Templates SBPO Reviews - and - 2018 FIELD DELEGATE TRAINING EVENT - Templates and SBPO ...

2018
                        FIELD DELEGATE TRAINING
                                 EVENT

                  Templates
                            and
              SBPO Reviews
May 3, 2018   NOAA -- SCIENCE - SERVICE - STEWARDSHIP   1

FIELD DELEGATE TRAINING

            www.ago.noaa.gov/acquisition/templates

5/18/2018            NOAA -- SCIENCE - SERVICE - STEWARDSHIP   2

FIELD DELEGATE TRAINING

        Required Templates for FDs
•   COR Appointment Memorandum
•   D&F for Use of Time and Materials or Labor Hour
•   Limited Source/Brand Name Justification for an Order/BPA over Micro-purchase
    and up to SAT
•   Market Research Report- Acquisitions at or below SAT
•   Single Source Determination Using SAP for actions under SAT
•   Justification for Exception to Fair Opportunity over Micro-Purchase and up to SAT
•   Justification for Inclusion of Options
•   D&F for Exercise of Options

                             NOAA -- SCIENCE - SERVICE - STEWARDSHIP                    3

FIELD DELEGATE TRAINING

               Templates – When to Use
•   COR Appointment Memo is required whenever a COR will be utilized
•   T&M/LH D&F required when these contract types are used (see FAR 8.404(h),
    12.207(b), 16.505(b)(5), or 16.601(d)
•   Sole Source/Limited Source/Brand Name Justification required when restricting
    competition and/or specifying a brand name product (see FAR 8.405-6, 13.106-
    1(b)(1), 16.505(b)(2)(i))
•   Market Research Report for all acquisitions (see FAR 10.002(e))
•   Justification for Inclusion of Options required whenever options are used in a
    procurement (see FAR 17.205)
•   D&F to Exercise Options required before an option is exercised (see 17.207(f))

                               NOAA -- SCIENCE - SERVICE - STEWARDSHIP               4

FIELD DELEGATE TRAINING

                            Common Errors
 Changing the template titles
 Justification narrative doesn’t support the cited authority or merely
  repeats the template or FAR language
 Not following the template format
 Not deleting instructive language
 Using a previous document and not changing pertinent information
 Typos, incomplete sentences, improper grammar
 Repeating previously stated information – more isn’t necessarily better!
 Incorrect regulatory or policy references
 Not signing documents

                           NOAA -- SCIENCE - SERVICE - STEWARDSHIP           5

FIELD DELEGATE TRAINING

                       DOC Contracting Authorities
                    (Reference CAM 1301.70 – Delegation of Contracting Authority)

Senior Procurement Executive (SPE) Department-wide responsibility for planning, developing and
implementing policies and procedures for the acquisition of materials, supplies, equipment and services
through procurement and contracting processes, and providing risk management and appropriate
oversight of the Department’s acquisition process. The SPE has the authority to establish contracting
offices and delegate broad contracting authority to HCAs. In addition, the SPE has authority to issue
each SBPO a Contracting Officer warrant that delegates the authority to enter into, administer, and/or
terminate contracts and to make related determinations and findings.

Heads of Contracting Activities (HCA) have overall responsibility and accountability for procurements
initiated in support of the programs and activities of their organizations, and specifically, for the
contracting decisions required to be made by them in their capacity as HCA, or by those in their
organizations having delegated authority for contract decision making

Senior Bureau Procurement Official (SBPO) means the senior career procurement official within each
operating unit that has been delegated contracting authority. The BPO must be a procurement
professional who has both experience and training in the area of federal procurement and contracting.

5/18/2018                            NOAA -- SCIENCE - SERVICE - STEWARDSHIP                            6

FIELD DELEGATE TRAINING

                            What are SBPO Reviews?
Many contract actions require approval above the CO (HCO, SBPO, HCA, SPE, or
Agency Head). All actions that require approval at or above the SBPO must be
reviewed by the SBPO. The AGO Director has tasked the POD with managing these
actions, commonly referred to as “SBPO reviews.” POD responsibilities include:
•   Logging all actions submitted for review and approval
•   Reviewing all actions to ensure they comply with current procedures, policies, and
    regulations; make good business sense; and are understandable from a content and format
    perspective
•   Working with the CO to resolve concerns or comments that should be addressed before the
    action is forwarded to the SBPO
•   Routing each action to required reviewers and approvers
•   Tracking each action to final approval
•   Acting as point of contact between AGO and the Department on contractual actions where
    notice to, or approval by, the SPE is required.

5/18/2018                        NOAA -- SCIENCE - SERVICE - STEWARDSHIP                      7

FIELD DELEGATE TRAINING

   Number of actions submitted for SBPO review

• FY 16 – 92
• FY 17 – 149
• FY 18 – 104 as of May 1
       Comparison to submittals as of May 1 in previous years:
                       FY 16 = 46; FY 17 = 80

5/18/2018                NOAA -- SCIENCE - SERVICE - STEWARDSHIP   8

FIELD DELEGATE TRAINING

                   FD ACTIONS REQUIRING SBPO REVIEW
                  AI 16-01 (revised version currently out for comment)
The following actions require POD review on behalf of the SBPO:

 Use of Lowest-Priced Technically Acceptable (LPTA) for Services or IT at any dollar value
 Cure and show cause notices whether full or partial (must be submitted to the SPE within 5 business days of issuance)
 Final decisions of termination for cause or default, full or partial (must be submitted to the SPE within 5 business days
  of issuance)
 Receipt of protests, lawsuits, or appeals filed against the Department relating to contractual actions (must be
  submitted to the SPE within 5 business days of issuance)
 Responses to protests, lawsuits, or appeals filed against the Department relating to contractual actions (must be
  submitted to the SPE within 5 business days of issuance)
 Written determination on availability of non-Government personnel to perform evaluation or analysis of proposals
 Actual or possible Procurement Integrity Act violations (SBPO or HCA)
 Actions proposing or resulting in debarment, suspension, or determinations of ineligibility of contractor (SPE approval
  required)
 Proposed responses to Congressional requests for information (SPE)
 Rejection of recommendation to set-aside an acquisition for small business (SPE)
 Authorization to award or continue performance of a contract during a pending GAO protest (HCA approval)

                                        NOAA -- SCIENCE - SERVICE - STEWARDSHIP                                           9

FIELD DELEGATE TRAINING

                  SBPO Review Submittal Process
               Acquisition Instruction 16-01 (revision pending)
                    Detailed FD instructions coming soon

1.   Before being submitted to the POD, all actions must first be reviewed by the
     servicing HCO. An SBPO Review and Approval form must be signed by the
     HCO and submitted with each review package. Refer to the AGO Client
     Matrix at http://www.ago.noaa.gov/acquisition/docs/client_service_matrix_fy17.pdf
     for a list of servicing HCOs.

2.   The POD will review each submittal and provide comments to the CO, if
     applicable. Once all POD comments are reconciled, the POD will forward
     documents to the SBPO for review.

3.   If higher level review/approval is required, the POD will manage routing through
     final approval.

                               NOAA -- SCIENCE - SERVICE - STEWARDSHIP               10

FIELD DELEGATE TRAINING

QUESTIONS?

 NOAA -- SCIENCE - SERVICE - STEWARDSHIP   11