The Acquisition Connector
Transcription
The Acquisition Connector
IMCOM G9 NAF Contracting August 24, 2011 The Acquisition Connector The newsletter for the Army NAF Contracting Professional whose role is less visible, yet vital to the improvement of the quality of life for Soldiers, their families, and communities. HAPPY Summer Stay safe and cool and make sure you drink plenty of water, don’t forget your sunscreen, and keep your car coolant topped off! Reasons for A-E Contracts NAF Contracting Quote of the Quarter: “A goal without a plan is just a dream” ~ Antoine de Saint-Exupery There are many reasons for using Architect-Engineer (A-E) services; the following is a list of some of the reasons for utilizing A-E Contracts Submitted By: Bob Desilets A-Es can provide Subject Matter Experts (SMEs) in engineering disciplines such as Civil, Electrical, Fire, Mechanical, & Plumbing. SMEs can be especially useful to the NAFI by serving on Technical Evaluation Panels & reviewing technical proposals submitted by Offerors. Volume 7 Summer 2011 Inside this issue: New Developments 2 Automation Bits 3 Law & Order 4 The Contracting Professional 5 CLP Word Search 7 Employee Spotlight 8 SMEs are very useful in supporting the NAFI in litigation actions by serving as a technical consultant to the NAFI and providing analysis of design and construction documents. NAFIs often times lack the capability for in-house A-E functions that are needed to support the development of design and construction projects. A-Es can provide concept design plans to show that projects are capable of being executed on the selected project site. A-Es can assist the NAFI by developing technical SOWs and applicable attachments necessary for Request for Proposals. A-Es are better positioned to prepare design and construction cost estimates, based on their close relationship with the construction industry. A-Es can provide Contracting Officers with assistance in negotiating contract pricing. This service can include the generation of cost estimates and reviewing price proposals. A-Es can provide Title I (design) and Title II (construction) inspection services to ensure projects are executed in accordance with design & specifications. The newsletter has a column called “Dear PCA”. If you have a policy question please send it to us and we will get it answered and possibly put the response in the next newsletter. No question is silly so start sending those questions! We hope you enjoy this edition of The Acquisition Connector! Dear PCA, Do option years have to be priced at time of award? Answer: In accordance with AR 215-4, 4-3a(3), options in contracts should be priced at the time of initial award. Priced options may be firm dollar amounts or may be tied either to published indices predetermined at the time of solicitation or award or to a maximum percentage increase. Remember that when exercising option periods, you should take a look at the pricing to ensure that it is still fair and reasonable and annotate that in the file. If the pricing is no longer fair and reasonable based on changes in the marketplace then the requirement should be re-competed and the option should not be exercised. Restructuring The IMCOM G9 NAF Contracting Division has restructured ourselves to better serve our Leadership, Customers and Employees. The above organizational chart is the current structure and staffing of the division. The Programs, Compliance and Analysis (PCA) Division is now broken out into separate teams to handle their respective areas of operation. N E W D E V E L O P M E N T S If you have any questions or concerns please just shoot us an e-mail and we will be glad to address it! “When you are through changing, you are through.” ~ Bruce Barton Page 2 SNACS Food for Thought - Upgrade to PRISM 7.0 A U T O M A T I O N B I T S Page 3 Recently Army NAF Contracting upgraded SNACS from PRISM 6.5 to the more user friendly PRISM 7.0 version. This change is most visible in the Welcome Screen and Purchase Request module. The left hand menu options are gone and there is now a “next” button at the bottom of the window replacing the “submit” button. Additionally there is a mass-replace feature available. This allows for lines and fields to be replaced all with a single entry. Future plans for SNACS include upgrading from PRISM 7.0 to 7.1 (first quarter of FY12) and making SNACS “CAC Enabled”. SNACS - Useful Tips & Tricks Use the percent symbol (%) when doing searches. The percent symbol is considered a wildcard (like one-eyed-jacks in poker). Normally SNACS will search for anything starting the characters you enter, but when using the percent symbol, you can focus your search. Example: A crumpled invoice arrives and you can make out the award number (0123) and FY (11) but not the contracting office code or contract type code. You could search for NAF%-11-%-0123. Once you get the results, compare them to your invoice & see if there are any awards to that specific vendor at or near the dollar amount from the invoice. If you continuously use the same accounting codes, save them in your profile settings. Example: Lets say your accounting code is IC1-PC-LC-DC-123. Access the Welcome Screen -> My Profile -> Accounting Codes -> Add. In the “Description:” field, enter a name identifying this code. Then enter an Installation Code, NAFI Code, Program Code, Location Code, Department Code, and GLAC. Click Submit. To use the saved codes: On each line item on a Purchase Request select the Accounting Code field’s magnifying glass which is the “search” for your saved codes. Select the appropriate code from you list applicable to this line item. Once the fields are filled, they can be fine-tuned as needed. SNACS - Requestor Training