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GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL (GSAM)
(a) Unclassified Proposals. In most cases, the best practice is to require offerors to submit proposals and modifications to the issuing contracting office. You may chose to use the local Business Service Center (BSC) for receipt and safeguarding of proposals. If so, make appropriate arrangements with the BSC.
(b) Classified Proposals. Handle classified proposals and quotations according to 504.4, 41 CFR Part 105-60, and GSA Freedom of Information Act procedures at http://www.gsa.gov/staff/c/ca/FOIA/FoiaProc/mainpage.html.
(c) Recording of offers. Abstracts help to summarize key aspects of proposals when you receive multiple responses to a solicitation (see FAR 4.803(a)(10)).
(1) You may use GSA or Standard Forms prescribed for abstracting bids in sealed bidding to abstract proposals or quotations in competitively negotiated procurements. You may modify the forms to include the information necessary for evaluation.
(2) Abstracts contain contractor bid or proposal information and source selection information. See FAR 15.201, 15.207, 15.306, 15.5, and 24.2 about disclosing information.
You may use GSA Form 1602, Notice Concerning Solicitation, to do any of the following:
(a) Describe the type of contract, the duration of the contract, and the type of supplies or services being procured.
(b) Direct the attention of prospective offerors to special requirements which, if overlooked, may result in rejection of the offer.
(c) Highlight significant changes from previous solicitations covering the same supplies or services.
(d) Include other special notices as appropriate.
In addition to the policies and procedures of FAR 15.3, Appendix 515A, Source Selection Procedures, provides guidance and advice on various source selection techniques.
515.305 Proposal evaluation.(a) Restrictions placed on a proposal by the submitter. If you receive a proposal with more restrictive conditions than those in the provision at FAR 52.215-1(e), ask whether the submitter is willing to accept the conditions of the paragraph at FAR 52.215-1(e). If the submitter refuses, consult with legal counsel on whether to accept the proposal as marked or return it. |
(b) Actions before releasing proposals. Before releasing any proposal to an evaluator you must take all the following actions: (1) Obtain the signed original “Conflict of Interest Acknowledgment and Nondisclosure Agreement” from each Government and nongovernment individual serving as an evaluator. Use the Acknowledgment/Agreement in Figure 515.3-1. (i) For employees of other Executive agencies, replace the reference in paragraph (c) of the Acknowledgement/Agreement to GSA’s supplemental standards with a reference to the applicable agency. (ii) For nongovernment evaluators, substitute paragraph (c) of the Acknowledgement/Agreement with the language below and delete paragraph (h): “(c) I have read and understand the requirements of subsection 27(a) and 27(b) of the Office of Federal Procurement Policy Act (41 U.S.C. 423).” |
(2) Attach to each proposal a cover page bearing the following notice: |
(c) Cost or price evaluation—MAS. When evaluating prices under MAS, compare an offeror’s price to GSA with its price to other customers. In this comparison, consider discounts for early payment to the extent provided in 552.232-8, Discounts for Prompt Payment.
(d) Past performance evaluation information:
(1) You must use information from the Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov when evaluating an offeror’s past performance. In addition, you may also obtain information through:
(i) Questionnaires tailored to the circumstances of the acquisition,
(ii) Interviews with program manages and contracting officers, or
(iii) Other sources.
(2) You may obtain information to evaluate an offeror’s past performance on subcontracting plan goals and small disadvantaged business participation, monetary targets, and notifications under FAR 19.1202-4(b) from the following sources:
(i) The Small Business Administration.
(ii) Information on prior contracts from contracting officers and administrative contracting officers.
(iii) Offeror’s references.
(iv) Past performance information collected under FAR 42.15 and available through PPIRS.
515.305-70 Use of outside evaluators.(a) Conditions. To use outside evaluators, you must meet the restrictions in FAR 37.203 and 537.2. |
(b) Limitations on disclosing proposal information. You may disclose proposal information outside the Government before the Government’s decision as to contract award only to the extent authorized in this section. Disclosure and handling must comply with FAR 3.1 and 503.1.
(d) Relationship to the Freedom of Information Act. Release of a proposal outside the Government for evaluation does not constitute the release of information under the Freedom of Information Act (5 U.S.C. 552).
Limit access to Government cost estimates to Government personnel whose official duties require knowledge of the estimate. During negotiations, you may disclose part or all of the Government estimate under FAR 15.306(e) when necessary to arrive at a fair and reasonable price. After award, you may reveal the total amount of the independent Government estimate.
To determine if a contract action meets the threshold at FAR 15.403-4 for requesting cost and pricing data, consider the value of the action plus any priced options. Exercise of a priced option is not a price adjustment and does not require submission of cost and pricing data.
