A&A Lifecycle Guide PDF
A&A Lifecycle Guide PDF
A&A Lifecycle Guide PDF
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Acronyms
Federal Acquisition Regulation (FAR): Codifies and publishes uniform policies and
procedures for acquisition by all executive agencies. It consists of Title 48 Code of
Federal Regulations (CFR) Chapter 1, which is the primary document.
ADS 591, Financial Audits of USAID Contractors, Recipients and Host Countries
Entities (Rev. 07/31/2012)
ADS 629, Accounting for USAID-Owned Property and Internal Use Software
(Rev 11/25/2011)
CDCS Guidance (undated): (Version 3) continues to improve upon the Agency’s long
tradition of strategic planning to define development objectives and maximize the impact
of development cooperation.
NOTE: USAID policies and procedures are constantly being reviewed and revised.
Confirm your references are current and apply as applicable.
Contracting Officer (CO) is responsible for assisting the Activity Manager with the
development of an acquisition strategy/plan, for coordinating with the Activity Manager to
define the acquisition requirements, and for entering into, administering, and terminating
USAID-direct contracts in accordance with the limitations of delegated authority, policy
directives, and required procedures.
Contract Specialist/A&A Specialist supports the Contracting Officer in all aspects of the
Acquisition Lifecycle process.
This USAID Acquisition Lifecycle Orientation Guide was developed to serve as a tool for
all USAID personnel who support elements of the USAID Acquisition Lifecycle. It is an
additional help document to supplement ADS Chapter 302 (Rev. 11/18/2011) USAID
Direct Contracting. The FAR, AIDAR and ADS 302 take precedence over this
Orientation Guide if any conflicting guidance is discovered.
The USAID Acquisition Lifecycle is divided into the following five (5) phases:
Planning (Pre-Solicitation)
Solicitation
Evaluation
Award
Post Award/ Administration
The USAID Acquisition Lifecycle Orientation Flow Chart (Reference Attachment A, 1st
chart) provides the high level view of each phase within the USAID Acquisition Lifecycle
To maximize results, all parts of the Program Cycle must be rigorous and integrated.
The Activity Manager and CO are jointly responsible for assessing what products or
services offered in the market place will satisfy the Agency’s requirements and by
whom. Market Research can be conducted at any time before the solicitation is issued.
The extent of market research will depend on the urgency, dollar value, complexity, and
past experience. Methods for conducting market research include:
The CO, as part of market research, is responsible for preparing and posting “sources
sought” notices through Federal Business Opportunities (www.fedbizopps.gov). A “sources
sought” notice provides a description of the requirement or a draft statement of work. It
requests potential sources to review the requirement and provide questions or comments.
Responses provide the Agency with an opportunity to see who and how many capable
sources are available.
Before supplies or services are purchased on the open market, the CO is responsible
for first determining if they can be obtained from or through one of the required sources.
If the supplies or services are available from one of the required sources, but the CO
determines not to purchase from that source due to price, quantity, delivery time,
quality, or other reason, the CO must comply with any waiver requirements for that
source contained in FAR Part 8. Required Sources, listed in descending order of priority
(FAR Subpart 8.002) are:
Supplies:
Agency inventories,
Excess from other agencies (FAR Subpart 8.1),
Federal Prison Industries (FAR Subpart 8.6),
Services:
Services on Procurement List (maintained by the Committee for Purchase From
People Who Are Blind or Severely Disabled) (FAR Subpart 8.7),
Mandatory Federal Supply Schedules (FAR Subpart 8.4),
Optional use Federal Supply Schedules (FAR Subpart 8.4),
Federal Prison Industries (FAR Subpart 8.6), and
Commercial sources (including educational and nonprofit institutions)
The PAD documents the complete project design and serves as the reference document
for Project Authorization and subsequent implementation. The PAD should:
Define the development problem to be addressed by the project;
Provide a description of the technical approach to be followed during
implementation;
Define the expected results at the output, purpose, and goal level (as presented
in the final logical framework including objectively verifiable indicators);
Outline the analytical and sustainability considerations;
Present the financial plan and detailed budget;
Present an overall project implementation plan; and
Present the monitoring and evaluation plan.
