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53-976: (Redirected from RfP ) On Misplaced Pages, "RFP" may refer to Misplaced Pages:Requests for page protection or Misplaced Pages:Requests for permissions . [REDACTED] Look up RFP in Wiktionary, the free dictionary. RFP may refer to: 25 metre rapid fire pistol , an ISSF Olympic shooting event Public Francophone Radios (French: Radios francophones publiques ) Radio fixed part , in digital enhanced cordless telecommunications Raffles Place MRT station , in Singapore (MRT station abbreviation) Raiatea Airport , in French Polynesia Red fluorescent protein Religions for Peace Request for production , in civil procedure Request for proposal Resolute Forest Products ,

106-454: A Draft Best Practices Guide on Contractor Performance . The term "personal services contract" means a contract with express terms or administration which makes the contractor personnel appear effectively to be Government employees. Such contracts are prohibited by the FAR (Subpart 37.104) excepting where specifically authorized by statute. "Nonpersonal services contract" means a contract under which

159-405: A Canadian pulp and paper company Reversed field pinch Richmond, Fredericksburg and Potomac Railroad , a defunct American railroad Rock for People , a Czech music festival Russian Fascist Party Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title RFP . If an internal link led you here, you may wish to change

212-561: A Government employee or to an organisation owned or substantially owned by one or more Government employees. Similar wording was previously included in the Federal Procurement Regulations prior to 1984, with several GAO decisions confirming that an agency does not violate this subpart if neither the Contracting Officer not the selection officer has knowledge of such ownership or business connection. A ratification

265-573: A determination and finding (D&F) (per FAR Subpart 1.7 and DFARS Subpart 237.104) for this DFARS 237.170-2 forbids non-performance-based contracts unless exception done under DFARS 237.170-2 If an agency is hiring experts, read over 5 USC 3109, Employment of Experts and Consultants, Temporary or Intermittent to see if it applies to FAR 37.104(f). Office of Personnel Management (OPM) has established requirements that apply in acquiring personal services for experts or consultants in this manner (for example, benefits, taxes, conflicts of interest), "therefore,

318-452: A fair and reasonable price obtained for non-commercial services or goods obtained using FAR Parts 12 and FAR 13 under these circumstances. FAR Part 14 details the requirements for conducting a "sealed bid" tender, where federal requirements can be stated "clearly, accurately, and completely" and price is the only determinant of contract awardee. Under this part, Unnecessarily restrictive specifications or requirements that might unduly limit

371-538: A final selection decision is based. Federal government requests for final proposal revisions must advise offerors that the final proposal revisions shall be in writing and that the Government intends to make award without obtaining further revisions. The term "request for proposals" is sometimes used in relation to government procurement in the United Kingdom , for example a request for proposals to raise and manage

424-491: A fully negotiated procurement, which requires vendors provide cost and pricing information, to verify a fair and reasonable price. In other words, FAR Part 12 was intended to increase the number of competitors available to the US Government by jettisoning all of the unique requirements, including cost accounting systems, which are forced upon Federal contractors by acquisition processes such as FAR Parts 14, 15, 36 etc.; instead,

477-513: A great extent, therefore deviating in many particulars from the mandatory clause language. See also FAR 12.211, Technical Data; FAR 12.212, Computer Software; FAR 12.213, Other Commercial Practices for additional authority to deviate or "tailor" FAR clauses and provisions in the context of commercial items/services. Part 3 addresses various improper business practices and personal conflicts of interest . Within this section, subpart 3.6 generally prevents government contracts being knowingly awarded to

530-735: A proposal. Part 16 identifies the types of contracts available for use in government contracting and the rules governing the selection or negotiation of contract types. Special rules apply to service contracts. They must be performance-based to the extent practicable, with measurable outcomes. FAR 37.102 and FAR Part 37.6 describe performance-based methods. FAR 37.601 has specific requirements for performance work statements (PWS) for service contracts requiring performance-based standards. Agency supplements also require performance-based acquisitions. (See, e.g., DFARS 237.170 Approval of contracts and task orders for services; DFARS 237.170-2 Approval requirements.) Performance Based Service Acquisition (PBSA)

