Solicitations
Bidders List - Solicitation Mailing List Application
An on-line solicitation mailing list application (SF-129) is being employed by several of the Broadcasting Board of Governors (BBG) Contracting offices. To subscribe and/or register your company to receive business opportunity notices via email, go to http://bbg/con.gov. Click on the
"Register" button and select the types of business opportunities you're interested in (i.e.,either large dollar value, small or both). You may register for either the BBG-SA system or for the BBG Interactive Procurement System (BBGIPS). BBG-SA is utilized for Simplified Acquisitions, while BBGIPS is employed for acquisitions greater than the Simplified Acquisitions threshold and financial assistance. Not all offices are currently utilizing both of these systems for conducting their acquisitions. Some offices are still in transition. Therefore, to receive announcements from these offices, fill out a Standard Form (SF)129. Follow this link, www.bbg.gov.html, to view the process of on-line registration and submission of SF129's.
In either case, spell out in Item 10 the equipment, supplies, and/or services on which you want to bid. Provide the appropriate Federal Supply Class or North American Industry Classification System (NAICS) codes, if possible. The application should be signed by a principal in your organization, rather than an agent.
When you're on a mailing list, you must respond to each solicitation with a bid/offer, or a written notice that you do not intend to bid. If you do not respond, the contracting office may remove your name from its mailing list.
Below are definitions of terms used in the SF-129.
Affiliates - businesses in which either one concern controls or has the power to control the other, or a third party controls or has the power to control both. To determine whether concerns are affiliates, the Government will consider common ownership, common management, contractual relationships, and other appropriate factors. (Items 8 and 11A of SF-129.)
Number of employees - the average employment of any concern, including employees of domestic and foreign affiliates, based on the number of persons employed on a full-time, part-time, temporary, or other basis during the preceding 12 months, or as long as the concern has been in existence. (Item 11B.)
Manufacturer or producer - a person (or concern) owning, operating, or maintaining a store, warehouse, or other establishment that produces, on the premises, the items listed in Item 10 of SF-129 or in supplementary lists. (Item 13.)
Service establishment - a concern (or person) owning, operating, or maintaining a business that supplies nonpersonal services such as repairs, cleaning, redecorating, or rental of personal property. (Item 13.)
Regular dealer, type 1 - a person (or concern) who owns, operates, or maintains a store, warehouse, or other establishment that buys, stocks, and sells the products listed in Item 10 of SF-129 or in supplementary lists. (Item 13.)
Regular dealer, type 2 - dealers in specific products; currently, petroleum, lumber and timber products, machine tools, raw cotton, cotton linters, green coffee, hay, grain, feed, straw, agricultural liming materials, tea, and used ADPE (automated data processing equipment). For more information on regular dealers, see the Code of Federal Regulations, Title 41, 50-201.101(a) (2) or 50-201.604(a) for coal dealers.
Small business, women-owned small business, and disadvantaged business - (Items 11A and 12.)
What's the best way to get on a bidders list?
Use the automated registration procedure, or send a Standard Form 129, Solicitation Mailing List Application, to the contracting office that buys what you sell. If several contracting offices are potential buyers, submit a Solicitation Mailing List Application to each of them.
Does getting on a bidders list guarantee a BBG contract?
No. The Solicitation Mailing List Application only informs a contracting office that you are a potential supplier. It's a good idea to set up an appointment with the contracting officer so you can further describe
your firm's capabilities.
Where should I look for information about BBG procurements?
Look at the individual Home Pages of BBG's Contracting offices and some of the major contractors. These are at www.bbg.gov.html. Also, look at the Commerce Business Daily.
How can a special report from the Broadcasting Board of Governors' Procurement and Assistance Data System help me develop a marketing strategy?
The Office of Contracts at BBG can prepare a special report, based on your requirements, to help you identify Government procurement trends, identify companies that provide products and services, or locate BBG markets for classes of products or services. To request a special report, please call either John Doe at 202-111-2233, or Jean Smith at 202-222-4455 for assistance. The Procurement and Assistance Data System is NOW ON-LINE on the WEB. Go to http://www.bbg.gov.html
Understanding BBG Contracting
BBG contracts for goods and services through three procurement methods: simplified acquisition, sealed bidding, and negotiation. In determining the procurement method to be used, a contracting officer takes into consideration Federal and BBG rules and other requirements. This page provides basic information on the Federal and BBG rules that govern all BBG contracting decisions, on general contracting requirements,
and on specifications.
