Pre-Solicitation Compliance Review Checklist (updated 11282022).pdf

Last update: 28 November 2022 1

NATIONAL GUARD BUREAU COMPLIANCE REVIEW CHECKLIST – PRE-SOLICITATION

COMPLIANCE REVIEW LOG #: NA DATE OF REVIEW: 18 May 23

REVIEWER: Matthew Lapointe CONTRACTING OFFICE: W50S8A

RFQ/RFP #: W50S8A23Q0011 PROPOSED CONTRACT TYPE: FFP

PCO/CONTRACT SPECIALIST: Spencer Winn EST. RELEASE/AWARD DATE: 1 June 23

ACQUISITION NAME: Air Show Bike Fence TYPE OF BUY (SUPPLY OR SERVICE):

SOLE SOURCE OR COMPETITIVE: SUPPLY ESTIMATED VALUE (including options): $32,950

Y/N/NA

DESCRIPTION

COMMENT

I. Requirements Package

NA Acquisition Plan prepared and approved IAW regulation/policy? (Acquisitions >= $10M for development; >=$50M for all years or $25M in an individual year for production/services - not required for final buyout or one-time buy unless multiyear contract or contract with options or phases.) FAR 7.103; FAR 7.105; FAR 7.106; FAR

7.107; FAR 7.108; DFARS 207.105; DFARS 207.106; PGI 207.105; DFARS

207.103(d)(i)(B); AFARS 5107.103; NGB PIM 2021-04 (PIM 2021-04 can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Oversight Library > Procurement Implementation Memorandums (PIMs))

Not required

NA Acquisition Strategy accurately prepared/approved and in file? (all services

>SAT) AFARS 5137.5; NGB PIM 2021-05

(PIM 2021-05 can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Oversight Library > Procurement Implementation Memorandums (PIMs))

Not a service over

SAT

NA AT/OPSEC Cover Sheet in file? (required for all services and all supplies >SAT; not required for supplies < SAT, field ordering officer actions, and GPC purchases)

AFARS 5107.9101

(ATOPSEC Cover sheets for ARNG and ANG can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > PRP & Customer Templates)

Supply- equipment rental

NA If action is for commercial IT hardware software, or services and not using a CHESS or approved AF contract vehicle, is an approved CHESS/AFWAY Waiver in file? AFARS 5139.101-90; AFMAN 17-1203, Chapter 4 (see Network-Centric Solutions-2 to 2nd Generation IT (2GIT) Transition memo dated Oct 2019 for current AF approved source (in place of NETCENTS) required for Air Force funded IT services)

Not IT

NA If access to classified information may be required, is the electronic Contract Security Classification Specification, DD Form 254, attached to the solicitation?

FAR 4.403(c); DFARS PGI 204.403(1); AFARS 5104.403; AR 715-30 (Secure Environment Contracting, dated 23 SEP 2019) Para B-3.g; AR 380-49 (Industrial Security Program, dated 20 Mar 2013) Para 1-29 and Chapter 4

Classified not required

NA Is the draft solicitation DD Form 254 signed by the Security Manager? The Requiring Activity's (RA's) Industrial Security Specialist must sign DD Form 254, block 17 acknowledging and accepting the security requirements. Include clause 52.204-2 in the solicitation; FAR 4.404(a); AFARS 5104.403; AR 715-30, Para B-4.g; AR 380- 49 (Industrial Security Program, dated 20 Mar 2013) Para 1-29 and Chapter 4

Classified not required

Y Funding, certified, proper amount, proper appropriation, proper time or short of award memo or conditioned on availability of funds in file? FAR 4.803(a)(3);

FAR 32.702; AFARS 5132.702, NGB PIM 2016-03

(PIM 2016-03 can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Oversight Library > Procurement Implementation Memorandums (PIMs))

See A.03 file:///C:/STAFF file:///C:/D01 file:///C:/D01 file:///C:/D01 file:///C:/Users/ file:///C:/STAFF file:///C:/D01 file:///C:/D01 file:///C:/D01 file:///C:/Users/ file:///C:/STAFF file:///C:/D01 file:///C:/D01 file:///C:/Users/ file:///C:/Users/ file:///C:/STAFF file:///C:/D01 file:///C:/D01 file:///C:/D01 file:///C:/Users/

Last update: 28 November 2022 2

NA For Actions > SAT is IGCE/revised IGCE signed by preparer and preparer’s supervisor; certification of independent development by the Government prior to seeking any formal proposals from contractors; enough detail to verify the validity of the contractor's proposal and include a basis of estimate? FAR 4.803(a)(7); AFARS 5107.9002; DoD Independent Government Cost Estimate (IGCE) Handbook for Services Acquisition, last updated Feb 2018

Under SAT

Y Was Market Research (less than 12 months old) conducted in accordance with regulation and documented in the official contract file? (Required > SAT or, if less than SAT, when information is not available and circumstances justify the cost.)

