J-24_Draft Evolve Ordering Guide.v2. tracked P0006.docx

ORDERING GUIDE

for

U.S. Department of State

Evolve Indefinite- Delivery/Indefinite- Quantity

(Evolve IDIQ)

27 September 2022

Table of Contents _Toc115166782

3. GENERAL…….……………………………………………………………………….48

APPENDIX A - EVOLVE VENDOR POINTS OF CONTACT………………………43

APPENDIX B - LIST OF AUTHORIZED PURCHASE CARD HOLDERS…………44

1. EVOLVE GENERAL INFORMATION

Functional Category (1) IT Management Services

IDIQ Award Date

IDIQ Expiration Date

IDIQ Award Date

IDIQ Expiration Date

IDIQ Award Date

IDIQ Expiration Date

IDIQ Award Date

IDIQ Expiration Date

IDIQ Award Date

IDIQ Expiration Date

2. POINTS OF CONTACT

a. Evolve Procurement Team

Functional Category 1 – (FC1)

POC

Donnell Harrison

Voice

Email

Functional Category 2 – (FC2)

POC

Courtney Brown

Voice

Email

Functional Category 3 – (FC3)

POC

Anthony Godwin

Voice

Email

Functional Category 4 – (FC4)

POC

New Hire

Voice

Email

Functional Category 5 – (FC5)

b. IRM/BMP/ITA/CM

Voice

Email

3. GENERAL

a. Purpose This guide provides the procedures for ordering Information Technology (IT) based solutions under the Evolve iIndefinite- Ddelivery, iIndefinite- quantity (IDIQ) contract. It defines the roles and responsibilities of all stakeholders involved in the ordering process and provides helpful instructions on how to place an order on the IDIQ. The Evolve IDIQ contract will be referred to as “Evolve,” and Task Orders or Delivery Orders (regardless of whether the primary purchase is for products or services) issued against Evolve are herein referred to as Task Orders, or “TOs.” Requests for quotation will be referred to as “RFQs.”

This guide does not replace ordering agency policies or best practices and does not take precedence over the terms and conditions of Evolve. It is the responsibility of the procuring Contracting Officer (CO) to follow statutes, regulations, and agency-specific policies regarding the issuance of an Order and to incorporate those requirements at the Order level.

Updates to this Ordering Guide and other helpful information will be posted on the Evolve website at: https://www.state.gov/evolve-idiq/

b. Authorized Users The Administration (A) Department of State Office of the Procurement Executive, Office of Acquisitions Management, Evolve Procurement Team (A/OPE/AQM-Evolve) and Information Resource Management, Budget Management and Planning, IT Acquisitions, Contract Management (IRM/BMP/ITA/CM) form the complete Evolve Integrated Product Team (IPT) that manages Evolve contract activities through the complete acquisition lifecycle. Below are specific user roles and responsibilities.

c. TOs – Contracting Officer This IDIQ is available for the purpose of placing TOs by the Evolve Procurement Team only. Direct orders may not be placed under Evolve by other contracting activities (no delegated procurement authority will be authorized).

d. Government Purchase Card Orders Refer to Appendix B for the list of authorized purchase card holders supporting IRM/BMP/ITA/CM who may place direct P-card orders under Evolve.

e. Contracting Officer’s Representatives

The Ordering Activity may opt to:

1. Use their own COR, or

2. Use assisted COR services from IRM/BMP/ITA/CM.

Contact IRM/BMP/ITA/CM for more details.

4. HOW TO BECOME AN AUTHORIZED USER

All users must register to use the Symphony Application prior to accessing ordering information for Evolve. Contact IRM/BMP/CM/ITA for COR or P-Card holder access. Only the A/OPE/AQM Evolve Procurement Team may place TOs under Evolve.

5. EVOLVE CONTRACT INFORMATION

a. Evolve Term Evolve is a 7-year contract inclusive of one (1) one-year base performance period, with up to six (6) one-year option periods). TOs may be awarded during the term of Evolve, which is also referred to as the effective period of the contract or the ordering period.

