New_AP_use_for_orders_over_250K_Jeol.pdf

Acquisition Plan (AP) Template Revised July 2020

Purpose: This document provides the template for completing an Acquisition Plan (AP).

References: Federal Acquisition Regulation (FAR) 7.1

Requirements and Responsibilities: Acquisition Planning is required for all acquisitions. "Acquisition planning", means the process by which the efforts of all personnel responsible for phases of the acquisition lifecycle are coordinated and integrated through a comprehensive plan for fulfilling the agency need in a timely manner and at a reasonable cost. It should include information from the approved Acquisition Strategy (AS) detailing plans for managing the execution of the contract. The final approved AP must address the following as required by statute (41 USC 253(a)) as implemented through FAR 7.102 to promote and provide for:

(1) Acquisition of commercial or non-developmental items, to the maximum extent practicable

(41 U.S.C. 3307), see guidance in FAR 12 and the definition of commercial item in FAR 2.101;

(2) Full and open competition (see FAR 6) or to obtain competition to the maximum extent practicable, with due regard to the nature of the supplies or services to be acquired (41 U.S.C. 3306(a) (1));

(3) Selection of appropriate contract type in accordance with FAR 16; and

(4) Appropriate consideration of the use of pre-existing contracts, including interagency and intra-agency contracts, to fulfill the requirement (See FAR 8.002 through FAR 8.004, FAR 17.5).

In accordance with FAR 7.101, the acquisition planner is responsible for developing and executing an AP. Within

HHS, the primary acquisition planner is the Program/Project Manager (P/PM). The AP should incorporate applicable portions of the approved AS. It is incumbent upon the P/PM to coordinate the plan with all those who have a responsibility for the development, management or administration of any phase of the acquisition lifecycle and may include members of the Integrated Program Team (IPT). The IPT may include individuals with technical expertise based on the nature of the requirement and may include, but is not limited to, technical specialists in budget/finance, acquisitions, information technology, security, logistics and legal.

The Contracting Officer supports the P/PM by providing input and advising the P/PM on contracting strategy, appropriate contract type selection, and other contractual business matters. The Small Business Specialist (SBS) advises on small business considerations that may potentially impact the contracting strategy.

The AP must address all the technical, business, management, and other significant considerations that will control the acquisition. Ensure that the basic details supporting Program/Project impacts, for the areas identified in the approved AS, are included in the AP being submitted. The specific content of plans will vary, depending on the nature, circumstances, and stage of the acquisition.

For sections of this AP template that do not apply to the requirement, please indicate “Not Applicable (N/A)” and explain why, where necessary. The length and detail of an AP depends on the complexity of each individual acquisition. The AP shall be completed for all sections that apply to the acquisition.

Please do not include this page of instructions or the Additional Guidance beginning on page 17 of this document, in the final document or contract file.

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Acquisition Plan (AP) Template

Acquisition Title

Program/Project Title

OPDIV/Division

Acquisition Year

Associated Acquisition Strategy (AS)

Number (Approved Acquisition Strategy attached.)

Program/Project Manager (P/PM)

Name

P/PM Phone Number

P/PM Email Address

Key: Blue text will take you to further guidance within the document. Orange text will take you to

Acquisition.gov.

(a) Acquisition Background and Objectives - FAR 7.105(a)

(1) Statement of Need – FAR 7.105(a)(1) Introduce the plan by a brief statement of need. Summarize the technical and contractual history of the acquisition. Discuss feasible acquisition alternatives, the impact of prior acquisitions on those alternatives, and any related in-house effort.

Technical and Contractual History

i. Provide a brief factual summary of the history of the requirement, including any legislative history. Discuss the scientific/technical/contractual history of the requirement and provide relevant prior acquisition information.

https://www.acquisition.gov/content/part-7-acquisition-planning#i1118935

Acquisition Alternatives

ii. Discuss acquisition alternatives considered and the impact of prior acquisitions as they relate to the alternatives considered.

Acquisition Alternatives – Department Considerations

iii. Are there any Department of Health and Human Services (HHS) agency-wide IDIQ contracts or other acquisition alternatives that can meet the needs of this requirement? If the requirement is for a service contract, describe the strategies for implementing performance-based acquisition methods or provide the rationale for not using these methods [see FAR 37.102 (Public Law106-

398, section 821); FAR 7.105; and FAR 37.6].

Yes

No

(2) Applicable Conditions - FAR 7.105(a)(2): State all significant conditions affecting the acquisition such as:

Compatibility

i. Discuss any compatibility requirements with future or existing systems/programs/projects.

Constraints

ii. Discuss any known cost, schedule, capability, or performance constraints. If such conditions exist, discuss the steps that will be taken to promote competition and socio-economic goals.