PARC Policy Alert # 15-80 requires Market Research to include an assessment of the Preferred Source Initiatives/Category Management Requirements. FAR 4.803; FAR 10.001; FAR 10.002; FAR 12.101(a); FAR 12.202; FAR 19.501; DFARS 210.001;

AFARS 5110.002; PARC Policy Alert # 15-80: Selection of Army Strategic Sourcing Initiatives as a Preferred Source (Effective 20 May 2015) Was Market Research Template on GKO used?

(NGB Market Research Report Template can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > PRP & Customer Templates)

See A.02

NA For actions limiting competition to Name Brand, peculiar to one manufacturer, etc., was Market Research conducted to identify alternatives brands/products.

FAR 6.302-1; FAR 8.405-6(b); FAR 13.501(a)

Competition not limited

NA Is FAR Clause 52.210-1, Market Research, in solicitation and contracts over $6 million for the procurement of items other than commercial items? FAR 10.003;

FAR 52.210-1

Under $6M

NA Is the work statement prepared as a Performance-Based Work Statement (PWS) and contract deliverables clearly defined and traceable to the PWS? Is the revised PWS in the file? FAR 37.602(b)(1) Validate whether latest PWS template was used (security requirements updated Jan 2021) (NGB PWS/PRS Template can be accessed on GKO using the following path:

OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > PRP & Customer Templates)

Not performance based

Y Does the work described in the PWS exclude inherently Governmental tasks?

FAR 7.503; FAR 37.102(c); DFARS 207.503; AFARS 5107.503

NA Does the PWS/SOW include the requirement for contractors to complete Service Contract Reporting (SCR) for contracts with a total value over $3M (Note: Reporting has now transitioned from eCMRA to SAM and the SCR language in the PWS template has been updated)? AFARS 5137.9101; Policy Alerts # 20-109, #21-07, #21-09

If yes, does solicitation include 252.204-7023 Reporting Requirements for Contracted Services and NGB PWS template language?

(NGB PWS/PRS Template can be accessed on GKO using the following path:

OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > PRP & Customer Templates)

Under $3M

NA Does the PWS identify the minimum performance standards (i.e., in terms of quality, timeliness, quantity, etc.) that will be acceptable to the Government and any incentives/disincentives that may be assessed? FAR 37.601(b) NOTE:

PRS should not contain a performance standard for every task described in the

PWS.

PWS guides install

NA If the Army contract directs vendors to screen, for installation and facility access, contractors who are not CAC-eligible, does the PWS/SOW comply with Army Directive 2014-05 (for ARNG contracts) or AFI 10-245, AFI 31-101 and AFMAN 31-113 (for ANG contracts)? Validate whether latest PWS template was used (security requirements updated Jan 2021).

(NGB PWS/PRS Template can be accessed on GKO using the following path:

OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > PRP & Customer Templates)

NA Is a Quality Assurance Surveillance Plan (QASP) documented in the contract file? Mandatory whenever a COR is appointed, unless specifically exempted in file:///C:/D01 file:///C:/Users/ file:///C:/Users/ file:///C:/STAFF file:///C:/D01 file:///C:/D01 file:///C:/Users/ file:///C:/STAFF file:///C:/D01 file:///C:/D01 file:///C:/Users/ file:///C:/STAFF file:///C:/D01

Last update: 28 November 2022 3 writing by the contracting officer. Mandatory for service contracts greater than SAT.

FAR 37.603; FAR 37.604; FAR 46.102; FAR 46.401; DFARS 246.401;

DASA(P)/SAAL-PP Memo - Post Award Oversight and Surveillance of Contracts, dated 21 Oct 10 (QASP Template can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates>PRP & Customer Templates)

NA Has a Contracting Officer's Representative (COR) been nominated via the JAM module in PIEE? A COR is required for all service contracts unless exempted in writing by the KO IAW PGI 201.602-2. FAR 1.602-2(d); DFARS 201.602-2(d)(1);

AFARS 5101.602-2-91(a); DoDI 5000.72 DoD Standard for Contracting Officer’s Representative (COR) Certification, dated 26 March 2015, incorporating change 2 dated 6 Nov 2020, para. 3 and enclosure 3; DoD Contracting Officer’s Represenatives Guidebook, May 2021

Supply- COR not required

NA Are copies of the COR’s refresher/updated training and certification of OGE Form 450 uploaded in PIEE? Is the training current? 5 CFR Part 2634.904; FAR 4.8; DFARS 201.602(d)(1); DFARS PGI 201.602-2(d); AFARS 5101.602-2-91; DoDI

5000.72 DoD Standard for Contracting Officer’s Representative (COR) Certification, dated 26 March 2015, incorporating change 2 dated 6 Nov 2020, para 3, Enclosures 3,4, and 5 and Tables 2, 3, and 4; DoD Contracting Officer’s Represenatives Guidebook, May 2021

Supply- COR not required

NA Is a properly completed Request for Service Contract Approval Form (RSCAF) signed by the accountable General Officer or Senior Executive in file? AFARS 5107.503(e); AR 70-13 (Management and Oversight of Service Acquisitions, dated 30 July 2010) 2-2d