583-407: A specific contract. These provisions and clauses are of six types: (i) required solicitation provisions; (ii) required-when-applicable solicitation provisions; (iii) optional solicitation provisions; (iv) required contract clauses; (v) required-when-applicable contract clauses; and (vi) optional contract clauses." If the FAR requires that a clause be included in a government contract, but that clause

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636-519: A specific service performed or specific outcomes to be achieved. For purposes of these services –7affan (ii) market prices mean current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors. Note the emphasis in the FAR 2.101 definition for for commercial items on established market prices. The reason why Simplified Acquisition Procedures are permitted for items above

689-544: Is DFARS Subpart 231, Section 205, Subsection 22 (cited as "DFARS 231.205-22"). Part 1 refers to a "vision" and certain "guiding principles" for the Federal Acquisition System . The vision foresees "delivery on a timely basis [of] the best value product or service ... while maintaining the public's trust and fulfilling public policy objectives". Compliance with the Regulation , along with the use of initiative in

742-423: Is a good resource expertise in this particular area. Use of FAR Parts 12 and 13 without rationing of demand through a single commodity control council or finding other solutions is likely to create more problems than it solves. Non-commercial contracting methodology and clauses should be used for any acquisition where Government demand overwhelms civilian supply. It is highly unlikely there will be any cost controls or

795-637: Is a process and way of defining requirements that yields well written work statements that are outcome oriented and measurable thus enforceable. Deming / Six Sigma style quality assessments and process analysis can help define performance work statements. A Performance Work Statement (PWS) has: The DOD PBSA guide has a "performance requirements summary" matrix which can serve as an outline for work statement provisions. Army Federal Acquisition Regulation (FAR) Supplement (AFARS) has an outline for performance-based service contracts. Additional Resources for PBSA: The Office of Federal Procurement Policy (OFPP) has

848-601: Is clearly not appropriate in view of the basic reasons commercial item acquisition authority was created by Congress. FAR 2.101, which is concerned with definitions, provides that a commercial item means – (6) services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions. This does not include services that are sold based on hourly rates without an established catalog or market price for

901-577: Is closely governed by the FAR. Nearly every major cabinet-level department (and many agencies below them) has issued such regulations, which often place further restrictions or requirements on contractors and contracting officers. One of the best-known examples of an agency supplement is the Defense Federal Acquisition Regulation Supplement (DFARS), used by the Department of Defense , which constitutes Chapter 2. Chapter 3

954-511: Is contract pricing, which is addressed throughout the FAR, but especially in Subpart 15.4, Parts 30 and 31, and Subparts 42.7, 42.8, and 42.17. A large part of the FAR, Subchapter D, describes various socio-economic programs, such as the various small business programs, purchases from foreign sources, and laws written to protect laborers and professionals working under government contracts. The final three chapters of Title 48 (61, 63 and 99) establish

1007-469: Is freely available to consumers in that market on the relative merits of each vendor's products and pricing which permits easy comparison of each vendor's products to each other. FAR Part 12 commercial items acquisition authority was intended to take advantage of the WalMart's (R) and Microsoft's (R) of the world where there is no need to go through the extensive, formalistic and resource/ time-consuming process of

1060-518: Is not prohibited by law, the ratification is in accordance with agency procedures, etc.; (4) The contracting officer determines that the price paid was fair and reasonable and recommends payment, and legal counsel concurs. There are dollar limits to the authority to ratify unauthorized commitments. A Chief of Contracting Office can approve up to $ 10,000. A Principal Assistant Responsible for Contracting can approve up to $ 100,000. A Head of Contracting Authority can approve higher amounts. Ratifications in