(3) Cost - FAR 7.105(a)(3): Set forth the established cost goals for the acquisition and the rationale supporting them, and discuss related cost concepts to be employed, including, the following items:

Make sure the Independent Government Cost Estimate is attached and explain what the total estimated cost of this procurement inclusive of all options is.

https://www.acquisition.gov/content/part-37-service-contracting#i1077789 https://www.federalregister.gov/documents/2001/05/02/01-11008/federal-acquisition-regulation-preference-for-performance-based-contracting%20v https://www.federalregister.gov/documents/2001/05/02/01-11008/federal-acquisition-regulation-preference-for-performance-based-contracting%20v https://www.acquisition.gov/content/part-7-acquisition-planning#i1118935 https://www.acquisition.gov/content/part-37-service-contracting#i1077388

Life-cycle cost

i. Discuss how life-cycle cost will be considered. If it is not used, explain why. If appropriate, discuss the cost model used to develop life-cycle-cost estimates.

Design-to-cost

ii. Describe the design-to-cost objective(s) and underlying assumptions, including the rationale for quantity, learning-curve, and economic adjustment factors. Describe how objectives are to be applied, tracked, and enforced. Indicate specific related solicitation and contractual requirements to be imposed.

Application of should-cost

iii. Describe the application of should-cost analysis to the acquisition (see FAR 15.407-4).

(4) Capability or Performance - FAR 7.105(a)(4)

Specify the required capabilities or performance characteristics of the supplies or performance standards of the services being acquired and state how they are related to the need.

(5) Delivery or Performance-Period Requirements - FAR 7.105(a)(5)

Describe the basis for establishing delivery or performance-period requirements (see FAR 11.4). Explain and provide reasons for any urgency if it results in concurrency of development and production or constitutes justification for not providing for full and open competition. Provide the period of performance for this procurement, including all option periods.

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(6) Trade-Offs - FAR 7.105(a)(6)

Discuss the expected consequences of trade-offs among the various cost, capability or performance, and schedule goals that reflects the changing needs and priorities of the program. Note: This section should not discuss trade-offs in relation to source selection.

(7) Risks - FAR 7.105(a)(7)

Discuss technical, cost, and schedule risks and describe what efforts are planned or underway to reduce risk and the consequences of failure to achieve goals. If concurrency of development and production is planned, discuss its effects on cost and schedule risks.

Organizational Conflict of Interest

Review and discuss FAR 9.5-Organizational and Consultant Conflicts of Interest for roles and responsibilities concerning potential Conflicts of Interest as it pertains to the procurement. Explain mitigation strategies to avoid potential conflicts of interest.

(8) Acquisition Streamlining - FAR 7.105(a)(8)

Discuss plans and procedures to encourage industry participation by using draft solicitations, pre-solicitation conferences, and other means of stimulating industry involvement during design and development in recommending the most appropriate application and tailoring of contract requirements. Select and tailor only the necessary and cost-effective requirements, and state the timeframe for identifying which of those specifications and standards, originally provided for guidance only, shall become mandatory.

(b) Plan of Action - FAR 7.105(b)

(1) Sources - FAR 7.105(b)(1)

i. Indicate the prospective sources of supplies or services that can meet the need.

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ii. Consider required sources of supplies or services (see FAR 8) and sources identifiable through databases including the

Government-wide database of contracts and other procurement instruments intended for use by multiple agencies available at www.contractdirectory.gov/contractdirectory.

iii. Include consideration of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as required by FAR 19.

iv. Consider the impact of any consolidating and/or bundling that might affect small businesses participation in the acquisition

(see FAR 7.107) (15 U.S.C. 644(e) and 15 U.S.C. 657q) (PGI 307.104-70 (b)). In accordance with FAR 7.105(b) (1), when the proposed acquisition strategy involves bundling, identify the incumbent contractors and contracts affected by the bundling (see

FAR 7.107Additional requirements for acquisitions involving consolidation, bundling, or substantial bundling.)

v. Address the extent and results of the market research and indicate their impact on the various elements of the plan (see FAR

10).

(2) Competition - FAR 7.105(b)(2)

i. Describe how competition will be sought, promoted, and sustained throughout the course of the acquisition. If full and open competition is not contemplated, cite the authority in FAR 6.302, discuss the basis for the application of that authority, identify the source(s), and discuss the rationale and basis why full and open competition cannot be obtained.

ii. Identify the major components or subsystems. Discuss component breakout plans relative to these major components or subsystems. Describe how competition will be sought, promoted, and sustained for these components or subsystems.

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iii. Describe how competition will be sought, promoted, and sustained for spares and repair parts. Identify the key logistic milestones, such as technical data delivery schedules and acquisition method coding conferences that affect competition.

iv. When effective subcontract competition is both feasible and desirable, describe how such subcontract competition will be sought, promoted, and sustained throughout the course of the acquisition. Identify any known barriers to increasing subcontract competition and address potential strategies to overcome them.