Procurement Regulations
General Contracting Requirements
Procurement Regulations
BBG purchasing procedures are in large part determined by four sets of regulations: the Federal Acquisition Regulation (FAR), the Federal Information Resources Management Regulation (FIRMR), the
Federal Property Management Regulation (FPMR), and the BBG Procurement Regulations (BBGPR).
Federal Acquisition Regulation
The Federal Acquisition Regulation (FAR) is the primary regulation followed by BBG and all Federal executive agencies when they purchase supplies and services with appropriated funds. This regulation
contains uniform policies and procedures governing acquisitions (including construction) through purchase
or lease.
The FAR is published as Chapter 1 of Title 48 of the Code of Federal Regulations (CFR) and can be consulted in most central libraries. The FAR also is published in a loose-leaf edition, in a bound-volume edition, and on CD-ROM (Compact Disc-Read Only Memory). It is also on the Internet at the following: http://www.gsa.gov/far/
Loose-leaf versions with periodic updates and bound volumes of the FAR can be purchased from the Superintendent of Documents, U.S. Government Printing Office (GPO), Washington, DC 20402. The FAR also can be obtained through GPO bookstores in various locations around the country. Check the listings for the GPO under the "U.S. Government" section of your local phone directory.
GSA also issues a CD-ROM that includes complete text of the FAR and FIRMR with quarterly updates, an index, and an explanation of retrieval functions. For information on price and availability of the CD-ROM (stock number 722-009-00000-2), write to the GPO Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. You may charge orders to MasterCard or VISA by telephoning 202-783-3238.
BBG Procurement Regulation
BBG has supplemented the FAR with its own policies and procedures for BBG procurements. This supplement is known as the BBG Procurement n Regulation (BBGPR). It is on the Internet at the following: http://www.con.bbg.gov.html
A bound volume of the DEAR can be purchased from the U.S. Government Printing Office. Amendments
to both the DEAR and the FAR are published in the Federal Register.
Federal Property Management Regulation
The Federal Property Management Regulation (FPMR) prescribes policies and procedures for procurement and management of Government real and personal property (including public buildings and space, supplies and equipment, and defense materials), travel by Federal employees, and transportation. The FPMR also covers use of public utilities and use and disposal of Government property. Amendments to the FPMR are published in the Federal Register; the complete text is published in the Code of Federal
Regulations (CFR) in Title 41, Chapter 101, which can be purchased from the Government Printing Office.
Federal Information Resources Management Regulation
The Federal Information Resources Management Regulation (FIRMR) provides a single, integrated system for management, acquisition, and use of automated data processing, telecommunications resources, and records management. Amendments to the FIRMR are published in the Federal Register; the complete text is published in the Code of Federal Regulations in Title 41, Chapter 201.
FIRMR Part 201-39 contains Government-wide policies and procedures unique to the acquisition of Federal Information Processing (FIP) resources through contracting.
General Contracting Requirements
No matter what BBG is buying or which regulations govern the purchases, certain aspects of purchases are similar. That's because all of our regulations have a common basis in law. Some of the more important similarities are discussed in this section.
Publicizing Procurements
Generally, all procurements must be publicized. BBG procurements over $25,000 are announced in Commerce Business Daily. It is left up to the Operations Offices as to how they publicize procurements less then $25,000. Contact either the small business point of contact or the Director of Contracts that you are interested in for more information.
Competition
All regulations require that vendors compete for Government contracts so that agencies like BBG will receive the best products and services at the best possible prices. Contracting offices meet this requirement by soliciting bids or offers from more than one supplier for most of the products and services
purchased.
Sometimes competition is based only on lowest price; sometimes it is based primarily on technical capabilities or concepts. Whatever criteria are being used will be specifically spelled out in the solicitation. It is important that you understand these criteria so that you can compete successfully.
Among the few exceptions to the competition requirement is the exception for micro-purchases; namely, purchases of $2,500 or less. However, the contracting officer will not award a contract if he or she thinks the vendor's price is unreasonable.
Competition also is not required for procurements that fall under one of the seven statutory exceptions spelled out in FAR 6.302. These exceptions cover situations such as emergencies, international agreements, national security, and certain products and services for which sources of supply are limited.
Contractor Qualifications
BBG will only purchase from responsible contractors. To be considered "responsible," a contractor must have adequate financial resources to perform the contract, be able to comply with the delivery or performance schedule, have a satisfactory record of performance and integrity, and have the necessary skills and facilities to perform the needed work.
For smaller purchases, the contracting officer may determine responsibility from information on hand or readily available. For larger contracts, BBG may perform a detailed preaward survey.