The A&A Strategy is an Annex of the PAD and is a component of the implementation
plan, the A&A Strategy should be developed in consultation with the Program Office,
Contracting Officer, Regional Legal Advisor and Controller. Normally the PAD will
describe and justify the choice of instruments (assistance or acquisition), if sufficient
detail is available for the Contracting Officer to make that judgment. In preparing the
A&A Strategy, the Project Design team should work closely with the Contracting Officer
to determine the need for any special approvals or waivers linked to procurement, such
as for restricted commodities, source and nationality, or competition, which should be
identified in a PAD Annex. The A&A Strategy should identify acquisition and assistance
awards requiring the preparation of an “Individual Acquisition and Assistance Plan,” to
address FAR Part 7 requirements.
The Project Authorization gives substantive approval for a project to move from the
planning stage to implementation. It does not reserve or commit funds. The Project
Authorization:
Project implementation does not begin with the signing of the Project Authorization.
Implementation and A&A planning, definition of the roles and responsibilities of partner
country government systems, and other steps completed in the design process should
expedite initiation of assistance and acquisition actions and obligation (or sub-obligation) of
funds through government-to-government agreements, agreements with PIO’s, and other
implementing partners as defined in the implementation plan. A project could consist of
multiple activities and implementing instruments and diverse types of implementing
partners.
We are now at the Activity Level. The Project has been approved for implementation.
The development of an individual acquisition plan for a specific activity is the joint
responsibility of the Activity Manager and the CO. The Individual Acquisition plans feed
into the Agency A&A Plan for the year. The process for developing the Acquisition Plan
begins as soon as the Agency’s needs are identified. Basic elements include defining
the acquisition background and objectives and developing a plan of action for the
activity.
The specific content of plans will vary, depending on the nature, circumstances, and
stage of the acquisition. Acquisition plans for service contracts must describe the
strategies for implementing performance-based contracting methods or must provide
rationale for not using those methods (FAR Subpart 37.6).The acquisition’s background
and objectives include:
In accordance with FAR 16.103(d)(1), the firm-fixed price (FFP) contract type is
the preferred type of contract to be used. Therefore, the CO must justify why the
FFP contract is not to be used. This justification should include:
o An analysis of why the use of other than a FFP contract is appropriate
with rationale that detail the particular facts and circumstances to
support the contract type selection (e.g., complexity of the requirements,
uncertain duration of the work, contractor’s technical capability and
financial responsibility, or adequacy of the contractor’s accounting
system);
o An assessment regarding the adequacy of Government resources that
are necessary to properly plan for, award, and administer other than
firm-fixed-price contracts; and
o A discussion of the actions planned to minimize the use of other than
FFP contracts on future acquisitions for the same requirement and to
transition to FFP contracts to the maximum extent practicable.
The Activity Manager is responsible for preparing a SOW, a PWS or a SOO. A SOW, PWS
or SOO is a description of the Agency’s requirements. The requirements should be defined
in terms of desired or expected results, functions to be performed, specific performance
requirements, essential physical characteristics, and in all cases, well defined deliverables.
A SOW is prepared by the Government and is normally used when the task is well
known, easily understood by both parties which means that it can be described in
specific detail in a step by step manner. The SOW typically describes in detail the
“how” and not the “what”.
A PWS is prepared by the Government and normally used for a performance-based
service acquisition. Performance-based acquisition (PBA) is the preferred method
when an acquisition can be structured around the results to be achieved as opposed
Also, the contractor may submit a PWS in response to the Government issued SOO,
see description of the SOO below.
A SOO is a Government-prepared document incorporated into the solicitation
that states the overall performance objectives. A SOO describes the “what” the
government wants and not the “how”. It is used in solicitations when the
Government intends to provide the maximum flexibility to each offeror to propose
an innovative approach. Is normally only used as an alternative to PWS (FAR
Subpart 37.602(c)) to identify the agency’s high level requirements by
summarizing key agency objectives, desired outcomes, or both. The offeror, in
their proposal, develops and proposes a PWS that is used in the resultant
contract award.
The Activity Manager is responsible for preparing the SSP. Source selection is the
process of evaluating competitive bids or proposals using the best strategies for the
specific requirements of acquisition. An agency can obtain best value in negotiated
acquisitions by using any one or a combination of source selection approaches. In
different types of acquisitions, the relative importance of cost or price may vary. For
example, in acquisitions where the requirement is clearly definable and the risk of
unsuccessful contract performance is minimal, cost or price may play a dominant role in
source selection. The less definitive the requirement, the more development work
required, or the greater the performance risk, the more technical or past performance
considerations may play a dominant role in source selection. There are two techniques
used. They are the:
The Activity Manager is responsible for preparing an independent IGCE for the
procurement and for also providing appropriate funding based on the IGCE. An IGCE is
a cost estimate that projects the estimated costs that a contractor could incur during
contract performance. It is a benchmark used to determine contract budget amounts
and can also be used in determining price reasonableness. An IGCE may include:
Once the CO/AO have determined that the use of an acquisition instrument is
appropriate, the Activity Manager is then responsible for drafting a Requisition in
GLAAS. A GLAAS Requisition is a compilation of documents prepared by an Activity
Manager and submitted to the CO to initiate a procurement action at the conclusion of
the Planning Phase. It provides the basis for deciding how the acquisition process will
be carried out and how a contract will be awarded. A GLAAS Requisition will typically
include a statement of work (or performance work statement/statement of objectives),
ICGE, and an appropriate Source Selection Plan.