Supply

II. Pre-Solicitation Notice

NA Evidence of synopsis for at least 15 days in the file? Actions between $15,000 and $25,000 must be displayed in a public place or by any electronic means and those over > $25,000 are required to be synopsized in beta.sam.gov unless Contracting Officer determination in the file indicating what exception applies. RFQs are mandatory for GSA actions >SAT or Brand Name >$25K. Do not use a combined synopsis/solicitation for CHESS/AFWAY actions. FAR 5.101(a)(1), FAR 5.101(a)(2), FAR 5.202; FAR 205(f); FAR 8.405-1(d)(2); FAR 8.405-1(e); FAR 12.203;

FAR 12.206; FAR 13.105; FAR 16.505(a)

COMBO

III. Reviews/Approvals/Justifications

NA Approval for Single Award Task/Delivery Order Contract (SATOC) >$100M obtained. FAR 16.504(c)(1)(ii)(D); DFARS 216.504(c)(1)(ii)(D)

Under $100m

NA For acquisitions greater than the SAT, if a non-DoD contract is being used (includes GSA), does the contract file comply with acquisition regulations, and the Army's Policy for use of Interagency Acquisitions, 30 June 2014?

Completion of non-DoD Contract Approval Form and Economy Act D&F as appropriate? FAR 17.5; DFARS 217.5; DFARS 217.7; AFARS 5117.5; PARC Policy Alert #14-64 (Interagency Acquisitions); PARC Policy Alert # 19-131 (Army’s Non-DoD Contract Vehicle Form and Economy Act D&F can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates>PRP & Customer Templates) (NOTE: See NGB specific guidance on the Directorate of Acquisitions GKO site entitled Assisted Acquisitions for Offloads), which can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions >Assisted Acquisition [purple rectangle on right side of page])

Under SAT

NA If competition is limited in any way, is there a signed Determination (if estimated cost is under the SAT) or a signed J&A (if above the SAT or >$100M for 8(a)) with the appropriate level approvals in the official contract file – Sole Source, Brand Name, Unusual and Compelling Urgency, Exception to Fair Opportunity? Section 803 of the NDAA for 2002; Section 888(a) of the NDAA for 2017; Section 823 of the NDAA for 2020; FAR 4.803(a)(2); FAR 6.302; FAR 6.303;

FAR 6.304; FAR 8.405-6; FAR 13.106-1(b); FAR 13.501; FAR 16.505; DFARS 206.302-1; DFARS 206.303-1; DFARS PGI 206.305 Were the Army and NGB templates used?

Competition not limited file:///C:/STAFF file:///C:/D01 file:///C:/D01 file:///C:/Users/ file:///C:/STAFF file:///C:/D01 file:///C:/D01 file:///C:/Users/ file:///C:/STAFF

Last update: 28 November 2022 4

(Templates can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Oversight Library > Compliance Tools and Templates > J&A Templates)

NA Were legal reviews obtained in accordance with regulation and incorporated into the official contract file? AFARS 5101.602-2-90; AFARS 5104.803(a)(24);

Local Guidance

Not required

NA Were internal/external reviews and approvals obtained as required (CoCo review, Compliance review/SRB, etc.? DFARS 201.170; AFARS 5101.170; NGB

PIM 2021-03

(NGB PIM 2021-03 can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Oversight Library > Procurement Implementation Memorandums (PIMs))

NA DD 2579 prepared for all actions (including Federal Supply Schedules and scope increase mods) over $10K (except those under the SAT that are totally set aside for small business concerns IAW FAR 19.502-2), applicable signatures/approvals obtained, and supported by market research? FAR 19.502- 2(a); DFARS 219.201(c)(10)(A); OUSD Memo dated 11 July 2012, Increasing Opportunities for Small Business through Small Business Set-Asides Under the SAT (NOTE: DD 2579 must be completed in the VCE DD2579 module)

Reserved for SB

NA For commercial contracts, does the file contain a written commerciality determination by the contracting officer for acquisitions exceeding the SAT?

Approval at one level above the contracting officer when a commercial item determination relies on paragraphs (1)(ii), (3), or (4), or (6) of the “commercial product” definition at FAR 2.101 or paragraph (2) of the "commercial service" definition at FAR 2.101 FAR 2.101; FAR 12.101(a); DFARS 212.102 (NGB D&F Templates can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > D&F Templates)

Under SAT

NA Is a Determination for including and evaluating options in file? FAR 17.202;

FAR 17.205, FAR 17.206

(NGB D&F Templates can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > D&F Templates)

No options

NA Does the D&F supporting a lack of subcontracting possibilities provide a reasonable/ supportable basis and approved at a level above the Contracting Officer? FAR 19.705-2(c) (NGB D&F Templates can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > D&F Templates)

No options

NA Is a D&F justifying use of Time and Materials (T&M) or Labor Hour (LH) contract with required approval level prior to issuance of solicitation in file? FAR 12.207(b)(2); FAR 16.601(d)(1)(i) and (ii); DFARS 212.207; DFARS 216.601(d)(i)(A)(2); DFARS Class Deviation 2012-O0016 ; PARC Policy Alert #14-60 (NGB D&F Templates can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > D&F Templates)

FFP

IV. Solicitation

Y Does the solicitation require completion of applicable certifications and representations via the System for Award Management (SAM) (www.sam.gov)?

