Phase Procurement, Detail, T&M, Options, Contract Structure decisions
Started by ContractSpecialistTJohn · Dec 10, 2021 · 10 replies
- COriginal post
ContractSpecialistTJohn
Dec 10, 2021 · 4y ago
Hello All! Thanks for taking the time to read and respond.
I am working on a procurement that has 3 phases. The first phase is very clear and detailed. The remaining two phases are not as clear cut and will depend on what will transpire in the first phase. How would you go about structuring a procurement like this? I am considering two or three procurements to cover each phase, options, and T&M CLNs. Additionally, we are still doing market research, so I am not looking for RFI questions or questions on bid/no bid decision from industry. I am looking for your thoughts and experience on this and how you would approach this or any advice out there.
Thank you So much
- j
ji20874
Dec 10, 2021 · 4y ago
Are you talking about one procurement that will have three phases, and the end result will be one contract?
Or are you talking about a series of procurements, with one or more contracts for each phase?
Are you willing to share what you are buying?
- V
Vern Edwards
Dec 10, 2021 · 4y ago
ContractSpecialistTJohn said:
I am working on a procurement that has 3 phases. The first phase is very clear and detailed. The remaining two phases are not as clear cut and will depend on what will transpire in the first phase. How would you go about structuring a procurement like this? I am considering two or three procurements to cover each phase, options, and T&M CLNs. Additionally, we are still doing market research, so I am not looking for RFI questions or questions on bid/no bid decision from industry. I am looking for your thoughts and experience on this and how you would approach this or any advice out there.
You have not provided enough information. Here are just a few questions:
- "Phased" suggests that you will progress from some beginning to some ending. Is that what you will be doing?
- Are you buying a service, such as R&D, or system development? If system development, will the acquisition involve production and delivery of prototypes, testing, and a production model?
- Will the phasing be competitive, as in a "down-select"? (Do you know what that is?) Will you have, say, three contractors in the first phase, two in the second, and take only one to the finish?
- Will the phases be contiguous with fiscal years or will they cross-fiscal years?
- How will the procurement be funded? Fully or incrementally?
- Do you envision using the same contract type in each phase or progressive risk reduction?
- C
ContractSpecialistTJohn
Dec 10, 2021 · 4y ago
"Phased" suggests that you will progress from some beginning to some ending. Is that what you will be doing? Yes phase 1 is system development each phase builds on the previous. Like Phase 2 is an advanced version of the system that was built in phase 1. Therefore each phase is cumulative the requirements for the subsequent phases are not fully defined because it is depended on the first phase. Just the scope.
Are you buying a service, such as R&D, or system development? If system development, will the acquisition involve production and delivery of prototypes, testing, and a production model? System development and yes.
Will the phasing be competitive, as in a "down-select"? (Do you know what that is?) Will you have, say, three contractors in the first phase, two in the second, and take only one to the finish? Not sure yet, but that makes sense.
Will the phases be contiguous with fiscal years or will they cross-fiscal years? Whenever we can get it awarded. In what situations would it be contiguous with fiscal years?
How will the procurement be funded? Fully or incrementally? We are looking at firm fixed price contract, however in the out years not sure.
Do you envision using the same contract type in each phase or progressive risk reduction? I don't know. We are considering whether it would make sense to do it as one procurement or 2. I think if it is one, it will likely be a hybrid.Are you talking about one procurement that will have three phases, and the end result will be one contract? That's what I am trying to determine.
Or are you talking about a series of procurements, with one or more contracts for each phase? That's what I am trying to determine.
Are you willing to share what you are buying? Its a system development.
- C
ContractSpecialistTJohn
Dec 10, 2021 · 4y ago
ji20874 said:
Are you talking about one procurement that will have three phases, and the end result will be one contract?
Or are you talking about a series of procurements, with one or more contracts for each phase?
Are you willing to share what you are buying?
Are you talking about one procurement that will have three phases, and the end result will be one contract? That's what I am trying to determine.
Or are you talking about a series of procurements, with one or more contracts for each phase? That's what I am trying to determine.
Are you willing to share what you are buying? Its a system development.
- C
ContractSpecialistTJohn
Dec 10, 2021 · 4y ago
Vern Edwards said:
You have not provided enough information. Here are just a few questions:
- "Phased" suggests that you will progress from some beginning to some ending. Is that what you will be doing?
- Are you buying a service, such as R&D, or system development? If system development, will the acquisition involve production and delivery of prototypes, testing, and a production model?
- Will the phasing be competitive, as in a "down-select"? (Do you know what that is?) Will you have, say, three contractors in the first phase, two in the second, and take only one to the finish?
- Will the phases be contiguous with fiscal years or will they cross-fiscal years?
- How will the procurement be funded? Fully or incrementally?
