DAWIA Contracting cheat sheet

Acquisition planning (FAR Part 7) requires a written acquisition plan at or above the simplified acquisition threshold of $250,000.

Market research (FAR Part 10) precedes solicitation and informs the acquisition strategy, contract type, and competition approach.

Full and open competition is the default (FAR 6.101); any other than full and open competition requires an approved justification and approval.

Firm-fixed-price is preferred when requirements are clearly defined; cost-reimbursement requires an adequate accounting system and is not used for commercial items.

Time-and-materials and labor-hour contracts require a ceiling price and a determination that no other contract type is suitable.

Thresholds: micro-purchase $10,000; simplified acquisition threshold $250,000; commercial item procedures under FAR Part 12.

Order of precedence (FAR 52.215-8): schedule, solicitation provisions and contract clauses, specifications/drawings, attachments, contractor's proposal.

Only a warranted contracting officer can bind the government; authority is limited to that delegated in writing.

Small business set-aside precedence: 8(a), HUBZone, service-disabled veteran-owned, women-owned, then total or partial small business set-aside.

Proposed contract actions over $25,000 must be synopsized on SAM.gov for at least 15 days (FAR 5.203).

Sealed bidding (FAR Part 14) applies when time permits, award will be made on price alone, and specifications are definite and complete.

Negotiated acquisition (FAR Part 15) uses best value tradeoff or lowest price technically acceptable; all evaluation factors and significant subfactors must appear in the solicitation.

Award must be based solely on the factors and subfactors stated in the solicitation; unstated criteria cannot be used.

Responsibility (FAR 9.104-1) requires affirmative demonstration of capability, capacity, credit, integrity, tenacity, and past performance.

An SBA Certificate of Competency overrides a contracting officer's nonresponsibility determination for a small business concern.

A bid guarantee is normally required for sealed bidding when performance bonds will be required; Miller Act performance and payment bonds are required for construction over $150,000.

Bid mistakes (FAR 14.407) - apparent clerical errors are verified with the bidder; correction or withdrawal is permitted only in defined circumstances.

Postaward debriefing must be requested within 3 days of award and is held within 5 days of the request.

Cost allowability (FAR 31.201-2): a cost must be reasonable, allocable, consistent with GAAP, and consistent with the contract's terms, limitations, and exclusions.

Certified cost or pricing data are required for negotiated actions over $2 million absent an exception (adequate price competition, commercial item, catalog price, modification of an existing action, or waiver).

Cost analysis is used when price analysis alone is insufficient and examines labor hours, labor rates, material costs, and indirect rates.

Price analysis methods include comparison of competitive offers, prior prices paid, independent government estimates, published price lists, and market research.

Weighted guidelines (FAR 15.404-4) establish profit considering performance risk, contract type, cost risk, investment, and cost-efficiency.

Provisional billing rates are audited and replaced by final indirect rates that settle allowable incurred costs.

The Prompt Payment Act requires payment of proper invoices within 30 days of receipt and provides interest penalties for late payment.

Progress payments based on costs incurred are customary for small business; advance payments require approval and are the least preferred financing method.

Limitation of Cost and Limitation of Funds clauses cap government liability and require contractor notice as funds approach the ceiling.

The Changes clause authorizes unilateral changes within the contract's general scope; the contractor submits an equitable adjustment proposal, generally within 30 days.

A constructive change arises from defective specifications, unreasonable inspection, or unauthorized direction, and supports an equitable adjustment like a formal change order.

Only a warranted contracting officer may execute a modification; unauthorized commitments can be ratified only by an official with ratification authority.

Termination for convenience: the contractor recovers allowable costs, work performed, settlement expenses, and profit on work done; anticipatory profit is not allowed.

Termination for default: the government may reprocure and charge excess costs; excusable delay or defective notice can convert it to a termination for convenience.

A cure notice (typically 10 days) or show-cause notice precedes default termination for failure to perform or failure to make progress.

Novation (FAR 42.1204) requires a tripartite agreement among the government, transferor, and transferee; the original contractor remains liable until it is executed.

Under the Contract Disputes Act a contracting officer's final decision is appealable to a board within 90 days or to the Court of Federal Claims within 12 months; the claims limitations period is 6 years.

A stop-work order must be in writing and is limited to 90 days unless extended with approval.

Indefinite-delivery/indefinite-quantity contracts must state minimum and maximum quantities; the government guarantees only the stated minimum.

Fair opportunity (FAR 16.505) applies to orders under multiple-award IDIQ contracts; exceptions include urgency, sole source, and logical follow-on.

GAO jurisdiction over task and delivery order protests is limited to orders above a statutory dollar threshold or allegations that the order exceeds the contract's scope, period, or maximum value.

FAR Subpart 8.4 ordering from Federal Supply Schedules requires RFQs to schedule contractors, at least three quotes when practicable, and a documented basis for selection.

Options may not extend the basic period plus all option periods beyond 5 years (FAR 17.204(e)) unless a specific exception applies.

Other Transaction Authority (10 U.S.C. 2371b) supports prototype projects with nontraditional contractors and may authorize follow-on production outside the FAR.

Blanket purchase agreements, basic ordering agreements, and governmentwide acquisition contracts are established vehicles that streamline order placement.

Mentor-protégé programs (SBA and DoD) allow an approved joint venture to be treated as small for covered procurements.

Contingency contracting flexibilities (FAR Part 18) include raised micro-purchase thresholds, limited competition, and streamlined procedures.