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Clauses in Fair Opportunity Proposal Request (FOPR)


newspecialist

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Hello. Would someone be able to explain to me how I can figure out which DoD clauses to add to my Fair Opportunity Proposal Request (FOPR)? So far I have been told to use other FOPRs as an example and use the clauses from the example FOPR for my own FOPR. I'm not sure if that's how it's usually done (maybe by a more experienced contracting specialist), but I'm pretty new to Govt. contracting, with no prior experience, and wanted to see if there was a different way to figure out what clauses to put in a FOPR. 

I would really appreciate any help or insight!

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If the base ID/IQ is a DoD contract, all the FAR and DoD clauses in the base contract are already applicable to task Orders, aren’t they? If so, no need to repeat them in a task order. You can simply state that the terms, conditions and clauses in the base contract apply to the task order.

Are you actually referring to “Provisions”?

Out of curiosity, what is the general scope or purpose of the ID/IQ or is this simply a general question? 

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@joel hoffmanraises a good question as to whether you are asking about provisions or clauses.   To his point about clauses see FAR 52.216-18 which is most likely in the parent IDIQ and provides that clauses do pass down to the order level.  However, an agency can provide that additional clauses can be added to specific orders and therefore a FOPR but usually if allowed the parent IDIQ will state the allowance to add clauses to a particular order.

Noting this and if talking about clauses I would highly recommend reading the whole of the parent IDIQ contract to determine such things as whether the -18 clause is in it and what other allowances it may have for adding other clauses.  In doing so you can compare what you have been "told" versus that of what the contract actually provides and allows.

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Thank you both for your help - sorry if my question was not clear; I’m not far into the job and still working on getting terminology down. Hopefully soon I will get a better hang of it 😁

It was more of a general, future question for when I have to put together another FOPR. For example, the product buy that I just worked on where we purchased hardware, we included in our FOPR before releasing to NASA SEWP a part that discussed clauses:

”The following Department of Defense (DoD) clauses will be included in the Delivery Order:

DFARS 252.203-7005 Representations Relating to Compensation of Former DoD Officials (Nov 2011)

DFARS 252.232-7006 Wide Area Workflow Payment Instructions (Dec 2018)

DFARS 252.239-7018 Supply Chain Risk (Feb 2019)

DFARS 252.243-7001 Pricing of Contract Modifications (Dec 1991)”

I believe that those are all clauses and not provisions. I’m just not sure how to determine on my own what to include. But I will definitely check out FAR 52.216-18 as @C Culham suggested!

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And check to see if those DFARS clauses and the provision at 252.203-7005 are in the parent contract. The provision likely isn’t 

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I haven't looked at SEWP, but since it is a NASA contract it probably has FAR and NASA clauses.  It looks like you are in DoD, so you add a few DFARS clauses/provisions.

Ideally, a FOPR will have no clauses but will rely on the parent contract.  Sometimes, a contracting officer might need to include a clause or provision.  Hopefully, your agency will have guidelines to help.

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19 hours ago, newspecialist said:

I believe that those are all clauses and not provisions.

To help.....as your belief is off a tad bit.

Here is another place to start and that might help.  https://test1-1-pz.sewp.nasa.gov/documents/SEWPTrainingPDF.pdf

By my read of the reference you can add terms and conditions and as @ji20874 has provided I suspect there is agency guidance for you somewhere as to what you should add beyond what is in a SEWP contract.   Note the reference I provided indicates how to locate the actual contracts. 

I encourage you to ask those that have "told" you if they can provide a agency reference to help you learn what you must do when using a SEWP.  Something like "Oh I need to add that, do you by chance have a policy or other written reference that I can use in the future as a reminder."   

Using your examples of cited DFAR references here is an example of how to determine if  a clause or a provision.   If you go to the  DFARS and look up the reference  252.203-7005  the DFARS provides the answer.  In this case the DFARS says - "As prescribed in 203.171-4(b) insert the following provision:"   Suggest you look through the remaining.  the same applies for the FAR, it will state whether clause of provision.

Now as to clause or provision and the difference,  here is the definition of each as provided for in FAR Part 2.  As an aside an order against a SEWP is considered a contract (look up "contract" definition in FAR part 2).

"Contract clause or "clause" means a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award."

"Solicitation provision or provision means a term or condition used only in solicitations and applying only before contract award."

And while I did not read the below reference it might help you as well.  In providing remember you can search WIFCON Forum on topics as well when you run into something that you need help with.

 

 

 

 

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