HUD s HAP Support Services PROCUREMENT: A PRIMER Presented by Barbara A. Duncombe Taft Stettinius & Hollister, LLP January 11, 2018

Transcription

1 HUD s HAP Supprt Services PROCUREMENT: A PRIMER Presented by Barbara A. Duncmbe Taft Stettinius & Hllister, LLP January 11, 2018 Materials Prepared, in part, by Chen Mhr LLP Washingtn, D.C.

2 Prcurement Cntract Or Cperative Agreement Des It Matter? Prcurement Cntracts Grants/Cperative Agreements Frmalized prcess Flexible Prcess Many Regulatins Fewer Regulatins Prcess review Minimal prcess review Rigid Scpe f Wrk Flexible Scpe f Wrk Strict schedule f milestnes r deliverables General timetables

3 The Prcurement Prcess General Overview (Agency) Agency determines it has a need fr gds and/r services. Agency drafts a slicitatin. Agency psts a slicitatin n Federal Business Opprtunities ( Interested parties prepare ffers in respnse t the slicitatin requirements and submit ffers by the required due date. The cntracting fficer r surce selectin authrity evaluates the ffers and makes award(s).

4 The Prcurement Prcess First Steps (Cntractr) Data Universal Numbering System (DUNS) an fferr must btain a DUNS number frm Dun and Bradstreet. Available fr free fr federal cntractrs. Register in the System fr Award Management (SAM) system which requires the cmpletin f several federal representatins and certificatins. If already registered in SAM then yu may need t change the Purpse f Registratin frm Federal Assistance Awards Only t All Awards.

5 The Prcurement Prcess S far HUD has: Held An Industry Day Issued a Request fr Infrmatin (RFI) Issued a Surces Sught Issued tw Revised Draft Slicitatins (86546A18R00002 fr HAP Reginal Supprt and 86546A18R00001 fr HAP Natinal Supprt) n December 12, 2017 Cmments, questins and capability prfiles (riginally due 1/2/2018) are due by January 31, 2018

6 The Prcurement Prcess Types f Cntracts Fixed-Priced Cntracts Cst-Reimbursement

7 The Prcurement Prcess Fixed-Priced Cntracts firm-fixed-price cntracts, fixed-price cntracts with ecnmic price adjustment, fixed-price incentive cntracts, fixed-price cntracts with either prspective r retractive price re-determinatin, and firm-fixed-price, level-f-effrt Draft RFP cntemplates a single ID/IQ Fixed Unit Price Cntract(s)

8 The Prcurement Prcess Cst-Reimbursement Cntracts cst cntracts, cst-sharing cntracts, cst-plus-incentive-fee cntracts, cst-plus-award-fee cntracts, and cstplus-fixed-fee cntracts

9 The Prcurement Prcess WHERE: The final RFP will be published n and mst likely n HUD s website given its past practices. WHEN: We dn t knw s check frequently!

10 The Prcurement Prcess The RFP Brken Dwn int Sectins A-M Sectin A Cntract Frm/SF33 Pint f Cntact Amendment Acknwledgements Signature Page DUE DATE

11 The Prcurement Prcess The RFP Sectins A-M Sectin A the Cntract frm cver Sectin B Supplies and Services and Pricing Cntract Line Items Perid f Perfrmance/Optins Pricing Guidelines Draft RFPs include Estimated Quantities Sectin C Perfrmance Wrk Statement (PWS)

12 The Prcurement Prcess The RFP Sectins A-M Sectin D Packaging and Marking Sectin E Inspectin and Acceptance Sectin F Deliveries f Perfrmance

13 The Prcurement Prcess The RFP Sectins A-M Sectin G Cntract Administratin Data Sectin H Special Cntract Requirements Sectin I Cntract Clauses Sectin J List f Attachments

14 The Prcurement Prcess The RFP Sectins A-M Sectin K Representatins and Certificatins Sectin L Instructins t Offerrs Sectin M Evaluatin Factrs fr Award

15 The Prcurement Prcess HELPFUL HINTS A team f peple shuld scur and scrutinize every wrd f the slicitatin including clauses incrprated by reference. This is a TEAM effrt. Make sure yu understand everything if nt sure ask questins! Make checklists f actin items and assign items t the prper parties internally with set deadlines. Respnd apprpriately t the specificatins and fllw the structure established by the slicitatin. Crdinate the infrmatin requested in Sectin L with the evaluatin factrs listed in Sectin M. They shuld match.

16 The Prcurement Prcess HELPFUL HINTS Be clear give specific infrmatin abut yur entity and hw it will perfrm the PWS. D nt parrt back the slicitatin requirements. Set yurself apart frm thers. Why are yu the best? Put it in the prpsal but apply it t the specific wrk being slicited. Offer cmpetitive pricing. Yu may nt get anther chance. Prfread! Make sure yu have signed everything required and included every attachment requested.

17 The Prcurement Prcess Befre the RFP Due Date Pre-Prpsal Cnference Questins and Answers Amendments

18 The Prcurement Prcess After the RFP Due Date Determinatin f a Cmpetitive Range Discussins/Clarificatins FPRs Ntice f Award

19 Cntract Cmpliance Will PHAs have t cmply with: Service Cntract Act? (yes) Equal Opprtunity Clauses? (yes) E-Verify? (yes) Small Business Subcntracting Plans? (yes) Private cmpanies will have a higher administrative burden.

20 Subcntracting A small business is a cncern that: Is rganized fr prfit; Has a place f business in the U.S.; Operates primarily within the U.S. r makes a significant cntributin t the U.S. ecnmy thrugh payment f taxes r use f American prducts, materials r labr; Is independently wned and perated; and Is nt dminant in its field n a natinal basis

21 Partnering Subcntractrs Jint Ventures Mentr-Prtégé

22 Jint Ventures An arrangement in which tw r mre parties pl their resurces fr the purpses f perfrming the cntract but still retain their distinct legal identities. ABC and XYZ cme tgether t frm EFG. EFG wuld bid n the cntract and perfrm the wrk using the resurces f ABC and XYZ. JV gets its wn DUNS and registers with SAM Members f JV are affiliated fr size purpses unless bth members are small. This is separate and apart frm the Mentr-Prtégé rules.

23 Mentr-Prtégé New Rules A frmal arrangement where the Prime assists small business cncerns, enhancing their capability t perfrm successfully n future cntracts and subcntracts. A Mentr-Prtégé may qualify as a small business fr any gvernment prime cntract if the Prtégé qualifies as a small business fr the prcurement. Prtégé must have experience in that NAICS. SBA must apprve the Mentr-Prtégé agreement. This is currently nly taking 3 days! Prtégé may nly have ne Mentr at a time with limited exceptins. Mentr can have up t three Prtégés under certain circumstances.

24 QUESTIONS

25 POINTS OF CONTACT Barbara A. Duncmbe, Esq. Suzanne Sumner, Esq. TAFT, STETTINIUS & HOLLISTER, LLP 40 Nrth Main Street, Suite 1700 Daytn, Ohi