Federal Contracting: Weaknesses Exist in NSF's Process for Awarding Contracts

NSF's revised guidance on acquisition activities and procedures added guidelines for preparing statements of work. The guidelines include a description of items that should be addressed in the statement of work and provide examples of weaknesses to avoid.

NSF amended its procurement guidance to require the disclosure of evaluation factors that are predominant or of greater relative importance, through the use of weights or relative weight descriptions, when soliciting contract proposals.

NSF amended its procurement guidance to require contracting officers to ensure that contract proposals are scored properly and that the evaluation panels resolve inconsistencies in evaluations of contract proposals. The amended guidance also requires the use of evaluation factors in evaluating contract proposals that are identical to the factors used in soliciting proposals.

NSF revised its procurement guidance to emphasize the existing Competition in Contracting Act requirement that all procurements should be made on a competitive basis to the extent practicable. The guidance also makes reference to the relevant sections of the Federal Acquisition Regulation that identify situations where limited competition is allowed and stresses compliance with the requirement to determine if other sources are available. Additionally, the guidance specifically requires the contracting officer to prepare a written justification when limited competition is allowed; and requires the contracting officer and cognizant program officer to certify that the justification is accurate.

The revised guidance emphasizes that NSF will assure compliance with the requirement to document planned efforts to remove obstacles, if any exist, to future competition.