(3) Contract Type Selection - FAR 7.105(b)(3)

Discuss the rationale for the selection of contract type. For other than firm-fixed-price contracts, see FAR 16.103(d) for additional documentation guidance. Acquisition personnel shall document the acquisition plan with findings that detail the particular facts and circumstances, (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), and associated reasoning essential to support the contract type selection. The contracting officer shall ensure that requirements and technical personnel provide the necessary documentation to support the contract type selection.

(4) Source Selection Procedures - FAR 7.105(b)(4)

Discuss the source selection procedures for the acquisition, including the timing for submission and evaluation of proposals, and the relationship of evaluation factors to the attainment of the acquisition objectives (see FAR 15.3). When an EVMS is required

(see FAR 34.202(a)) and a pre-award Integrated Baseline Review (IBR) is contemplated, the acquisition plan must discuss:

i. How the pre-award IBR will be considered in the source selection decision.

ii. How it will be conducted in the source selection process (see FAR 15.306).

iii. Whether offerors will be directly compensated for the costs of participating in a pre-award IBR.

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(5) Acquisition Considerations - FAR 7.105(b)(5)

i. For each contract contemplated, discuss use of multiyear contracting, options, or other special contracting methods (see

FAR 17); any special clauses, special solicitation provisions, or FAR deviations required (see FAR 1.4); whether sealed bidding or negotiation will be used and why; whether equipment will be acquired by lease or purchase (see FAR 7.4) and why; and any other contracting considerations. Provide rationale if a performance-based acquisition will not be used or if a performance-based acquisition for services is contemplated on other than a firm-fixed-price basis (see FAR 37.102(a), 16.103(d), and FAR

16.505(a)(3)).

ii. For each order contemplated, discuss-

(A) For information technology acquisitions, how the capital planning and investment control requirements of 40 U.S.C. 11312 and OMB Circular A-130 will be met (see FAR 7.103(v) and FAR 39); and(B) Why this action benefits the Government, such as when-

(1) The agency can accomplish its mission more efficiently and effectively (e.g., take advantage of the servicing agency's specialized expertise; or gain access to contractors with needed expertise); or

(2) Ordering through an indefinite delivery contract facilitates access to small business concerns, including small disadvantaged business concerns, 8(a) contractors, women-owned small business concerns, HUBZone small business concerns, veteran-owned small business concerns, or service-disabled veteran-owned small business concerns.

iii. For information technology acquisitions using Internet Protocol, discuss whether the requirements documents include the

Internet Protocol compliance requirements specified in FAR 11.002(g) or a waiver of these requirements has been granted by the agency’s Chief Information Officer.

iii.a. Does Section 508 apply to this procurement? Will this procurement involve the acquisition of Electronic and Information

Technology (EIT) products or services subject to Section 508? Will this procurement involve the production of audiovisual materials, publications, or public affairs services?

Yes

No https://www.acquisition.gov/content/part-17-special-contracting-methods https://www.acquisition.gov/content/part-1-federal-acquisition-regulations-system#i1126600 https://www.acquisition.gov/content/part-7-acquisition-planning#i1118587 https://www.acquisition.gov/content/part-37-service-contracting#i1077789 https://www.acquisition.gov/content/part-16-types-contracts#i1105167 https://www.acquisition.gov/content/part-16-types-contracts#i1104008 https://www.acquisition.gov/content/part-16-types-contracts#i1104008 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-7-acquisition-planning#i1118821 https://www.acquisition.gov/content/part-39-acquisition-information-technology#i1077208 https://www.acquisition.gov/content/part-11-describing-agency-needs#i1114351

iv. For each contract (and order) contemplated, discuss the strategy to transition to firm-fixed-price contracts to the maximum extent practicable. During the requirements development stage, consider structuring the contract requirements, i.e., line items, in a manner that will permit some, if not all, of the requirements to be awarded on a firm-fixed-price basis, either in the current contract, future option years, or follow-on contracts. This will facilitate an easier transition to a firm-fixed-price contract, because a cost history will be developed for a recurring definitive requirement.

(6) Budgeting and Funding - FAR 7.105(b)(6)

Include budget estimates, explain how they were derived, and discuss the schedule for obtaining adequate funds at the time they are required (see FAR 32.7). A completed IGCE must accompany this AP.

i. Independent Government Cost Estimate (IGCE) Date of Completion

ii. Provide a brief explanation how the attached IGCE was developed.

iii. Discuss the schedule for obtaining both adequate funds and the right type of funds at the time they are required. If all necessary funds are not currently available, discuss the schedule for obtaining the additional funds. Provide detailed information on the funding amounts by providing data such as appropriation account, fiscal year, line item, and project name. If funding is from multiple projects, provide a complete listing of each source.

