (FAR 15.503, 15.506(b)-(f), 15,507(c) C.64 Is contract prepared on SF 252 and signed by a warranted CO and is amount within his/her authority? FAR 1.601, 4.101, 36.702(a) C.65 Is there evidence of an internal file review of contract and documentation? NIH Manual 6304.71 C.66 Is draft FedBizOpps Award Notice in file? FAR 5.301 (required >$25K) No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.67 Is draft public award announcement (“Congressional Liaison Office”) in file? FAR 5.303(a), HHSAR 305.303(a) (required > $3.5M) C.68 Is contractor is in CCR? FAR 4.1103, 19.1503 C.69 Has CO entered contract into (NBS) and completed DCIS documentation within required timeframes? FR 4.604(b); HHSAR 304.602 C.70 Has source selection information been appropriately marked? FAR 3.104-4 C.71 If advance payments are appropriate is executed D&F in file? FAR 32.402(c)
C.72 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 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.73 If applicable, is the guidance at HHS Acquisition Policy Memo 2010-01 being correctly followed? HHS Acq. Policy Memo 2010-01, “Guidance Regarding Funding of Contracts Exceeding 1 Year of Performance; HHSAR C.74 If applicable, is the awardee a HUBZone small business at both time of initial offer and time of award? FAR 19.1303(d) C.75 Does contract contain precise requirements for progress reports, if applicable?
D.1 If letter contract or undefinitized action, contract definitized in a timely manner. FAR 16.603 D.2 Is COTR designated in writing 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; HHSAR 301.604-74, 301.605, 301.606 D.3 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) D.4 If FAR 52.219-28 included in contract and contractor represented a changed size status to other than small, was contract properly modified and reported in DCIS/FPDS? FAR 19.301-2(d) D.5 If CO was notified of possible contractor violation of Federal criminal law, have proper procedures been followed, including coordination with OIG? FAR 3.1003(b) D.6 Has compliant postaward debriefing been held if requested and is there a record in the file? FAR 15.506 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments
NIH Policy Part D.13 If performance-based payments, has finance request for performance criterion successfully accomplished been reviewed and approved? FAR 32.1007 D.14 If applicable, has the CO identified and demanded payment of a contract debt? FAR 32.603, 32.604 Post Award Protests D.15 If protest after award, has CO determination for agency protest been handled timely? FAR 33.104 D.16 If protest after award, has CO obtained concurrence from Protest Control Officer (and OGC, if agency protest)? HHSAR 333.103(f)(2)(iii) D.17 If protest after award, has CO followed appropriate protest procedures in response to protest filed with GAO? FAR 33.104, HHSAR 333.104 NIH Manual 6033-1 & 6033-2 D.18 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) D.19 If applicable, has D&F to allow performance been properly approved? FAR 33.104(c) & (d), 333.104(c) & (d), NIH Manual 6033-2
No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments Modifications and Change Orders D.20 Are contract modifications properly documented, citing correct authority and funding, within scope, and issued properly as unilateral or bilateral? FAR 43 D.21 If modification is for new work, is approved JOFOC in file? FAR 6.303, HHSAR 306.303, JOFOC Desk Guide D.22 Did CO ensure availability of prior to issuing modification/change order? D.23 As applicable, has CO modified existing contracts on a bilateral basis in compliance with FAR 52.204-10? FAR 52.204-10 (>25K) D.24 If contract modification for a commercial item, has CO complied with prohibition on obtaining certified cost or pricing information? FAR 15.403-1 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments
No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments D.36 Has CO made a timely response to contractor dispute under CDA? FAR D.37 Has contractor submitted certified claim under CDA? FAR 33.207 D.38 Has CO consulted OGC in resolving dispute CDA? HHSAR 333.211 D.39 Has CO successfully resolved claim under CDA? FAR 33.210 D.40 Has CO rendered final decision IAW FAR & agency provisions? FAR 33.211, HHSAR 333.211 D.41 If applicable, is alternate dispute resolution process used? FAR 33.214 Management D.42 If mistake award, have appropriate procedures been followed? FAR 15.508 D.43 If options included in contract, have they been executed properly and documented? FAR 17.207 D.44 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 COTR? 317.207 D.45 Have contractor’s invoices been reviewed/approved/disapproved in a timely manner? FAR 32
No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments D.69 If applicable, has CO monitored the adequacy of the contractor’s accounting system during the period of contract performance? FAR 42.302(a)(12) D.70 As required, has the contracting officer ensured that contractors have implemented the mandatory contractor business ethics program requirements? FAR 42.302 SECTION E – Contract Closeout No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments E.1 Has 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 E.4 If applicable, as adequate final 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 final past performance evaluation been submitted to PPIRS? FAR 42.1502, 42.1503 (over SAT)