(a) “Field pricing assistance” is provided by the Assistant Inspector General-Auditing, or the Regional Inspector General-Auditing, as appropriate.
(b) Follow the procedures in GSA Order, Audit resolution and follow-up system, Ch. 3 (ADM P 2030.2B) for handling contract audit reports.
(a) Structured approach for determining profit or fee objectives. Base the analysis of profit factors on information available to the Government before negotiations. Obtain such information from proposals, audit data, performance reports, preaward surveys and the like. The structured approach helps establish a profit objective. It also provides a basis for documenting the objective, including an explanation of any significant departure from this objective in reaching a final agreement. Prepare documentation commensurate with the dollar value and complexity of the proposed procurement.
(b) Exemptions from requirement to use the structured approach.
(1) The following types of procurements are exempt from the structured approach:
(i) Management contracts for operation and/or maintenance of Government facilities.
(ii) Contracts primarily requiring delivery of material supplied by subcontractors.
(iii) Termination settlements.
(iv) Cost-plus-award-fee contracts.
(v) Contracts and contract modifications of $100,000 or less in value.
(vi) Architect-engineer and construction contracts.
(2) You may request exemptions for other contracts having unusual pricing situations where you determine the structured approach is unsuitable. Document your justification in writing. The HCA must approve all such exemptions.
(c) Other methods for exempted procurements. Under exempted procurements, you may use other methods for establishing profit objectives. In general, use methods supported in a manner similar to the structured approach (profit factor breakdown and documentation of profit objective). Exclude factors within the structured approach that do not apply to the procurement.
(d) Profit-analysis factors. Consider the following factors when you negotiate profit. Use the weight ranges listed after each factor when you use the structured approach.
(e) GSA Form 1766. You may use GSA Form 1766, Structured Approach Profit/Fee Objective, to help compute the profit objective. Measure the Contractor Effort by assigning a profit percentage within the designated weight ranges to each element of cost recognized.
(f) Facilities capital cost of money. If you allow facilities capital cost of money as an item of cost, either as a part of your price/cost objective in a firm fixed price type contract or as an allowable cost in a flexibly priced type contract, e.g., cost reimbursement or fixed price incentive type contract, reduce the profit/fee objective as follows. After you develop a dollar profit/fee amount for the requirement, subtract from that aggregate dollar profit/fee amount any dollar amount allowed for facilities capital cost of money. The remainder is the profit/fee objective.
(g) Calculating profit dollars. After computing a total dollar profit for Contractor Effort, calculate the specific profit dollars for the categories under Other Factors. Do this by multiplying the total Government cost objective, excluding any cost of money for facilities capital, by the specific weights assigned to the elements in Other Factors.
(h) Common factors. In determining the value of each factor, consider the definition, description, and purpose of the factors prescribed in FAR 15.404-4(d) and this subsection.
(1) General management. Management problems surface in various degrees. Consider the management expertise exercised to solve them as an element of profit. For example, a new program for an item that involves advanced state of the art techniques may involve more problems and require more managerial time and abilities of a higher order than a follow-on contract. If an initial contract creates more problems and merits a higher profit weight, then a follow-on should merit a downward adjustment, as many of the problems should have been solved. Evaluate the underlying managerial effort involved on a case-by-case basis.
(2) Other costs. Include all other direct costs of contractor performance under this item (e.g., travel and relocation, direct support, and consultants). When you analyze these costs, consider:
(i) Their significance.
(ii) Their nature.
(iii) How much they contribute to contract performance.
(3) Contract cost risk. When you select the proper contract type, the reward for risk by contract type will usually fall into the ranges below.
(i) Cost-reimbursement type contracts. 0–3 percent. A cost-plus-a-fixed-fee contract does not normally justify a reward for risk in excess of 0 percent. Only a contract that contains cost risk features such as ceilings on overhead might merit a higher weight. Such cases may justify up to 1 percent. Cost-plus-incentive-fee contracts fill the remaining portion of the 0 to 3 percent range. For these, assign weightings based on such factors as confidence in target cost, share ratio of fee(s), etc.
(ii) Fixed-price type contracts. 3–7 percent. This weight range is wide enough to accommodate the many types of fixed-price arrangements. Assign weightings based on the cost risk assumed. Only firm fixed-price contracts should reach the top end of the range.
(iii) Subcontracting program. The contractor’s subcontracting program may significantly impact the contractor’s risk under a contract. It could affect risk in terms of both cost and performance. Consider this in selecting a weight for cost risk. The prime contractor may effectively transfer cost risk to a subcontractor. This merits a risk evaluation below the range that would otherwise apply for the contract type proposed. However, you should not evaluate risk lower when a substantial portion of the contract cost represents subcontracts, but without any substantial transfer of contractor’s risk.