Army NAF Contracting will start offering SNACS Requester Training on the last Monday of each month via DCO. Sessions are being scheduled for 0700-1030, 1300-1630, and 1800-2130 Central Time. Training will feature the SNACS Global Purchase Request module and will focus on the following features: Welcome Screen, Inbox, Creating a Purchase Request, Routing for Approval, and Amending a Purchase Request. For additional information or to RSVP, please send an email to PRTraining@SNACS.info. FACEBOOK Don’t forget to check out our 2 Facebook pages - US Army NAF Contracting & SNACS. When you have a moment, please visit these pages, post a comment and “Like” them! Your resource for new, misunderstood, complicated, and just plain interesting contracting topics—from a lawyer’s perspective. Information on Clauses BI-042 & 43 Don’t Overpay When Using Clauses BI-042 or BI-043 Recently one of our lawyers reviewed a proposed contract award for a maid service contract at a NAFI lodging facility. Our review uncovered a problem which can arise when awarding a service contract which includes clause BI-042, Fair Labor Standards Act and Service Contract Act, Adjustment for Multiple Year and Option Contracts (Nov 2005). In brief, clause BI-042 is used in solicitations for firm fixed price contracts which include the Service Contract Act clause BI-041 and which are for multiple years with options to renew. The clause states that offerors are not to include a contingency to cover any increased costs for which adjustment is provided under this clause. The clause goes on to provide that unit price labor rates will be adjusted pursuant to the clause annually or upon the start of any option period to reflect changes in the Department of Labor wage determination or the minimum wage law. Clause BI-043 is similar, but applies to contracts subject to the Service Contract Act which are not for multiple years and which do not include an option to renew. In the maid service contract that we reviewed, the proposed awardee proposed annual price increases of 5% to cover the “cost of inflation.” We observed that 5% appeared to be excessive and to violate the injunction in clause BI-042 against including contingencies in proposals for future wage and benefit increases for service employees. In this case, while the offeror may have been able to justify a modest annual price increase to cover anticipated price increases for cleaning supplies, and other non-labor costs. However, the contractor could not justify 5% across the board annual price increases, when the price of labor (the greatest element of cost under this contract) would be adjusted on an annual basis pursuant to clause BI-042. If the proposed pricing had not been questioned, the maid service contractor would likely have received an unjustified pricing windfall. So please make sure contractors do not overcharge the NAFI by including adjustments for labor costs in their option year pricing since BI.042 automatically allows for such changes, either annually or during option renewal, in accordance with the Department of Labor wage rates. Congratulations to Lori Gray!!! We are pleased to announce that Ms. Lori Gray has been selected to become the new Chief of the Europe Office. Lori replaces Ruth Lee, who has served in Europe for the past two years. Lori reports to Kaiserslautern at the end of August. Lori has served for the past several years as the Chief of the Acquisition and Support Office for the Army Recreation Machine Program located at Ft. Carson, Colorado. She is a highly experienced, Level-III certified contracting officer. Prior to her assignment to ARMP, Lori worked at the CFSC Headquarters Contracting Office where she awarded major supply and service contracts. Lori has a Masters in Business Administration and is very knowledgeable in the business aspects of contracting. Lori will be joined in Europe by her husband and 15-year old son. She has been highly effective in managing ARMP's worldwide contracts and will be greatly missed by her staff and peers. L A W & O R D E R Page 4 The C O N T R A C T I N G P R O F E S S I O N A L Page 5 The Training, Certification, and Career Management Program Reminder to Chiefs - access your subscription to “Federal Acquisition Report” - it has many interesting articles such as “Patent ambiguities demand further Contractor action”. If you don’t remember the username and password, please contact Mary Sandborn. http://publications.managementconcepts.com Mark Your Calendar!!! “Brown Bag” Training - all staff are encouraged to submit topics of interest to either your Chief or Mary Sandborn @ mary.sandborn@us.army.mil to develop future brown bag training sessions. Training Courses! Training Courses: DAU - Changes to DAU curriculums for all CON courses become effective October 1, 2011, which will impact on our Training and Certification Program. Guidance and updating of our TCCMP handbook is currently being worked. Alternate sources we currently use will provide support during this transition. UPDATES! Under Construction - A NAF Construction course is still in development stages with a launch date in FY12. The course will cover many of the challenging aspects of Capital Purchases and Minor Construction (CPMC) projects that are NAF specific. The NAF Acquisition Management Course is tentatively scheduled for this October 2011, pending final approval by the IMCOM Academy. IMCOM Academy - It is very important for all the staff to update their profile at the IMCOM Academy (www.imcomacademy.com). The Academy is up and running, but unfortunately not all of the documents previously housed are still available. Please re-establish your file with documents/certificates in hopes of getting back on track. Good News! The Basic Contracting, MWR Basic Management, and MWR Orientation Courses are back online at the Academy. Army NAF Contracting Contracting Officer’s Representative (COR) Training Requirements All prospective CORs are recommended to complete the following on-line courses based on the complexity of the contract they will be assigned. The courses can be accessed by following the link https://www.atrrs.army.mil/ channels/aitas. Remember all COR training requirements are at the discretion of the Contracting Officer. CLC 106 - Contracting Officer Representative with a Mission Focus. (Basic; approx. 