2024: The FAR, Federal Acquisition Regulations - Part 7

Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
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1. 2024 Webinar Series The FAR: Federal Acquisition Regulations Understand the rules of the federal contracting game - and play to win ! J Schaus & Associates, WASHINGTON DC – [email protected]

2. 2024 Webinar Series THE FAR ABOUT THE SERIES : We’ll cover each PART of The FAR Typically held Wednesdays and Fridays , 12pm (eastern) Complimentary & Recorded Video Posted on YouTube https://www.youtube.com/@jenniferschaus/videos PPT Posted on SlideShare.net Sponsor/Advertising Options Available [email protected] J Schaus & Associates, WASHINGTON DC – [email protected]

3. 2024 Webinar Series THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

4. 2024 Webinar Series THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

5. 2024 Webinar Series THE FAR ABOUT US: Services for FEDERAL GOVERNMENT CONTRACTORS: Washington DC based; Professional services for established gov cons; Market Analysis to contract vehicles: GSA Schedules, FedLink , DHS PACTS III & NASA SEWP IV ; Contract Administration, Compliance, Pricing, etc. J Schaus & Associates, WASHINGTON DC – [email protected]

6. 2024 Webinar Series THE FAR ABOUT US: Services for THOSE SELLING TO FED CONTRACTORS: Newsletter Advertising; Webinar Advertising; Social Media (LinkedIn) Advertising; Event Sponsorship; Ask for our MEDIA KIT! J Schaus & Associates, WASHINGTON DC – [email protected]

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10. Our Sponsored Content Webinars Federal Forecasting App – Tuesday MARCH 12 Building Relationships in Federal Contracting https://attendee.gotowebinar.com/register/8814714788105852255 Agile ATS – Thursday MARCH 14 Recruiting Strategies, Systems & Tactics For GovCons https://attendee.gotowebinar.com/register/6242153347226568539 MyGovWatch – Tuesday MARCH 26 RFP Cliches Debunked: What Government Buyers Really Think! https://attendee.gotowebinar.com/register/8990966502126615896

11. Our Sponsored Content Webinars Palmetier Law – Part 1 of 2 - Thursday JUNE 20 SBIR / STTR Unleashing Small Business Innovations: A Path To Growth & Prosperity https://attendee.gotowebinar.com/register/819675359822707801 Palmetier Law – Part 2 of 2 Thursday JUNE 27 SBIR / STTR Unleashing Small Business Innovations: A Path To Growth & Prosperity https://attendee.gotowebinar.com/register/4351522212519190620

12. 2024 Webinar Series - THE FAR THANK YOU TO OUR WEBINAR SPONSORS J Schaus & Associates, WASHINGTON DC – [email protected]

13. The FAR – Federal Acquisition Regulations - WEBINAR SERIES 2024 JSchaus & Associates – Washington DC – [email protected]

14. Full training calendar: virginiaptac.org & useful links Register for free counseling: https://virginiaptac.org/services/counseling/ Your “one stop” shop for Government Contracting assistance Reach us at [email protected] or 703-277-7750 This APEX Accelerator is funded in part through a cooperative agreement with the Department of Defense. Next Steps?

15. Full training calendar: virginiaptac.org & useful links Register for free counseling: https://virginiaptac.org/services/counseling/ Your “one stop” shop for Government Contracting assistance Reach us at [email protected] or 703-277-7750 This APEX Accelerator is funded in part through a cooperative agreement with the Department of Defense. Next Steps?

16. 2024 Webinar Series THE FAR THE FAR – PART 7 J Schaus & Associates, WASHINGTON DC – [email protected]

17. 2024 Webinar Series THE FAR FAR PART # 7: Acquisition Planning SPEAKER: Joshua Duvall FIRM: Maynard Nexsen EMAIL: [email protected] J Schaus & Associates, WASHINGTON DC – [email protected]

18. 2024 Webinar Series - THE FAR J Schaus & Associates, WASHINGTON DC – [email protected] FAR PART 7 Acquisition Planning Link: https://acquisition.gov/content/part-7-acquisition-planning February 16, 2024

