NIH Board of Contract Awards Review Checklist CONSTRUCTION (SEALED BIDDING) ACQUISITIONS Review Type ( ) Presolicitation ( ) Preaward ( ) Postaward Office of Acquisition Awarding Office Presolicitation or Contract Number Contract Specialist Contracting Officer Total Price/Estimated Cost Period of Performance Brief Description of Items or Services Being Acquired Section A – Acquisition Planning No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments Aa Acquisition Planning A.1 Was W Was adequate market research performed? FAR 7.102,10.001, 10.002; 12.101 (over Simplified Acquisition
A.7 Did the Government develop an independent government cost estimate and is it adequate? FAR 7.105; 36.203, 307.7103 A.8 Is there evidence of milestone planning/scheduling? FAR7.105(b)(20); HHSAR 307.7106 A.9 Is there evidence of adequate funding or intent to commit funds? HHSAR 307.7104 A.10 Does the file contain evidence of PO and COTR, or as applicable, Program and/or Project Manager required training, or authorization to perform these duties on interim basis? HHSAR A.11 If solicitation for information or planning purposes, has it been conducted properly? FAR 14.105, 15.201, 315.201 A.12 Was Wage Determination (WD) obtained from the Wage Determinations on-line (WDOL) site (), or if a general WD was not available on WDOL, did CO request a WD from DOL on SF 398 at least 45 days prior to issuing RFP? FAR 22.404-1, 22.404-3 (over $2000) A.13 If requirement is potentially appropriate for Safety Act protections, is there evidence in the file that the program office obtained notice? FAR No. Action Item FAR/HHSAR/ Yes No N/A Comments
rejected, has the SBA PCR been notified? No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments A.22 If this requirement was previously an SBSA, and its current size makes it unlikely for competition by SBs, or the requirement involves bundling, has coordination with SBA PCR taken place at least 30 days prior to release of RFP? FAR 19.202-1(e)(1); 19.501(f) FAR 10.001 A.23 Was Hub-Zone set-aside considered? FAR 19.1305 A.24 Has service-disabled veteran-owned small business (SDVOSB) set-aside been considered? FAR 19.1405 A.25 Has Women-Owned Small Business (WOSB) set-aside or Economically Disadvantaged Women-owned Small Business (EDWOSB) set-aside been considered? FAR 4.803(a)(6), 4.803(a)(42), 6.207, 18.117, 19.402 A.26 If Small Business Sources Sought synopsis is used, has it been properly prepared? HHSAR 319-202-2 Bundling/ Consolidation A.27 Does Acquisition Plan address bundling/consolidation, and if anticipated, was market research FAR 7.107, 16.505(a),
copied double-sided on at least 30% postconsumer fiber paper? A.47 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 IT/FISMA Issues A.48 If access to federal facility is contemplated, have requirements of FAR and HHSAR been assured? FAR 7.103(u); HHSAR 304.13 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments A.49 If IT requirement, have agency planners complied with capital planning and investment control requirements in 40 USC 11312 and OMB Circular A-130? FAR 7.103(t) A.50 If IT requirement, are IT security requirements in OMB’s implementing policies (including Appendix III of OMB Circular and NIST guidance and standards being followed? FAR 7.103(u), 39.101, 39.106, 304.13, 339.1, 339.2 A.51 If commercial IT is being acquired, has exemption from Buy American Act been assured? FAR 25.103(e)
A.52 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.53 If potential for OCOI/COI determined, did CO get advice of technical specialists and OGC in evaluating potential conflicts? FAR 9.504(b) (Req. unless waived by agency head) No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments A.54 If significant potential COI, did CO provide written analysis, recommended course of action, draft IFB provision and proposed contract clause, as applicable, to the chief of the contracting office for resolving the conflict? FAR 9.504(c), 9.506(b)(1)-(3) (Req. unless waived by agency head) IDIQ Contracts A.55 If IDIQ, are multiple awards anticipated, or does the file document why a single award is contemplated? FAR 16.504(c) A.56 If IDIQ, have procedures for ordering been included? FAR 16.504 A.57 If IDIQ, have minimum and maximum quantities been included? FAR 16.504
A.82 Does the IFB include time of delivery or performance schedule? FAR 11.4 A.83 If lease, is there a record of a lease or buy determination? FAR 7.401 A.84 If bonds/and or insurance are required, is proper information included in AP and IFB? FAR 28.000 A.85 If contract will involve safety/health issues, are proper clauses included? HHSAR 323.7002 A.86 If applicable, when Earned Management System is to be used, has the acquisition plan complied with procedures or has agency head exemption been obtained if CO determined not to use value engineering clause? FAR 7.105(b)(3) and (10), FAR 34.2; HHS Earned Mgmt. Policy-OCIO Policy for IT EVM Procedures A.87 Does acquisition meet test to be considered commercial item under defense against or recovery from nuclear, biological, chemical or radiological attack, or does it meet the test under FAR 12.102(g)(1)? FAR 12.102(f)(1), 12.102(g)(1), 18.2 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments A.88 If commercial item acquisition for items Simplified Acquisition Threshold and <$6.5M (or>$12M for acquisitions described in FAR 13.500(e)) have simplified FAR 12.203, 13.5
