(a)(90) Although a formal PAS is not normally requested for acquisitions valued at $100,000 or less, there are circumstances which justify conducting a PAS (formal or informal), regardless of the dollar value of the acquisition under consideration. (An informal PAS is one in which the contracting officer's request for information is able to be fulfilled by a phone call to the CAO component, and may not necessitate contacting the firm or individual in question. A formal PAS, on the other hand, requires, at a minimum, the CAO PAS monitor to conduct a telephone survey, and may require one or more site visits to the prospective contractor's location. A formal PAS always incorporates an informal survey.) Because the survey is the primary means by which the responsibility of some contractors can be determined, its performance is strongly recommended on a prospective contractor (manufacturer or nonmanufacturer) that:
(1) Has been listed on the GSA List of Parties Excluded from Federal Procurement Programs within the past 3 years (or other locally determined time period);
(2) Is (to the extent determinable from local records) a first-time Government contractor, or has had a performance break from Government business of 3 or more years' duration (or other locally determined time period);
(3) Is undergoing or has undergone reorganization under bankruptcy laws within the past 3 years (or other locally-determined time period);
(4) Has been terminated within the past 3 years (or other locally determined time period) for default;
(5) Has negative quality records (PQDRs, RODs, etc.) in the Quality Evaluation Program (QEP), is on the Contractor Alert List (CAL), has a poor Product Verification Record (PVR) as indicated by ICP PVR, or is otherwise known to the contracting officer to have a poor or marginal performance history;
(6) Has, within the past year (or other locally-determined time period), received a negative PAS for any item within the same Federal Supply Class (FSC), or for the same type of service, as the item or service being purchased;
(7) Has failed to liquidate indebtedness to DLA (the extent of the indebtedness that would normally dictate a PAS shall be determined locally);
(8) Is a transferee in interest of a former Government contractor; or
(9) Is the subject of information that is not sufficient on which to base a responsibility determination, or is a current contractor about whom the historical capability data, in terms of productive capacity, quality assurance, financial ability, etc., is unavailable to the contracting officer or is inconclusive.
(a)(91) When an offer received from a prospective contractor described in (a)(90)(1) through (9) above is proposed for award, and the contracting officer decides that actual performance of the PAS is in the best interests of the Government, the contracting officer shall request the survey, and provide the rationale for that request in the "Remarks" section of the SF 1403, Pre-award Survey of Prospective Contractor (General). When a PAS is requested with respect to an offeror described in (a)(90)(1) above, the contracting officer shall identify integrity as a factor about which information is needed and shall ask that the PAS team specifically identify the corrective actions undertaken by the prospective contractor to address the problems that resulted in the contractor's being listed on the GSA List of Parties Excluded from Federal Procurement Programs.
(a)(92) When a preaward survey (PAS) is contemplated, the Acquisition Specialist (preaward) shall first obtain as much information as feasible from DSC records and use this information to determine if a preaward survey is required. If the Acquisition Specialist (preaward) cannot make a determination of responsibility or nonresponsibility based on DSC records and requires more information, the Acquisition Specialist (preaward) shall consider a preaward survey. For simplified acquisitions, the Acquisition Specialist (preaward) shall use informal (verbal) PAS procedures. For acquisitions other than simplified, the Acquisition Specialist (preaward) shall use either informal or formal PAS procedures, depending on the situation.
(93) To request a preaward survey:
(i) Informal preaward survey (PAS): When limited information is desired, the Acquisition Specialist (preaward) shall use an informal PAS. This will preclude the administrative effort and time of a formal survey. The Acquisition Specialist (preaward) shall not use an informal PAS if there is sufficient data to indicate that a formal PAS is required. Request an informal PAS in accordance with on-site procedures. The result of the survey will include performance history information and a recommendation for award or no award. The contracting officer makes the final responsibility determination.
(ii) Formal preaward survey (PAS): A formal PAS is used to get detailed information regarding key performance areas (e.g., technical, production, quality, etc.). (Defense Contract Audit Agency (DCAA) requires 30 days to respond to a request for financial data.) If a formal PAS is requested for a simplified acquisition, the request shall be justified in writing.
(A) Before requesting a formal PAS, the Acquisition Specialist (preaward) shall submit an email, or process a DPACS referral, to the Product Specialist for a recommendation as to whether the quality portion of the preaward survey is required. The response from the Product Specialist can be used to determine whether to include or exclude the quality portion of the preaward survey. Product Specialist responses may include:
(1) Quality history indicates quality portion of the preaward survey
is not required. (If highlights are provided by the Product Specialist, document in
accordance with on-site procedures.)
(2) No quality history exists. Recommend quality portion of preaward
survey be conducted.
(3) Unique characteristics or manufacturing process require
quality portion be done. (Document this response in accordance with on-site procedures.)
(4) Product Specialist desires to participate in the PAS. (Document
in accordance with on-site procedures.)
(B) Written requests for formal preaward surveys. (Refer to on-site procedures).
