NOAA Acquisition Manual

Main Table of Contents

Subchapter C- Contracting Methods and Contract Types


Part 1330-15 Contracting by Negotiation

Subpart 1330-15.1 Source Selection Process and Techniques

1330-15.101 Best Value Continuum

1330-15.101-2 Lowest Price Technically Acceptable Source Selection Procedures

Subpart 1330-15.2 Solicitation and Receipt of Proposals and Information

1330-15.204 Contract Format

Subpart 1330-15.3 Source Selection

1330-15.303 Responsibilities

1330-15.370 Source Selection Procedures

Subpart 1330-15.4 Contract Pricing

1330-15.401 Definitions

1330-15.406-1 Prenegotiation Objectives

1330-15.406-3 Documenting the Negotiation


Part 1330-15 Contracting by Negotiation

Subpart 1330-15.1 Source Selection Process and Techniques

1330-15.101 Best Value Continuum

1330-15.101-2 Lowest Price Technically Acceptable Source Selection Procedures

(a) Lowest Price Technically Acceptable (LPTA) is the appropriate source selection process to apply when there are well-defined requirements, minimal risk of unsuccessful performance, and there is an expectation to achieve best-value from the selection of a technically acceptable proposal with the lowest evaluated price.

  1. The criteria used under LPTA must be specific to the work requirements for each solicitation and clearly state what constitutes technical acceptability in measurable terms.
  2. The LPTA source selection process shall be used for well-defined commercial or non-complex commodity, supply, or equipment requirements.

(b) The use of LPTA for services, at any dollar value, shall require a written approval from the Senior Bureau Procurement Official (SBPO) prior to issuing the solicitation.
 

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Subpart 1330-15.2 Solicitation and Receipt of Proposals and Information

1330-15.204 Contract Format

1330-15.204-70 Contract Deliverables

(a) All NOAA solicitations and contracts Section F (or the equivalent section in commercial item acquisitions) shall contain the NOAA Standard Language for Contract Deliverables, located at 1330-52.215-70, that provides a summary listing of all contract deliverables, including administrative deliverables such as subcontracting reports, bond/insurance certificates, certification and accreditation plans.

  1. Certain contracts (e.g., large systems contracts) include provisions that capture deliverables in Contract Data Requirements Lists (CDRLs) using a Standard Form 1423, which is an acceptable alternative;
  2. When such a provision is included that Section F, include a specific listing of administrative deliverables required by the terms and conditions of the contract or the CDRL include the administrative deliverables as well as the technical deliverables.

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(b) For preparing solicitations, review the Statement of Work/Specifications/Statement of Objective, all other provisions of the solicitation, and all clauses proposed to be incorporated in the resultant contract(s) to establish the contract deliverables.

  1. Deliverables shall be identified in the Schedule of Deliverables along with the applicable appropriate designation of quantity to be delivered, the delivery schedule (can be specific dates or standard direction such as “by the 10th of each month), to whom the deliverable is to be delivered (e.g., Contracting Officer, COTR), and a reference to the appropriate section of the terms and conditions where additional information can be obtained regarding the identified deliverable (identify the appropriate designation from the proposed contract schedule).
  2. The Contracting Officer is responsible for ensuring that the Schedule of Deliverables includes all proposed deliverables.

(c) For preparing contracts, determine whether, based on the finalization of the contract terms and conditions, there is a need for any changes to the solicitation Schedule of Deliverables (e.g., additional deliverables included in the successful offerors’ proposal, new clauses that need to be included at time of award).

  1. The Contracting Officer is responsible for ensuring that the Schedule of Deliverables includes all deliverables required by the terms and conditions of the contract.

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Subpart 1330-15.3 Source Selection

1330-15.303 Responsibilities

(a) The Source Selection Authority (SSA) shall be identified in the Acquisition Plan and the Source Selection Plan as follows:
 

  1. The HCA shall be the SSA on acquisitions for NOAA programs with a lifecycle value as determined in the table below, that are equal to or greater than $50 million and those acquisitions, as determined by the HCA, that require significant management attention. These include acquisitions for which there is a history of Inspector General interest, or significant congressional interest, or have historically experienced extensive delays or protests. The following table provides the Acquisition Life Cycle Value Determination.
Acquisition Lifecycle Value Determination
Type of Acquisition Value (Stated in Terms of Dollars)
Contracts with Options Contract value shall be calculated as the total fixed price, cost, cost-plus-fixed fee, cost-plus-award-fee, or ceiling amount of Time-and-Material or Labor-Hour type contracts
Contracts with Options Contract value shall be calculated as the base period and/or quantity plus all option periods/quantities (as stated in terms of dollars)
Indefinite Delivery/Indefinite Quantity Contracts Contract value shall be calculated as the maximum (as stated in terms of dollars) under the contract. If options are included in the contract, the sum of the maximum for the base period plus the maximum of all options
Requirements- Type Contracts Contract value shall be calculated as the total estimated amount (as stated in terms of dollars). If options are included, the sum of the total estimated amount for the base period/quantity plus the estimated amount for all option periods/quantities (as stated in terms of dollars)
Contracts with Award Term Provisions Total price/cost of the base period plus the total price/cost of any options plus the total price/cost of any potential award term periods.