FAR 4.1202; FAR 12.301(b)(2)

Y Are actions > $25,000 synopsized in beta.sam.gov unless Contracting Officer determination in the file indicating what exception applies? (Actions between $15,000 -$25,000 displayed in a public place?) RFQs are mandatory for GSA actions >SAT or Brand Name >$25K. FAR 5.101(a); FAR 5.202; FAR 5.205(f); FAR 8.405-1(d)(2); FAR 8.405-1(e); FAR 12.203; FAR 12.206; FAR 13.105 (Note: Do not use a combined synopsis/solicitation for CHESS actions.)

Y Is the North American Industry Classification System (NAICS) code selected appropriate for the procurement if greater than the micro purchase threshold file:///C:/D01 file:///C:/D01 file:///C:/Users/ file:///C:/STAFF file:///C:/D01 file:///C:/D01 file:///C:/Users/ file:///C:/STAFF file:///C:/D01 file:///C:/D01 file:///C:/Users/ file:///C:/STAFF file:///C:/D01 file:///C:/D01 file:///C:/Users/ file:///C:/STAFF file:///C:/D01 file:///C:/D01 file:///C:/Users/ file:///C:/STAFF file:///C:/D01 file:///C:/D01 http://www.sam.gov/

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(MPT)? FAR 19.303; DFARS 219.303; OUSD(AT&L) Memorandum SUBJECT - Correctly Identifying Size Status of Contractors, dated July 21, 2010

Y If the action was greater than the MPT and below the SAT, was it exclusively reserved for small business concerns unless the contracting officer documented the file for unrestricted purchase? FAR 19.502-2

NA If soliciting Brand Name or Equal, are salient characteristics identified? FAR

11.104; DFAR 11.105; DFARS PGI 211.105

Not brand name or equal

NA Does the solicitation and contract line item describe the products or services to be delivered in a quantity and unit of measure that relates to actual deliveries or contract performance completion? Are Periods of Performance or Delivery Dates identified for each CLIN/SLIN? No contract action should be issued using lump sum or dollars as a unit of measure. FAR 4.1001; DFARS 204.7103; DFARS 204.7103-1(a)(3); DPAP Memo 3 Oct 2011, Subject - Contract Line Item Pricing Integrity, Policy Alert #19-139

NA If amendments were issued to the solicitation, were they issued in accordance with the regulation and placed in the official contract file? FAR 14.208 for IFBs;

FAR 15.206 for Negotiated Procurements

Y Does the commercial solicitation include all applicable commercial clauses?

FAR 12.301 Validate no duplications in clauses incorporated by reference or in full text

Y Does the commercial streamlined solicitation (combined synopsis/solicitation) contain the additional information/details describing the action, terms and conditions, etc. provided in FAR 12.603(c)(2)?

NA If the contract will be awarded to a Small Business over the SAT, does the solicitation include 52.219-8 Utilization of Small Business Concerns? FAR 19.708(a)

Under SAT

NA Is FAR clause 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters included if the action is expected to exceed $600K? FAR 9.104-7

Under $600K

Y Is FAR clause 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards included when your solicitation is $30,000 or more? FAR 4.1403

NA If acquisition is expected to exceed $750K and offers subcontracting opportunities, does the solicitation include FAR clause 52.219-9? Does not apply to small business concerns. FAR 19.702(a); FAR 19.708(b)

Under $750K

NA If the PWS/SOW includes the information assurance requirement, did you include DFARS I/A Contractor Training and Cert Clause 252.239-7001? DFARS 239.7103

NA Is the Privacy Act FAR clauses 52.224-1 and 52.224-2 included that require the design, development or operation of a system of records on individuals? FAR 24.104

Y Did you include FAR clause 52.232-39, Unenforceability of Unauthorized Obligations? (required in all solicitations and contracts) FAR 32.706-3; PARC Policy Alert #13-67

NA Is FAR Clause 52.219-14, Limitations on Subcontracting, included in solicitation and contract for supplies and services if any portion of the requirement is to be set aside or reserved for small business or 8(a) concerns? FAR 19.508(e); FAR 19.811-3(e);

NA Does the solicitation comply with the Sustainable Acquisition Policy and advance sustainable acquisition by requiring products that are 1) energy efficient, 2) water efficient, 3) biobased, 4) environmentally-preferable, 5) non-ozone depleting, or 6) made with recovered materials? FAR 23.002; FAR 23.103; Executive Order 13514

NA For contracts acquiring energy-consuming products or for services or construction that include the energy-consuming products, are ENERGY STAR or FEMP-designated products specified and FAR 52.223-15 included? 42 U.S.C.

