Procurement Procedures

TABLE OF CONTENTS

OVERVIEW

4.1 What is the purpose of this chapter? This chapter establishes overall policy and procedures for the acquisition of supplies and services above the micro-purchase threshold for the U.S. Fish and Wildlife Service (Service). 

4.2 What is the scope of this chapter?

A. This chapter applies only to acquisitions above the micro-purchase threshold(s).

B. This chapter does not cover purchases under the micro-purchase threshold(s) (see 260 FW 8 or 260 FW 9).

4.3 What are the authorities and responsibilities for this chapter? See 301 FW 1 for information on the authorities and responsibilities for all of the chapters in Part 301. 

ACQUISITION TYPES AND PHASES

4.4 What are the different types of acquisitions? 

A. Micro-purchases: Micro-purchases are those procurements that do not exceed the current micro-purchase threshold(s) (see the Federal Acquisition Regulation (FAR) 2.101 to find the latest threshold).  Exceptions exist to utilizing micro-purchase authority for acquiring sensitive property (see section 4.9). On the publication date of this policy, the micro-purchase threshold(s) are:

(1) Micro-purchases: $10,000,

(2) Acquisitions of services subject to the Service Contract Labor Standards: $2,500, and

(3) Acquisitions subject to the Construction Wage Rate Requirements: $2,000. 

B. Procurements above the micro-purchase threshold using Simplified Acquisition Procedures (SAP): These are the purchases for which we may use the procedures in FAR Part 13. There are two categories of these purchases:

(1) Acquisitions for supplies or services that do not exceed the Simplified Acquisition Threshold (SAT), which is $250,000 on the publication date of this policy; and

(2) Acquisitions for commercial supplies or services that exceed the SAT but do not exceed $7.5 million. See FAR 2.101 for a definition of commercial items.

C. Procurements that do not use SAP. There are also two categories of these procurements:

(1) Acquisitions for noncommercial supplies or services that are above the SAT, and

(2) Acquisitions for commercial supplies or services above $7.5 million.

4.5 What are the basic phases and procedures for acquisitions? Although contracting phases and procedures vary depending on the complexity and type of procurement, there are three main phases—pre-award, contract award, and contract administration. You can find more detailed information about the requirements for these phases in the Service’s Joint Administrative Operations (JAO) Contracting SharePoint, in theContracting Officer’s Handbook (COH), or by submitting a consultation request through mySupport.

A. Pre-award.

(1) Acquisition planning: Acquisition planning is an essential part of every acquisition and must begin as far in advance as possible and practical. Submit an Acquisition Planning Request in mySupport to begin planning your acquisition needs with Acquisition and Property Operations (APO).  For details about the planning process, see 301 FW 2, the COH, and FAR Part 7.

     (a) Offer evaluation factors: For all acquisitions, evaluation factors should be identified during the acquisition planning phase. Evaluation factors must be clear, stated in the synopsis and the solicitation, and carefully followed during offer evaluation.

     (b) Solicitations using SAP: Evaluation factors must include price; however, the solicitation may also include other factors, such as delivery times or past performance.

     (c) Solicitations not using SAP: Evaluation factors must include price. Past performance must also be an evaluation factor unless the Contracting Officer (CO) has documented the reason past performance is not an appropriate evaluation factor. However, the solicitation may also include other factors, such as technical capability, small business sub-contracting plans, and key personnel. 

(2) Solicitation: The requirements for publishing a solicitation and contract action vary depending on the type of procurement. All contracts above the micro-purchase threshold require a competitive solicitation unless an exception to competition has been justified and approved (see section 4.7). We must advertise solicitations for proposed contract actions above $15,000 unless an exception applies. See FAR 5.101(a)for the specific requirements. We must publicize certain contract requirements to:

     (a) Increase competition; 

     (b) Broaden industry participation in meeting Government requirements; and 

     (c) Assist the Service in meeting small business Federal contracting goals that support and improve socio-economic conditions. We do this by awarding prime contracts to, and requiring subcontracts be awarded to, small businesses that meet designated Small Business Administration (SBA) special program categories. See FAR 5.002 for details. We have statutory goals for small business procurement (see 15 U.S.C. 644 and SBA Agency Contracting Goals) that must be met annually in support of the Small Business Act. 

(3) Offer evaluations: COs may choose to use evaluation teams, to include past performance, technical, and pricing evaluation teams. Evaluation teams render objective and technically sound assessments of offers by measuring the proposal against the evaluation criteria in the solicitation. Evaluations are documented in the evaluation report(s). The award decision authority—usually the CO—uses these reports when making the award decision.

     (a) Members of the evaluation teams are employees of the Service or other Federal agencies who have knowledge of the primary field(s) of work the contractor will perform under the acquisition. These team members should not have significant financial interest or other personal connections that might conflict, or give the appearance of conflicting, with their official duties, and certify this via written statement (see 301 FW 3 for additional information on conflicts of interest).

     (b) If even one person on such an evaluation team is not a Federal employee, a Federal advisory committee must be formed in accordance with the Federal Advisory Committee Act (FACA) (see 5 U.S.C., Appendix 2 and 107 FW 1). The Secretary of the Interior approves advisory committee charters and appoints committee members. This requirement is not applicable for Architecture and Engineering Evaluation Boards. 

