592
July 2014
PHOTOGRAMMETRIC ENGINEERING & REMOTE SENSING
Geographic area to be covered by the CGMP.
Availability of support / maintenance
•
Market Analysis
◊
Market analysis may be conducted to determine the
availability of CGMP that may meet the defined
project requirements. Such an analysis should seek
to clarify the likely price ranges for these CGMP.
Market analysis source information may include in-
formation based on:
Personal knowledge of the market and available
CGMP,
Historical purchase information,
Company web sites or online catalogs,
Qualified provider lists compiled through such a
market analysis,
Commercial catalogs, trade journals, newspa-
pers, and other professional publications,
Verification of user references
•
Development of Source Solicitation Package
◊
Depending on the regulations of the procuring organi-
zation and factors like the size of the procurement, a
solicitation package may be required. The specific doc-
uments in the source solicitation package may include:
Specifications documents - These documents de-
scribe in detail the CGMP required.
Products support required to integrate the CGMP
into the customers’ chosen application.
Evaluation methodology - A description of how
any proposals for CGMP will be evaluated, in-
cluding final award criteria and weighting.
Due dates, points of contact, required supporting
documentation/information, and any special in-
structions.
•
Issuing the Source Solicitation Package
◊
Issuing the source solicitation package involves pro-
viding the source solicitation directly to providers
or placing it in an advertised location or on a web
site where source solicitation packages reside (for in-
stance,
).
•
Evaluating Proposals (Selection Decision and
Award)
◊
The customer should evaluate CGMP based on cri-
teria defined and published prior to receipt of pro-
posals. The organization may communicate with
individual providers, as appropriate, to address the
responder’s understanding of the requirements, per-
formance capabilities, price range limitations, and
other terms and conditions.
Selection Decision and Award-
the provid-
er should be selected based on the best value to
the procuring organization, taking into account
factors including, but not limited to: provider
experience/capability, price, quality of delivera-
bles, delivery schedule and method, warranty or
licensing, and payment terms.
Documentation
The method of selection and
rationale for awarding the contract should be
documented and maintained by the procuring or-
ganization.
Acquisition of CGMP
Part 12 of the FAR establishes Federal procedures for ac-
quisition of commercial items. Policy background in Part 12
states that the government should acquire commercial items
whenever possible when they are available to meet the needs
of the agency. The procedures defined in Part 12 are generally
used in conjunction with Part 13 (Simplified Acquisition), Part
14 (Sealed Bidding), or Part 15 (Contracting by Negotiation),
whichever is applicable.
General steps to be followed in acquiring a commercial item,
as defined in FAR Part 12, are as follows:
“(a) Conduct market research to determine whether com-
mercial items or non developmental items are available
that could meet the agency’s requirements;
(b) Acquire commercial items or non developmental items
when they are available to meet the needs of the agency; and
(c) Require prime contractors and subcontractors at all
tiers to incorporate, to the maximum extent practicable,
commercial items or non developmental items as compo-
nents of items supplied to the agency. “
Of particular note, FAR Part 12 includes the following state-
ment,
“… the Government shall acquire only the technical data
and the rights in that data customarily provided to the pub-
lic with a commercial item or process. The contracting officer
shall presume that data delivered under a contract for com-
mercial items was developed exclusively at private expense.”
Specific language from FAR Part 12 is included in Appendix
4 of these G
uidelines
.
Determining what to include in a comprehensive request
for proposal (RFP) for CGMP may be a complicated task. As
a result, RFPs are often vague, omit key information or have
different specifications that are open to widely varying inter-
pretations by the potential providers. It is for this reason that
ASPRS highly recommends that a licensed or certified profes-
sional be involved in the development of the RFP, proposal re-
view, and procurement decision(s).
CGMP may be procured through a “best value” based solicita-
tion. It is critical in best value based solicitations that the spec-
ifications of the product are well documented by the provider
(i.e., “truth in labeling”), understood by the customer, and that
all intended uses and acquisition costs are carefully evaluated.
Involving a licensed or certified professional early in the pro-
curement process will ensure that the CGMP to be acquired
are appropriate for the proposed application.
