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Questions and Answers

The Lab - Acquisition Innovation

 

 

 

 

 


Frequently Asked Questions (FAQs)

1. Question: Can Department of Commerce use Small Business Innovation Research Program (SBIR), Alpha Contracting or Procurement for Experimental Purposes to innovate? 

Answer: Only two (2) Department of Commerce agencies are eligible to participate in the Small Business Innovation Research Program (SBIR) program at this time (the National Oceanic and Atmospheric Administration and the National Institute of Standards and Technology).  Congress defines SBIR program eligibility.  Congress requires Federal agencies with extramural research and development (R&D) budgets that exceed $100 million annually to allocate 3.2% of that budget to fund small businesses through the SBIR program.  Each agency administers its own individual program within guidelines established by Congress and with guidance issued by the U.S. Small Business Administration.  These agencies designate R&D topics in their solicitations and accept proposals from small businesses.  Awards are made on a competitive basis after proposal evaluation.

               The Department of Commerce is not eligible to participate in the Alpha Contracting program.  The Alpha Contracting Pilot Program was a Department of Defense exclusive program established in the 2020 National Defense Authorization Act, Sec. 802. Pilot Program to Use Alpha Contracting Teams for Complex Requirements. The program required the Secretary of Defense to establish a pilot program to use third-party industry, academia, or not-for-profit technical organizations as part of alpha contracting teams for complex technical requirements for services.  The congressional intent was to revive the “alpha contracting” concept and bring together all government personnel involved in the functions that support acquisition actions, to include contracting staff as well as technical staff, operators, and cost personnel.  The goal of the program is to ensure that technical requirements are appropriately valued and that the most effective acquisition strategy to achieve these requirements is identified.  No further developments have occurred with Alpha Contracting.

               The Department of Commerce is not eligible to participate in the Procurement for Experimental Purposes.  The Procurement for Experimental Purposes is defined under 10 U.S.C. § 2373 and is a Department of Defense exclusive tool which allows the Secretary of Defense and the Secretaries of the military departments to procure ordnance, signal, chemical activity, transportation, energy, medical, space-flight, telecommunications, and aeronautical supplies, including parts and accessories, and designs thereof, that the Secretary of Defense or the Secretary concerned considers necessary for experimental or test purposes in the development of the best supplies that are needed for the national defense.

2. Question: Can we meet one-on-one with a potential vendor?

Answer: YES. Government officials can generally meet one-on-one with potential offerors as long as no vendor receives preferential treatment.

3. Question: If the government meets with vendors and they submit unsolicited proposals will that delay the procurement process?

Answer: NO. Submission of an unsolicited proposal should not affect the schedule. Generally, the unsolicited proposal process is separate from the process for a known agency requirement that can be acquired using competitive methods.

4. Question: Should industry only be given a few days to respond to an RFP since the government has been talking to industry about this procurement for over a year?

Answer: IT DEPENDS. Providing only short response times may result in the government receiving fewer proposals and the ones received may not be as well-developed which can lead to a flawed contract. This approach signals that the government isn’t really interested in competition.

5. Question: Do debriefings always lead to protests?

Answer: NO. An effective debriefing process can greatly reduce the frequency of protests, as protests are often driven by a desire to obtain additional information - information that should otherwise be available via a proper debriefing.

6. Question: Are all debriefings required to be completed in writing?

Answer: NO. Debriefings may be completed orally, in writing, or by any other methods acceptable to the contracting officer. However, oral debriefings allow for an open, flexible space where the government and offeror are able to communicate in a productive manner and foster a positive rapport.

7. Question: Are we required to assign adjectival ratings or numerical points for evaluation factors when evaluating competitive offers under FAR Part 16 fair opportunity procedures?

Answer: NO. FAR 16.505(b) does not require adjectival ratings or numerical points. FAR 16.505(b)(1)(v)(B) specifically states that scoring of quotes or offers is not required.

8. Question: Is a written evaluation plan required under FAR Part 16 fair opportunity procedures?

Answer: NO. FAR 16.505(b)(1)(v)(B) specifically states that an evaluation plan is not required.

9. Question: Are we required to evaluate past performance for an order under FAR Part 16 fair opportunity procedures?

Answer: NO. FAR 16.505(b) does not require the evaluation of past performance. If a contracting officer chooses to evaluate past performance, FAR 16.505(b)(1)(v)(A)(1) allows for the evaluation to be limited to previous orders under the multiple-award IDIQ contracts.

10. Question: Are we required to establish a competitive range before negotiating or bargaining with a competitive offeror for an order under FAR Part 16 fair opportunity procedures?

Answer: NO. FAR 16.505(b) does not require establishing a competitive range before negotiating, and nothing from FAR subpart 15.3 is applicable when ordering under multiple-award IDIQ contracts (see FAR 16.505(b)(1)(ii)).

11. Question: In a FAR subpart 15.3 Source Selection, are we required to provide Q&As to all offerors by solicitation amendment?

Answer: NO. FAR Part 15 does not require Q&As to be provided by solicitation amendment. Q&As should be provided as a separate, standalone document. If a Q&A actually changes anything in the solicitation then that change should be included in a solicitation amendment.

12. Question: Does The Lab have any resources about virtual events?

Answer: We found the following attachments from DHS to be helpful in setting up virtual industry days, virtual oral presentations, and virtual consensus evaluation. If you have organized a virtual industry engagement and would like to share resources, please contact The Lab staff. 

13. Question: Does The Lab have any resources about interacting with industry?

Answer: Check out the this link to the ACT-IAC Industry Day Best Practices report published by the Small Business Alliance in March 2018. The report gathered “feedback from government and industry about Industry Day best practices, trends, and practices to avoid when designing and executing an Industry Day. This report recommends specific best practices, and provides agenda templates for use by government.” Another great resource attached is a one pager guide to interact with industry.

14. Question: Can we use University Affiliated Research Centers (UARCs)?

Answer: The Department of Commerce is not currently eligible to participate in the UARC program. UARCs are college and university research organizations that receive Department of Defense (DoD) sole source funds through contracts under the authority of 10 U.S.C. 2304(c)(3)(B). UARCs are created to establish or maintain an essential engineering, research, or development capability; maintain a long-term, strategic relationship between the college or university and DoD; and are designated by Under Secretary of Defense for Research and Engineering (USD(R&E)) as UARCs.

 

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