Pricing for TOs issued with period(s) of performance beyond the IDIQ period of performance end date will be negotiated at the Order level. Firm- Fixed- Price and Time- and- Materials TOs will be based on the rates applicable for the last period of performance of the IDIQ, plus escalation. Labor rates that extend beyond the sixth option year end date of the contract shall be established through negotiation with the Contractor to establish fair and reasonable pricing that is in-line with the sixth option year’s contract pricing.

b. Order Period of Performance TOs may not exceed ten (10) years, inclusive of options, from the date the Order is placed; however, TOs may extend up to three (3) years after the expiration of Evolve. FAR 52.217-8 Option to Extend Services shall not be used beyond three (3) years after the Evolve contract expiration date.

Multi-year contracting may only be pursued by the Evolve Procurement Team after a signed certification and validation that the ordering activity is prepared to meet all obligations under FAR 17.1, with special attention paid to FAR 17.106-1(c)(1) and (2), FAR 17.106-1(e) regarding “cancellation ceilings”, and FAR 17.108 “Congressional Notification.”

The term for each Task Order placed under Evolve shall be specified in the individual Order. The CO may include options in accordance with (IAW) FAR subpPart 17.2, when applicable. When citing options in an Order, the full cost or price for the performance of the work must be established and evaluated in the initial Order. Order duration is not dependent upon exercise of the Evolve option or expiration of Evolve. This means that a user can exercise an Order option period even if Evolve is no longer available for new TOs. The CO is required to document that Order options are in the best interest of the government consistent with FAR 17.207, and applicable agency supplements.

c. IDIQ Maximum QuantityCeiling The Evolve maximum quantitytotal ceiling is $10 Billion. The Evolve Procurement Team will track contract usage throughout the life of Evolve. The CO must verify that the maximum quantity has not been exceeded, or is anticipated not to be exceeded, re is sufficient ceiling available on Evolve prior to issuing any RFQs or new TOs.

d. Scope The Contractor shall provide the full range of IT services, technical and management expertise, and solution-related enabling products in one or more of the functional categories to meet the mission needs of the Department of State. Specific IT solutions/capabilities will be identified in individual TOs to support DOS world-wide. Contractors shall furnish the necessary personnel, materials, equipment, facilities, travel, and other services required to satisfy the ordered IT capabilities and solutions. While the Evolve Statement of Work (SOW) identifies five functional categories, the suite of resulting contracts is intended to satisfy the full range of IT related requirements.

The scope of each individual IDIQ contract will be based upon the functional categories which the Contractor is awarded. The Evolve contract is intended to remain current and continue to provide the full range of IT capabilities, solutions, and emerging technologies throughout its life. The Contractor shall provide solutions for one or more of the following functional categories, with specific tasks to be set forth in TOs:

· Functional Category 1 (FC1): IT Management Services

· Functional Category 2 (FC2): Cloud and Data Center Services

· Functional Category 3 (FC3): Application Development Services

· Functional Category 4 (FC4): Network and Telecommunication Services

· Functional Category 5 (FC5): Customer and End User Support

e. Technical Scope Assessments All requirements must be in scope, consistent with the appropriate functional category, and the requirement should contain the award evaluation criteria.

f. Socioeconomic Credit Purchases using Evolve’s Small Business Contractors will provide Small Business socioeconomic credit to the Department.

The Evolve Procurement team will track all Evolve small business participation and usage (cumulatively across all functional categories) and report this information directly to the Office of Small Disadvantaged Business Utilization (OSDBU) on a monthly basis for Evolve year one (1) and quarterly thereafter.

6. HOW DO I DETERMINE WHICH FUNCTIONAL CATEGORY TO USE?

After initial contact and/or submission of an initial requirements package by the ordering activity, IRM/BMP/ITA/CM determines the primary scope of the requirement and recommends its placement under one of the Functional Categories. The Contracting Officer (CO) then makes an acquisition strategy determination in consultation with IRM/BMP/ITA/CM. The decision as to which IDIQ to use is directly related to the scope of the specific requirement to be solicited.