(iv) Definitizing letter contracts, unpriced change orders, and unpriced orders under basic ordering agreements. Consider the effect on risk as a result of partial performance before definitization. Some circumstances may effectively reduce the contractor’s total risk, while others may have no effect. Determine an equitable profit weight for all recognized costs, both those incurred and future costs. Consider all attendant circumstances, not just the portion of costs incurred or percentage of work completed before definitization.
(v) Service contracts. Apply a weight range of 0 to 4 percent for cost risk. A firm fixed-price contract, not priced on a labor-hour method, may warrant high consideration for contractor cost risk. It may merit a weight up to 4 percent. Conversely, a cost-plus-fixed-fee service contract normally warrants a zero cost risk factor.
(4) Capital investments. In evaluating this factor for profit weights, consider the following:
(i) Facilities.
(A) To evaluate how this factor contributes to the profit objective, you need to know the level of facilities use needed for contract performance, the source of financing for the facilities, and the overall cost effectiveness of the facilities offered.
(B) Contractors who furnish their own facilities that significantly contribute to lower total contract costs, warrant additional profit. Contractors who rely on the Government to provide or finance facilities warrant less profit. Evaluate situations between the above examples on their merits and make either a positive or negative profit weight adjustment, as appropriate.
(C) You do not need to adjust the profit when a contractor who owns a large quantity of facilities will perform a contract that does not benefit from these facilities, or when a contractor’s use of its facilities has a minimum cost impact on the contract.
(ii) Payments. Consider the frequency of payments by the Government to the contractor. Assess the impact the contract will have on the contractor’s cash flow. Generally, payments more frequent than monthly merit negative consideration, with maximum reduction as the contractor’s working capital approaches zero. Payments less frequent than monthly merit positive consideration, with additional consideration for payments less frequent than the contractor’s or the industry’s normal practice.
(a) The structured approach for determining profit or fee objectives was designed for other than nonprofit organizations. However, if modified as below, you may use it to establish fee objectives for nonprofit organizations (See FAR 31.701). Do not apply the modifications as a deduction to historical fee levels. Instead apply them as a reduction in the fee objective calculated under the structured approach.
(b) For contracts with nonprofit organizations, subtract an adjustment of up to 3 percent from the total profit-fee objective. In developing this adjustment, consider each of the following factors:
(1) Tax position benefits.
(2) Granting of financing through letters of credit.
(3) Facility requirements of the nonprofit organization.
(4) Other factors that may work to the advantage or disadvantage of the contractor as a nonprofit organization.
If a contractor insists on a price or demands a profit or fee that you consider unreasonable as outlined in FAR 15.405(d), refer the matter to one level above the contracting officer for resolution.
515.408 Solicitation provisions and contract clauses.MAS Requests for Information Other Than Cost or Pricing Data (a) You should use Alternate IV of the FAR provision at 52.215-20, Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data, for MAS contracts to provide the format for submission of information other than cost or pricing data for MAS contracts. To provide uniformity in requests under the MAS program, you should insert the following in paragraph (b) of the provision: |
(1) An offer prepared and submitted in accordance with the clause at 552.212-70, Preparation of Offer (Multiple Award Schedule). (2) Commercial sales practices. The Offeror shall submit information in the format provided in this solicitation in accordance with the instructions at Figure 515.4-2 of the GSA Acquisition Regulation (48 CFR 515.4-2), or submit information in the Offeror’s own format. |
(3) Any additional supporting information requested by the Contracting Officer. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether the price(s) offered is fair and reasonable. (4) By submission of an offer in response to this solicitation, the Offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before initial award, books, records, documents, papers, and other directly pertinent records to verify the pricing, sales and other data related to the supplies or services proposed in order to determine the reasonableness of price(s). Access does not extend to Offeror’s cost or profit information or other data relevant solely to the Offeror’s determination of the prices to be offered in the catalog or marketplace. |
(b) Insert the following format for commercial sales practices in the exhibits or attachments section of the solicitation and resulting contract (see FAR 12.303). |
COMMERCIAL SALES PRACTICES FORMAT
Name of Offeror SIN(s)
NOTE: Please refer to Clause 552.212-70, Preparation of Offer (Multiple Award Schedule), for additional information concerning your offer. Provide the following information for each SIN (or group of SINs or SubSIN for which information is the same). |
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(1) Provide the dollar value of sales to the general public at or based on an established catalog or market price during the previous 12-month period or the offerors last fiscal year: $ . State beginning and ending of the 12 month period. Beginning ending . In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s).
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(2) Show your total projected annual sales to the Government under this contract for the contract term, excluding options, for each SIN offered. If you currently hold a Federal Supply Schedule contract for the SIN the total projected annual sales should be based on your most recent 12 months of sales under that contract.