The Solicitation Phase starts when the CO receives the Requisition entered into GLAAS
that contains a contractible statement of work with its relevant IGCE. This Phase includes:
2.1 CO Reviewing/Coordination
The CO is responsible for reviewing the Requisition for completeness and clarity and for
coordinating with the Activity Manager and others, as necessary, to resolve deficiencies
and/or ambiguities.
2.2 Contract Review Board Prior to Issue of Request For Proposal (RFP)
(ADS 302.3.1.2)
(Cross Reference 4)
The composition, roles and procedures for a CRB are set forth in ADS 302 “Contract
Review Board Guidelines.” The CRB is responsible for reviewing documentation for
acquisitions that are expected to exceed $25 million. This includes IQCs where the total
estimated ceiling is expected to exceed $25 million for single or multiple awards. Review
by the CRB is required:
At the pre-solicitation stage, the CO is to provide a copy of the solicitation and other
documentations as described in CRB Guidelines
(http://usaid.gov/policy/ads/300/302mao.pdf), including the CO’s documentation for choice
of instrument (ADS 304) to the CRB Chairperson.
Some of the techniques that can be used to promote early exchanges of information
include:
Draft solicitation,
Request for Information (RFI,)
Industry or small business conferences, and
Pre-solicitation or pre-proposal conferences.
For the acquisition of supplies and services the Small Business Act (15 U.S.C. 637(e))
and the Office of Federal Procurement Policy Act (41 U.S.C. 416) requires that the CO
must post a notice on the Government website at (www.fbo.gov) for:
2.4 Synopsis
(FAR Subpart 5.2, FAR Subpart 12.6, AIDAR 705, AIDAR 706.302-70(b)(1) and
AIDAR 706.302-71)
The CO is responsible for posting a synopsis of USAID’s intent to solicit and award a
contract for the specific requirement on the Government web site at (www.fbo.gov). FAR
Subpart 5.203, identifies the publicizing and response times (FAR Subpart 12.603, for
acquisition of commercial items). AIDAR 705.202, identifies the exceptions to providing an
advance notice (reference AIDAR 706.302-70(b)(1) through (b)(3) and 706.302-71).
If a draft solicitation was issued, the CO must consider all comments and questions that
were received from potential offerors before issuing the final solicitation. The CO is
responsible for issuing formal amendment(s) to the solicitation when the requirements or
terms and conditions have changed after the solicitation has been issued. When it is
determined that a solicitation is to be cancelled, the CO is responsible for issuing a formal
amendment that provides the reason why the solicitation is being canceled.
The objective in this phase is to make a fair award decision using a structured
evaluation process.. This phase includes:
Upon receipt of proposals the CO performs a review to determine if the proposals are in
compliance with Federal requirements. Representations and Certifications are a
required part of every proposal submission. Examples include such things as the
contractor’s Taxpayer Identification Number, a Certification of Affirmative Action
Compliance, or a Certification of Independent Price Determination. The exact type of
Representations or Certifications is tailored by the CO. Prospective contractors are
required to annually complete Representations and Certifications and submit them
electronically to the Online Representations and Certifications Application (ORCA) web
site at http://orca.bpn.gov. This is done in conjunction with the contractor’s required
registration in the Central Contractor Registration (CCR) data base (FAR Subpart
4.1201). For each procurement action, the CO is responsible for either referencing the
date of the contractor’s Representation and Certification data in the ORCA or including
a paper copy in the contract file (FAR Subpart 4.1201(c)). The CO must include in the
solicitation any additional Representations and Certifications that are not part of the
ORCA, and verify that the offeror submitted them, properly completed and signed, with
the proposal.