Use of Requests for Information (RFIs), Capability Requests and/or any type of informational request submitted to the Evolve functional category may help in determining which vehicle is chosen for a specific requirement. The Evolve Procurement Team is the only user authorized to issue RFIs under Evolve.

7. WORK OUTSIDE OF THE CONTINENTAL UNITED STATES (OCONUS)

It is anticipated that there may be TOs under this contract for work outside of the continental United States. OCONUS is defined as other than the 48 contiguous states plus the District of Columbia. The Contractor will be compensated for work performed OCONUS based on the methodology proposed by the Contractor and accepted by the USER for award of an individual Order.

The U.S. Department of State’s Bureau of Administration, Office of Allowances HYPERLINK "https://aoprals.state.gov/" \h(https://aoprals.state.gov/HYPERLINK "https://aoprals.state.gov/" \h) publishes quarterly report indexes of living costs abroad, per diem rate maximums, quarter’s allowances, hardship differentials and danger pay allowances for Contractors to follow when proposing on OCONUS efforts. No allowances, other than those listed by the U.S. Department of State, shall be allowed on TOs.

The Department of State Standardized Regulations (DSSR) are the controlling regulations for allowances and benefits available to all U.S. government civilians assigned to foreign areas. For TOs issued under the IDIQ, Contractor civilians assigned to foreign areas shall not exceed the allowances and benefits in the DSSR. For OCONUS TOs where costs are not specifically addressed in the DSSR, the government will reimburse the Contractor for all reasonable, allowable, and allocable costs in accordance with FAR 31, Contract Cost Principles and Procedures.

8. ROLES AND RESPONSIBILITIES

The business of contracting is a team sport. Below are general responsibilities; however, the Evolve IPT is a cohesive, collaborative unit working towards a unified goal. IRM/BMP/ITA/CM and the OPE/AQM Evolve Procurement Team are committed to these basic tenets:

· Early Engagement

· Active Planning

· Frequent Communication

· Real-Time Status

· Standardized and Agile Processes

· Application of Best Practices

· Kaizen: Continuous Improvement

a. CONTRACTING OFFICER’S RESPONSIBILITIES The Evolve Procurement Team CO has full pre- and post-award responsibility for the Evolve IDIQ IAW the FAR and the DOSAR. The following highlights some key CO responsibilities but is not all inclusive:

· Modify Evolve terms and conditions, which is an exclusive, non-delegable right

· Advise and guide IRM/BMP/ITA/CM, requiring activities, users and Contractors regarding all Evolve requirements

· Partner with IRM/BMP/ITA/CM to Educate requiring activities on how to use Evolve to meet their IT requirements

· Conduct meetings with Evolve prime Contractors

· Review Subcontract Reporting and Evolve Contractor Administrative Reporting

· Report information to OMB such as exceptions to fair opportunity, type of contract, # of awards, etc.

b. AQM EVOLVE TEAM RESPONSIBILITIES

· Responsive, customer-focused service

· Proactive Contract Administration

· Timely processing of requisitions and CPARS

· Quality assurance of requisition content and attachments

· Early engagement initiative tracking

· Business advisement on acquisition strategy

· Commitment to appropriate acquisition lead times

· Collaboration and training for IRM/BMP/ITA/CM Cadre of CORs and TETs

· Prompt COR delegations of authority (where required)

· Contract Template Library Creation and Management

· Real-time Order Status Reporting

· Contract usage tracking and reporting

· Contract status meetings

· Complimentary pre- and post-award technical scope assessments upon request

· Inclusion of all contractually required clauses, provisions, terms and conditions (in response to all program-identified IT security requirements)

c. IRM/BMP/ITA/CM RESPONSIBILITIES

· Submission of compliant requisitions and attachments

· Quality control verification of requisition content and attachments

· Early engagement with requiring activities (pre-requisition)

· Commitment to appropriate acquisition lead times

· Collaboration and training for IRM/BMP/ITA/CM Cadre of CORs

· Provide updated standard IT security requirements for use on Evolve TOs

· Provide background information in requirements to the greatest extent practicable (program history, “current state” or current environment information, diagrams, metrics, work volume, purchasing history, etc.)