1113-461: Is omitted, case law may provide that the missing clause is deemed to be included. This is known as the Christian Doctrine , which is based on the underlying principle that certain government regulations have the force and effect of law, and government personnel may not deviate from the law without proper authorization. Prospective contractors are presumed to know the law, including the limits of

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1166-458: Is required before a US certificated aircraft or pilot can fly in Iraq under Special Federal Aviation Regulation (SFAR) 77; if there are very few, or only one, vendor who can participate in this requirement, there are no vendors out there for meaningful competition which is the bedrock assumption of FAR Parts 12 and 13. In view of the above, the airborne recon contract is NOT a commercial service – therefore

1219-445: Is the Department of Health and Human Services Acquisition Regulation (HHSAR); Chapter 4 is the Department of Agriculture's Acquisition Regulation (AGAR); etc. The Department of Veterans Affairs' Acquisition Regulation (VAAR) implements and supplements the FAR. The required format for agency FAR supplements is to follow the basic FAR format. To continue the example above, the supplemental DFARS section on legislative lobbying costs

1272-411: Is the proper authorization by a contracting officer of an earlier procurement by a Government employee who was not authorized to do it. A ratification package has a legal memo that says an unauthorized commitment was made, that the commitment could properly have been done by contracting officers, and that funds were and are available for it. Other regulations and agency rules apply too, such as those from

1325-426: Is to identify markets unaffected by the Government demand and seek to acquire goods and services through that other market. When the situation of overwhelming government demand occurs in a faltering or damaged economy, Government demand that is in excess of what the local vendors can supply to both Government and non-Government consumers should be met by vendors who operate out of the market in question, including through

1378-604: The Civilian Board of Contract Appeals , the Department of Transportation Board of Contract Appeals, and the Cost Accounting Standards Board, respectively. The Armed Services Board of Contract Appeals has been established by charter within the Department of Defense. The proper way to cite a regulation within the FAR is by part, subpart, section, subsection, without respect to chapter or subchapter. For instance,

1431-521: The Code of Federal Regulations , 48 CFR 1 . It covers many of the contracts issued by the US military and NASA , as well as US civilian federal agencies. The largest single part of the FAR is Part 52, which contains standard solicitation provisions and contract clauses. Solicitation provisions are certification requirements, notices, and instructions directed at firms that might be interested in competing for

1484-581: The UK Government 's proposed Broadband Investment Fund was issued in June 2016. The collective term RFX is often used to embrace a request for proposal (RFP), or any of the terms listed below. Federal Acquisition Regulation The Federal Acquisition Regulation ( FAR ) is the principal set of rules regarding Government procurement in the United States , and is codified at Chapter 1 of Title 48 of

1537-399: The $ 250,000 simplified acquisition threshold for commercial items is there is an efficient market pricing mechanism which pressures market participants to provide goods and services at a fair and reasonable price which represents very efficient / non-wasteful pricing mechanisms. Generally, the more efficient and well-developed markets have a large number of participating vendors and information

1590-455: The Army discussed below. Ratifications are governed by FAR 1.602-3 (Ratification of Unauthorized Commitments), originally added to the FAR in 1988, which defines a ratification as the act of approving an unauthorized commitment by an official who has the authority to do so. Unauthorized commitment means an agreement that is not binding solely because the Government representative who made it lacked

1643-631: The Code of Federal Regulations (CFR). Chapter 1 is divided into Subchapters A-H, which encompass Parts 1-53. Chapter 1 appears in two volumes, with Subchapters A-G appearing in Volume 1 while Subchapter H occupies all of Volume 2. The volumes are not formal subdivisions of Title 48, but refer instead to the fact that the FAR is printed by the Government Printing Office in two volumes for convenience. The single most heavily regulated aspect of acquisition