8 hours to complete) CLC 011 - Contracting for the Rest of Us (Basic introduction to contracting in layman’s terms; mostly text w/some video; approx. 2 hours to complete) CLM 024 - Contracting Overview (Overview on market research, developing source selection criteria and evaluation factors; scenario-based; approx. 8 hours to complete) CLM 003 - Ethics Training for AT&L Workforce (Scenario-based; approx. 2 hours to complete) CLC 222 – Online Training for Contracting Officer's Representative (COR) (This course is specifically designed for Contracting Officer's Representatives (CORs) who are responsible for assuring that contractors are performing the technical portion of their job; approx. 32 hours to complete). The communication between the Contracting Officer and the COR will determine exactly which courses need to be completed. Contracting Officers should maintain copies of all certificates. Reminder!!!! The below e-mail addresses are available in SNACS to assist you with any questions you may have. AskPolicy@snacs.info Ratifications@snacs.info Training@snacs.info UnsolicitedProposals@snacs.info Warrants@snacs.info TDYRequests@snacs.info (Note: This link is only applicable to G9 HQ staff) From left to right: Adreanna Casper, Lori Gray, Sherry Rickertt, & Ron Parker Page 6 Are you aware that our newsletter is also posted on our NAF Contracting website at http://www.armymwr.org/programs/nafcontracting/default.aspx The C O N T R A C T I N G P R O F E S S I O N A L CLP Word Search CLP Credit: Submit answers and specific AR 215-4 (July 2008) regulation citations - for example “2-8f(2) (a)”. Your submission must achieve a minimum grade of 85% and be submitted by 31 Dec 2011 to receive 1 CLP credit. Submit your answers to: Mary.Sandborn@us.army.mil. V M C Z N K Z J A M M R E S T O R A T I O N L N U T I C H L D D U A R S E T M C E E E C R E T R A Y R A I R F O J A M C N N F C N H E O I I I C I E B I P K Y N N F C R D B Z V S S M A I G Q W V A O N I E T T D A V S T L W Q N I A C A Z R I A V O T O R P Q F X O Z N T Y N R G B X X N I 1. The __________clauses authorize contracting officers to terminate contracts for convenience or for default and to enter into settlement agreements.________AR215-4 2. The contracting officer has the authority to terminate a contract for______, in part or in whole, because of the contractor’s actual or anticipated failure to perform its obligations under the contract.________AR215-4 3. As required by the _____, individuals involved in the NAF acquisition process shall receive ethics training. ________AR215-4 4. _________ is the act of approving, by an official who has the authority to do so, an unauthorized commitment for the purpose of paying for supplies or services provided to the NAFI.________AR215-4 5. ____________ means the recurrent, day-to-day, periodic, or scheduled work required to preserve a Government owned facility, its installed equipment, and its premises in such a condition that it may be used for its designated purpose.________AR215-4 6. ____________ means the repair or replacement work to restore facilities damaged by inadequate sustainment, excessive age, natural disaster, fire, accident, or other causes.________AR215-4 7. ____________means the alteration or replacement of facilities solely to implement new or higher standards, to accommodate new functions, or to replace building components that typically last more than 50 years (such as the framework or foundation).________AR215-4 8. _______ solicitations. The contracting officer should establish and maintain records of oral price quotations in order to reflect clearly the propriety of placing the order at the price paid with the supplier concerned. In most cases, this will merely show the names of the suppliers contacted and the prices and other terms and conditions quoted by each. The contracting officer may use DA Form 5567 (Abstract of Offers (Nonappropriated Funds)) to record this information, and if needed DA Form 5567–1 (Abstract of Offers (Nonappropriated Funds, continuation sheet).________AR215-4 Page 7 Employee Spotlight — Happenings in NAF Contracting!!!! Cookout Day at the Atlantic Region South NAF Contracting Office! Submitted By: Debbie Butler Walter Reed Organizational Day Submitted By: Thomas Vandell Walter Reed Army Medical Center's final Organization day held 6 May 2011. The picture is Thomas Vandell, a Contract Specialist with the Atlantic Region North, and Norma J. Brooks. Page 8 New Administrative Assistant at G9 NAF Contracting HQ Welcome to Heitza Calzada! Atlantic Region South NAF Contracting Staff Take Advantage of the Civilian On-Duty Health Promotion Program Submitted By: Debbie Butler Debbie has eight employees that have participated in the IMCOM Employee Wellness and Civilian Fitness Program since the beginning of March. In the picture is Nadine Dixon (Admin Assistant) and Jerome Heath (Purchasing Agent). The Atlantic Region South office is the only office on post that is participating and the local paper did an article on them. Debbie wants to remind supervisors to let their staff take advantage of this fitness program! Page 8