CLC033 -2 Contract Format_Structure DOD E-Biz_Uniform Contract Format Considerations

8/13/2019 CLC033 -2 Contract Format_Structure DOD E-Biz_Uniform Contract Format Considerations

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CLC033 - Contract Format/Structure DOD e-Biz

Uniform Contract Format Considerations Page 1 of 20

Procurement Data Flow

In order to fully understand how

contract structure affects other parts ofthe Department Of Defense (DOD)contracting process, it is necessary to

understand how data flows among the

various systems involved in theprocurement process.

Below is the basic procurement dataflow for pre-award. Select each step tolearn more about the process or click

here to read about the steps in the dataflow.

Basic Procurement Data Flow (Pre-Award)

The graphic depicts the Pre-Award Procurement Flow. The steps are as follows:

1. Customer: The customer identifies a need and creates a Purchase Request (PR).

2. Purchase Request: PR information is sent to the Contracting Office (may be system-to-system or manu 3. Solicitation: The Contracting Office creates the solicitation in the contract writing system (e.g., theStandard Procurement System or "SPS") and publicizes it via FedBizOpps. Any technical data (drawings,etc.) is made available to potential offerors via the Federal Technical Data Solution (FedTeDS).

4. Contractor: Prospective offerors must be registered at Central Contractor Registration (CCR). For mossolicitations, registration at the Online Representations and Certifications Application (ORCA) is alsorequired.

5. Offer: The offeror submits his/her offer to the Contracting Office.

6. Evaluation: The Contracting Office conducts its evaluation of the offers received. This may include usidata from the Past Performance Information Retrieval System (PPIRS), Excluded Parties Listing Service(EPLS), Wage Determinations Online (WDOL), and local proposal evaluation tools.

7. Award & Contract Reporting: Upon award, contract reporting information (formerly DD-350) is sent the Federal Procurement Data System-Next Generation (FPDS-NG). Contract award information is sentthe Electronic Document Access (EDA) system.



Basic Procurement Data Flow (Pre-Award)

The graphic depicts the Pre-Award Procurement Flow. The steps are as follows:

1. Customer: The customer identifies a need and creates a Purchase Request (PR).

2. Purchase Request: PR information is sent to the Contracting Office (may be system-

to-system or manual).

3. Solicitation: The Contracting Office creates the solicitation in the contract writingsystem (e.g., the Standard Procurement System or "SPS") and publicizes it via

FedBizOpps. Any technical data (drawings, etc.) is made available to potentialofferors via the Federal Technical Data Solution (FedTeDS).

4. Contractor: Prospective offerors must be registered at Central Contractor

Registration (CCR). For most solicitations, registration at the Online Representationsand Certifications Application (ORCA) is also required.

5. Offer: The offeror submits his/her offer to the Contracting Office.

6. Evaluation: The Contracting Office conducts its evaluation of the offers received. This

may include using data from the Past Performance Information Retrieval System(PPIRS), Excluded Parties Listing Service (EPLS), Wage Determinations Online

(WDOL), and local proposal evaluation tools.

7. Award & Contract Reporting: Upon award, contract reporting information (formerlyDD-350) is sent to the Federal Procurement Data System-Next Generation (FPDS-

NG). Contract award information is sent to the Electronic Document Access (EDA)system.





Procurement Data Flow, Cont.

Below is the basic procurementdata flow for post-award. Select

each step to learn more about theprocess or click here to read

about the steps in the data flow.



Procurement Data Flow for Post-Award

The graphic depicts the post award procurement data flow process. The steps are asfollows:

1. Award: Electronic Document Access (EDA) makes available contract documents andaward information to several organizations and systems, including the contractor,the customer, and the Defense Finance and Accounting Service (DFAS). Awardinformation is also passed to Wide Area Work Flow (WAWF).

2. Invoice & Receiving Reports: In accordance with the contract, the contractor inputsits invoices and receiving reports into the WAWF.

3. Customer: The customer logs into WAWF and approves/accepts the goods or

services.

4. Approval/Acceptance: WAWF sends the customer's approval/acceptance andcontractor’s invoice to DFAS.

5. Payment: After reviewing the contract information (from EDA, GEX or system

interface), invoice and approval/acceptance from WAWF, DFAS pays the contractor.6. Property Record: When applicable, WAWF sends property record information to the

appropriate inventory and/or property management systems.7. Item Pedigree: When applicable, WAWF sends the item pedigree information to the

Item Unique Identification Registry.8. Contractor: When applicable, the contractor reports its performance relative to socio-

economic subcontracting goals in the Electronic Subcontract Reporting System

(eSRS).9. Feedback: The customer provides feedback on the contractor's performance as

applicable (e.g., CPARS).