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1696-423: The FAR rule on legislative lobbying costs is found at FAR Part 31, Section 205, Subsection 22 (cited as "FAR 31.205-22"). The table of contents, as of the edition published October 1, 2012, is available. As the original purpose of the FAR was to consolidate the numerous individual agency regulations into one comprehensive set of standards which would apply government-wide, the issuance of supplemental regulations

1749-434: The FAR. FAR Subpart 1.4, Deviations from the FAR, provides the steps needed to document deviations from the mandatory FAR or agency FAR supplement. Deviation documentation is needed if there is a precise FAR clause or provision for the issue. The Department of Defense has published many class deviations to enable faster contract actions in war environments. FAR 12.401 allows contracts for commercial items to be tailored to

1802-526: The Federal Government could act more like a normal buyer in a fully functioning commercial market where the Government was but one of a large number of consumers seeking the same or highly similar products or services. However, FAR Part 12 was never intended to apply where the US Government was the only or one of a very few buyers for an item or service not in demand by the commercial market place. What happens when there are very few market participants and

1855-595: The GSA Schedule system if the damaged market is outside of the United States. Resources and expertise are in the Federal Government that are designed to assist in cases where Federal demand overwhelms civilian supply, one example being the Industrial College of the Armed Forces (ICAF). The ICAF's charter is to maintain the ability to nationalize an economy to achieve strategic objectives or a wartime mobilization, this

1908-417: The Government's remedies in these cases. Specific clauses should be in the contract to deal with Government Furnished Equipment (GFE) situations and bring your own device (BYOD) situations. The authority under FAR Part 12, Commercial Items (and services), must be used thoughtfully and carefully. It is very tempting for a contracting officer to use FAR Part 12 and hence FAR Part 13 in situations where such use

1961-480: The U.S. Army call for a signed statement describing the unauthorized commitment, the value of the procurement, and other documentation. Then a contracting officer is to study the case and recommend action. If the procurement is not ratified, the matter may be handled under FAR Part 50 and DFARS Part 250 ( Public Law 85-804 ) as a GAO claim or some other way. FAR Part 45 provides rules on the Contractor's obligations and

2014-418: The authority of government personnel. Thus, a mandatory clause that expresses a significant or deeply ingrained strand of public procurement policy will be incorporated into a Government contract by operation of law, even if the parties intentionally omitted it. A contract award can be challenged and set aside if a protester can prove that either the contracting agency or the contract awardee did not comply with

2067-411: The authority to enter into that agreement on behalf of the Government. A ratifying official may ratify only when: (1) The Government has received the goods or services; (2) The ratifying official has authority to obligate the United States, and had that authority at the time of the unauthorized commitment; (3) The resulting contract would otherwise be proper, i.e., adequate funds are available, the contract

2120-489: The civilian sources of supply. As the US Federal Reserve will attest to, inflation is one of the most damaging elements in an economic system to investment, capital markets and economic activity. In this case, the effect of driving massive cost inflation directly impacts civilians and non-Government consumers who are also competing for the same goods and services against the US Government acquisition commands; ultimately

2173-440: The contracting officer shall effect necessary coordination with the cognizant civilian personnel office". Note that personal service contracts are potentially subject to salary caps. "Inherently Governmental Functions" may not be performed by contractors other than a specific Personal Services Contract under the authority of P.L. 86-36 or 5 USC 3109. Inherently Governmental Functions are defined by P.L. 105-270 (FAIR Act of 1998) as

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2226-503: The deep pockets of the Government win out against the lesser buying power of the non-governmental market participants. In such cases, as the US Government did during World War II, commodity control councils must be established to identify all available sources of supply and ration supply to the various consumers, including US Government consumers, sometimes with price controls (although this is very dangerous because it frequently leads to black markets run by criminals). One solution in this case

2279-447: The goods or services are not widely available to the public? Let's take surveillance systems in a military overseas contingency environment as an example. Battlefield full motion video is not something that is found in the commercial sector – Wal-Marts don't sell this; moreover, frequently there are special restrictions which impact on commercial firms ability to engage in work of this nature. For example, special FAA Administrator permission