· Provide forecasting information on upcoming procurements or problem sets

· Timely performance reporting (and immediate notification of issues to CO)

9. ORDERING PROCESS

a. ORDERING PROCESS OVERVIEW The Evolve Procurement Team will use a well-defined and repeatable framework to guide and achieve a seamless requisition issuance process to support the execution of contract actions. The Evolve office requests that all requisitions include clear and concise detailed information before assigning to the appropriate Evolve Contract Specialist for processing.

Providing all details up front is critical to execution and certifies that the Evolve Procurement team can provide its customers with the required contracting services in a timely manner. As a best practice, sending an early notification/email identifying upcoming transactions will provide Evolve personnel an understanding of future actions to come. This process is intended to facilitate rapid communication between offices, allowing leadership time to assign the appropriate CS to the upcoming REQ, and provide enough time to identify further required transactional documents.

10. REQUISITION ISSUANCE PROCESS

From: IRM/BMP/ITA/CM (POC)

To: evolve@state.gov

· Forecasting

· IRM/BMP/ITA/CM provides quarterly forecast of upcoming requirements.

--See Evolve Team Forecast Worksheet

From: COR or IRM/BMP/ITA/CM POC To: evolve@state.gov --Request Evolve CS/CO assignment

- As soon as a need is identified (e.g., new requirements, options exercised, modifications, etc.)

Evolve Team Response

--Evolve Team verifies CS/CO assignment

· Within one (1) business day,

Create PR Header

· Assign PR to CS/CO assigned by Evolve Team

· **unassigned PRs will not be processed**

Header Text must include:

· Type of Action New Contract, Option Exercise, Funding, De-Obligation, Administrative, etc.

· Detailed Description Reason for Action

· Identify COR Name, Email, Phone

· Detailed instructions Including each accounting line change for any funding actions

Set proper routing and attach internal approvals

Set Funding

· Ensure “IT Approval” is set to yes

· Ensure any pre-approval memos (CIO, ITA, etc.) are attached

· Ensure adequate funding is committed for award (required prior to solicitation release)

· If a $0 Req is issued, header text must show anticipated funding date.

Add PR Attachments

· Increase to contract value (ceiling increase)

· Memo describing what has changed to cause the increase to award value & justification

· Funding Only: No attachments required

· New Contract

· Copy of the COR’s certification (if services)

· Copy of COR nomination memo

· Draft PWS/SOW

· Independent Government Estimate (IGE)

· J&A (if sole source or brand name)

· Cost/Benefit Analysis (if the requirement is for a study, development, research, prototyping, etc.)

· IT request - Status must show as Approved.

· All required items above must be present.

(Evolve Procurement Team will request modification of any requisition missing the elements above)

11. CONTRACTOR EVALUATION AND PERFORMANCE MONITORING

a. ONGOING PERFORMANCE EVALUATION Past performance information is relevant for future TO source selection purposes, regarding a contractor’s actions under previously awarded TOs under the same contract. It includes, for example, the Contractor’s record of conformance to contract requirements and to standards of good workmanship; the Contractor’s adherence to contract schedules, including the administrative aspects of performance; the Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Contractor’s business-like concern for the interests of the customer. Past performance also includes the quality and timeliness of deliverables submitted to the Government in the delivery of its services.

Upon completion of a TO base or option period, the TO COR will complete a TO evaluation via CPARs. The information will be used for future source selections under Evolve.

Past performance will be an important evaluation factor for Evolve task order awards; especially after the base year of the IDIQ.

b. ITA MONITORING OF THE EVOLVE PROGRAM PERFORMANCE OBJECTIVES To ensure excellent performance and proactive risk mitigation posed by a multi-vendor environment, ITAs CORs will monitor the contractor’s performance in meeting performance objectives and facilitate collaboration between contractors. ITA monitoring of Evolve program performance objectives may select key members of key contracts as needed to take part in the Evolve objective meetings to collaborate and develop solutions to common problems; ITA will review ACAs prior to contractor signatures and archived to the file; ITA will surveil contractors awarded TOs under Evolve to ensure ACA agreements are being followed and contractors are communicating effectively.