Proposals should also be reviewed to determine if they are compliant with the RFP
instructions. Any proposal, modification, or revision, received after the time specified for
receipt of proposals is “late” and must not be considered unless it is received before
award is made, the CO determines that accepting the late proposal would not unduly
delay the acquisition and:
An offeror may withdraw its proposal, upon written notice, at any time before award
(FAR 15.208).
If a contract is expected to exceed $650K ($1.5M for construction) and has subcontracting
possibilities, the solicitation must require offerors to submit a subcontracting plan. The CO
is responsible for ensuring that the subcontracting plan contains the required information,
goals and assurances set forth in FAR Subpart 19.704. Subcontracting plans are not
required:
The CO is to provide copies of the solicitation, source selection plan and technical proposal
to the Technical Evaluation Committee (TEC). The CO briefs the TEC on the Source
Selection Plan process and ensures that all members are well versed on how to conduct
the source selection and have signed non-disclosure and conflict of interest forms before
receipt of proposals. The TEC then meets to assess the qualities of each proposal based
on the factors and sub-factors stated in the solicitation using a rating method or
combination of methods described in the solicitation or source selection plan. The
strengths, deficiencies, significant weaknesses, and risks for each proposal are
documented by the members of the TEC. Each proposal is evaluated on its own merits
and not against the other proposals.
To evaluate proposals in the best interest of the Government, it is important to consider all
cost and non-cost evaluation factors as specified in the solicitation (Section M).
At the completion of the initial evaluation, the Chairman of the TEC submits a written report
to the Contracting Officer who will review it to ensure it is unambiguous and consistent with
the published evaluation criteria and source selection procedures. The report includes the
scoring results along with the narratives supporting the scores. The report may include a
recommendation as to which proposals the CO should include in the competitive range.
The report may also identify areas for negotiation such as key personnel and use of travel
or other elements affecting cost. This report is retained in the Acquisition File.
When the CO intends to conduct discussions, he/she will first establish the competitive
range based on the ratings of each proposal against all evaluation criteria, including
cost or price, past performance, and technical. The competitive range is comprised of all
of the most highly rated proposals having the greatest likelihood of award based on the
factors and subfactors in the solicitation, unless the range is further reduced for
purposes of efficiency. The CO may determine that the number of most highly rated
proposals that might otherwise be included in the competitive range exceeds the
number at which an efficient competition can be conducted. Provided the solicitation
notifies offerors that the competitive range can be limited for purposes of efficiency, the
CO may limit the number of proposals in the competitive range to the greatest number
that will permit an efficient competition among the most highly rated proposals (FAR
15.306(c).
After the initial technical review, the CO determines the competitive range based on the
most highly rated proposals. The number of proposals included in the competitive range
may be reduced if the solicitation notified offerors that the competitive range can be limited
for the purposes of efficiency – permitting an efficient competition among the most highly
rated proposals (FAR 15.306(c)(1) and (2).
The CO must submit competitive range determination documentation to the CRB for
review. The CO is to provide the CRB Chairperson member with a copy of:
CRB review helps to ensure a proper, fair, and defendable evaluation of the proposals was
conducted in determining the competitive range.
.
3.5 Preaward Notice (Exclusion from Competitive Range)
(FAR Subpart 15.503(a)(1))
The CO must notify offerors promptly in writing when their proposals are excluded from
the competitive range or otherwise eliminated from the competition. The notice must
state the basis for the determination and that a proposal revision will not be considered.
The CO must notify offerors promptly in writing when their proposals are excluded from the
competitive range or are otherwise eliminated from the competition. Offerors may request
to receive a debriefing either before award or after award. The CO must make every effort
to debrief as soon as practicable.
During this phase the CO assembles the award documents, validates the inclusion of all
performance requirements, legal provisions, and approvals including Congressional
Award Notification when required before any distribution of the award. The steps also
require notifications and briefing to other interested parties and appointment of the CO’s
Representative (COR) who will be the lead in monitoring performance in the post award
phase.
The CO must submit the award documents to the CRB prior to making the award. The CO
must provide the CRB Chairperson a copy of: (http://usaid.gov/policy/ads/300/302mao.pdf)
The solicitation (if already reviewed by the CRB, normally only Sections C, L and
M are necessary),
Previous CRB comments and the corrective actions taken,
The contract award (Sections A through I),
The memorandum determining the competitive range (if not previously reviewed
by the CRB),
The Memorandum of Negotiations (showing the pre-negotiation and negotiated
positions),
Any revisions to the technical evaluation memorandum not previously reviewed
by the CRB, and
The Office of Small and Disadvantaged Business (OSDBU) clearance for the
subcontracting plan or reason there is not OSDBU clearance (normally included
in the Negotiation Memorandum).
