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Agencies shall develop quality assurance surveillance plans when acquiring services see These plans shall recognize the responsibility of the contractor see The quality assurance surveillance plans shall focus on the level of performance required by the PWS, rather than the methodology used by the contractor to achieve that level of performance.

For example, in some simplified acquisitions the Government may decide that the inspection clauses in the contract or order provide adequate means of surveillance, without requiring a detailed quality assurance surveillance plan. Agencies shall use competitive negotiations, when appropriate, to ensure selection of services that offer the best value to the Government, cost and other factors considered see Agencies shall follow the order of precedence set forth in Fixed-price contracts or orders are generally appropriate for services that can be defined objectively and for which the risk of performance is manageable see Subpart When acquiring services that previously have been provided by contract or order, agencies shall rely on the experience gained from the prior contract or order to incorporate PBSA methods to the maximum extent practicable.

This will facilitate the use of fixed-price contracts or orders for such requirements for services. See 7.

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The authors conducted interviews at an Air Logistics Center and a Product Center to learn whether and how service contracts included these performance-based practices. Many at the two Centers felt that it is difficult for systems service contracts to satisfy all four of the PBSA criteria. This cannot be easily done for many systems services such as engineering support and advisory and assistance services. Despite this difficulty, however, both Centers use a performance-based approach applying the other three criteria to purchase many services, and many personnel felt that they can determine and convey whether the contractor met their needs.

The authors conclude that many of the approaches used by the Centers satisfy the intent of the criteria. RAND documented briefings are based on research presented to a client, sponsor, or targeted audience in briefing format. Additional information is provided in the documented briefing in the form of the written narration accompanying the briefing charts. All RAND documented briefings undergo rigorous peer review to ensure that they meet high standards for research quality and objectivity. These supplementing sections and subsections will appear to the closest corresponding FAR citation; e.

Note : These citations are for illustrative purposes only and may not actually appear in the published EDAR. For example:. The following activity acronyms apply:. The Secretary has delegated this authority to the CAO. Limitations to the extent of this authority and successive delegations are set forth in the respective memorandums of delegations. As used in this subpart, commitment includes issuance of letters of intent and arrangements for free vendor services or use of equipment with the promise or the appearance of commitment that a contract, modification, or order will, or may, be awarded.

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Law and regulation requires that only individuals acting within the scope of their authority make acquisitions. Within the Department, that authority vests solely with the Contracting Officer. Acquisitions made by other than authorized personnel are matters of serious misconduct. The employee may be held legally and personally liable for the unauthorized commitment. Contracting officers must insert a clause substantially the same as the clause at Chief of the Contracting Office means an official serving in the contracting activity CAM or FSA Acquisitions as the manager of a group that awards and administers contracts for a principal office of the Department.

The COR is not authorized to issue any instructions or directions that effect any increases or decreases in the scope of work or that would result in the increase or decrease of the cost or price of a contract or a change in the delivery dates or performance period of a contract. Head of the Contracting Activity or HCA means those officials within the Department who have responsibility for and manage an acquisition organization and usually hold unlimited procurement authority. Performance-Based Organization or PBO is the office within the Department that is mandated by Public Law — to carry out Federal student assistance or aid programs and report to Congress on an annual basis.

The SPE also acts as the official one level above the contracting officer when the HCA is acting as a contracting officer. The contracting officer must insert the clause at Any Departmental personnel who have evidence of a suspected antitrust violation in an acquisition must—. Any Departmental personnel who suspect or have evidence of attempted or actual exercise of improper influence, misrepresentation of a contingent fee arrangement, or other violation of the Covenant Against Contingent Fees, must report the matter promptly in accordance with the procedures in However, if time permits, a bid or proposal due date that affords potential offerors reasonable time to respond and fosters quality submissions should be established.

Federal Student Aid must satisfy the publication requirements for sole source and competitive awards for a module of a previously awarded system by publishing a notice of intent on the government wide point of entry, not less than 30 days before issuing a solicitation. This notice is not required if a contractor who is to be solicited to submit an offer previously provided a module for the system under a contract that contained cost, schedule, and performance goals, and the contractor met those goals. Authority to approve publication of paid advertisements in newspapers is delegated to the HCA.