Category Program Managers (CPMs) will collect information from GTMs, Requiring Office Program Managers (RA-PMs) and task order level CORs and document the following high level performance objectives in CPARs at the IDIQ level

c. PERFORMANCE MANAGEMENT APPROACH ITA will establish a Performance Management approach that will identify, track, and encourage adherence to performance objectives, key service level requirements (SLRs), outcomes, and deliverables.

d. DESIGNATION OF HIGH-LEVEL PERFORMANCE OBJECTIVES (IDIQ LEVEL) Table 1 lists objectives that will be tracked by CPMs and documented at the IDIQ level. These performance objectives are considered critical to the success of Evolve and will be monitored for compliance and improvement.

e. DESIGNATION OF SLRS, OUTCOMES, AND DELIVERABLES (TO LEVEL) Each TO may designate SLRs that measure the outcome expected for the task(s). These SLRs will be reported by the contractor and evaluated by the CPM and task order level COR to determine compliance and to apply incentives for performance. TO performance may also be measured by deliverables or other outcomes defined in the TO and agreed to by the contractor.

f. OBJECTIVE FOR PERFORMANCE MANAGEMENT APPROACH (TO LEVEL) The main goal in developing performance objectives and measures is to support the DOS desire to manage the contractor’s services by monitoring and measuring performance on critical requirements. While the performance objectives will be defined based upon the scope of the TO, the intent is that such measures are an indication of delivery of critical requirements.

g. CONTINUOUS IMPROVEMENT (TO LEVEL) Depending upon the type and scope of the TO, the contractor may agree to continuous improvement of certain SLRs or outcomes. This improvement and timing will be defined in the TO.

h. INCENTIVES (TO LEVEL) A Task Order may include financial incentives for certain performance measures to encourage the consistent and timely delivery of service and value to DOS. These incentives may take the form of fee reductions or credits to the TO invoice. Fee reductions are not intended to compensate DOS for damages, but rather to recognize the value of the diminished services actually delivered, and to provide incentive to the Supplier to achieve the TO’s stated objectives.

The TO CO will have latitude with regard to incorporating appropriate incentives at the TO level; however, the following logic will be followed under Evolve:

· CPARS ratings and standard contract compensation are to be the primary incentives for contract performance.

· Streamlined processes (such as award terms) are favored over complex incentive structures.

One incentive type may generally be applied per TO; multiple-incentive contract types will require special acquisition approvals.

i. EARN BACK FOR FEE REDUCTIONS (TO LEVEL) The objective of a TO is deliver the agreed services, products, or outcomes. Given this objective, DOS may provide provisions for a contractor to earn back a fee reduction by correcting service issues or restoring agreed service levels for an agreed timeframe.

j. OBJECTIVES THAT WILL BE TRACKED BY CPM/TASK ORDER CORS AND REPORTED TO THE PROGRAM MANAGER

Table 1 HIGH-LEVEL PERFORMANCE OBJECTIVES (IDIQ LEVEL)

Contractor Communication ACA-Agreement

Contractors will be evaluated every month by the COR and the evaluation will be discussed with the contractor. The purpose of the scorecard and discussions is to enhance performance. Contractor communications will be used as a basis for past performance reporting.

Communication: Requirements, schedules, changes, and/or details of all work performed under Evolve are communicated to other Evolve task order recipients and IRM stakeholders.

Satisfactory = 0 deficiencies.

All requirements, schedules, changes, and details of work performed were shared and communicated as identified in the Associate Contractor Agreement (ACA).

Unsatisfactory = 1 or more deficiencies; 1 or more requirements, schedules, changes, and details of work performed were not shared and communicated as identified in the ACA.

Collaboration. Contractors will operate within an ecosystem of federal and contractor staff, with multiple contractor teams working in parallel and with constant interaction with DOS employees. The contractor will be graded based on their willingness, effort, and ability to work collaboratively.