Uniform Contract Format

Part I The Schedule

Section A Solicitation/Contract Form

Section B Supplies or Services and Price/Costs

Section C Description/Specification/Statement of Work

Section D Packaging and Marking

Section E Inspection and Acceptance

Section F Deliveries and Performance

Section G Contract Administration Data

Section H Special Contract Requirements

Part II Contract Clauses

Section I Contract Clauses

Part III List of Documents, Exhibits, & Other Attachments

Section J List of Attachments

Part IV Representations & Instructions

Section K Representations, Certifications, and other Statements of Offerors

Section L Instructions, Conditions, and Notices to Offerors

Section M Evaluation Factors for Award

The uniform contract format provides a number of advantages:

Makes it easier to administer contracts if information is in a common structure

Information can be found more readily if needed for a particular task, such as

contract paymentSupports automation, i.e., software can be used to determine if a clause or provisionis presentClarifies the importance of clauses

Click here to access the Uniform Contract Format information page on the DAU Acquisition

Community Connection (ACC) web site.





Order of Precedence Clause

Any inconsistency in this solicitation or contract shallbe resolved by giving precedence in the following

order:

The Schedule (excluding the specifications)

Representations & Instructions

Contract Clauses

List of Documents, Exhibits, & OtherAttachmentsThe specifications





Order of Precedence Clause, Cont.

The "Order of Precedence" clause provides a tool fortailoring contract requirements to meet current needs

while using standard specifications and clauses.

Because of the possibility of conflicts between

sections, it is vital that this be understood whendrafting a contract.





Section B Considerations

Part I The Schedule









Below are some important points to remember about Section B, Supplies or Services andPrice/Costs:

Provides the structure for the entire contract

Should be completed before other sections

Line items listed in Section B must be separately identifiable, with one statement ofwork (SOW)/performance work statement (PWS) or National Stock Number (NSN)

per item

Each line item must have a separate delivery schedule or period of performance

Each line item must have a single unit price and accounting citation





Section B Considerations, Cont.

Subline Items

Reference: Defense Federal Acquisition RegulationSupplement (DFARS) 204.7104 There are two types of

subline items:

Informational (numeric suffix, e.g. 000101)

Separately Identified (alpha suffix, e.g. 0001AA)





Informational Subline Items

Informational subline items are established, for example, to identify multiple accountingclassification citations assigned to a single line item.

Below is an example of informational subline items:

ITEM SUPPLIES/SERVICE QUANTITY UNIT UNIT PRICE AMOUNT

0001 Satellite 1 EA $6,700,000 $6,700,000

000101 ACRN: AA $3,300,00000102 ACRN: AB $2,000,000

000103 ACRN: AC $1,400,000

Note that in this example that the end item should be non-severable. Otherwise, separatelines should be established for each component.







Considerations for Section C

Part I The Schedule









Below are some important points to remember about Section C,Description/Specifications/Work Statement:

If the PWS/SOW is lengthy, make it an attachment and reference applicable

paragraphs under the appropriate line items

If the PWS/SOW is not lengthy, place it in Section C

Emphasize the product or the desired outcomes rather than processMake it clear which parts belong to which line item





Considerations for Section E

Part I The Schedule









Below are some considerations of things that should be specified in Section E, Inspectionand Acceptance:

Where inspection and acceptance will occur

Who has authority to accept

How we will inspect and accept

List Inspection/Acceptance Department of Defense Activity Address Code (DODAAC) for each delivery point

o Used in WAWF to route Electronic Data Interchange (EDI) 856 (ShipNotice/Manifest)

Reference the Contract Data Requirements List (CDRL) if applicable



Examples of Inspection and Acceptance Clause Wording

Incorrect:

Inspection and acceptance of these items will be made at the contractor's plant

Correct:

Inspection and acceptance of these items shall be at the contractor's plant by the

cognizant DCMA office (Sxxxxx) in accordance with the acceptance test procedure inAttachment A, Statement of Work, section 7.7.

Inspection and acceptance of these items shall be at the contractor's plant by the

cognizant DCMA office (Sxxxxx) in accordance with the acceptance test procedure tobe submitted and approved under CDRL G00F.



Contract Data Requirements List (CDRL)

The CDRL identifies contractor data development and submission requirements in support ofGovernment contract requirements.





Considerations for Section G

Part I The Schedule









Some considerations regarding Section G, Contract Administration Data include:

Incorporate payment instructions IAW PGI 204.7108.

Specify codes for offices involved in handling acceptance and payments. Click here to

view a list of DODACC types.

DODAAC queries can be performed using the Defense Logistics Agency Inquiry System.

Entering the DODACC code will provide addresses and other information about the DODACC.