8259; FAR 23.203(a); FAR 23.206

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NA If applicable, does the solicitation contain a provision that imposes limitations on contracting to avoid, neutralize, or mitigate actual or potential organizational conflict of interest (OCI)? FAR 9.507-1 (NGB PWS/PRS Template can be accessed on GKO using the following path:

NA If options are included, does the solicitation state how they will be evaluated?

FAR 12.602(b); 17.203(b); FAR 52.212-2

No options

NA If Options are included, is the FAR 52.217-8 - Option to Extend Services clause included in the solicitation and appropriately filled in? FAR 17.208(f); FAR 52.217-8;

No options

NA When Option Periods are included, is the FAR 52.217-9 - Option to Extend the Term of the Contract clause included in the solicitation and appropriately filled in? FAR 17.208(g); FAR 52.217-9

No options

NA If appropriate, is FAR Clause 52.237-3, Continuity of Services, included in the solicitation when services are considered vital and must be continued without interruption and the government anticipates difficulties during the transition from one contractor to another and there is enough time for it to be included?

FAR 37.110

NA Prior to issuing a solicitation on a sole source basis or if all potential offerors are known, was exclusions of offerors checked and included in file?

(www.sam.gov) SAM is required to be checked twice per FAR 9.405(d)(1) and (d)(4);

Army memo SUBJECT: Mandatory Use of Robotic Process Automation (RPA) Contractor Responsibility Determination “Bot” for the Army Contracting Enterprise, dated 20 DEC 2019; Information Alert #20-27; https://procurement.army.mil/BOT

Not sole source

NA Is Homeland Security Presidential Directive-12 (HSPD-12) for Personal Identity Verification Procedures included in the PWS and the FAR clause 52.204-9 in the solicitation? Not required for intermittent access or the contract is for less than 6 months; however, if the contractor requires access to DoD networks the clause applies. FAR 4.1303; SecArmy Memo dated 31 Oct 13, SUBJECT - Uncleared Contractor Common Access Card Credentialing and Installation Access (NGB PWS/PRS Template can be accessed on GKO using the following path:

OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > PRP & Customer Templates)

Not applicable to equipment rental

NA Was FAR Clause 52.203-13, Contractor Code of Business Ethics and Conduct, included in full text in all solicitations expected to exceed $6M and where the performance period is 120 days or more? FAR 3.1004(a); PARC Policy Alert #14-

Under $6M

NA Was SF 1449, Solicitation/Contract/Order for Commercial Items used to place orders for commercial items exceeding the SAT? (NOTE: not used for a combined synopsis/solicitation) FAR 12.603(b); DFARS PGI 208.406-1

COMBO

NA For FSS actions above SAT, did the RFQ include a description of the supplies to be delivered/ services to be performed and the basis of award? FAR 8.405- 1(d)(2)

Not FSS orde

Y When soliciting quotations or offers under SAP, did the contract file documentation support that the Contracting Officer notified potential quoters or offerors of the basis on which award would be made (price alone or price and other factors)? FAR 13.106-1(a)(2)

See 52.212-2

NA Have the appropriate DFARS Trade Agreement and Buy American Act or Balance of Payments clauses been included in the solicitation and resultant supply contract? DFARS 225.872-1(a) for Excepted/Qualifying Country List;

DFARS 225.1101(1), (2), (5) through (11)

NA Does the solicitation include a separate line item to allow for payment of the requirement for contractors to complete the Army's Service Contract Reporting in service contracts greater than $3M, meeting the requisite portfolio categories/PSC Codes? AFARS 5137.9101; Policy Alerts # 20-109, #21-07, #21-

Under $3M file:///C:/STAFF file:///C:/D01 file:///C:/D01 file:///C:/Users/ https://procurement.army.mil/BOT file:///C:/STAFF file:///C:/D01

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NA If the acquisition is Subject to Availability of Funds, are the applicable clauses contained in the solicitation - FAR 52.232-18 or 52.232-19? FAR 32.706

NA Are the WAWF Clauses, DFARS 252.232-7003 (by reference) and DFARS 252.232- 7006 (full text) included in the solicitation? DFARS 232.7004 In 252.232-7006(f)(3), are approved Army DoDAACs used in the fill ins for the “Issued by” and “Admin” fields? eBiz Announcement: “Usage of FA6 DODAACs prohibited as Issue or Admin DODAAC on Contract” email dated 28 June 2021

Y If contract requires payment instructions, is DFARS 252.204-7006 included in the solicitation? DFARS 204.7109

See PC&Cs

NA If services are covered by the Service Contract Labor Standards, are the most recent wage determinations and applicable clauses included in the solicitation?

