II. Plan of Action

#	Subject	Topic	Action	Reference
II. Plan of Action
46	Market Research Results	EPA	Is the Economic Price Adjustment clause required to adjust for fluctuations in price?	FAR 16.203-1 / FAR 16.203-2
47		Economies of Scale	If using an Indefinite Delivery Contracts with unit prices, do we benefit from price breaks due to economies of scale?
48		Specialty Skills	Are there specialty skills required for this project?
49	Acquisition Approach	Solicitation Method Used	What method will you use?
50		Magnitude of Project	Did you identify the magnitude of the project on the SF Form 1442 (blk 10) or Section L?	FAR 36.204
51		Basis of Award	Are you considering using a tradeoff approach? Past Performance trade off, performance/prices best value tradeoff. If trade-offs other than performance and price apply, are the evaluation factors true discriminators?	FAR 15.101
52			Is this project to be acquired using sealed bid? Are you restricting the award to price and price-related factors? Are you going to use the two-step process?	FAR 14.408 / FAR 14.201 FAR 14.5
53		Site Visits	Identify number of visits scheduled.	FAR 36.210
54			What measures will you use to ensure on-site personnel do not discuss site conditions with prospective contractors?
55			Have escorts and requirements for pre-proposal conference attendees been coordinated before the site visit?
56			Did you ensure the contractors are able to inspect the site and surrounding site conditions?
57		Bonds	Will bonding procedures be required in this contract?	FAR 28.1
58			Is a waiver required?
59			What types of Bonds will you use?
60			Are you going to check with the Treasury Department to ensure the Bonding Company is on the approved list?
61			How you will process increases in contract price to ensure you acquire additional bonding?
62			How will you track the bonds?
63			Will you require consent of surety for increases in contract price?
64			Are Bid Guarantees required?
65		Labor Laws	Does the Davis-Bacon Act apply?
66			What types of labor categories are required?
67			How will you identify and address labor violations?
68		Material Submittals	Are material submittals required for this project?
69			Describe measures to be taken to ensure timely submittals
70			How is the contracting officer going to monitor the approval process?
71			Did you discuss and verify the material submittals with the Civil Engineers (CE)?
72			What type of suspense system will be used to track submittals?
73		Green Procurement	Did you discuss how to meet green purchasing requirements as they relate to energy conservation, recovered materials, environmental preferable and energy-efficient products and services?	FAR 7.105 / FAR 11.002 / FAR 13.2 / FAR 23.2 / FAR 23.4 / FAR 23.7 / AFFARS Library Part 5323 / CO's Primer / GP Guide / Greening Your Products
74		Warranties	Will the standard construction warranty apply? Did you consider the limitations?	FAR 46.7
75			Does the manufacturer's warranty require the contractor to have any special certifications/qualifications?
76			Are there any unique warranties required?
77			What approvals are necessary (D&F)?
78			Did you consider the terms and conditions associated with the warranty?
79		Warranties	Are there conflicts between the warranty clauses and warranty conditions addressed elsewhere in the solicitation?
80		Evaluation Factors	What evaluation factors will you use to differentiate between offerors?	DFARS 215.304
81			Will the past performance evaluation factor merit a significant weighting?
82			Minimize the number of evaluation factors used to those few critical areas necessary to ensure appropriate contractor selection.
83			Are past performance evaluation factors tailored to the project giving consideration to:
84			a) A demonstration of the contractor's experience on a reasonable number of successfully completed projects of a similar size and complexity?
85			b) Demonstrating the contactor has adequate organizational and management skills?
86			c) Demonstrating the contractor has the necessary technical skills. Demonstrating the contractor has an awareness of health and safety concerns when on site.
87			d) Demonstrating the contractor's ability to complete construction projects without recourse to sureties; and
88			e) Demonstrating the contractor's commitment to assign the necessary resources (personnel, equipment and financial) to the project?
89		Past Performance	Will a past performance survey be used?
90			Does the survey require updating?
91			Will you request past performance information before the solicitation closing date?	FAR 15.304
92			What types of past performance are relevant to this project?
93			What types of past performance information are necessary, e.g. joint ventures and subcontractors, teaming partners, etc.
94			How will you ensure Sections L&M of the solicitation reflect the importance of past performance?
95		PCAG	Will you use past performance to evaluate offerors? Will you require a Performance Confidence Assessment Group (PCAG)? Who will chair the group? When will appointment of the members occur?
96			How will you ensure the PCAG team understands their role in the evaluation process, and have a firm understanding of how you define relevancy?
97			What measures will you take to ensure the team applies that relevancy to their evaluation of past performance?
98			How will you ensure the team members adhere to the evaluation criteria contained in the solicitation?
99			Did you identify the past performance process the PCAG will use?
100		Contract Type	What type of contract is appropriate for this project?	FAR 16
101			Should the project be broken down into phases, include options or any combination of the above?	FAR 36.3
102		Options	Do you have CLINS for optional requirements?
103			Did you consider mobilization/demobilization activities, progressive flow of construction and anticipated receipt of funding?	Note: The option to purchase additional requirements will not extend past 90 calendar days from the date of award. Do not extend the option to purchase additional items beyond the point when it would interrupt the flow or timeliness of the overall project.