(7) Product or Service Descriptions – FAR 7.105(b)(7)

Explain the choice of product or service description types (including performance-based acquisition descriptions) to be used in the acquisition.

(8) Priorities, Allocations, and Allotments - FAR 7.105(b)(8)

When urgency of the requirement dictates a particularly short delivery or performance schedule, certain priorities may apply.

If so, specify the method for obtaining and using priorities, allocations, and allotments, and the reasons for them (see FAR 11.6).

(9) Contractor versus Government Performance Consideration - FAR 7.105(b)(9)

Address the consideration given to OMB Circular No. A-76 (see FAR 7.3).

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(10) Inherently Governmental Functions - FAR 7.105(b)(10)

Address the consideration given to FAR 7.5.

(11) Management Information Requirements - FAR 7.105(b)(11)

Discuss, as appropriate, what management system will be used by the Government to monitor the contractor's effort. If an Earned

Value Management System (EVMS) is to be used, discuss the methodology the Government will employ to analyze and use the earned value data to assess and monitor contract performance. In addition, discuss how the offeror’s/contractor’s EVMS will be verified for compliance with the Electronic Industries Alliance Standard 748 (EIA-748), Earned Value Management Systems, and the timing and conduct of integrated baseline reviews (whether prior to or post award). (See FAR 34.202.)

(12) Make or Buy - FAR 7.105(b)(12)

Discuss any consideration given to make-or-buy programs (see FAR 15.407-2).

(13) Test and Evaluation - FAR 7.105(b)(13)

To the extent applicable, describe the test program of the contractor and the Government. Describe the test program for each major phase of a major system acquisition. If concurrency is planned, discuss the extent of testing to be accomplished and any testing milestones that will be met before production release.

(14) Logistics Considerations - FAR 7.105(b)(14) – Describe:

i. The assumptions determining contractor or agency support, both initially and over the life of the acquisition, including consideration of contractor or agency maintenance and servicing (see FAR 7.3); support for contracts to be performed in a designated operational area or supporting a diplomatic or consular mission (see FAR 25.301-3); and distribution of commercial items;

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ii. The reliability, maintainability, and quality assurance requirements, including any planned use of warranties (see FAR 46);

iii. The requirements for contractor data (including repurchase data) and data rights, their estimated cost, and the use to be made of the data (see FAR 27); and

iv. Standardization concepts, including the necessity to designate, in accordance with agency procedures, technical equipment as

“standard” so that future purchases of the equipment can be made from the same manufacturing source.

(15) Government-Furnished Property - FAR 7.105(b)(15)

Indicate any Government property to be furnished to contractors, and discuss any associated considerations, such as its availability or the schedule for its acquisition (see FAR 45.102).

(16) Government-Furnished Information - FAR 7.105(b) (16)

Discuss any Government information, such as manuals, drawings, and test data, to be provided to prospective offerors and contractors. Indicate which information that requires additional controls to monitor access and distribution (e.g., technical specifications, maps, building designs, schedules, etc.), as determined by the agency, is to be posted via the enhanced controls of the Government wide Point of Entry (GPE) (see FAR 5.102(a)).

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(17) Environmental and Energy Conservation Objectives - FAR 7.105(b)(17)

Discuss all applicable environmental and energy conservation objectives associated with the acquisition (see FAR 23), the applicability of an environmental assessment or environmental impact statement (see 40 CFR 1502), the proposed resolution of environmental issues, and any environmentally-related requirements to be included in solicitations and contracts (see FAR 11.002 and FAR 11.303).

(18) Security Considerations - FAR 7.105(b)(18)

i. For acquisitions dealing with classified matters, discuss how adequate security will be established, maintained, and monitored

(see FAR 4.4).

ii. For information technology acquisitions, discuss how agency information security requirements will be met.

iii. For acquisitions requiring routine contractor physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system, discuss how agency requirements for personal identity verification of contractors will be met (see FAR 4.13).

iv. For acquisitions that may require Federal contract information to reside in or transit through contractor information systems, discuss compliance with FAR 4.19.

(19) Contract Administration - FAR 7.105(b)(19)

Describe how the contract will be administered. In contracts for services, include how inspection and acceptance corresponding to the work statement’s performance criteria will be enforced. In contracts for supplies or service contracts that include supplies, address whether higher-level quality standards are necessary (FAR 46.202) and whether the supplies to be acquired are critical items (FAR 46.101).

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(20) Other Considerations - FAR 7.105(b)(20) - Discuss, as applicable:

i.:Standardization concepts;

ii. The industrial readiness program;

iii. The Defense Production Act;

iv. The Occupational Safety and Health Act;

v. Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act) (see FAR 50.2);

vi. Foreign sales implications;

vii. Special requirements for contracts to be performed in a designated operational area or supporting a diplomatic or consular mission;

viii. Any other matters germane to the plan not covered elsewhere.