(services contracts > $2500) FAR 22.1006

Supply

NA Did the Contracting Officer verify that the Requiring Activity clearly demonstrated that providing Government Property met the four elements in FAR 45.102/DFARS PGI 245.103-70 and ensure that the justification is documented in the contract file? (does not include property for repair, maintenance, overhaul or modification or property that is “incidental to the place of performance”) FAR 45.102(b); DFARS PGI 245.103-70; instructions in NGB PWS Template, part 3 (NGB PWS/PRS Template can be accessed on GKO using the following path:

NA Did the Contracting Officer insert a listing of the Government Furnished Property (GFP), in the required fillable format, to be offered/provided in the solicitation/contract where GFP was anticipated/furnished? FAR 45.201(a);

DFARS PGI 245.103-72; instructions in NGB PWS Template, part 3 (NGB PWS/PRS Template can be accessed on GKO using the following path:

OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > PRP & Customer Templates)

GFP not required

NA Did the Contracting Officer verify that the Requiring Activity properly documented that incidental property, with required data elements, are included as an attachment to the solicitation? AFARS PGI 5145.000

GFP not required

NA Did the Contracting Officer verify that the Requiring Activity properly documented the control, reporting, inventory requirements, maintenance, repair, disposition and loss of incidental to the place of performance within the Performance Work Statement (PWS)? AFARS PGI 5145.000

GFP not required

NA Did the Contracting Officer verify that the Requiring Activity specified if the Government or contractor is responsible for maintenance and repair costs of the incidental property and conditions by which the contractor could be liable for loss in the PWS? AFARS PGI 5145.000

GFP not required

NA If an evaluation factor or subfactor is not used when GFP is provided, did the solicitation require offerors to submit a Property Management Plan that meets the requirements of FAR 52.245-1 and is appropriately tailored to complexity, sensitivity, and value of the property proposed to be provided and/or acquired?

Not required for incidental property. FAR 52.245-1; AFARS PGI 5145.201

GFP not required

NA Did the Contracting Officer specify in a competitive solicitation that the contractor is responsible for all costs related to making the property available for use, such as payment of all transportation, installation or rehabilitation costs? FAR 45.201(b)

GFP not required

NA Did the Contracting Officer ensure that the solicitation described the evaluation procedures to be followed, including rental charges or equivalents or other costs or savings to be evaluated, and required all offerors to submit the required information to evaluate use and charges including a Property Management Plan? FAR 45.201(c)(1)-(4); AFARS PGI 5145.201

GFP not required

NA Are additional property management instructions not addressed in FAR 52.245- 1 specifically addressed in the SOW/PWS or in a special provision? FAR 45.201(d)

GFP not required file:///C:/STAFF file:///C:/D01 file:///C:/D01 file:///C:/Users/ file:///C:/STAFF file:///C:/D01

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NA Are the appropriate property clauses in the solicitation? FAR 45.107; DFARS

211.274-6; DFARS 245.107; AFARS PGI 5145.107

GFP not required

NA When the contractor will have access to or generate unclassified information that may be sensitive and inappropriate for release to the public, is DFARS clause 252.204-7000, Disclosure of Information included? DFARS 204.404-70(a)

Y Is DFARS clause 252.204-7003, Control of Government Personnel Work Product, included in all solicitations and contracts? DFARS 204.404-70(b)

See P&Cs

Y Is clause 52.222-50, Combating Trafficking in Persons, included in all solicitations/contracts? FAR 22.17

See P&Cs

Y Is DFARS clause 252.203-7002, Requirement to Inform Employees of Whistleblower Rights, included in all solicitations/contracts that use FAR part 12 procedures for the acquisition of commercial items? DFARS 203.970

See P&Cs

Y Is DFARS Clauses 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls, included in all solicitations and 252.204-7012, Safeguarding of Unclassified Controlled Technical Information, included in all solicitations and contracts, including FAR Part 12 Acquisition of Commercial Items except for those solely for COTS items? DFARS 204.7304

See P&Cs

NA Does the solicitation/contract contain the appropriate regulatory clauses for IT contracts for Cyberspace and Cybersecurity, including 252.239-7001, Information Assurance Contractor Training and Certification; 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information and 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting? DoD Directive 8140.01, "Cyberspace Workforce Management"; DoD Directive 8570.01-M, "Information Assurance Workforce Improvement Program"

Not IT

Y Is FAR clause 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities included in all solicitations and contracts? FAR 4.2004 (When using FAR part 12, this clause is automatically included if clause 52.212-5 is included; clause must be included separately if using DoD Class Deviation 2018- O0021, SEP 2018, instead of 52.212-5)

See P&Cs

NA If procuring a covered system or covered item of supply, are all necessary performance specifications, evaluation factors, provisions and clauses (DFARS 252.239-7017, 252.239-7018) to enable use of the authorities in Section 806 pursuant to DFARS 239.73 included? DFARS 239.7306

NA Does the COR possess the required training to oversee IT contracts for Cyberspace and Cybersecurity? DoD Instruction 5000.72, DoD Standard for Contracting Officer's Representative (COR) Certification, dated 26 March 2015, incorporating change 2, dated 6 Nov 2020

NA Is DFARS Provision 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (DEVIATION 2021-O0006) included in the solicitation if the contract is not for the acquisition of commercial satellite services that is expected to result in contracts of $150,000 or more? Follow prescription in Deviation in lieu of the prescription in

DFARS 225.771-5.