The Government will assess the performance of each contractor using a scorecard approach (grades A-F). The Contracting Officer and Contractor will receive a copy of the evaluation. Contractors may provide comments, or responses, to the scorecards to the COR and the Contracting Officer within a week after receipt of the scorecard and grade.

Contractor Process and Continuous Improvement

Contractors will be evaluated every month by the COR and the evaluation will be discussed with the contractor. The purpose of the scorecard and discussions is to enhance performance. In addition, in the aggregate, the scorecards and discussions will be used partially as a basis for past performance reporting. It is anticipated that contractors will be evaluated along the following dimensions.

Process and Continuous Improvement. contractors will be assessed on the processes they implement, their conformance to processes, their contribution to required frameworks, and to continuously improve these processes. Customer Experience (CX) may be an integral factor in this assessment.

The Government will assess the performance of each contractor using a scorecard approach (grades A-F). The Contracting Officer and Contractor will receive a copy of the evaluation. Contractors may provide comments, or responses, to the scorecards to the COR and the Contracting Officer within a week after receipt of the scorecard and grade.

Innovation

Contractors will be evaluated every month by the COR and the evaluation will be discussed with the contractor. The purpose of the scorecard and discussions is to enhance performance. The scorecards and discussions will be used partially as a basis for past performance reporting. It is anticipated that contractors will be evaluated along the following dimensions.

Contractors will be permitted to submit examples of any innovative approaches they introduce, and the Government will evaluate the contractors on their contributions (whether self-reported or not).

The Government will assess the performance of each contractor using a scorecard approach (grades A-F). The Contracting Officer and Contractor will receive a copy of the evaluation. Contractors may provide comments, or responses, to the scorecards to the COR and the Contracting Officer within a week after receipt of the scorecard and grade.

Compliance

The Government will assess the performance of each contractor using a scorecard approach (grades A-F). The Contracting Officer and Contractor will receive a copy of the evaluation. Contractors may provide comments, or responses, to the scorecards to the COR and the Contracting Officer within a week after receipt of the scorecard and grade.

Staff Turnover/ Staff Greening

The Government will assess the performance of each contractor using a scorecard approach (grades A-F). The Government will review the contractor's submitted recruitment and retention plan as well as monitor the overall staff turnover. The Contracting Officer and Contractor will receive a copy of the evaluation. Contractors may provide comments, or responses, to the scorecards to the COR and the Contracting Officer within a week after receipt of the scorecard and grade.

12. STEPS FOR ORDERING

· Step 1

· Step 2

· Identify Requirement(s)

· Define Requirement(s) and Begin Acquisition Planning

a. STEP 1: IDENTIFY REQUIREMENTS As soon as the program office identifies a need, the Evolve Procurement Team should be contacted to begin early acquisition planning. The Evolve Procurement Team will provide acquisition strategy support and guidance for next steps.

b. STEP 2: PLAN THE ACQUISITION TOs issued under the Evolve IDIQ are not exempt from the development of acquisition plans IAW FAR pPart 7 Acquisition Planning and FAR pPart 39 Acquisition of IT.

When developing an acquisition plan for acquiring information technology solutions, the plan:

· Must conform to the AQM Review and Approval Matrix in terms of “formal” or “streamlined” and with the appropriate signature blocks based on the IGE.

· Is not required to adhere to the competition requirements in FAR pPart 6, the policies in FAR subpart 15.3 Source Selection or the Economy Act

· Must comply with all FAR requirements for a bundled contract when the Order meets the definition of “bundled contract” (See FAR 2.101[b])

· Should consider the use of modular contracting to reduce program risk (see 39.103[a]) as required by the Information Technology Reform Act and the 25 Point Implementation Plan to Reform Federal Information Technology (See OMB “Contracting Guidance to Support Modular Development” dated June 14, 2012)

· Must address FAR 7.102(a) which requires as part of acquisition planning, appropriate consideration of the use of pre-existing contracts, including intra-agency contracts to fulfill the requirement before awarding a new contract

· Give special consideration to high-risk contract types such as time- and- materials, labor- hour, or fixed price contracts with monetary incentives. Document the rationale for selecting other than firm-fixed-price contracts (See FAR 7.103 [e] and [j] and FAR 7.105 [b][3] respectively) and obtain the required approvals.

