Section H. Special Contract Requirements
Section H includes a clear statement of any special contract requirements that are not included in Section I or that do not fit elsewhere in the Uniform Contract Format. Review each and every line because just about any clause could be buried in this section. Here’s a list of possible clauses that might appear in Section H:
REVIEW ACTION
The contractoring officer has several hundred clauses and provisions to choose from when drafting Section H. Every clause included in this section must be there for a reason -- either a regulation requires it or the administration of the contract necessitates it. Review for any clauses that unnecessarily add to the contract cost and consider raising any issues with the contracting officer.
Even if you are already skilled at RFP analysis and familiar with the standard contract clauses, be on the look out for NEW clauses added in recent years (e.g., 2011, 2012, 2013, 2014).
SUCCESS TIP
Policies concerning placement of these clauses vary among federal agencies and even among the buying offices within an agency.
Be prepared with a program leadership plan because you may be required to submit a list of key personnel by name and position. To avoid the perception of bait and switch, state an expiration date for the availability of key personnel named in your proposal. Typically, this expiration date is between 90 and 180 days after proposal due date.
Try to minimize the number of Section H-related RFP questions you submit and avoid taking exception to any of the Section H requirements. Some of these requirements can be negotiated after award during noncompetitive negotiations.
SUBMISSION ACTION
Section H will include any clauses that are incorporated by reference for special contract requirements. Be sure to account for these special contract requirements in both your written and cost response. Items likely to be written into your response include: task ordering procedure (applies to indefinite-delivery contracts/IDIQs); key personnel and facilities; badging; personnel security; observance of legal holidays and more.
WARNING
Read carefully. Section H may contain requirements that result in hidden costs that add up quickly and may not be recoverable.
The FAR instructions do not state exactly what clauses are to be included in this section, therefore, each clause requires your careful attention and analysis. Some clauses may be unique to the agency and included based on a previous contractor issue. Avoid taking exception to a clause because it is ambiguous; instead, raise it to the contracting officer for clarification.
Watch for hidden proposal instructions and fill-in the blank items. Fool proof method: read entire section end-to-end and mark instructions and blanks with a highlighter.
Miss one of these clauses and your proposal will likely be rejected.
- List of clauses incorporated by reference
- Unique local clauses that apply to domestic or international locales
- Contract transition
- Cost management (accounting / purchasing / EVM)
- Reimbursable costs including travel, supplies and materials, G&A, ODC ceilings, training
- Payment of incentive fees
- Travel requests and procedures
- Economic price adjustment provisions
- Service Contract Act wage determinations
- Foreign sources
- Government site support
- Government-furnished equipment, property, facilities, services, or information
- Key personnel requirements/substitutions
- Employment eligibility and termination
- Background investigations
- Suitability determination
- Work location and equipment
- Observance of legal holidays
- Limitations on the Federal Government’s obligations
- Security management including physical and information technology (IT) security requirements
- Protection of sensitive information
- Non-disclosure agreement, rights to data, confidentiality requirements, security audits, privacy regulations
- Organizational conflict of interest (OCI)
- Safety and health
- Environmental and energy conservation requirements (look for newer clauses added in recent years)
- Emergency preparedness
- Section 508 requirements
- Small business subcontracting goals
- Standard post-government employment certifications
- Task or delivery order ordering details
- Multi-year provisions / option terms
- Risk level designation for the contract
- Technical data requirements
REVIEW ACTION
The contractoring officer has several hundred clauses and provisions to choose from when drafting Section H. Every clause included in this section must be there for a reason -- either a regulation requires it or the administration of the contract necessitates it. Review for any clauses that unnecessarily add to the contract cost and consider raising any issues with the contracting officer.
Even if you are already skilled at RFP analysis and familiar with the standard contract clauses, be on the look out for NEW clauses added in recent years (e.g., 2011, 2012, 2013, 2014).
SUCCESS TIP
Policies concerning placement of these clauses vary among federal agencies and even among the buying offices within an agency.
Be prepared with a program leadership plan because you may be required to submit a list of key personnel by name and position. To avoid the perception of bait and switch, state an expiration date for the availability of key personnel named in your proposal. Typically, this expiration date is between 90 and 180 days after proposal due date.
Try to minimize the number of Section H-related RFP questions you submit and avoid taking exception to any of the Section H requirements. Some of these requirements can be negotiated after award during noncompetitive negotiations.
SUBMISSION ACTION
Section H will include any clauses that are incorporated by reference for special contract requirements. Be sure to account for these special contract requirements in both your written and cost response. Items likely to be written into your response include: task ordering procedure (applies to indefinite-delivery contracts/IDIQs); key personnel and facilities; badging; personnel security; observance of legal holidays and more.
WARNING
Read carefully. Section H may contain requirements that result in hidden costs that add up quickly and may not be recoverable.
The FAR instructions do not state exactly what clauses are to be included in this section, therefore, each clause requires your careful attention and analysis. Some clauses may be unique to the agency and included based on a previous contractor issue. Avoid taking exception to a clause because it is ambiguous; instead, raise it to the contracting officer for clarification.
Watch for hidden proposal instructions and fill-in the blank items. Fool proof method: read entire section end-to-end and mark instructions and blanks with a highlighter.
Miss one of these clauses and your proposal will likely be rejected.
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