SIN $ SIN $ SIN $ |
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(3) Based on your written discounting policies (standard commercial sales practices in the event you do not have written discounting policies), are the discounts and any concessions which you offer the Government equal to or better than your best price (discount and concessions in any combination) offered to any customer acquiring the same items regardless of quantity or terms and conditions? YES NO (See definition of “concession” and “discount” in 552.212-70.)
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(4)
(a) Based on your written discounting policies (standard commercial sales practices in the event you do not have written discounting policies), provide information as requested for each SIN (or group of SINs for which the information is the same) in accordance with the instructions at Figure 515.4-2, which is provided in this solicitation for your convenience. The information should be provided in the chart below or in an equivalent format developed by the offeror. Rows should be added to accommodate as many customers as required.
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Column 1
Customer
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Column 2
Discount
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Column 3
Quantity/Volume
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Column 4
FOB Term
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Column 5
Concessions
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(b) Do any deviations from your written policies or standard commercial sales practices disclosed in the above chart ever result in better discounts (lower prices) or concessions than indicated? YES NO . If YES, explain deviations in accordance with the instructions at Figure 515.4-2, which is provided in this solicitation for your convenience.
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(5) If you are a dealer/reseller without significant sales to the general public, you should provide manufacturers’ information required by paragraphs (1) through (4) above for each item/SIN offered, if the manufacturer’s sales under any resulting contract are expected to exceed $500,000. You must also obtain written authorization from the manufacturer(s) for Government access, at any time before award or before agreeing to a modification, to the manufacturer’s sales records for the purpose of verifying the information submitted by the manufacturer. The information is required in order to enable the Government to make a determination that the offered price is fair and reasonable. To expedite the review and processing of offers, you should advise the manufacturer(s) of this requirement. The contracting officer may require the information be submitted on electronic media with commercially available spreadsheet(s). The information may be provided by the manufacturer directly to the Government. If the manufacturer’s item(s) is being offered by multiple dealers/resellers, only one copy of the requested information should be submitted to the Government. In addition, you must submit the following information along with a listing of contact information regarding each of the manufacturers whose products and/or services are included in the offer (include the manufacturer’s name, address, the manufacturer’s contact point, telephone number, and FAX number) for each model offered by SIN:
(a) Manufacturer’s Name.
(b) Manufacturer’s Part Number.
(c) Dealer’s/Reseller’s Part Number.
(d) Product Description.
(e) Manufacturer’s List Price.
(f) Dealer’s/Reseller’s percentage discount from list price or net prices.
(End of Format)
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(c) Include the instructions for completing the commercial sales practices format in Figure 515.4-2 in solicitations issued under the MAS program. |
Consult FAR 24.2, 41 CFR part 105-60, and GSA Freedom of Information Act procedures at http://www.gsa.gov/staff/c/ca/FOIA/FoiaProc/mainpage.html. to determine what information you may disclose.
“Coordinating office,” as used in this subpart, means:
(a) The Senior Procurement Executive for all Central Office activities.
(b) The office designated in writing by the Regional Administrator in the Regions.
Coordinating offices serve as agency points of contact and establish procedures for controlling the receipt, evaluation, and timely disposition of proposals consistent with FAR 15.6.
Complete the evaluation as soon as practicable, normally within 45 calendar days. Communicate the results of the evaluation to the submitter.
When you release an unsolicited proposal for evaluation, use the “Conflict of Interest Acknowledgment and Nondisclosure Agreement” in Figure 515.3-1.
Except as provided in 515.7002 and 515.7003, the policy and procedures in FAR 14.202-4 and 514.202-4 apply to negotiated acquisitions. When referring to FAR 14.202-4 and 514.202-4, the term “bid” means “offer” or “proposal.” The terms “bidder” and “invitation” or “invitation for bids” are used synonymously with “offeror” and “solicitation” or “RFP”.
(a) The terms “responsiveness” and “nonresponsive” do not apply to negotiated acquisitions. FAR 14.202-4(b)(2) and (4) do not apply to the use of bid samples under this subpart.
(b) Instead of FAR 14.202-4(b)(2) and (4), apply the following:
(1) Use bid samples in the technical evaluation of proposals to both:
(i) Determine the acceptability of the samples to meet GSA’s requirement.
(ii) Ensure compliance with all subjective and objective characteristics listed in the solicitation.
(2) If you conduct written or oral discussions, you may exclude a proposal from further consideration for award only if you meet all the following conditions:
(i) You discussed with the offeror any deficiencies found in the samples.
(ii) You gave the offeror an opportunity to correct those deficiencies.
(iii) The sample still fails to conform to each of the characteristics listed in the solicitation. (See FAR 15.609 and 15.610).
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