2332-585: The interests of the Government in areas not specifically addressed in the FAR or prohibited by law, are required and expected of all members of the Acquisition Team . The Acquisition Team consists of all those who participate in Government acquisition: The role and operation of those involved as a 'team' in government procurement is defined in FAR 1.102-3 and RAR 1.102-4. The FAR system is intended to promote "teamwork, unity of purpose and open communication". FAR Part 2 defines words and terms used frequently in

2385-476: The link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=RFP_(disambiguation)&oldid=1255253377 " Category : Disambiguation pages Hidden categories: Articles containing French-language text Short description is different from Wikidata All article disambiguation pages All disambiguation pages RFP Unlike invitations to tender , which award contracts based upon

2438-399: The non-standard variant – the Government is the only buyer of this particular variant of the commercially available item. What about situations where Government demand overwhelms the commercial markets supply? In this case, the Government is actually competing against itself because it has swallowed the market whole and usually has multiple requiring activities competing against each other for

2491-449: The number of bidders are prohibited. Subpart 15.6 covers unsolicited proposals, i.e. business proposals offering new and innovative ideas outside the context of innovative proposals invited and offered within a government-initiated procurement procedure. The regulations suggest the executive agencies make provision for acceptance of unsolicited proposals and for prior contact with individuals or organisations contemplating submission of such

2544-820: The personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. Advisory and assistance services (A&AS) are permissible (See FAR Subpart 37.2) Personal services are not permissible (See FAR 37.104 and Classification Act) without specific authority to obtain such services (meaning statutory authority) Permissible to acquire expert and consultant services (5 USC 3109 or 10 USC 129b – expert services) or 10 USC 1091 – health services), as well as health services, intelligence, counter intelligence or special operations command operations requirements under DFARS 237.104, Personal Services Contracts and 10 USC 129b – Contracting must do

2597-450: The price and quality of the tender, RFPs allow suppliers more flexibility in proposing an original service or product in alignment with a company's needs. Similar requests include a request for quotation (RFQ) and a request for information (RFI), where a customer needs more information from vendors before submitting an RFP. An RFI is typically followed by an RFP or RFQ. When an RFP is made after negotiations with prospective contractors,

2650-492: The requirements of the solicitation. A successful protest can result in reconsideration of the decision to award the contract or award of the contract to the protester in lieu of the original awardee. Even though a successful protester may not ultimately be awarded the contract, the government agency may have to pay the protester's bid and proposal costs. The Federal Acquisition Regulation is contained within Chapter 1 of Title 48 of

2703-456: The same goods and services. This is exemplified in cases where numerous contracting offices demand the same goods and services, unknowingly driving prices up against each other. Frequently in these case, contracting commands accept take-it or leave-it prices from relatively few vendors (compared to demand) who know that these contracting offices are not coordinating amongst each other or establishing commodity control councils to ration demand against

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2756-950: The submitted tender is known as a BAFO (best and final offer). A request for proposal requires the bidder to produce an original business proposal based on the buyer's needs. Depending on the RFP document's specification, a bidder may be required to decide upon project expectations, timetable, product design, and vendors. Other requested information may include basic corporate information and history, technical capability, product information. In United States government procurement , Federal Acquisition Regulation 15.203 covers requests for proposals, stating Requests for proposals (RFPs) are used in negotiated acquisitions to communicate Government requirements to prospective contractors and to solicit proposals. The FAR allows for evaluation of proposals, further discussions with bidders and invitation for submission of written final proposal revisions (FPRs), upon which

2809-400: The use of FAR Part 12 commercial items contracting processes is wholly inappropriate and not permissible under the applicable laws governing Federal acquisition. Taking another example, what happens when significant research and development is needed to adopt a commercial item for Government use? Should FAR Parts 12 and 13 be used here? Absolutely not. There are no market pricing mechanisms for

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