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(21) Milestones for the Procurement Cycle - FAR 7.105(b)(21)

Address the following steps and any others as appropriate:

Procurement Milestone N/A Target Date Revised Date Completion Date

Acquisition Plan Approval

Statement of Work

Specifications

Data Requirements: Information Security Certification

Checklist Completed (Appendix A of HHS Security and

Privacy Language for Information and Information

Technology Procurements, Version 2.0 dated June 26, 2017.)

Completion of acquisition-package preparation

Purchase request

Justification and approval for other than full and open competition where applicable and/or any required D&F approval

Issuance of synopsis

Issuance of solicitation

Evaluation of proposal, audits, and field reports

Beginning and completion of negotiations

Contract preparation, review, and clearance

Contract Award

Please indicate any additional milestones below:

(22) Identification of Participants in Acquisition Plan Preparation - FAR 7.105(b)(22)

Name Role Phone Number Email Address https://intranet.hhs.gov/sites/default/files/s3fs-public/s3fs-public/2019-06/security-privacy-language_1.pdf https://intranet.hhs.gov/sites/default/files/s3fs-public/s3fs-public/2019-06/security-privacy-language_1.pdf https://intranet.hhs.gov/sites/default/files/s3fs-public/s3fs-public/2019-06/security-privacy-language_1.pdf https://intranet.hhs.gov/sites/default/files/s3fs-public/s3fs-public/2019-06/security-privacy-language_1.pdf

Reviews and Approvals of the Acquisition Plan (Required)

Budget Officer/Funds Certifying Official's Certification

Please select one statement below.

I hereby certify that (a) this requirement represents a bona fide need of the fiscal year or years for which the appropriation was made and complies with the Anti-Deficiency Act; and (b) funds are committed for the entire performance period of this acquisition.

I hereby certify that (a) this requirement represents a bona fide need of the fiscal year or years for which the appropriation was made and complies with the Anti-Deficiency Act; and (b) funds are committed for the base period or first increment of performance of this acquisition.

This acquisition will use the multi-year contracting procedures authorized in FAR 17.1 and HHSAR 317.1. I hereby certify that: (a) this requirement represents a bona fide need in the fiscal year or years for which the appropriation was made and complies with the Anti-Deficiency Act; and (b) funds are committed for the first year of performance plus the estimated amount of the full cancellation ceiling.

Funds are not currently committed for this acquisition.

Name & Title Signature Date e

Please fill in with N/A for reviews and approvals that are not required due to the value of the Acquisition. (or your OPDIV policy)

OPDIV Approvals:

Official Name & Title Signature Date

Program/Project

Manager (P/PM)

Business Owner

(Requiring

Activity/COR)

For OPDIV (if necessary)

For OPDIV (if necessary)

Head of the Sponsoring

Program Office(if applicable)

Contracting Officer

Contracting Officer

Supervisor

For OPDIV (if necessary)

OPDIV Policy

Review (if applicable)

Officials Name & Title Signature Date

OPDIV Office of Small and Disadvantaged

Business Utilization

(OSDBU)

OPDIV Chief

Information Officer

(CIO) (if applicable)

OPDIV Competition

Advocate (if applicable)

Head of the Contracting

Activity (HCA)

Department Approvals:

Official Name & Title Signature Date

Office of the General

Counsel (Legal) (if applicable)

HHS Competition

Advocate (if applicable)

HHS Office of Small and

Disadvantaged Business

Utilization (OSDBU)

HHS Chief Information

Officer (CIO) (if IT related)

HHS Senior Procurement

Executive (SPE)

AP Submission Instructions: Per FAR 7.102(a) and HHS policy, a written AP is required for all acquisitions above the simplified acquisition threshold. This AP Template shall be used for all acquisitions with an estimated value (inclusive of options) greater than the threshold requiring Senior Procurement Executive (SPE) approval, or if the Program/Project (P/P) is designated as a

Special Interest and/or High Risk P/P subject to HHS Acquisition Strategy Review Board (ASRB) oversight. For all acquisitions that require SPE review and approval, the AP must be submitted via the Acquisition Document Review (ADR) Portal. It is important to note that you must have an ADR Portal User Account in order to submit your AP via the ADR Portal. Please email OAP@hhs.gov for additional assistance and/or support.