104			Did you address the period it takes to exercise options?
105			Did you consider the date to proceed in your decision?
106			Did you consider the started work date in this decision?
107			Will you have to consider additional material submittal requirements?
108		Competition	Did you consider socio-economic set-asides?
109			Will a J&A be necessary?
110			What authority will you use for the J&A?
111			Did you consider the impact of using a non-traditional pricing arrangement, e.g. coefficients in other than SABER contracts on competition?
112		Contracting Considerations or Incentives	Did you consider using incentives?	FAR 16
113			Are there special provisions/clauses/deviations considerations?	FAR 16.4
114		Liquidated Damages	Due to constraints, are liquidated damages necessary?	FAR 11.501 / FAR 11.502 / FAR 11.503 / FAR 36.206 / DFARS 236.206
115			Will this require a justification?
116			What formula will you use to assess damages?
117			Are user specific damages required?	Note: The justifications for specific damages will have to be prepared.
118		Data/Data Rights	Are data rights necessary?	FAR 27
119		Environmental, Safety & Health	Are there environmental, safety and health issues?	FAR 23
120		Government Furnished Property / Equipment / Material (GFP/GFE/GFM)	Will you provide government property to the contractor?	FAR 45
121			Have you identified the proposed equipment/property?
122			How will you track this property?
123			How important is this property in the performance of the contract?
124			What measures are you taking to ensure the property is in the specified condition? Moreover, available on the date specified?
125		Government Estimate	Have you addressed the importance of an accurate government estimate, and its importance to the acquisition process?	FAR 36.203 / DFARS 236.203
126		Specifications and Drawings	Are the specifications to be 100% design?	FAR 36.202
127			Do you anticipate ambiguities and conflicts in the specifications that require resolution?
128			Will you require brand name products? Are you in compliance with OMB's directive on brand name products?	OMB Memo, 11 Apr 05
129			Have you identified the salient characteristics?
130			Are justifications and approvals required?
131		Subcontracting	Does subcontracting apply to this acquisition?	FAR 52.219-9 / FAR 22.4
132			Will a subcontracting plan be required?
133			Will employee payrolls be required?
134			Will a Statement of Acknowledgement be required for this project?
135			How will you conduct labor compliance checks for the subcontract?
136			How will you handle violations for subcontracts?
137		CCASS	Will a CCASS evaluation be required?	DFARS 236.201(3)(A)
138		Congressional Notification	Do you need to notify congress of contract award?	DFARS 236.601 / AFFARS 5305.303
139		Statutory Limitations	Did you address statutory cost limitations?	FAR 36.205 / DFARS 236.570(b)(4) / DFARS 252.236-7006
140			Is the Title I dollar amount less than 6% of the estimated construction cost?	AFI 32-1021 / AFI 32-1022 / AFI 32-1032
141			Is a DD Form 332 or a DD Form 1391 required?
142		CLINs	How will you track estimated quantities?
143			Are there separate CLINs for demolition?
144			Is there a need for optional requirements?
145		Inspection	Did you identify how you will monitor the contractor's performance?	FAR 28.306 / FAR 28.307 / FAR 52.228-5 / FAR 52.228-7
146			How will you track Progress Schedules?
147			Will the appropriate clauses be included?
148			What action will you take if the contractor falls 5% behind schedule?
149		Debarred List	How will you ensure the prime and subcontractor are not listed on the list of parties excluded from procurement and non-procurement programs.	FAR 9.404(C)(5)
150		Progress Payments	Will you use progress payments in this acquisition?	FAR 32.5
151			What are the milestones for payment?
152			How will you track progress payments?
153		Progress Schedules	Are progress schedules required?	FAR 52.236-15
154			If approval is required, who will approve the schedule?
155			How will the contractor submit these reports?
156			Is there a need to track the progress schedules? Who will do the tracking?
157			What action will you take if the contractor falls behind?
158			What action will you take if the contractor fails to submit a schedule?
159		Milestones	Are the milestones realistic?	DFARS 236.601
160			Do they take into consideration environmental considerations?
161			Do the milestones consider funding issues?
162			Are you allowing adequate lead-time to the contracting process?
163			Did you allow adequate time a for the site visit?
164			Did you allow adequate time for the pre-proposal conference?
165	Contract Admin / Mgt	Meetings	How will you organize and conduct meetings?
166			How often will team members meet?
167			Who will chair the meetings?
168			How will differences be resolved?
169		Payrolls (Prime and Subcontractor)	How will the contractor submit weekly payrolls?	FAR 22.406-6 / FAR 52.222-8
170			How will you track subcontractor payroll submittals?
171			How will the subcontractor submit his payrolls?
172			Did you identify how you will monitor payrolls to include certified?
173			How will you review payrolls against the wage determination?
174		Apprentices	Will apprentices be working on this project? Enforced?	FAR 22.406-4
175			How are the certifications to be processed?
176			Did you address the ratio of apprentices to journeyman?
177			How will you accomplish labor checks?	FAR 22.406-7
178			How will deal with issues associated with labor checks?
179		Labor Checks	How will you conduct labor investigations?