- Do you envision using the same contract type in each phase or progressive risk reduction?
"Phased" suggests that you will progress from some beginning to some ending. Is that what you will be doing? Yes phase 1 is system development each phase builds on the previous. Like Phase 2 is an advanced version of the system that was built in phase 1. Therefore each phase is cumulative the requirements for the subsequent phases are not fully defined because it is depended on the first phase. Just the scope.
Are you buying a service, such as R&D, or system development? If system development, will the acquisition involve production and delivery of prototypes, testing, and a production model? System development and yes.
Will the phasing be competitive, as in a "down-select"? (Do you know what that is?) Will you have, say, three contractors in the first phase, two in the second, and take only one to the finish? Not sure yet, but that makes sense.
Will the phases be contiguous with fiscal years or will they cross-fiscal years? Whenever we can get it awarded. In what situations would it be contiguous with fiscal years?
How will the procurement be funded? Fully or incrementally? We are looking at firm fixed price contract, however in the out years not sure.
Do you envision using the same contract type in each phase or progressive risk reduction? I don't know. We are considering whether it would make sense to do it as one procurement or 2. I think if it is one, it will likely be a hybrid.Are you talking about one procurement that will have three phases, and the end result will be one contract? That's what I am trying to determine.
Or are you talking about a series of procurements, with one or more contracts for each phase? That's what I am trying to determine.
Are you willing to share what you are buying? Its a system development.
- V
Vern Edwards
Dec 10, 2021 · 4y ago
ContractSpecialistTJohn said:
I am working on a procurement that has 3 phases. The first phase is very clear and detailed. The remaining two phases are not as clear cut and will depend on what will transpire in the first phase. How would you go about structuring a procurement like this? I am considering two or three procurements to cover each phase, options, and T&M CLNs. Additionally, we are still doing market research, so I am not looking for RFI questions or questions on bid/no bid decision from industry. I am looking for your thoughts and experience on this and how you would approach this or any advice out there.
I'm sorry, but the information provided about the requirement is too vague to be the basis for intelligent comment from me.
- j
ji20874
Dec 11, 2021 · 4y ago
PHASE ONE
Solicitation released full and open competition.
Up to five contracts awarded, each for PROOF OF CONCEPT.
Every contractor who delivers on time is paid and advances to next phase.PHASE TWO
Solicitation release limited to successful contractors from previous phase.
Up to three contracts awarded, each for functional PROTOTYPE.
Every contractor who delivers on time is paid and advances to next phase.PHASE THREE
Solicitation release limited to successful contractors from previous phase.
One contract awarded for COMPLETE SYSTEM DELIVERY.Is this what you're talking about?
- C
ContractSpecialistTJohn
Dec 14, 2021 · 4y ago
On 12/10/2021 at 7:35 PM, ji20874 said:
PHASE ONE
Solicitation released full and open competition.
Up to five contracts awarded, each for PROOF OF CONCEPT.
Every contractor who delivers on time is paid and advances to next phase.PHASE TWO
Solicitation release limited to successful contractors from previous phase.
Up to three contracts awarded, each for functional PROTOTYPE.
Every contractor who delivers on time is paid and advances to next phase.PHASE THREE
Solicitation release limited to successful contractors from previous phase.
One contract awarded for COMPLETE SYSTEM DELIVERY.Is this what you're talking about?
Thank you for you feedback. My question is really more about under which circumstances would you have those phases 1-3 under one solicitation versus separate like you have it above.
- j
ji20874
Dec 14, 2021 · 4y ago
Here's an idea for two-phase approach -- I don't know if it meets your needs, but you haven't explained your needs.
Release solicitation.
PHASE ONE. FACTOR ONE - EXPERIENCE. All offerors submit EXPERIENCE information, sharing their own real experience with real clients with real results. Government selects those offerors who, in the SSA's subjective opinion, provide the greatest confidence of being successful based on experience.
PHASE TWO. FACTOR TWO - ORAL PRESENTATION, and FACTOR THREE - PRICE. Selected offerors submit price proposals and appear for oral presentations. Oral presentations cover whatever needs to be covered to assess the offeror's ability to perform the contract successfully.
Tradeoff includes all three factors (1 - EXPERIENCE, 2 - ORAL PRESENTATION, and 3 - PRICE).
I hope this is helpful.
[aside 1]
I don't know why you insist on three phases -- that might be the right answer, but you shouldn't lock yourself into three phases until you understand your acquisition.
[aside 2]
I cannot reconcile "phases 1-3 under one solicitation" in your last posting with "I am considering two or three procurements to cover each phase" in your initial posting.
- V
Vern Edwards
Dec 14, 2021 · 4y ago
See NASA FAR Supplement 1817.70, Phased Acquisition, and 1852.217-71, Phased acquisition using down-selection procedures.