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  1. When the HCA retains the authority as the SSA for any acquisition for NOAA programs regardless of the dollar value, the BPO shall advise the appropriate Line or Staff Office and appropriate acquisition office accordingly. Please reference the table below for source selection authority by dollar threshold.
  2. The HCA issued a blanket delegation of SSA to Line Office Assistant Administrators and Staff Office Directors for competitive acquisitions less than $50 million in value that utilize formal source selection processes. This delegation may be re-delegated no lower than the Line Office Deputy Assistant Administrators or Deputy Staff Office Directors.
  3. Pursuant to the designation in CAR 1315.303, the contracting officer is the SSA for acquisitions equal to or less than $10 million.
  4. For acquisitions where neither the HCA nor the contracting officer is the SSA, the NOAA program office shall assign a program official at a senior level above the contracting office to prepare a Request for SSA Delegation with assistance of the contracting officer.
Dollar Threshold Source Selection Authority Authority
<$10M Contracting Officer CAM 1315.3
$10M-$50M Line Office Assistant Administrators and Staff Office Directors (may be re-delegated no lower than Line Office Deputy Assistant Administrators or Deputy Staff Office Directors) and where the NOAA Deputy Under Secretary for Operations retains authority. AA 07-01
>$50M Head of Contracting Activity (may be re-delegated to Line Office Assistant Administrators or Staff Office Directors) CAM 1315.3 Section 2.2

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  1. The contracting officer shall:

    1. Obtain concurrence from all affected organizational entities with subject matter responsibility identified jointly with the program official, including the following when applicable:
      1. Office of the CIO for acquisitions that involve information technology products or services,
      2. Workforce Management Office and the Chief, Audit, Internal Control, and Information Management Office for acquisitions that involve an Office of Management and Budget (OMB) Circular A-76 cost comparison,
      3. Chief Administrative Officer for acquisitions involving facility construction.
    2. Obtain concurrence of the HCO and BPO, and
    3. Place a complete record of the history of the action in the contract file.

(b)(2) The SSA shall conduct a formal source selection and approve a formal source selection plan before the solicitation is issued for all competitive, negotiated acquisitions in excess of $10 million, which includes:
  1. All full and open competition acquisitions,
  2. Full and open competitions after exclusion of sources (e.g., competitive small business set-aside), and
  3. Acquisitions that are processed as other than full and open competitions unless negotiations with only one source are justified and approved by the appropriate approval authority before they can be excluded from formal source selection procedures.


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1330-15.370 NOAA Source Selection Procedures

(a)The NOAA Source Selection Procedures (SSP) issued in Acquisition Instruction 14-04 established the NOAA policy and procedure for conducting competitive negotiated source selections and apply to all negotiated acquisitions under FAR Part 15 with an estimated life-cycle cost of $10M or more.


(b)The SSP shall serve as a guide for competitive negotiations acquisitions under FAR Part 15 with an estimated life-cycle cost of less than $10M.

(c)The following are the exceptions for following the SSP:
 

  1. Sealed bidding procedures in accordance with FAR Part 14;
  2. Broad Agency Announcements (BAA) for basic research, used in accordance with FAR Subpart 35.016;
  3. Small Business Innovative Research (SBIR), Small Business Technology Transfer Research (STTR), and Small Business Technology Transfer (SBTT) solicited and awarded in accordance with 15 United States Code (U.S.C.), Section 638;
  4. Architect-engineer services in accordance with FAR Part 36;
  5. Simplified acquisition procedures in accordance with FAR Part 13 (including Part 12 acquisition using Part 13 procedures);
  6. Orders under multiple award contracts – Fair Opportunity in accordance with FAR 16.505(b)(1);
  7. Acquisition using FAR Subpart 8.4

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Subpart 1330-15.4 Contract Pricing

1330-15.401 Definitions

As used in this part, “Business Case Memorandum (BCM)” means the contracting officer’s instrument by which to demonstrate the fulfillment of statutory and regulatory responsibilities and set forth business decisions for approval.

1330-15-406-1 Prenegotiation Objectives

(a) Consult with program managers, cost analysts, property administrators, OGC CLD, and other individuals as appropriate to establish a unified negotiating position.


(b) Document pre-negotiation objectives in a BCM form. See the instructions for preparing a BCM.

1330-15.406-3 Documenting the Negotiation

(a) Use the BCM form to capture all required information for both the pre- and post-negotiation documentation.

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