19. 2024 Webinar Series - THE FAR Quick Introduction/Disclaimer FAR Part 7 is voluminous––webinar will not cover everything! general procedures, written acquisition plans, “high level” consolidation, bundling, substantial bundling, notifications Webinar is not legal advice and presenter not speaking for or on behalf of any private company or government agency If you need legal advice for a specific legal matter, contact an attorney J Schaus & Associates, WASHINGTON DC – [email protected]

20. 2024 Webinar Series - THE FAR FAR Part 7 – Acquisition Planning; Introduction Generally ensures that agencies conduct acquisitions in a timely manner and in accordance with law and regulation Acquisition planning is designed to “integrate the efforts of all personnel” in the acquisition process (i.e., stakeholder commitment) Ultimately ensures that agency needs are met and that the goods and services are being procured fit agency needs J Schaus & Associates, WASHINGTON DC – [email protected]

21. 2024 Webinar Series - THE FAR FAR 2.101 – Definitions Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract. J Schaus & Associates, WASHINGTON DC – [email protected]

22. 2024 Webinar Series - THE FAR FAR 7.102 – Policy Agencies are required to perform acquisition planning and conduct market research (FAR Part 10) for all acquisitions to promote and provide: 1) commercial items meet agency needs, 2) full and open competition, FAR Part 6, or when it is not required, 3) selection of appropriate contract type, FAR Part 16, and 4) appropriate use of existing contracts J Schaus & Associates, WASHINGTON DC – [email protected]

23. 2024 Webinar Series - THE FAR FAR 7.103 – Agency Head Responsibilities Agency Head Shall prescribe procedures for the following – Promoting full and open competition Encouraging offerors to supply commercial items Ensuring that the SOW is “closely aligned with performance outcomes and cost estimates” Designating planners for acquisitions Reviewing and approving acquisition plans (incl., bundling) J Schaus & Associates, WASHINGTON DC – [email protected]

24. 2024 Webinar Series - THE FAR FAR 7.103 – Agency Head Responsibilities Agency Head Shall prescribe procedures for the following – Ensuring that knowledge gained from prior acquisitions is used to further refine requirements and acquisition strategies Ensuring that planners, to the maximum extent practicable structure requirements to facilitate small business competition avoid unnecessary and unjustified bundling that precludes small business participation as contractors J Schaus & Associates, WASHINGTON DC – [email protected]

25. 2024 Webinar Series - THE FAR FAR 7.104 – General Procedures Acquisition planning begins “as soon as the agency need is identified” Planner shall form a team “consisting of all those who will be responsible for significant aspects of the acquisition, such as contracting, fiscal, legal, and technical personnel” Planner shall coordinate with and secure the concurrence of the contracting officer J Schaus & Associates, WASHINGTON DC – [email protected]

26. 2024 Webinar Series - THE FAR FAR 7.104 – General Procedures Planner shall coordinate with small business specialist where acquisition plan involves substantial bundling (FAR 7.105) unless it is set-aside for small business under FAR Part 19 The small business specialist shall notify agency OSDBU if the strategy involves: bundling that is unnecessary or unjustified bundled or consolidated requirements not identified as such by the agency (FAR 7.107) J Schaus & Associates, WASHINGTON DC – [email protected]

27. 2024 Webinar Series - THE FAR FAR 7.105 – Contents of Written Acquisition Plans Acquisition Background and Objectives (8 elements) Plan must address technical, business, management, other significant considerations statement of need and summarize the technical, contract history of the acquisition state all applicable conditions, such as cost, schedule, and performance constraints Set forth the established cost goals Specify performance standards of the services being procured and how they are related to the agency’s need Discuss expected consequences of trade-offs of cost, performance and schedule goals Discuss technical, cost, and schedule risks J Schaus & Associates, WASHINGTON DC – [email protected]

28. 2024 Webinar Series - THE FAR FAR 7.105 – Contents of Written Acquisition Plans Plan of Action (22 elements) Indicate prospective sources that can meet the agency’s need & consideration of small business Include consideration of the impact of consolidation or bundling on SB Address extent and results of market research Competition and contract type Source selection procedures Acquisition considerations Budgeting or funding; contractor vs. government performance Logistics Security considerations (cybersecurity) J Schaus & Associates, WASHINGTON DC – [email protected]

29. 2024 Webinar Series - THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