B.1 Is IFB set up as a firm-fixed price or fixed price with economic price adjustment ? FAR 14.104 B.2 Does IFB include proper NAICS code and size standard? FAR 19.303(a) B.3 Is solicitation period consistent with FAR 5.203 (i.e., transmission of notice to GPE which is published at least 15 days before issuance of RFP, and is solicitation period open for the required time (i.e., 30 days)? FAR 5.203 (includes competitive 8(a) acquisitions) B.4 Does IFB include annual reps and certs? FAR 4.1202 and 52.204-7 B.5 If electronic commerce was used to issue IFB and receive bids, did IFB specify permitted electronic methods? FAR 14.202-8 B.6 Is IFB issued on SF 1442 and are proper provisions incorporated? FAR 53.236-1 FAR Matrix, NCI RFP Workform B.7 If Buy-American Act –Construction Materials under Trade Agreements clause is used, has a list of all foreign construction material excepted from the requirement of the Buy American Act, other than designated country construction material been placed in paragraph (b)(3) of the clause? FAR 25.1102; 52.225-11
B.8 Are proper clauses included (including those specific to construction at FAR 36.5)? FAR Part 36, 52.2, FAR Matrix, NCI Contract Workform No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments B.9 Does IFB include disclosure of magnitude of construction? FAR 36.204 B.10 If liquidated damages are used, is the clause proper? FAR 11.503 B.12 Does IFB include appropriate Buy American Act clauses and a list of any construction material not applicable to Buy American Act requirements? FAR 25.1102 B.13 Does the IFB contain the proper wage determination or a statement that it will be included later? FAR 22.404-3, 22.404-4(a) 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 Are date, place and time for bid opening clearly stated on face page of IFB? FAR 14.3 B.17 Does IFB include period of performance? FAR 11.4, controlled
B.45 If oral notice of IFB amendment is used (i.e. during a pre-bid conference), is compliance with FAR? FAR 14.208 B.46 If IFB is amended, is it on proper form, have amendments been sent to all parties receiving the IFB and was opening date extended if necessary? FAR 14.208 B.47 If modification of wage determination – has it been handled properly in IFB? FAR 22.404-6, 22.407(a)(8) Evaluation B.48 If applicable, has a price evaluation adjustment for HUBZone concerns been included? FAR 19.1307 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments B.49 Does IFB include price-related factors, if applicable for evaluation and is the evaluation method and basis for award clearly stated? FAR 14.201-8 B.50 If applicable, has a price evaluation adjustment for SDB concerns been included? FAR 19.1102, 19.1103 B.51 If contracting method, did RFP include all factors to be considered for evaluation, and all required clauses? FAR 17.106-2, 17.109
C.3 If bid opening was postponed, were proper procedures followed? FAR 14.402-3 C.4 Was public bid opening conducted and bids properly recorded and made available for public inspection?? FAR 14.402-1, 14.403(a) C.5 Are proposal modifications, revisions, or withdrawals handled properly? FAR 14.303, 14.304 C.6 If electronic proposals were permitted, were any unreadable electronic bids handled properly? FAR 14.406 Rejections/ Cancellation C.7 If IFB cancelled after bid opening, and CO determination that negotiation was in Government’s best interests, were proper procedures followed? FAR 14.404-1(f)(1), (2); HHSAR 314.404-1 C.8 If IFB cancelled before opening, were proper procedures followed? FAR 14.14.403(d) C.9 If IFB cancelled before opening, were number of bids invited and received recorded? FAR 14.403(d) No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.10 If IFB cancelled after opening, was there an agency head (HCA) FAR 14.404-1, HHSAR 314.404-1
C.31 Have mistakes in bid been handled properly? FAR 14.407-1 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.32 Have minor bid informalities or irregularities been properly handled? FAR 14.405 Protests C.33 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.34 If agency protest before award, were OGC and NIH PCO consulted and did they concur with response prepared by contracting officer? HHSAR 333.103, Award C.35 If award being made to country identified on List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor () has proper certification been obtained? FAR 22.1503 C.36 If award is delayed after bid opening, were extensions to bid acceptance periods obtained? FAR 14.404-1 C.37 If HUBZone contract, is contractor spending at least 50% of the cost of FAR 19.1303(d), 19.1308
C.50 If applicable, were suspected/reported violations of the Covenant Against Contingent Fees reported properly? FAR 3.405; HHSAR 303.405 C.51 If applicable, has the proper language regarding Personal Identity Verification been included in the contract? HHSAR 304.13 C.52 If contract action with Government employee or business concern substantially owned or by one or more Government employees, did CO obtain exception to policy? FAR 3.602, HHSAR 303.602 C.53 Has price analysis and price reasonableness determination been performed as required? FAR 14.408-1 and 2 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.54 Was there an approved subcontracting plan, if applicable? FAR 19.702(a)(2) (req. for LB award over $550K) HHSAR C.55 If subcontracting plan is applicable, has it been included as a part of the contract? FAR 19.705-5(a)(5)