     (c) Individuals who are not Federal employees, but who serve as advisors to the evaluation team, are consultants (i.e., outside evaluators). We may appoint consultants as special employees in accordance with 5 U.S.C. 3109, and they must:

          (i) Not have significant financial interests or other personal connections that might conflict, or give the appearance of conflicting, with their official duties;

          (ii) Provide a written statement that certifies that they have no financial or other conflicts of interest (committee and board members concerned with potential conflicts should consult their designated Ethics Counselor); and

          (iii) Meet the requirements in 43 CFR 20.

B. Contract award.

(1) Award decision making.The CO is usually the person making the award decision. After considering the technical evaluation report and other documentation, if any, they make an award decision using the procedures set forth in the solicitation.

(2) Source selection.We may use FAR Subpart 15.3 - Source Selection procedures for unusually complex, high dollar-value, or sensitive acquisitions that do not use SAP. A Source Selection Authority (SSA) will be appointed for all requirements using source selection procedures. The SSA holds ultimate award decision authority. 

     (a) The SSA for most requirements will be the CO.

     (b) The SSA for all requirements for Architect-Engineer (A-E) services will be an individual one level above the CO.

C. Contract administration. Both the CO and the Contracting Officer’s Representative (COR) have many duties for properly administering contracts and closing them out when they are complete. For more detailed information see:

     (a) DOI-AAAP-0051, Department of the Interior (Department) Federal Acquisition Certification and Appointment Programs;

     (b) The Service’s COR Federal Acquisition Certification SharePoint page; and

     (c) The COH.

COMPETITION

4.6 What are the Service’s procurement competition requirements? We are required to seek competition for all procurement actions unless specific limiting circumstances exist in accordance with FAR Subpart 6.1, FAR Subpart 8.4, FAR Subpart 13.1, and FAR Subpart 19.8. We must submit a Competition Report to the Department annually.

4.7 For what types of procurements may the Service use “other than full and open competition”? Limiting competition, such as a sole source procurement, is allowed under certain circumstances. Each request is evaluated individually and requires an approved written justification.

A. A lack of advanced planning, concerns about expiring funds, or the amount of funds available are not acceptable reasons for limiting competition (see FAR 6.301(c)).

B. Full and open competition is not required in the following situations (and the other situations listed inFAR 6.102, FAR 8.405, FAR 13.104, and FAR 16.505):

(1) Acquisitions for which there is only one responsible source and no other supplies or services will satisfy Service requirements, or

(2) When we need supplies or services so urgently that the Government would be seriously injured unless it limits the number of sources solicited.

C. The format and complexity of the justification documentation depends on the type of acquisition. Consult the CO, assigned in mySupport, for additional information, procedures, and templates for these justifications. If no CO is assigned, please enter a mySupportConsultation Request.

UNSOLICITED PROPOSALS

4.8 What is the Service’s policy on unsolicited proposals? The Head of the Contracting Activity (HCA) is responsible for controlling the receipt, security, evaluation, and disposition of unsolicited proposals. Responsibilities are delegated to the Headquarters Small Business Specialist acting as the Unsolicited Proposal Manager.

A. Procedures:

(1) Employees who receive an unsolicited proposal must immediately send the package to the Unsolicited Proposal Manager for review (see FAR 15.6 for the definition of an unsolicited proposal).

(2) The Unsolicited Proposal Manager will:

     (a) Determine whether the proposal is unsolicited; 

    (b) Give instructions for evaluation, confidentiality, reproduction, discussions, and correspondence with offerors of unsolicited proposals;

     (c) Ensure a signed confidentiality agreement is in place for all individuals taking part in the evaluations of unsolicited proposals; and 

     (d) If a determination is made to award a contract to the offeror, ensure that necessary documentation is prepared, including a justification for the use of “other than full and open competition" procedures (see FAR 15.607).  

B. Employees who have contacts with people presenting unsolicited proposals must limit their discussions with these individuals to: 

(1) Responding to inquiries about the general need for the type of effort contemplated, and

(2) Providing a general understanding of the Service’s mission and responsibilities relative to the type of effort contemplated.

ACQUIRING SENSITIVE PROPERTY

4.9 What is sensitive property, and what requirements should employees know about it? 

A. Sensitive property is property that is system-controlled, regardless of value, by keeping detailed accountability records. Sensitive property includes, but is not limited to:

(1) Laptops, desktops, minicomputers, servers, and tablets;

(2) Firearms, firearm suppressors, and flash-bang distraction devices;

(3) Taser devices;

(4) Radio communication equipment; and

(5) Museum property.  

B. Employees may only buy sensitive property through a CO. Employees must not use a purchase card to procure sensitive property, as it requires additional approvals in the Financial and Business Management System (FBMS). 

C. See the COH and 310 FW 1 through 5 for more detailed information.

OTHER TYPES OF COMMITMENTS

4.10 May employees use a Memorandum of Understanding (MOU) to transfer funds or property? No. We use MOUs to record mutual understandings on matters of policy—we do not use them to make legally binding commitments involving Federal funds, services, or property. You must use a contract, cooperative agreement, grant, intra-Department agreement, or interagency agreement to transfer funds or property.

4.11 Who should be contacted about procurements related to the Federal Assistance program? Contact the Wildlife and Sport Fish Restoration program for information on procurements related to Federal Assistance.

4.12 Who should be contacted about procurements related to the Government charge card program (General Services Administration (GSA) SmartPay Program)? Contact the JAO Travel and Charge Card team for information about the Government charge card program. See also 260 FW 8.

4.13 What is an unauthorized commitment, and what is the Service’s policy on them? An unauthorized commitment occurs when a Government employee enters into an agreement for services or purchases items without the authority to do so. For information about unauthorized commitments, see 301 FW 5 and the COH.