Note: If the solicitation includes the provision at FAR 52.204-7, do not separately list this provision in the solicitation.

NA Is DFARS Clause 252.225-7051 - Prohibition on Acquisition of Certain Foreign Commercial Satellite Services (DEVIATION 2021-O0006) in the contract if the contract is for the acquisition of commercial satellite services? Follow prescription in the deviation in lieu of the prescription in DFARS 225.772-5(b)

NA Is a price reduction requested for GSA actions >SAT? FAR 8.405-4

NA Is/Are the proper FAR Quality Clause(s) in the contract? FAR 46.201(a); FAR subpart 46.3

NA If submission of cost or pricing data or information other than cost or pricing data will be required, does the solicitation include provisions FAR 52.215-20 and 52.215-21 (if for modifications)? FAR 15.408(l)&(m)

Last update: 28 November 2022 9

NA Has the KO documented the file with the D&F justifying the use of LPTA?

DFARS 215.101-2-70(a)(viii) (NOTE: carefully review all limitations and prohibitions for use of LPTA IAW DFARS 208.405, DFARS 212.203(1); DFARS 213.106- 1(a)(2)(ii); DFARS 215.101-2-70; and DFARS 216.505(b)(1)(A))

Not LPTA

Y Does the solicitation clearly identify all evaluation factors and significant sub-factors and their relative importance when conducting a negotiated procurement using a trade-off approach? FAR 15.101-1(b)(1)&(2)

Price, Technical, past performance

NA Does the solicitation clearly establish the acceptability criteria of all evaluation factors and significant sub-factors when conducting a negotiated procurement using a LPTA approach? FAR 15.101-2(b)(1)&(2)

Y If discussions are not expected, is it clearly stated in the solicitation that the award may be made without discussions? FAR 52.212-1(g); FAR 15.209(a); FAR 52.215-1(f)(4)

See P&Cs

NA If the Contracting Officer determined the use of evaluation factors were appropriate for a commercial item, were the evaluation factors established in the solicitation? FAR 12.602; FAR 12.301(c); FAR 13.106-1(a)(2) if Commercial under SAP

NA Appointment of SSA. For acquisitions with a total estimated dollar value of $100M or more, is the SSA an individual other than the PCO? For all other acquisitions, the PCO may serve as the SSA. FAR 15.303; DoD Source Selection Procedures, dated 31 March 2016; AFARS Appendix AA: Army Source Selection Supplement (AS3)

Under $100m

NA Is the Source Selection Plan (SSP) approved before release of solicitation?

(FAR 15.303(b)(2); DoD Source Selection Procedures, dated 31 Mar 2016; AFARS Appendix AA: Army Source Selection Supplement (AS3)

SAP not negotiated procedures used

NA Are the appropriate Technical/Risk Rating Tables and Past Performance Relevancy Ratings Table included in the SSP? DoD Source Selection Procedures, dated 31 March 2016; AFARS Appendix AA: Army Source Selection Supplement

(AS3)

SAP not negotiated procedures used

NA Are the Source Selection Plan evaluation factors, significant sub-factors and their relative importance consistent with Sections L&M (exactly as they appear in the SSP; note relative importance not required for LPTA)? DoD Source Selection Procedures, dated 31 March 2016; AFARS Appendix AA: Army Source Selection Supplement (AS3)

SAP not negortiated procedures used.

Y Does the solicitation provide clear instructions for the structure and format of proposals (e.g., page limits, separate volumes, # of copies, etc.)? FAR 52.212-1;

FAR 15.204-5(b)

See 52.212-1

NA Do the proposal submission requirements provided in Section L (or equivalent) track to the information related to the evaluation criteria in Section M (or equivalent) and the PWS? FAR 12.301(b)(1); FAR 52.212-1; FAR 52.212-2; FAR 15.204-5(b)

UCF not sued

NA Does the solicitation provide for the mandatory evaluation considerations of Quality? FAR 15.304(c)(2); DoD Source Selection Procedures, dated 31 March 2016; AFARS Appendix AA: Army Source Selection Supplement (AS3)

NA Are the evaluation criteria designed to support meaningful comparison and true discrimination between competing proposals? FAR 21.602; FAR 15.304; DoD Source Selection Procedures, dated 31 March 2016; AFARS Appendix AA: Army Source Selection Supplement (AS3)

NA Does the solicitation state whether all evaluation factors other than cost or price, when combined, are either (1) significantly more important than cost or price; (2) approximately equal to cost or price, OR; (3) significantly less important than cost or price? FAR 12.602(a); FAR 13.106-1(a)(2)(iii); FAR 15.304(e); DoD Source Selection Procedures, dated 31 March 2016; AFARS Appendix AA: Army Source Selection Supplement (AS3)

NA Has the Contracting Officer documented the reason past performance is not an appropriate evaluation factor for the acquisition? FAR 12.602(b); FAR 15.304(c)(3)(iii) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/15.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/15.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/15.htm

Last update: 28 November 2022 10

NA If discussions are expected for procurements $100M or more, did the Contracting Officer include FAR 52.215-1, Alt 1 in the solicitation? FAR 15.209(a); DFARS 215.209

Y Have the acquisition milestones been updated prior to release of solicitation?