C.62 Has the contracting officer assured that no 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.63 Has the contracting officer assured that no prohibited sources are receiving an award? FAR 25.7 C.64 If contract includes a cancellation ceiling in excess of $12.5 million, has Head of Agency provided appropriate written notification of proposed contract and proposed cancellation ceiling and made the award no earlier than 31 days after notification? FAR 17.108, HHSAR 317.108 C.65 Is FedBizOpps Award Notice in file? FAR 5.301 (required >$25K) No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.66 Is draft public award announcement (“Congressional Liaison Office”) in file? FAR 5.303(a), HHSAR 305.303(a) (required > $3.5M) C.67 Has CO assured that contractor is in CCR? FAR 4.1103, 19.1503 C.68 Has CO completed DCIS documentation within required FAR 4.604(b); HHSAR 304.602, NBS
C.94 If all Step 2 bids rejected, did CO notify all bidders with reason? FAR 14.404-3 C.95 Were all or none qualifications in Step 2 bids handled properly? FAR 14.404-5 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments C.96 For Step 2 bids, were bid informalities and mistakes in bid handled properly? FAR 14.405, 14.407-1, 14.407-2, 14.407-3 Section D – Contract Administration No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments D.1 Is preconstruction conference held or is there an explanatory letter of significant matters issued? FAR 22.406-1, 36.212 D.2 If performance/payment bond required, did contractor furnish before Notice to Proceed issued? FAR 28.103-1 D.3 Did contractor furnish certificate of insurance prior to Notice to Proceed? FAR28.306(b) D.4 Has Notice to Proceed been issued and acknowledged? FAR 11.104(b), 36.213-4, 52.211-10 D.5 Is COTR designated in writing prior to award, along with responsibilities, and does COTR/PO have training in accordance with FAR 1.602-2, HHSAR 301.604-74, 301.605, 301.606
modification to include FAR 52.222-54 been executed? 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.23 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.24 If progress payments based on costs are used, are the progress payments commensurate with fair value of work accomplished or, if not, are the 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.25 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.26 If applicable, has the CO identified and demanded payment of a contract debt? FAR 32.603, 32.604 Protests
D.27 If protest after award, has CO determination for agency protest been handled timely? FAR 33.104 D.28 If applicable, has D&F to allow performance regardless of protest been properly approved? FAR 33.104(c) & (d), HHSAR 333.104(c) & (d), NIH Manual 6033-2 D.29 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.30 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.31 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 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments Modifications and Change Orders D.32 Are contract modifications/change orders properly documented, citing correct authority and funding, within scope, and issued properly FAR 43.1, 43.201, 43.202
contract to replace FAR 52.209-8 with FAR 52.209-9? D.46 Has contract modification been entered into (NBS) and FPDS (through DCIS), including mods for change in size status, as applicable? FAR 4.606(b)(5); NBS Claims D.47 Are claims/disputes handled properly? FAR 33.2, HHSAR 333.2 D.48 Has CO made a timely response to contractor dispute CDA? FAR 33.211(c)-(f) D.49 Has contractor submitted certified claim under CDA? FAR 33.207 D.50 Has CO consulted OGC in resolving dispute under CDA? HHSAR 333.211 D.51 Has CO successfully resolved claim under CDA? FAR 33.210 D.52 Has CO rendered final decision IAW FAR & agency provisions? FAR 33.211, 333.211 D.53 If applicable, is alternate dispute resolution process used? FAR 33.214 Management D.54 If mistake award, have appropriate procedures been followed? FAR 14.407-4 No. Action Item FAR/HHSAR/ NIH Policy Part Yes No N/A Comments
D.55 If options included in contract, have they been executed properly and documented? FAR 17.207 D.56 If exercise of option to extend term of construction contract, was contract modified to include most current wage determination? FAR 22.404-12(a) D.57 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? HHSAR 317.207 D.58 Have contractor’s invoices been reviewed/approved/disapproved in a timely manner? FAR 32 D.59 If satisfactory progress has not been made, has CO exercised right to withhold payment (up to maximum of 10%) until satisfactory progress has been achieved? FAR 32.111(a)(5), 52.232-5 D.60 If termination for convenience/default deemed necessary, was process handled properly? FAR 49 D.61 If novation/change of name agreement requested, was process handled properly? FAR 42.12 No. Action Item FAR/HHSAR/ Yes No N/A Comments