In either case, if the prospective contractor is a small business, any determination of nonresponsibility must be referred to the Small Business Administration (SBA) for further investigation. If it finds that a firm is
competent to perform the contract, SBA will issue a Certificate of Competency (COC), which is binding on the contracting officer for that particular procurement. For more information on COCs, contact the
Small Business Administration office in your area.
Types of Contracts
There are many different types of contracts that the Government can use for its procurements. These contracts vary by (1) the amount of responsibility placed on the contractor and (2) the amount and nature of profit incentive offered to the contractor for achieving or exceeding specified standards or goals.
The contract types are grouped into two broad categories: fixed-price contracts and cost-reimbursement contracts.
The specific contract types range from firm-fixed price, in which the contractor has full responsibility for the performance costs and resulting profit to cost-plus-fixed-fee, in which the contractor has minimal
responsibility for the performance costs and the negotiated fee (profit) is fixed. In between these extremes are various incentive contracts, tailored to the uncertainties involved in contract performance. Contract types are discussed in detail in the Federal Acquisition Regulation, Part 16.
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Contract Performance and Completion
For satisfactory contract performance, you must understand the requirements of your contract and follow all the procedures and instructions carefully. A contractor's records of performance become an important part of the contract file. Rejections, late deliveries, and other failures of performance will be noted by other contracting officers as they review performance records to determine the responsibility and eligibility of firms for future contracts. If your performance is satisfactory and you deliver quality products and services, you will have more opportunities for future BBG contracts.
Operating Requirements
Performing To Specifications
Performance Review
Inspection And Testing
Getting Paid
Contract Appeals
Answers To Most Frequently Asked Questions
Operating Requirements
A contract not only obligates a vendor to provide a product or service; it also requires that the firm operate its business in compliance with certain laws and regulations. All requirements that apply to your contract will be spelled out in the contract document.
Following are some examples of the requirements you might expect to see.
Equal Employment Opportunity
Public laws and executive orders forbid discrimination by Government contractors against any employee or applicant because of race, color, religion, sex, national origin, or physical or mental handicap. Laws also
forbid discrimination against disabled and Vietnam-era veterans. If a firm does not already have equal employment opportunity (EEO) practices, it must take affirmative action to provide equality of opportunity in hiring and employment. These requirements apply to all types and sizes of procurements, so you should be prepared to comply.
The Office of Federal Contract Compliance Programs in the U.S. Department of Labor oversees contractors' compliance with equal employment opportunity laws and executive orders. Labor Department
regulations appear in Title 41 of the Code of Federal Regulations (CFR), Chapter 60. You can also find a good deal of information on this subject in the Federal Acquisition Regulation (FAR), Part 22.
Labor Laws
Various laws and regulations govern wage rates and labor practices for Government contracts. The dollar amount of the contract and the supply or service being purchased determine which requirements apply. Those requirements will be spelled out in your contract. For more information, see the FAR, Part 22.
Environment, Conservation, Occupational Safety, and Drug-Free Workplace
Several laws, executive orders, and regulations exist to ensure a drug-free workplace and to protect and improve the quality of the environment through pollution control, energy conservation, identification of hazardous material, and use of recovered materials. These requirements are discussed in the FAR, Part 23.
Any requirements that apply to your contract will be spelled out in the contract document.
Performing To Specifications
The specifications, or "scope of work," precisely describe the properties of materials, dimensions, quality and reliability levels, and other characteristics required. Your products or services must conform to these specifications or they will not be accepted by the Government. Make sure you understand and follow the specification. If you have any questions, contact the contracting officer.
Performance Review
Contracting officers continually review the performance of vendors by monitoring contract performance and inspecting the supplies or services furnished. The contracting officer will call any deficiencies in performance to the attention of the contractor and will work with the contractor to resolve the deficiencies.
If corrections are not possible, the Government may assess deductions in accordance with the deduction clause of the contract, may terminate the contract for unacceptable performance, and may obtain the supplies or services from another supplier. A vendor whose contract is terminated for default may be required to pay any additional costs incurred by the Government as a result of the default termination.
Contractors who default may also be prohibited from doing business with the Federal Government and included in BBG's Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs. This monthly publication lists business firms and individuals excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and non-financial assistance. It is sold through the GPO Superintendent of Documents. Review copies are available in public libraries.
Given the possibility of being taken off a contract or debarred, you should be certain that you can satisfy the requirements of a contract before submitting a bid or offer.
Inspection And Testing
Contractors are required to provide and maintain quality control systems for supplies, equipment, and commodities. Some products are subject to inspection before BBG makes payment.