30. 2024 Webinar Series - THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

31. 2024 Webinar Series - THE FAR FAR 7.107 – Additional Requirements for Consolidation Bundling, and Substantial Bundling FAR 7.107-1 – If the requirement is considered both consolidated and bundled, the agency must follow FAR 7.107-3, 7.107-4, and 7.107-5. J Schaus & Associates, WASHINGTON DC – [email protected]

32. 2024 Webinar Series - THE FAR FAR 7.107 – Additional Requirements for Consolidation, Bundling, and Substantial Bundling FAR 7.107-2 – Consolidation Because of the potential impact on small business participation, before conducting an acquisition that is a consolidation of requirements with an estimated total dollar value exceeding $2 million, the senior procurement executive or chief acquisition officer shall make a written determination that the consolidation is necessary and justified in accordance with 15 U.S.C. 657q, after ensuring that – J Schaus & Associates, WASHINGTON DC – [email protected]

33. 2024 Webinar Series - THE FAR FAR 7.107-2 – Consolidation Market research has been conducted Alternative approaches that would involve lesser degree of consolidation have been identified The determination is coordinated with the OSDBU or OSBP Any negative impact by the acquisition strategy on contracting with small business concerns has been identified            Steps are taken to include small business concerns in the acquisition strategy J Schaus & Associates, WASHINGTON DC – [email protected]

34. 2024 Webinar Series - THE FAR FAR 7.107-2 – Consolidation May be necessary and justified if the benefits of the acquisition would substantially exceed the benefits that would be derived from each of the alternative contracting approaches identified under paragraph (a)(2) of this subsection, including benefits that are quantifiable in dollar amounts as well as any other specifically identified benefits Benefits include cost savings, quality improvements, reduction in acquisition cycle times, better terms/conditions, other benefits J Schaus & Associates, WASHINGTON DC – [email protected]

35. 2024 Webinar Series - THE FAR FAR 7.107-2 – Consolidation Benefits that are quantifiable in dollar amounts are substantial if individually, in combination, or in the aggregate the anticipated financial benefits are equivalent to – 10% of the estimated contract/order if the value is $94M or less 5% of the estimated contract/order value or $9.4M, whichever is greater, if the value exceeds $94M Benefits that are not quantifiable in dollar amounts shall be specifically identified and otherwise quantified J Schaus & Associates, WASHINGTON DC – [email protected]

36. 2024 Webinar Series - THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

37. 2024 Webinar Series - THE FAR FAR 7.107-3 – Bundling Bundling may provide substantial benefits to the Government Because of the potential impact on small business participation, before conducting an acquisition strategy that involves bundling, the agency shall make a written determination that the bundling is necessary and justified in accordance with 15 U.S.C. 644(e) Considered “necessary and justified” if the agency would obtain measurably substantial benefits as compared to meeting its agency's requirements through separate smaller contracts or orders J Schaus & Associates, WASHINGTON DC – [email protected]

38. 2024 Webinar Series - THE FAR FAR 7.107-3 – Bundling Agency shall quantify the specific benefits identified through the use of market research and other techniques to explain how their impact would be measurably substantial (see 10.001(a)(2)(iv) and (a)(3)(vii)). Benefits may include, but not limited to: cost savings, price reduction, quality improvements, reduced acquisition cycle times, better terms/conditions J Schaus & Associates, WASHINGTON DC – [email protected]

39. 2024 Webinar Series - THE FAR FAR 7.107-3 – Bundling Benefits are “measurably substantial” if individually, in combination, or in the aggregate the anticipated financial benefits are equivalent to – 10% of the estimated contract/order if the value is $94M or less 5% of the estimated contract/order value or $9.4M, whichever is greater, if the value exceeds $94M Reduction of admin/personnel costs is not sufficient unless the cost savings are expected to be at least 10% of the contract/order value J Schaus & Associates, WASHINGTON DC – [email protected]

40. 2024 Webinar Series - THE FAR FAR 7.107-4 – Substantial Bundling Substantial bundling is any bundling that results in a contract or task or delivery order with an estimated value of — $8M or more for the Department of Defense; $6M or more for the National Aeronautics and Space Administration, the General Services Administration, and the Department of Energy; or $2.5M or more for all other agencies J Schaus & Associates, WASHINGTON DC – [email protected]

