42.502 Selecting contracts for postaward orientation
Source: FAR 42.502 on acquisition.gov
Contracting officers must systematically evaluate specific factors to determine if postaward orientation is necessary, ensuring orientations are targeted to contract needs and risks.
Overview
FAR 42.502 outlines the factors that contracting officers must consider when determining whether a postaward orientation is necessary for a contract, and if so, what form it should take. The regulation provides a comprehensive list of considerations, including the nature of preaward activities, contract type and complexity, acquisition history, delivery urgency, subcontracting extent, contractor experience, small business status, safety requirements, and financing arrangements. The goal is to ensure that postaward orientations are used effectively to clarify contract requirements, address potential risks, and facilitate successful contract performance, especially in situations where complexity or contractor experience may warrant additional guidance.
Key Rules
- Assessment of Need for Postaward Orientation
- Contracting officers must evaluate a range of factors to decide if postaward orientation is needed and determine its appropriate form.
- Minimum Considerations
- The regulation lists specific factors (a-l) that must be considered, such as contract complexity, urgency, subcontracting, contractor history, and safety or financing concerns.
Responsibilities
- Contracting Officers: Must systematically assess each listed factor before deciding on postaward orientation and document their decision-making process.
- Contractors: Should be prepared to participate in postaward orientation if requested and provide relevant information about their experience, subcontracting, and compliance history.
- Agencies: Should ensure contracting officers are trained to evaluate these factors and apply consistent criteria across contracts.
Practical Implications
- This section ensures that postaward orientations are targeted and justified, not automatic, focusing resources where they are most needed.
- It helps prevent misunderstandings and performance issues by addressing contract-specific risks early.
- Common pitfalls include overlooking key factors or failing to document the rationale for orientation decisions.
When deciding whether postaward orientation is necessary and, if so, what form it shall take, the contracting officer shall consider, as a minimum, the-
(a) Nature and extent of the preaward survey and any other prior discussions with the contractor;
(b) Type, value, and complexity of the contract;
(c) Complexity and acquisition history of the product or service;
(d) Requirements for spare parts and related equipment;
(e) Urgency of the delivery schedule and relationship of the product or service to critical programs;
(f) Length of the planned production cycle;
(g) Extent of subcontracting;
(h) Contractor’s performance history and experience with the product or service;
(i) Contractor’s status, if any, as a small business, small disadvantaged, women-owned, veteran-owned, HUBZone, or service-disabled veteran-owned small business concern;
(j) Contractor’s performance history with small, small disadvantaged, women-owned, veteran-owned, HUBZone, and service-disabled veteran-owned small business subcontracting programs;
(k) Safety precautions required for hazardous materials or operations; and
(l) Complex financing arrangements, such as progress payments, advance payments, or guaranteed loans.