EP 1165-2-1
30 Jul 99
advertised in the Commerce Business Daily and then generally
competitively negotiated. In competitive negotiation, a list of
criteria against which the proposers will be judged is announced in
the solicitation. These are such items as price, management ability,
previous experience in similar work, etc. The criteria may vary with
the nature of the work and internal numerical weights are assigned by
the evaluation board (of the Corps soliciting office). The weights to
be applied are not revealed to the prospective contractors but the
criteria are listed in the solicitation in order of priority. A
proposed award to other than the low (price) proposal must be
justified in writing, as must a sole-source procurement.
(a) Should it be considered that the requirement can only be
filled by a professional engineer, the specialized method of
procurement from an Architect-Engineer firm is used. This, too, is
advertised and the responding firms are ranked in order of preference
by a selection board of engineers. Negotiations are then carried out
with the first ranked firm. If the firm is able to agree to a fair
and reasonable price, award is made. If not, the negotiator moves on
to the second ranked firm, and so on.
(b) The Contracting Officer's Authorized Representative has the
responsibility to monitor and assure the effective performance of the
contractor. As a control, he or she may initiate action to withhold
partial and final payment if the contractor does not perform in
accordance with the contract. He or she also prepares the
contractor's performance rating if it is an Achitect-Engineer
contract. (EFARS Section 36, Part 6)
d. Miscellaneous Controls. The objective of the Paperwork
Reduction Act of 1980, the Paperwork Reduction Reauthorization Act of
1986, and prior legislation, is to reduce the paperwork load on
individuals and private industry by Federal agencies. Whenever
information is to be collected from ten or more non-government
employees by the use of identical forms, the Federal agency concerned
must first obtain the approval of the Office of Management and Budget.
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