ADR Portal: https://asfr.hhs.gov/OGAPA/DA/WorkforceDevelopment/oawsi/default.aspx

For all acquisitions not requiring SPE review and approval, and are equal to or greater than the simplified acquisition threshold, including task orders under Indefinite Delivery, Indefinite Quantity (IDIQ) contracts (FAR 7.105),OPDIVs may use this AP

Template or their own template which must meet, at a minimum, the AP content requirements outlined in the FAR 7.105 and

HHSAR 307.105.

mailto:OAP@hhs.gov

Additional Guidance

(a)Acquisition Background and Objectives - FAR 7.105(a)

(1) Statement of Need - FAR 7.105(a)(1)

Briefly describe the purpose of and need for the proposed requirement as defined in the approved AS. Start this section with a short, clear and concise statement of goals, objectives, and outcomes for this procurement; making sure to support all the details mentioned.

The Statement of Need should include the following:

a. Applicable Conditions: State all significant conditions affecting the acquisition, including requirements for compatibility with existing or future systems/programs; and any known cost, schedule, and capability/performance constraints.

b. Cost: State the established cost goals for the acquisition and the rationale supporting them. Discuss related cost concepts to be employed including as appropriate, life-cycle cost, design-to-cost, and application of should-cost.

c. Capability or Performance: Highlight the required capabilities/performance characteristics of the supplies or the performance standards of the services being acquired and state how they relate to the need.

d. Delivery or Performance-Period Requirements: Describe the basis for establishing delivery or performance-period requirements. Explain and provide reasons for any urgency if it results in concurrency of development and production or constitutes justification for not providing for full and open competition.

e. Trade-offs: Discuss the expected consequences of the trade-offs among the various cost, capability or performance, and schedule goals.

f. Risks: Discuss technical, cost, and schedule risks and describe what efforts are planned or underway to reduce risk and the consequences of failure to achieve goals. If concurrency of development and production is planned, discuss its effects on cost and schedule risks.

g. Acquisition Streamlining: If specifically designated by the requiring agency as a program subject to acquisition streamlining, discuss plans and procedures to: encourage industry participation by using draft solicitations, presolicitation conferences, and other means of stimulating industry involvement during design and development in recommending the most appropriate application and tailoring of contract requirements; select and tailor only the necessary and cost-effective requirements; and state the timeframe for identifying which of those specifications and standards, originally provided for guidance only, shall become mandatory.

i. Technical and Contractual History

Discuss the scientific/technical context of the requirement and provide relevant acquisition information, including names previous/incumbent contractor(s), periods of performance, contract numbers, and performance problems.

a. Technical History – Past history of the requirement such as existing stage of the hardware/software/technology.

b. Contractual History – Chronological listing of past procurements. For each procurement, provide a brief summary as well as fill in the specific information listed.

Include names of previous/incumbent contractor(s), periods of performance, contract numbers, and performance problems.

Describe the considerations for use of either Statement of Work (SOW) (HHS PGI 307.7108), Statement of Objectives (SOO) (FAR 37.602), Performance Work Statement (PWS) (FAR 37.602).

When necessary for adequate description, a picture, drawing, diagram, or other graphic representation.

ii. Acquisition Alternatives

Describe the impact if prior acquisitions affect the feasible alternative. This should include any existing internal or

Government-wide contracts that satisfy the same or similar needs, results of the market research conducted (FAR 10) that substantiate the need for the alternative chosen, and the potential for using Category Management and HHS Smarter Buying

Program (HHSAR 312.1 and HHS PGI 307.104-7) to leverage Federal or HHS' Strategic Sourcing Vehicles, such as: the

National Institutes of Health, Technology Assessment and Acquisition Center (NITAAC), the Government Wide Acquisition

Contracts (GWACs); Indefinite-Delivery/Indefinite-Quantity (IDIQ) contracts; Blanket Purchase Agreements (BPA).

https://www.acquisition.gov/content/part-7-acquisition-planning#i1118935 https://www.acquisition.gov/content/part-7-acquisition-planning#i1118935 https://intranet.hhs.gov/manual/pgi/part-307 https://www.acquisition.gov/content/part-37-service-contracting#i1077411 https://www.acquisition.gov/content/part-37-service-contracting#i1077411 https://www.acquisition.gov/content/part-10-market-research https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-312-acquisition-commercial-items/index.html https://intranet.hhs.gov/manual/pgi/part-307

(2) Applicable Conditions - FAR 7.105(a)(2)

ii. Constraints

Discuss any factors that might limit or impact the cost, schedule, capability or performance of the requirement (e.g., congressional mandates, time constraints, and technology changes). If such conditions exist, discuss steps that will be taken to promote competition and socio-economic goals, strategies to mitigate the constraint(s), and details on any related contingency plans.

(3) Cost - FAR 7.105(a)(3)

Use of the Acquisition Gateway Independent Government Cost Estimate (IGCE) tool is recommended:

https://hallways.cap.gsa.gov/app/#/igce.