The CO should provide any written discussion questions that were posed to the
offerors in the competitive range.
Clarity. All elements of the award, including items in the schedule (e.g.
award amount, duration, place of performance, and program description)
must clearly and coherently express the specific understandings of both
parties. The CO must ensure that a contract award clearly defines the
activities that will make up the program that USAID will support.
Legal sufficiency. The CO must ensure that all of the elements of a legally
binding contract are present:
The CO must award a contract to the successful offeror by furnishing the contract or
other notice of the award (Letter Contract) to that offeror. The Offeror signs the
document first and then sends it to the CO for signature.
The CO is responsible for notifying the Bureau for Legislative and Public Affairs (LPA) of a
contract award in accordance with the Congressional Award Notification Procedures
(mandatory reference to ADS 302 at http://www.usaid.gov/policy/ads/300/302man). The
CO first signs an award, then notifies LPA, who in turn notifies the Congress. The CO must
wait 48 hours after receiving confirmation from LPA that it received the notification before
he/she may release an announcement of the award, unless LPA advises otherwise.
Within three (3) days after the date of contract award, the CO must provide written
notification to each offeror whose proposal was in the competitive range but was not
selected for award. Unsuccessful offerors can request a post award debrief (see 4.5).
The FPDS-NG system is a Federal wide web-based automated system used to collect and
report on federal procurement spending. This reporting tool is a basis for recurring and
special reports to the President, the Congress, the Government Accountability Office,
Federal executive agencies, and the general public. Data is entered through a link in the
Global Acquisition and Assistance System (GLAAS). GLAAS is the Agency’s world-wide
web-based Acquisition & Assistance business process system.
The COR is the technical person the CO relies on to be the “eyes and ears” and first
line communicator with the contractor in daily execution of the contract. The Technical
Office recommends the COR and the CO appoints the COR by letter in accordance with
the appointment procedures outlined in Procedures for Designating the Contracting
Officer’s Representative (COR) for Contracts and Task Orders (mandatory reference to
ADS 302). It is the responsibility of the CO to verify that the COR has completed the
required training and been certified prior to designation. A COR designation letter
establishes the scope of authority of the COR to carry out contract administration duties
which would otherwise be performed by the Contracting Officer. Each COR must
maintain a file that documents how the contract was administered. Examples of COR
duties include administratively approving contractor invoices, obtaining any required
approvals during the contract performance, recommending disallowance of costs to the
CO, and obtaining security clearances and appropriate identification for contractor
personnel.
Upon written request from an unsuccessful offeror (received within three (3) days of
post-award notice), the CO must be provided a debriefing and furnish the basis for the
selection decision and contract award. To the maximum extent practicable, the
debriefing should occur within 5 days after receipt of the written request. An offeror that
was notified of exclusion, but failed to submit a timely request, is not entitled to a
debriefing. However, untimely debriefing requests may be accommodated at the
discretion of the CO in consultation with the General Counsel.
Protests of negotiated awards can be made by offerors at either the Agency level or the
Government Accountability Office (GAO) level. The CO must consider all protests and
seek legal advice, whether protests are submitted before or after award and whether
filed directly with the agency or the GAO. The CO is to follow the procedures at FAR
Subpart 33.103, and AIDAR 733.1 (see 2.5.1). Please note that when and where a
protest has been filed may trigger a stay of contract award or contract performance.
The steps in this phase address the range of activities and actions that occur after
award. These steps include:
Monitoring performance,
Payments,
Modifications,
Options to address non performance.
5.1 Publication of Justification for Other Than Full and Open Competition
(FAR Subpart 6.305)
The CO is required to make the justification for other than full and open competition
publicly available by posting it on www.fbo.gov. Normally the justification must be made
publicly available within 14 days after contract award and must remain posted for a
minimum of 30 days.
The first step after award is a Post Award Orientation Conference sometimes called a
“kick off” meeting. This conference is normally attended by the CO, COR, other
program staff and the contractor. The purpose of this meeting is to ensure that there is a
common understanding of the contract and:
To discuss the roles and responsibilities of all parties, especially the USAID
officials who will administer the award.
To address topics that are sensitive and critical to the success of the contract.
Many of these areas are easily misunderstood and a discussion can clear up any
misconceptions.
To identify any special situations that all parties should be aware of and be
prepared to deal with in the most effective manner.