DODACC Types

Issuing Office DODAACAdmin Office DODAAC

Inspector DODAACShip To DODAAC (for Combo)Service Acceptor DODAAC (for 2 in 1)

Service Approver DODAAC (for Cost Voucher, if applicable)Acceptor DODAACDCAA Office DODAAC (Cost Voucher Approver - if applicable)

Paying Office DODAAC





Considerations for Section G, Cont.

3. Incorporate Electronic Invoicing (E-Invoicing)instructions in accordance with DFARS

252.232-7003, Electronic Submission of Payment Requests.

4. Incorporate Wide Area Work Flow (WAWF)instructions. WAWF instructions should include

the specific data elements required by the

contractor to create the appropriatedocuments. If the contract was been preparedusing a digital contract writing system, verify

that the required data elements are available

via an interface with WAWF.

WAWF instructions contain the following

elements, click on each element to learn more.o Basic data

o DODAAC extensionso Routing alerts

Basic DataThe WAWF instructions contain the basic data elements needed. However, based on thepayment clauses incorporated, additional data elements may be needed.

DODAAC Extensions DODAAC Extensions may also be required. These enable furthersubdivision of WAWF documents within a location code in a group. Note thatcontractors may also use CAGE extensions to enable sub-contractors to access their

WAWF documents.

Routing Alerts WAWF will automatically route alerts to organizational email addresses,and will also prompt the contractor to include additional e-mail submissions. You maywant to add specific e-mail addresses to prevent any delays in processing the documents.





Considerations for Section I

Part II Contract Clauses

Section I Contract Clauses

Considerations for Section I, Contract Clauses,

include:

1. Federal Acquisition Regulation (FAR)

Subpart 52.3, Provisions and Clauses Matrix2. Use the FAR Site Clause Logic Application,

which is "designed to help Government

buyers quickly and successfully navigate themyriad of required clauses and government

regulations necessary for valid contract

preparation"

Ensure that Government-furnished property (GFP)provisions are included in contracts in which the

contractor will be handling government property. Suchcontracts often include the following types of work:

Repair

MaintenancePerformance on Government installationsDevelopment or production





Considerations for Section I, Cont.

Additional considerations for section I include:

3. Unique identification (UID) in contracts:

The DOD's UID program relies upon contracting

officers adhering to FAR and DFARS contract structurerequirements so the benefits of UID can be realized.

Certain line items and subline items require itemunique identification (IUID).



Benefits of UID

UID enables easy access to information about DOD possessions that makes acquisition,repair, and deployment of items faster and more efficient.

Item visibility regardless of platform or "owner"Lower item management costs

Item data necessary for top-level logistics and engineering analysisAccurate sources for property and equipment valuation and accountabilityImproved access to historical data for use during systems design and throughout the

life of an item

Better item intelligence for warfighters for operational planningReduced workforce burden through increased productivity and efficiencyImproved inventory accuracy





UID Compliance Do's and Don'ts

The following lists the "do's" and "don'ts" of UIDcompliance for contracts:

DO

Use the clause at DFARS 252.211-7003, Item

Identification and Valuation, in solicitations and

contracts that require item identification orvaluation, or both (in accordance with DFARS

211.274-4)Specify to which line items the clause applies

Identify any embedded components that aresubject to UID

Include language requiring use of the WAWFEnsure that each deliverable has a separate

line, subline, or exhibit line item and a defineddelivery schedule

Ensure that inspection and acceptance criteria

address UIDInclude the current version of MIL-STD-130,

DOD Standard Practice, Identification Markingof U.S. Military Property

DON'T

Lump dissimilar units of issue together such as

"lot" and "kit"

Specify a particular UID construct which must

be usedRequire that the contractor use Government-

assigned identifiers for enterprise, part, orserial number

Impose unusual payment or acceptanceprocedures




Uniform Contract FormatConsiderations

Page 17 of 20

Knowledge Review

Which one of the following sections of the

uniform contract format provides the structurefor the entire contract?

Section A, Solicitation/Contract Form

Section B, Supplies or Services and

Prices/Costs

Section C,

Description/Specifications/Statement of

Work

Section D, Packaging and Marking

That is correct. Section B, Supplies or Services

and Prices/Costs, provides the structure for theentire contract.




Uniform Contract FormatConsiderations

Page 18 of 20

Knowledge Review

Which one of the following sections of the

uniform contract format contains paymentinstructions?

Section A, Solicitation/Contract Form

Section B, Supplies or Services and

Prices/Costs

Section G, Contract Administration

Data

Section H, Special Contract

Requirements

That is correct. Section G, Contract

Administration Data contains payment

instructions.





Lesson Summary

During this lesson we examined sections A through Mof the uniform contract format and discussed

important considerations associated with the varioussections.





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