Provide rationale for how the IGCE was developed, explain costs anticipated to increase/decrease over the program/project lifecycle, and describe how cost concerns will be mitigated. Discuss the specific cost techniques or concepts that may be employed.

Note: If the procurement, inclusive of all options, has a value equal to or greater than $20,000,000, please refer to HHSAR

334 Earned Value Management System.

i. Life Cycle-Cost –This technique considers not just the cost of the item being acquired, but the cost of the item over its life. For example, if purchasing a piece of office equipment such as a copier, Lifecycle costing could consider the cost of operation, including parts, supplies, maintenance, etc., in addition to the initial outlay for the piece of equipment. Discuss the costs that will increase/decrease over the program/project lifecycle.

ii. Design-to- Cost –This technique is employed to try to achieve a balance between lifecycle cost, acceptable performance, and schedule. An example of when design-to-cost might be used is in development of a prototype before full production.

Because the highest percentage of product costs are committed based on decisions made during concept development and design, it is imperative that costs be monitored during key decision points.

iii. Application of Should-Cost - This complex process is often appropriate for a major system acquisition (FAR 34). A

Should-Cost Evaluation is a special form of cost-analysis that reviews the economy and efficiency of the contractor's existing work force, methods, or materials. Should-cost reviews are conducted by a multi-functional team that looks at contracting, contract administration, pricing, audit, and engineering issues to identify short and long-term improvements to reduce the cost of performance and to put the Government in a better position to develop a realistic objective for negotiation. Should-cost techniques can be applied to both a P/P as a whole or to overhead costs. This complex process is often appropriate for a major system acquisition.

(4) Capability or Performance - FAR 7.105(a)(4)

Explain why these capabilities may require use of commercial products or services, if applicable (see FAR 12).

(5) Delivery or Performance-Period Requirements - FAR 7.105(a)(5)

Specify the period of performance required for total procurement and, if applicable, the estimated duration of each phase for this procurement. Describe the rationale for establishing the delivery or performance schedule (see FAR 11.4). For supplies and services, describe all factors considered including; urgency of need, industry practices, market conditions, transportation time, production time, capabilities of small business concerns, etc., that are expected to impact delivery/performance requirements.(see FAR 11.402 (a))

For construction programs/projects, describe all factors considered including; nature and complexity of the project, construction seasons, required completion date, availability of materials and equipment, capacity of the contractor to perform, etc. that are expected to impact delivery/performance requirements (see FAR 11.402 (b)). Indicate whether the requirement is for construction management services or involves the acquisition of construction manager-at-risk services.

Construction manager- at-risk is a delivery method that entails a commitment by the construction manager to deliver a project within a Guaranteed Maximum Price (GMP).

Discuss the Government's requirement in terms of delivery or performance-period (FAR 11.4). The delivery or performance schedule must be realistic and meet the needs of the Government; however, it should not be unnecessarily short or difficult to attain, as such actions restrict competition, result in higher prices, and are inconsistent with small business policies. In establishing delivery schedules, the following factors should be taken into consideration: urgent needs, industry practices, https://www.acquisition.gov/content/part-7-acquisition-planning#i1118935 https://www.acquisition.gov/content/part-7-acquisition-planning#i1118935 https://hallways.cap.gsa.gov/app/#/igce https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-334-major-system-acquisition/index.html https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-334-major-system-acquisition/index.html https://www.acquisition.gov/content/part-34-major-system-acquisition https://www.acquisition.gov/content/part-7-acquisition-planning#i1118935 https://www.acquisition.gov/content/part-12-acquisition-commercial-items https://www.acquisition.gov/content/part-7-acquisition-planning#i1118935 https://www.acquisition.gov/content/part-11-describing-agency-needs#i1114112 https://www.acquisition.gov/content/part-11-describing-agency-needs#id1617MD00RJC market conditions, production time, small business capabilities, and the time needed for the Government to fulfill its obligations such as furnishing Government property/information or inspections. Also, explain how performance will be monitored.

(6) Trade-Offs – FAR 7.105(a)(6)

For IT investments, include or reference the applicable portion of the alternatives analysis section of the required HHS

Enterprise Performance Life Cycle (EPLC) business case. For major construction/facilities capital investments, include or reference the applicable portion of the current HHS business case, reviewed and approved by an appropriate governance structure, and the supporting acquisition strategy along with the supporting AS.

The Business Case is a documented, structured proposal for business improvement that is prepared to facilitate a selection decision for a proposed investment or project by organizational decision makers. The Business Case describes the reasons and justification for the investment or project in terms of business process performance, needs and/or problems, and expected benefits. It identifies the high-level requirements that are to be satisfied, an analysis of proposed alternative solutions (with reasons for rejecting or carrying forward each option), assumptions, constraints, a risk-adjusted cost-benefit analysis, and preliminary acquisition strategy. It should identify why a business capability is necessary and what business benefits can be expected by implementing this project. Avoid identifying a specific product or vendor as the solution. The background information provided should be at a level of detail sufficient to familiarize senior managers with the history, issues and customer service opportunities that can be realized through improvements to business processes with the potential support of IT. This background information must not offer or predetermine any specific automated solution, tool, or product.