PARC Policy Alert #18-121 ASA(ALT) Strategic Approach to Lead Time

See PCF

Y Is FAR Provision 52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment included in the solicitation? FAR 4.2105 (Note: required for all solicitations issued on or after 13 Aug 2020)

See P&Cs

Y Is FAR Clause 52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment included in the solicitation? FAR 4.2105 (Note: required for all solicitations issued on or after 13 Aug 2020) (When using FAR part 12, this clause is automatically included if clause 52.212-5 is included; clause must be included separately if using DoD Class Deviation 2018- O0021, SEP 2018, instead of 52.212-5)

See P&Cs

NA Is FAR Provision 52.204-26 Covered Telecommunications Equipment or Services-Representation, included in the solicitation? FAR 4.2105

NA Are DFARS Provisions 252.204-7016 - Covered Defense Telecommunications Equipment or Services—Representation, DFARS Provisions 252.204-7017 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation and DFARS Clause 252.204-7018 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, in the solicitation? DFARS 204.2105 (Note: Required for all solicitations after 31 December 2019)

NA Is DFARS Provision 252.239-7098, Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites—Representation (DEVIATION 2021-O0003) (APRIL 2021), in all solicitations, including solicitations for the acquisition of commercial items under FAR part 12?

NA Is DFARS Provision 252.213-7000, Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations included in the solicitation? DFARS 213.106-2 Applies to competitive solicitations for supplies valued at less than or equal to $1 million under the authority at FAR subpart 13.5.

NO LONGER IN

DFARSNA

NA Are DFARS Provision 252.225-7055, Representation Regarding Business Operations with the Maduro Regime, and DFARS Clause 252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime, in the solicitation? DFARS 225.7020-5(a) and (b) (Note: Required for all solicitations after 26 May 2022)

NA Is DFARS Clause 252.225-7052, Restriction on Acquisition of Certain Magnets, Tantalum, and Tungsten in all solicitations over the SAT, including solicitations for the acquisition of commercial items under FAR part 12? DFARS 225.7018-4

NA Is FAR Provision 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation, FAR Clause 52.229-12 Tax on Certain Foreign Procurements, and DFARS Clause 252.229-7014, Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements in all solicitations over the SAT, including solicitations for the acquisition of commercial items under FAR part 12? (Note:

52.229-11 is required for all solicitations unless an exception applies) FAR 29.402-3;

DFARS 229.402-70

Indefinite Delivery Indefinite Quantity (IDIQ) Contracts

NA Did the Contracting Officer document the decision whether or not to use multiple awards in the acquisition plan or contract file? FAR 16.504(c )(1)(ii)(C)

NA When documenting the decision to award a single-award IDIQ contract with an estimated value exceeding $100M, did the Contracting Officer's determination address the requirements of FAR 16.504(c)(1)(ii)(D)(1) and DFARS 216.504(c)(1)(ii)(D)?

NOTE: Authority to approve is the Army Senior Procurement Executive.

Last update: 28 November 2022 11

NA Does the solicitation and contract specify the period of performance for the contract, including the number of options and the period for which the Government may extend the contract under each option? FAR 16.504(a)(4)(i)

NA Does the solicitation and contract specify the total minimum and maximum quantity of supplies or services the Government will acquire under the contract? FAR 16.504(a)(4)(ii)

NA Is a statement of work, specifications, or other description included that reasonably describe the general scope, nature, complexity and purpose of the supplies or services being acquired? FAR 16.504(a)(4)(iii)

NA Is a description of the activities authorized to issue orders included? FAR 16.504(a)(4)(vi)

NA Has the agency task and delivery order ombudsman been included if multiple awards may be made? FAR 16.504(a)(4)(v)

NA Does the contract state the procedures that the Government will use in issuing orders? FAR 16.504(a)(4)(iv)

Task/Delivery Orders

NA Was market research conducted before awarding a task or delivery order under an IDIQ contract for a noncommercial item in excess of the SAT? The Contracting Officer may use market research conducted within 18 months before the award of any task or delivery order if the information is still current, accurate and relevant. FAR 10.001(a)(2)(v)); FAR 10.002(b)(1) NOTE: The contracting officer must certify in writing the market research is still current, accurate, and relevant and document how this was validated.

NA If fair opportunity was not provided to all contractors within the Multiple Award ID/IQ pool, was the exception to fair opportunity documented in writing and placed in the file? FAR 16.505(b)(2)(ii)(A) or (B)