The CO and the COR must determine how to monitor the contractor’s performance to
protect the Government’s interests, by considering the factors such as the contract’s
Contracts awarded under FAR Subpart 8.6 (Purchases from the Federal Prison
Industries, Inc.) and FAR Subpart 8.7 (Purchases from People Who Are Blind or
Severely Disabled) must not be evaluated. Contractor performance for construction and
architect/engineer must be evaluated in accordance with FAR Subpart 36.201 and FAR
Subpart 36.604, respectively.
Personal Service Contractors are recognized as Government personnel for the purpose
of the restriction to access to contractor performance information in FAR Subpart
42.1503(b). As such, they may have access to the CPI database, PPIRS, provided they
sign a Non-Disclosure Agreement.
Contact your cognizant CPARS Focal Point when a contract needs to be added to the
system. This normally applies to contracts that are currently active and were not input
via FPDS-NG when the award was made.
The COR is responsible for keeping the CO apprised of the contractor’s performance.
To do this, the COR may, if determined necessary, conduct site visits to the contractor’s
facility to monitor contractor performance. Site visits are an important part of effective
award management because they usually allow a more effective review of the project.
Joint visits by the CO and the COR are encouraged. Site visits must be documented
with a report highlighting findings placed in the official contract file.
The COR is the Obligation Manager and is responsible for keeping the CO apprised of
the contractor’s financial management performance. This responsibility includes
reviewing the contractor’s requests for payments and preparing financial status reports
for the CO on a regular basis. The COR maintains the official accrual documentation
and notifies the CO to de-obligate excess or unneeded funds pursuant to the
deobligation policy in ADS 621 section 621.3.9. Contracts are deobligated based on
official modifications to the instrument. (See section 631.6 for the definition of Obligation
Manager, and Deobligation Guidebook, section V.A.2.)
Procedures for management of real property and equipment are found in chapters in the
ADS 500 series. Care must be taken to ensure proper accounting, approvals and
documentation by both the contractor and USAID. Additional guidance for “USAID
Property in the Custody of Contractors” is outlined in ADS 629.3.3. The CO at the
time of contract execution or extension must determine whether the particular contractor
is likely to purchase property with contract funds having a unit value equal to or in
excess of $25,000 and a useful life equal to or in excess of two years. Based on this
determination, the COR is responsible for submitting the Annual Report of Government
Property in Contractor's Custody to the Chief Financial Officer (CFO) or Mission
Controller.
The procedures for the management of IP such as patents, is found in “intellectual Property
Rights” manual (ADS 318). The Office of General Counsel (GC) serves as the primary
office within USAID for IP issues. GC is assisted by the CO and COR as necessary.
When USAID obtains or retains IP rights, these rights generally include the right to share
the materials developed under the contract or grant with USAID Missions or partners
working on behalf of the USG. By allowing a wider use of IP, USAID has the ability to
leverage its resources.
5.3.6 Disputes
(FAR Subpart 33.2 and AIDAR 733.27)
A dispute occurs when a controversy develops about the interpretation of payment, time
or money due either party involved in a contract. The Government’s policy is to try to
resolve all contractual issues in controversy by mutual agreement at the CO’s level. A
dispute, when unresolved, may lead to a claim.
5.4 Modifications
(FAR Subpart 43.1)
Contract modifications are changes to the terms of a contract such as the specifications,
schedule, price/cost, or other terms and conditions. Modifications can be either bilateral
or unilateral.
Government contracts contain a changes clause that permits the CO to make unilateral
changes, in designated areas, within the general scope of the contract. These are
accomplished by issuing unilateral written change orders. The contractor must continue
performance of the contract as changed, except that in cost-reimbursement or
incrementally funded contracts the contractor is not obligated to continue performance
or incur costs beyond the limits established in the Limitation of Cost or Limitation of
Funds clause. If a change order is not forward priced, two documents are required:
The COR advises the CO when to exercise an option, the CO must provide written
notice to the contractor within the time period specified in the contract. The CO may
exercise options only after determining that:
The CO can issue a stop work order on the advise of the COR or technical office with
permission by a level above the CO (e.g. Mission Director).
5.4.5 Terminations
(FAR Subpart 12.403 and FAR Part 49)
The CO must terminate contracts, whether for default or convenience, only when it is in
the Government’s interest. If a termination is necessary, the CO works closely with the
RLA, auditors and technical staff to affect a timely settlement.
The COPP Division works closely with the Office of Inspector General (OIG) and the Office
of General Counsel on waste, fraud, and abuse matters in addition to managing alleged
reports of non-compliance or ethical concerns associated with USAID development
partners in order to protect U.S. taxpayer funds entrusted to USAID.
