Win the Contract
Introduction
The simple acquisition method falls under the Federal Acquisition Regulation popularly referred
as the Far which is made up of a set of principal rules that collectively form the Federal
Acquisition and Regulation System. The acquisition system provides a way in which the
government acquires or purchases goods and services. The major objective of FAR is to set and
provide fair and uniform policies and processes for acquisition whose key concern is to present
the guiding principles on acquisition systems that meets the needs of the customers on the basic
issues of quality, costs and timeliness and whose operations should be in line with the official
public policy especially on issues of integrity, accountability and fairness. The FAR was
established under the Office of the Federal Procurement Policy, Act of the year 1974.
Part 52 of FAR under the uniform contract guide provide several contract clauses and standard
provisions on solicitation which spells out the certification requirements, instructions and notices
that competing firms have to satisfy before being awarded contracts.
Under the Far reference number (FAR 52.219-8) which refers to the utilization of the Small,
Small disadvantage and also Women owned business would be the right clause for a small
business.
To be competitive in order to win the contract, the contract pricing must also be competitive as
well adequate to satisfy the needs of the contracts.
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Work Requirement
The work requirements under the terms of specified timeliness, performance requirement, quality
of work and all the contract documentation must be carefully maintained. The work requirements
are carefully spelt under the FAR system (Naval Facilities Engineering Command, 1996).
Weight
The total value of particular job requirement must be specified as a percentage of the total
contract requirement which is contained in column 4 under the PRS. The calculated percentages
are mostly based on the personal Judgment of the contractor for a particular job requirement and
who may incur losses if the government deems the work unsatisfied. The company must strive to
ensure that the most of the performance is above average or even of higher quality than the
anticipated product quality.
Standard performance
Under standard performance, the requirements are found in column 5 of the PRS which are
applicable under section J that specifies the completion timeframes and the work statement. To
be competitive, the company must be able to produce products that are of high standards
globally.
Maximum Allowable Defect Rate (MADR)
To be able to remain competitive, the company must be able to maintain a department for
effective Quality Control systems during the existence of the contract to maintain the required
high standards of outputs. The MADR is a system that evaluates the monthly quality control
exercises that the potential contractor produces. The defect rate of the MADR if it’s exceeded
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then the QC is unsatisfactory while as contained in column 6 of the PRS. It should be noted
however that the MADR does not control in any one the performance levels especially where
deductions have been effected for non performance or substandard work. Allowance may be
provided for rework where it’s applicable.
Determination of Award Fee
The payment of the Award fee is attached to the satisfaction of the performance of the company
and fulfillment of the contractual requirements which must be above the stated numerical rating
of over 80 points. The ratings are very high and the company must be prepared to work extra
hard to achieve the compliance required for award payments.
Performance Evaluation Board
The monthly performance evaluation by the PEB may also present a challenge to the
management of the company as members are all professionals and they require very high
standards of production. The company can also hire a permanent technical representative to be
stationed at the site.
Other Challenges
The other challenge may come from the complaints of protester who may be discouraged by the
award of a contract to a rival firm and may use parts and sections of the FAR Act to challenge
the legality of the contract awardees as illegal on the grounds that the contract failed to comply
with all the requirements of solicitation. Successful protests can lead to the cancellation of the t
whole contract and it may give rise to another round of tendering or the rival firm may be
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awarded the contract. The company can protect itself by following all the contract rules as stated
in the uniform contract.
General Administrative requirements
There are several requirements that spell out the directives on the management of the companies
that have won the contract to adhere to while under the contracts. These are; Station regulations
are one of the requirements and it deals with the provision of a clean working environment that’s
well ventilated and well lit. The requirements are Fire protection equipment, environment
protection, safety requirements and protective gears.
Conclusion
In conclusion, the complex FAR requirements may discourage competition as compliance to all
the requirements under the uniform Contract is a challenge for many small companies. However,
the government has made very good progress towards empowering the small companies that may
have had a lot challenges in winning contracts.
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References
Naval Facilities Engineering Command (1996) Uniform Contract Format Guide (UCFG),
Alexandria.
The Office of the Federal Procurement Policy, Act of the year 1974.