Sometimes manufacturers are required to have their products pre-tested. After pretesting requirements have been met, the product may be placed on a Qualified Products List. Adequate sample testing is performed under each contract by the agency buying the product in order to verify continued conformance with specification requirements. The cost of testing is ordinarily paid by the manufacturer.
Getting Paid
Every contract or purchase order has instructions for preparing and submitting invoices. If the instructions are not complete or clear, call the contracting officer immediately. It's a good idea to confirm invoicing procedures the first time you submit an invoice under a contract. Careful attention to these procedures will help ensure that you get paid on time.
All Federal agencies are required by the Prompt Payment Act to pay properly submitted invoices within 30 days. The law also requires late payments to be accompanied by interest.
Contract Appeals
The Government tries to resolve all contractual disagreements by mutual agreement. However, sometimes a satisfactory resolution can't be reached, and the contracting officer must impose a final decision. In those cases, the contractor may appeal the contracting officer's final decision.
The GSA Board of Contract Appeals hears and resolves claims by and against the U.S. General Services Administration; the Departments of Commerce, Treasury, and Education; and other Government agencies, commissions, and boards. The Board also hears and decides on bid protests arising out of Government-wide automated data processing (ADP) procurements and protests on suspension and debarment actions.
The General Accounting Office (GAO) also is empowered to hear ADP bid protests. However, the same case may not be submitted to both GAO and the GSA Board of Contract Appeals.
Although administratively located within GSA, the GSA Board of Contract Appeals is an independent tribunal. The Board's judges have extensive experience in Government contract law, and they have authority, under the Contract Disputes Act of 1978, to grant the same relief as would be available in the United States Claims Court.
Contractors may have their appeals processed under the Board's accelerated procedure if the claim is $50,000 or less or under the small claims procedure if the claim is $10,000 or less. These faster options
provide for resolution of the appeal within 180 and 120 days, respectively, whenever possible.
Contractors may also request that a hearing be held at a location convenient to them. With the exception of small claims decisions, contractors may appeal adverse Board decisions to the United States Court of Appeals for the appropriate Federal Circuit.
For further information, write to the Board of Contract Appeals (G), U.S. General Services Administration, Washington, DC 20405.
Tips For Making The Fulfillment Process Work Smoothly For You
Read and understand all parts of the contract. The contract sets forth your obligations and rights and protects you and the agency. Each sentence is significant because it covers a specific requirement.
Comply with specifications. The specifications or scope of work precisely describe the properties of materials, the dimensions, quality, and reliability levels, as well as other characteristics required.
Consult the contracting officer. Any questions about the contract terms and delivery should be raised with the contracting officer.
Get it in writing. If the contracting officer orders changes, make sure they are well documented.
Know the payment procedure. Check the contract's instructions for submitting invoices. If they are
unclear or incomplete, call the contracting office immediately. Follow billing instructions carefully.
Bill the Government accurately. Government regulations that protect you as a taxpayer require you, as a contractor, to submit a bill that is accurate in all respects. Put the accounting control transaction (ACT) number and the order or contract number on the invoice. Errors in billing can delay your contract
payments.
Make sure your accounting system meets Government requirements. This is especially important when the contract permits price revisions based on costs.
Maintain careful records. Keep all pertinent documents and case histories, whether required by the contract or not.
Deliver on schedule. Observe all time requirements.
Answers To Most Frequently Asked Questions
If I sell to BBG, will my products be inspected and tested?
Yes. Inspection and testing are necessary to determine whether all technical requirements have been met.
If BBG is late in paying an invoice, will I be paid interest?
Yes. The Prompt Payment Act (Public Law 97-177) requires Federal departments to pay interest. Interest is paid at the rate established semiannually by the Department of the Treasury. Interest is usually due 30
days after receipt of the properly prepared invoice.
Whom should I contact if BBG doesn't live up to its obligations under the Prompt Payment Act?
The contracting officer.
What can I do to increase my chances of being paid on time?
Read the contract instructions on submitting invoices and double check your invoice and other required documents to see that they are filled in correctly and addressed to the right office. They should also contain the accounting control transaction (ACT) number and the order number or contract number. The ACT number is particularly important because the finance office uses it to track payments.
If my company is awarded a schedule contract, whom do I deliver to?
A schedule contract does not directly call for delivery of supplies or services. It is a way for agencies, including BBG, to easily order the items on the schedule. If your company has been awarded a schedule contract, you must continue to market your products and services to Government offices and encourage them to place orders with your company.
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