The CO is responsible for all award suspensions, terminations and construction stop work
orders. These sanctions should be imposed only when it is in the public’s interest and not
for purposes of punishment. COs must inform the COPP Division in the Office of
Acquisition and Assistance of any proposed terminations for default in advance of taking
any action. The COPP also makes recommendations for administrative action for
suspension and debarments on referrals received from the OIG, or other stakeholders and
self-disclosure by Contractors. Such action includes show cause letters, suspensions
and proposed debarments.
The CO, or their designee, is responsible for contract closeout. In Washington D.C. it
could be the CO or a contractor while in the Missions, it could be the CO or A&A
Specialist. This is the final step in the Post Award Phase and completes the acquisition
process. closeout process verifies that the contract is physically complete by obtaining
from both the USAID and the contractor all forms, reports, and clearances required at
closeout, and ensures that both the Government and the contractor have met all the
applicable terms and conditions.
Closeout Initiation: The closeout starts with the requirement for contractors to
submit, within 90 calendar days after the date of completion of the award, all
financial, performance, and other reports required by the terms and conditions of
the award.
Financial Settlement. When authorized by the terms and conditions of the
award, USAID must make a settlement for any upward or downward adjustments
to the Federal share of costs after closeout reports are received.
Final Audit. In the event a final audit has not been performed prior to the
closeout of an award, USAID retains the right to recover an appropriate amount
after fully considering the recommendations on disallowed costs resulting from
the final audit.
The COR is responsible for informing the CO of any excess funds that should be de-
obligated. Excess funds should be de-obligated as soon as identified. If excess funds
are identified during contract closeout they must be de-obligated before the contract file
can be closed.
The contractor must account for any real and personal property acquired with Federal
funds or received from USAID (Real and Personal Property Accounting, 22 CFR226).
The USAID Records Management Program (ADS 502) provides the guidance for the
proper maintenance and disposition of official files. The Bureau for Management, Office
of Management Services, Information Records Division (M/MS/IRD) is responsible for
the overall management of USAID’s records program. The USAID contract closeout
team is responsible for the proper retention, disposition and destruction of the awards
they close for M/OAA/W. Guidelines are referenced in FAR 4.805 “Storage handling and
disposition” and ADS 502.5.7 “The USAID Records Management Program.” USAID
follows these guidelines and transfers files once a year to M/MS/IRD.
In the Missions, the closeout specialist is responsible for formal close-out and
deobligating excess funds. Then it is passed it to a Contract Specialist (local FSN) who
processes it for retention, disposition and destruction.
2.3 CRB Review 3.1 Receipt Of 4.1 CRB Review 5.1 Post
1.1 Program Cycle (Pre-Soliciation) Proposals (Prior To Award) JOFOC
This flow chart provides a snapshot of the Acquisition LifeCycle Orientation. This is only a guide in defining when in the
Lifecycle these tasks normally occur – the exact location in the Acquisition Lifecycle for each ite m is some what flexible
depending on program/acquisition action dynamics. 1
1.5.1 Acquisition
1.3.1 A&A
Background &
Strategy Objectives
1.5.2 Plan of Action
1.5.3 Requirements
Documentation.
SOW/PWS/SOO
1.5.4 Source Selection
Plan
3.7.1 Determination
of Contractor
Responsibility
4
4.2 Award
4.1 CRB Review 4.3 Contract
Document
(Prior to Award) Award
Formation
4.3.1 Congressional
Notification
4.3.2 Notification to
Unsuccessful Offeror(s)
4.3.3 Federal
Procurement Data
Systems-NG
4.3.4 File
Documentation
ENTER
4.4 Post-Award 4.5 Award POST
Debriefs Protests AWARD
PHASE
5.3.5 Intellectual
Property 5.4.5 Terminations
5.3.6 Disputes
5.6 Past
5.5 Acquisition 5.7 Contract
Performance END
Completion Close Out
Database
5.7.1 De-obligation of
Funds
5.7.2 Disposition of
Property
5.7.3 File Disposition 6
To
A Letter Contract is considered to be an Undefinitized Contract Action (UCA) for which the price is not agreed upon prior to
beginning performance. A Letter Contract/UCA is a written preliminary contractual instrument that authorizes a contractor to begin
immediately. A Letter Contract/UCA should be as complete and definitive as possible under the circumstances.