Ensure that agency planners on information technology acquisitions comply with the capital planning and investment control requirements in 40 U.S.C. 11312 and OMB Circular A-130. (FAR 7.103(v))

Ensuring that agency planners on information technology acquisitions comply with the information technology security requirements in the Federal Information Security Management Act (44 U.S.C. 3544), OMB’s implementing policies including Appendix III of OMB Circular A-130, and guidance and standards from the Department of Commerce’s National

Institute of Standards and Technology. (FAR 7.103(w))

Additional information technology policy and guidance:

Enterprise Performance Life Cycle Framework - OVERVIEW DOCUMENT

HHS Federal Information Technology Acquisition Reform Act (FITARA) Implementation-Revised HHS IT

Governance Framework

HHS Federal Information Technology Acquisition Reform Act (FITARA) HHS Implementation Plan, September

Memorandum: HHS Cloud Computing and Federal Risk and Authorization Management Program Guidance

HHS Policy for Software Asset Management (SAM)

HHS Policy for Capital Planning and Investment Control (CPIC), September 2016

HHS Policy for IT Enterprise Performance Lifecycle (EPLC), October 6, 2008

HHS Rules of Behavior for the Use of HHS Information and IT Resources Policy

IT Policies & Standards

Leadership For IT Security & Privacy Across HHS

HHS Section 508 - OCIO and ASPA Roles, Responsibilities and FAQsFederal Information Security Management

Act (44 U.S.C. 3544), OMB’s implementing policies including Appendix III of OMB Circular A-130, and guidance and standards from the Department of Commerce’s National Institute of Standards and Technology.

OCIO Federal IT Acquisition Reform Act Approval Guidance

Vendor Management Office Information Technology Acquisition Review Processes

(7) Risks – FAR 7.105(a)(7)

i. Discuss methods for assessing, monitoring and controlling issues to mitigate, manage and/or minimize any technical, cost, and schedule risks identified that may affect the ability of program to accomplish and meet the program/project objectives for a successful outcome. Discuss major areas of technical risk and address any other risks including strategic market, legal, human capital, and change management risk. For each risk identified, explain the proposed mitigation effort(s). For IT investments, provide the HHS Enterprise Performance Life Cycle (EPLC) Risk Management Plan. Ensure that the Risk

Management Plan accurately establishes that the security and privacy requirements have been identified and planned for. For https://www.acquisition.gov/content/part-7-acquisition-planning#i1118935 https://intranet.hhs.gov/it/strategy-policy-governance/eplc/artifacts/eplc_business_case_template.doc https://intranet.hhs.gov/it/strategy-policy-governance/eplc/artifacts/eplc_business_case_template.doc https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11312&num=0&edition=prelim https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A130/a130revised.pdf https://www.acquisition.gov/content/part-7-acquisition-planning#i1118821 https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title44-chapter35-subchapter2&edition=prelim https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A130/a130revised.pdf https://www.acquisition.gov/content/part-7-acquisition-planning#i1118821 https://www.hhs.gov/sites/default/files/ocio/eplc-lifecycle-framework.pdf https://www.hhs.gov/web/governance/digital-strategy/hhs-fitara-implementation-revised-hhs-it-governance-framework.html https://www.hhs.gov/web/governance/digital-strategy/hhs-fitara-implementation-revised-hhs-it-governance-framework.html https://www.hhs.gov/sites/default/files/hhs-fitara-implementation-plan.pdf https://www.hhs.gov/sites/default/files/hhs-fitara-implementation-plan.pdf https://intranet.hhs.gov/policy/cloud-computing https://www.hhs.gov/web/governance/digital-strategy/it-policy-archive/hhs-policy-for-software-asset-management.html https://www.hhs.gov/digitalstrategy/hhs-ocio-cpic-policy-2016.html https://www.hhs.gov/web/governance/digital-strategy/it-policy-archive/policy-for-information-technology-enterprise-performance.html https://www.hhs.gov/web/governance/digital-strategy/it-policy-archive/hhs-rules-of-behavior-for-the-use-of-hhs-information-and-it-resources-policy.html https://www.hhs.gov/web/policies-and-standards/index.html https://www.hhs.gov/about/agencies/asa/ocio/cybersecurity/information-security-privacy-program/index.html https://intranet.hhs.gov/technical-support/accessibility-at-hhs/roles-responsibilities-faqs http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A130/a130revised.pdf…