Electronic Transmittal (ET) No. 00-01, Supplement 1
Reclamation Acquisition Regulation
Expires: until rescinded
D-7800
ACM-1.10
To:
Regional Director, PN, MP, LC, UC, GP
Attention: PN-3700, PN-3702, MP-820, LC-3100, LC-3103,
UC-440, GP-3800
Director, Administrative Service Center
Attention: D-2940
Director, Management Services
Attention: D-7800, D-7810
From:
Linda Waring-Wilson, Manager
Acquisition and Assistance Management Services
Subject:
Reclamation Acquisition Regulation (RAR) Revision Project
Electronic Transmittal (ET) No. 00-01, Supplement 1
1. Purpose: To transmit revisions to the RAR.
2. Effective date: March 8, 2000.
3. Expiration date: In effect until revised.
4. Background: This memorandum (and its supplements) is used to issue final acquisition regulation revisions during fiscal year 2000. The attached RAR changes are described in paragraph 5 below.
Draft revisions were issued electronically for comment on December 28, 1999. One editorial comment was received on the clause at WBR 1452.243-80, Modification Proposals – Bureau of Reclamation. The suggestion was adopted. We would, as always, like to thank all offices for their in-depth review of the draft changes.
5. Explanation of changes:
a. WBR 1401.7001-3(b)(2)(iii)(G), which required an additional AAMS approval when negotiation objectives are exceeded by more than 15%, is deleted. This concept is also extended to various independent review requirements as discussed below, resulting in deletion from the RAR of all additional approvals under these circumstances.
b. WBR 1401.7001-3(b)(3)(iii)(N) is revised to clarify documentation requirements for AAMS approval of sealed bid awards.
c. WBR 1401.7001-4(f)(1) is revised to add the combined CBD synopsis/solicitation for commercial items to the list of after-action reviews.
d. WBR 1401.7001-4(f)(1)(ix) is revised to clarify that the final negotiation memorandum after-action review requirement would not apply if an office anticipates submitting one under the new coverage at WBR 1401.7080 at some point during the fiscal year.
e. WBR 1401.7080 is revised to add two new informational copy requirements (for submission to AAMS): a copy of local directives and guidelines as they are issued; and final negotiation memoranda if prenegotiation objectives were previously approved by AAMS.
f. WBR 1411.105 is added to incorporate into the RAR the class deviation to the requirement to use the prescribed FAR solicitation provision for brand name or equal purchase descriptions in construction procurements where information for an equal product can be submitted after award. (See ET No. 00-03.) The Table of Contents for Part WBR 1411 is revised accordingly.
g. WBR 1415.406-1(a) and 406-3(a) are revised to provide a choice to establish either target or minimum-maximum negotiation objectives.
h. WBR 1415.406-1(d)(1) and (2) are revised to delete the requirement to seek new approvals when negotiation objectives are exceeded by more than 15% .
i. WBR 1436.508-80(h) is added to provide a prescription for the new clause, Preservation of Cultural Resources.
j. WBR 1443.204(b)(3) is revised to reflect the Changes rather than the Disputes clause as authority for making a unilateral adjustment if the definitization proposal is not received by the due date. (See paragraph n below.)
k. WBR 1449.111, which also contained an approval requirement to exceed the prenegotiation objective by more than 15%, is deleted.
l. WBR 1452.211-6 is added as explained in paragraph f above. The Table of Contents for Part WBR 1452 is revised accordingly.
m. WBR 1452.236-84 is added as explained in paragraph g above. The Table of Contents for Part WBR 1452 is revised accordingly.
n. WBR 1452.243-80, Modification Proposals -- Bureau of Reclamation is revised to change the authority for making the unilateral adjustment from the Disputes clause to the Changes clause. The Office of the Solicitor has advised that, while the preferred method of definitization is supplemental agreement preceded by the contractor's proposal, the contracting officer may, in the interest of timely definitization, adjust the contract price unilaterally in cases where the assertion of adjustment and proposal are not submitted as required. However, the Disputes clause would not be the proper authority for such an action since there is no claim at this point in the process. Rather, the Disputes clause would only come into play if the contractor chooses to dispute the amount of the unilateral adjustment.
o. WBR 1452.301, Solicitation provisions and contract clauses (Matrix), is added to assist in preparation of solicitations and contracts. Incorporation by reference designations are based on the assumption that most acquisition personnel would physically include the entire clause or provision where fill-ins are required.
p. WBR 1453.212 is added to provide a prescription for the Market Research Checklist form (WBR 1453.303-1432-2). The Table of Contents for Part WBR 1453 is changed accordingly.
q. WBR 1453.232(b) is added to provide a prescription for the Payment Utilizing Electronic Funds Transfer format (WBR 1453.303-1412-1). The Table of Contents for Part WBR 1453 is changed accordingly.
r. WBR 1453.303-1415-2 is revised to remove reference to the justification for use of competitive proposals from Section I(3) of the Price Negotiation Memorandum format. FAC 97-14 (FAR Case 99-001) deleted the requirement for contracting officers to explain in writing their rationale for choosing to use competitive proposals rather than sealed bidding. The format is also revised at Section II(5) to change "Best and Final Offer" to "Final Proposal Revision."
s. Editorial changes are made in the following coverage:
WBR 1401.7001-3(b)(2) WBR 1409.507-80
WBR 1411.104 (redesignated as WBR 1411.105)
WBR 1417.8003(b)(2)
WBR 1417.8005(b)(1)
WBR 1452.233-80
WBR 1452.243-80
WBR 1453.303-1415-3
WBR 1453.303-1432-2
6. Action required:
a. Pen and ink changes: none.
b. Filing instructions. Replacement pages are contained in Attachment 1.
We would like to remind you that the entire RAR, including these revisions, is available in PDF format on our Internet homepage: http://www.usbr.gov/aamsden/.
7. Point of contact: Ron Simonich, (303)445-2447.
Attachments
bc: D-7800 (8 copies w/attachment)
D-7810 (14 copies w/attachment)
WBR:RSimonich:jl: / /00:(303)445-2499
H:\HOME\RSIMONIC\ET00-01\SUPPL1\MEMO