The following documentation is required prior to executing a Letter Contract:
Determination & Findings that no other contract is suitable
Draft of proposed contract letter
Statement of Need/Urgency Impact provided by Activity Manager
Approved funding document (Government shall not obligate more than 50% of the not-to-exceed price.)
Definitization schedule to include:
o Dates for submission of contractor’s price proposal, required cost or pricing data, and, if required, make-or-buy and
subcontracting plans (FAR 19.704), and shall require the negotiations of the final plan within 90 days after award or
before definization, whichever occurs first (FAR 19.705-5(b)).
o Date for the start of negotiations.
o Target data for definitization.
USE WHEN
Negotiation of definitive contract action is not possible in sufficient time to meet the Government’s requirements.
Government’s interest demands contractor be given a binding commitment so performance can begin immediately.
ADVANTAGES DISADVANTAGES
Allows contractor to begin work immediately in support of Can only be used after determined no other contract is suitable
the requirements. in writing and approved. Letter Contract shall not commit the
Government to a definitive contract over the funds available at
execution; be entered into without competition when
competition is required (FAR Part 6); or be amended to add a
new requirement.
Schedule must provide for definitization of the contract within
180 days after the date of the letter contract or before
completion of 40% of the work to be performed, whichever
occurs first.
Allows acquisition of supplies and/or services when the exact time and/or exact quantities of future deliveries are unknown at time of
award. Indefinite-delivery contracts are also known as delivery order contracts or task order contracts.
USE WHEN
Delivery schedule is unknown.
Quantities or services are uncertain.
A minimum and maximum quantity can be established.
A recurring need is anticipated.
ADVANTAGES DISADVANTAGES
Allows Government to procure an indefinite quantity of supplies or services,
within stated limits, during a fixed period.
Allows Government stocks to be maintained at minimum levels.
Allows flexibility in both quantities and delivery scheduling.
Permits ordering of supplies or services after requirements are identified.
VARIETIES OF FP CONTRACTS:
Definite-Quantity (FAR 16.502) – provides for delivery of a definite quantity of specific supplies or services for a fixed period
with deliveries or performance to be scheduled at designated locations upon order.
Requirements (FAR 16.503) – provides for filling all actual purchase requirements of designated Government activities for
supplies or services during a specified contract period with deliveries or performance to be scheduled by placing order with the
contractor. Used when recurring requirements are anticipated but precise quantities cannot be determined. There is no funding at
time of contract award; funds are obligated at the time the task or delivery order is issued against the contract.
Indefinite-Quantity (FAR 16.504) – provides for delivery of an indefinite quantity of supplies or services during a fixed period
within stated limits.
ADS 302.3.4.6 references AAPD 02-05, New Authority – Exceptions for Small Business under Indefinite Quantity Contracts (IQCs).
The AAPD provided new authority that would allow USAID to award task orders to small and small disadvantaged businesses
without providing a fair opportunity to all contractors under a multiple award IQC. This was based on Section 534(f) entitled "Special
Authorities" of Public Law 107-115 Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002: (SMALL
BUSINESS – In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, the United States
Agency for International Development may provide an exception to the fair opportunity process for placing task orders under such
contracts when the order is placed with any category of small or small disadvantaged business. (This new authority directly addressed
the requirement in FAR 16.5 that the CO must provide a fair opportunity to be considered for each order exceeding $2,500 issued
under multiple delivery-order contracts or multiple task order contracts, except as provided for in FAR 16.505(b)(2). The exceptions
to the fair opportunity process listed in that referenced subparagraph were quoted almost verbatim from the Federal Acquisition
Streamlining Act of 1994, P.L. 103-355. Since the FAR's "fair opportunity" process, including the exceptions to it, are all directly
derived from statute, we may not deviate from these FAR requirements without statutory authority to do so. Section 534(f) constitutes
this statutory authority.)
Basic Ordering Agreements (BOA) – FAR 16.703 – is a written instrument of understanding between the Government and a
contractor that contains terms and clauses for future contract (orders) between the parties; a description of supplies or services to be
provided; and methods for pricing, issuing, and delivery future orders under the BOA.
USE WHEN
Uncertain requirements must be expedited or when specific items, quantities, and prices are unknown at the time of the agreement.
Purchase of a substantial number of requirements is anticipated.
ADVANTAGES DISADVANTAGES
May reduce administrative lead-time, inventory investment, May require the issuance of a justification permitting other
and inventory obsolescence due to design changes. than full and open competition prior to issuing an order.
Period for orders to be issued against a BOA cannot exceed
five years.