This subpart implements FAR subpart 9. This subpart applies to all procurement debarment and suspension actions initiated by ED. This subpart does not apply to nonprocurement debarment and suspension. The contractor must submit additional information within 30 days of receipt of the notice of proposal to debar, as described in FAR 9.

If the Debarring Official determines that there is a genuine dispute of material fact, the Debarring Official will conduct fact-finding and base the decision in accordance with FAR 9. The contractor must submit this information and argument within 30 days of receipt of the notice of suspension, as described in FAR 9.

This subpart applies to all ED contracts except contracts with other Federal agencies. If a potential or actual conflict of interest is identified after award and the effects cannot be avoided, neutralized, or mitigated, ED will terminate the contract unless the HCA deems continued performance to be in the best interest of the Federal government. The contracting officer must insert the provision in The clause is applicable to each order for services over the simplified acquisition threshold under task order contracts.

By accepting any contract, including orders against any Schedule or Government-wide Acquisition Contract GWAC , with the Department at or below the simplified acquisition threshold:. This disclosure must include a description of actions that the contractor has taken or proposes to take, after consultation with the contracting officer, to avoid, mitigate, or neutralize the actual or potential conflict. As specified in The approved waiver may be either for an individual contract or for a class of contracts for the specific item.

The approved waiver and supporting documentation must be incorporated into the contract file. The solicitation provision in The contracting officer can choose to use this optional method of solicitation when deemed beneficial to the FSA in meeting its needs as a PBO. The contracting officer must select the offerors that are eligible to participate in the second phase of the process.

The contracting officer must limit the number of the selected offerors to the number of sources that the contracting officer determines is appropriate and in the best interests of the Federal government.


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Any contact with employees of the Department of Education has been within the limits of appropriate advance guidance set forth in FAR No prior commitments were received from Departmental employees regarding acceptance of this proposal. Costs that are not reimbursed under a cost-sharing contract may not be charged to the Federal government under any other grant, contract, cooperative agreement, or other arrangement. See Award-term contracting is a method, based upon a predetermined plan in the contract, to extend the contract term for superior performance and to reduce the contract term for substandard or poor performance.

A Contracting Officer may authorize use of an award term incentive contract for acquisitions where the quality of contractor performance is of a critical or highly important nature. As award term s are awarded, each additional period of performance will immediately follow the period of performance for which the award term was granted.

Award-term periods may only be earned based on the evaluated quality of the performance of the contractor. Meeting the terms of the contract is not justification to award an award-term period.

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The use of an award-term plan does not exempt the contract from the requirements of FAR The Contracting Officer must justify the use of an award-term incentive contract in writing. The award-term plan approving official will be appointed by the HCA.


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  7. Award-term periods may not be earned during the final option year of any contract. Award terms may be cancelled prior to the start of the period of performance at no cost to the Federal government if there is not a continued need or available funding. Award-term periods effectively move option periods to later contract performance periods. A contractor loses its ability to earn additional award terms if an earned Award-Term Period is declined.

    Insert a clause substantially the same as the clause at Acceptance of price reductions offered by contractors will not be considered renegotiations as identified in this subpart if they were not initiated or requested by the Federal government. No other Federal department or agency may purchase property or services under contracts established or administered by FSA unless the purchase is approved by SPE for the requesting Federal department or agency. Each module must be useful in its own right or useful in combination with the earlier procurement modules.

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    Successive modules may be procured on a sole source basis under the following circumstances:. Consistent with 29 CFR 4. Accordingly, no contract subject to the Service Contract Act issued by the Department of Education will have a base period or option period that exceeds five years. Some categories of research are exempt under the regulations, and the exemptions are in 34 CFR part The release or withholding of documents requested will be made on a case-by-case basis. Contracting officers must advise offerors and prospective contractors of the possibility that their submissions may be released under the Freedom of Information Act, not withstanding any restrictions that are included at the time of proposal submission.

    A clause substantially the same as the clause at This authority may not be redelegated. The criteria in FAR If a service contract requires one or more end items of supply, FAR Subpart Award-term contracting may be used for performance-based contracts and task orders that provide opportunities for significant improvements and benefits to the Department.

    Use of award-term contracting must be approved in advance by the HCA. The contracting officer must include the solicitation provision in The contracting officer must include the clause at