41. 2024 Webinar Series - THE FAR FAR 7.107-4 – Substantial Bundling In addition to addressing the requirements for bundling (see 7.107-3), when the proposed acquisition strategy involves substantial bundling, the agency shall document in its strategy— Specific benefits anticipated to be derived An assessment of the specific impediments to participation by small business concerns as contractors J Schaus & Associates, WASHINGTON DC – [email protected]

42. 2024 Webinar Series - THE FAR FAR 7.107-4 – Substantial Bundling Actions designed to maximize small business participation as contractors, including provisions that encourage small business teaming Actions designed to maximize small business participation as subcontractors The determination that the anticipated benefits of the proposed bundled contract or order justify its use Alternative strategies that would reduce or minimize the scope of the bundling, and the rationale for not choosing those alternatives J Schaus & Associates, WASHINGTON DC – [email protected]

43. 2024 Webinar Series - THE FAR FAR 7.107-5 – Notifications Notifications to current small business contractors of agency's intent to bundle CO shall notify each small business performing a contract that it intends to bundle the requirement at least 30 days prior to the issuance of the solicitation for the bundled requirement Include name, number and address of the applicable SBA PCR or the SBA Office of Government Contracting Area Office serving the area in which the buying activity is located J Schaus & Associates, WASHINGTON DC – [email protected]

44. 2024 Webinar Series - THE FAR FAR 7.107-5 – Notifications Notifications to public of rationale for bundled requirement The agency shall publish on its website a list and rationale for any bundled requirement for which the agency solicited offers or issued an award. The notification shall be made within 30 days of the agency's data certification regarding the validity and verification of data entered in the Federal Procurement Data System to the Office of Federal Procurement Policy (see FAR 4.604) J Schaus & Associates, WASHINGTON DC – [email protected]

45. 2024 Webinar Series - THE FAR FAR 7.107-5 – Notifications Notifications to SBA of follow-on bundled or consolidated requirements For each follow-on bundled or consolidated requirement, the contracting officer shall obtain the following from the requiring activity and notify the SBA PCR no later than 30 days prior to issuance of the solicitation: Amount of savings and benefits, whether savings or benefits will continue to be realized, greater savings if procurement divided J Schaus & Associates, WASHINGTON DC – [email protected]

46. 2024 Webinar Series - THE FAR FAR 7.107-5 – Notifications Notifications to SBA of follow-on bundled or consolidated requirements For each follow-on bundled or consolidated requirement, the contracting officer shall obtain the following from the requiring activity and notify the SBA PCR no later than 30 days prior to issuance of the solicitation: amount of savings and benefits, whether savings or benefits will continue to be realized, greater savings if procurement divided J Schaus & Associates, WASHINGTON DC – [email protected]

47. 2024 Webinar Series - THE FAR FAR 7.106 – Additional Requirements for Major Systems FAR Subpart 7.2 – Planning for Purchase of Supplies in Economic Quantities FAR Subpart 7.3 – Contractor vs. Government Performance Inherently governmental functions FAR Subpart 7.4 – Equipment Lease or Purchase Length time use, financial/operating advantage, rental v. purchase price, maintenance FAR Subpart 7.5 – Inherently Governmental Functions Determine what supply or services are to be acquired, participate/vote SSEB, member performance evaluation board, contract awards and administration, terminating contracts, criminal investigations, control intelligence and counter-intel J Schaus & Associates, WASHINGTON DC – [email protected]

48. 2024 Webinar Series THE FAR THANK YOU FOR ATTENDING! FAR PART # 7: Acquisition Planning SPEAKER: Joshua Duvall FIRM: Maynard Nexsen EMAIL: [email protected] J Schaus & Associates, WASHINGTON DC – [email protected]

49. 2024 Webinar Series THE FAR J Schaus & Associates, WASHINGTON DC – [email protected] Please subscribe to our YouTube Channel for Gov Con Content Uploads including THESE WEBINARS! https://www.youtube.com/@jenniferschaus/videos

50. 2024 Webinar Series The FAR: Federal Acquisition Regulations THANK YOU FOR JOINING US! J Schaus & Associates, WASHINGTON DC – [email protected]