The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software will soon replace most existing Army contract writing systems including the Standard Procurement System (SPS) Procurement Desktop-Defense (PD2), currently in use by our contracting offices. The U.S. Army Health Contract Activity (USAHCA) is fully embracing the transition to ACWS to the maximum extent practicable. As we transition, our Contracting Offices may use a combination of the legacy (i.e. PD2) and new (i.e. ACWS) contract writing systems to generate acquisition documents.
As such, please be advised that during this transition period, acquisition documents (e.g. solicitations, amendments, awards, and modifications) may encounter the following situations:
- Solicitations may contain different offer submission instructions than other solicitations released by the same Contracting Office (e.g. requiring offer submission via the PIEE Solicitation Module vs. e-mail, DoD SAFE, etc.). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist and Contracting Officer.
- If the Contracting Office switches contract writing systems after issuing a solicitation, but prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is to be expected with transition to another platform, however the content should all be within the document.
- A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist and Contracting Officer.
Additionally, our contracting offices do not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Offeror, may still be the first to spot discrepancies and possible errors. Therefore, Offerors shall:
- Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing quote/proposal terms, or could affect Contract performance post-award.
- Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process.
- Contact the Contracting Officer listed on the first page of the solicitation, solicitation amendment, award document, or modification for guidance if you notice or suspect any inadvertent change has occurred between document issuances.
The Contracting Officer will correct transition problems that arise with affected contracts (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of affected documents, whether it be a solicitation, contract, ordering vehicle, task or delivery order, modification, etc. reflecting deliberate actions by the Contracting Officer (e.g. the first issuance if no amendments/modifications, the latest amendment/modification with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms. In the unlikely event that a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in a solicitation or time sensitive modification, the Contracting Officer:
- May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.
- Will incorporate the latest version of the acquisition document into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.
- Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of the requirement.
- Will issue a complete, properly formatted award/modification that accurately reflects the requirement and all applicable terms and conditions once systems return to normal.
