Contract Policy - Most Commons Areas with Deficient Findings and Best Practices to Prevent Deficiencies

Most Commons Areas with Deficient Findings and Best Practices to Prevent Deficiencies

File Documentation: Ensure files are complete, information fully supports decisions/strategies, and that files clearly represent a complete history of the transaction and are uploaded into the electronic contract filing system (FAR subpart 4.8; DFARS subpart 204.8).

Independent Government Cost Estimate: Ensure IGCE estimator provides an independent IGCE prior to proposal along with a narrative validating the source or basis of how the estimator came to that cost or price, where the information was derived from, the date the IGCE was completed, the estimator’s name, and their signature (DOD IGCE Handbook for Services Acquisition; FAR 4.803(a)(7)).

Market Research: Ensure that market research is adequately documented to include determining if commercial items or non-developmental items are available to meet the Government's need, and include in the contract file (FAR 10.001, FAR 10.002, DFARS 210.001, DFARS 210.002, DFARS PGI 210.070).

Contract Action Report: Ensure CAR submitted to Federal Procurement Data System (FPDS) is included in the contract file and that all fields are accurate and complete, and the CAR approval date is referenced in the contract file checklist (FAR 4.604; DFARS 204.604(2), DFARS PGI 204.606).

Clauses: Include required FAR and DFARS clauses in solicitations and awards tailored to the specific requirement and contract type (FAR Subpart 52.1).

System for Award Management: Ensure files are documented to demonstrate SAM is consistently checked prior to negotiations, contract award, and modifications (FAR 4.1103, 9.104-6, 9.405, 17.207(c)(5)).

Price Reasonableness: Ensure adequate price reasonableness determinations are being performed, signed, and included in file (FAR subpart 8.4; FAR 4.803(a)(19), 13.106-3, 14.408-2, 15.406-3).

Modification Authority: Validate the proper clause is cited as the authority for modification and that the selected clause is in the basic contract (FAR 4.803, Part 43, 52.212-4).