c. STEP 3: PREPARE THE SOLICITATION Evolve TOs shall use Performance Based Service Acquisitions to the maximum extent practicable.

i. Performance Based Service Acquisition (PBSA) Performance Based Contracting is outcome-based; meaning the contract measures the results to be achieved instead of “how” the work is to be performed. The Office of Federal Procurement Policy (OFPP) recommends that a Performance Work Statement be used, to the maximum extent practicable, when acquiring services IAW FAR 37.102(a). Pursuant to FAR 37.601(b), Performance Based Contracts for services shall include:

· A Performance Work Statement

· Measurable performance standards

· A method of assessing Contractor performance against performance standards

· Performance incentives where appropriate See the Evolve Procurement Team for templates and samples to build a manageable and quality-driven performance-based requirement.

ii. Performance Work Statement (PWS) A PWS identifies the technical, functional and performance characteristics of the government’s requirements. The PWS describes the work in terms of the purpose of the work to be performed rather than how the work is to be accomplished or the number of hours to be provided. A best practice is to invest enough time and effort up front to write a clear high-quality Performance Work Statement that will enable offerors to clearly understand the requirement and needs of the agency. This will enable offerors to price their quotations and submit higher quality technical quotations more accurately. Furthermore, it provides a baseline for the development of other parts of the solicitation, particularly the evaluation criteria and technical quotation instructions which are discussed in the paragraph below, “Solicitation.”

A clearly defined requirement also facilitates a more accurate independent government estimate and prospectively more accurate budgeting for option periods. Potential post award benefits include minimizing the need for change orders, better assessment criteria for judging Contractor performance and reduced claims and disputes.

iii. Statement of Objectives (SOO) A SOO is not a replacement for a PWS or SOW. A SOO may be used in the rare occasion that the requirement cannot be sufficiently defined by the government and requires Contractor input. Often a very brief document (commonly about 2 to 10 pages, depending upon complexity) which summarizes key agency goals and outcomes, to which Contractors respond with solutions. Note: there are pros and cons to using the SOO which add inherent risk to the government. A SOO should never be employed by program or contracting staff who lack the experience, training, or a thorough understanding of how to write and implement a SOO.

The SOO is different from a PWS approach in that offerors are asked to develop and propose a PWS, SOW, technical approach, performance standards/metrics and acceptable quality levels (commonly called a performance requirement summary [PRS]), incentives/disincentives, a Quality Assurance Surveillance Plan (typically based upon commercial practices) and pricing. There is risk in this process due to the Contractor’s latitude to “bake in” features, terms, or conditions that are beneficial to the Contractor at the expense of the government.

At a minimum, an SOO should contain the following information:

· Purpose

· Scope or mission

· Period and place of performance

· Background

· Performance objectives (i.e., required results)

· Any operating constraints Upon award, the agreed upon Contractor-supplied PWS or SOW, PRS incentives/disincentives (if any) and pricing should be incorporated into the resulting Order. **NOTE** a SOO, itself, should NEVER be incorporated to the contract in the place of a PWS or SOW.

iv. Incentives The CO must evaluate and determine the appropriateness of all incentive terms and develop a surveillance plan to implement and monitor an award-fee, incentive-fee, or award-term result IAW FAR subpart 15.4, Contract Pricing, and FAR subpart 16.4, Incentive Contracts. This is an area of increasing regulatory oversight pursuant to Section 867 of the NDAA 2009, P.L. 110-417.

v. Monetary Incentives Monetary-based incentive contracts, if not properly planned and streamlined, can prohibitively increase contract administration burden for the program office, the contracting office, and the Contractor(s). The Evolve Procurement Team will review monetary incentive-based contract types and provide advisement on the necessary level of contract administration oversight that is required by the requiring activity (program office) in order to effectively monitor performance and apply appropriate incentives IAW the contract’s terms and conditions.

vi. Award terms Award terms are additional contract option years (or periods) that the Contractor may earn through positive performance. Award term incentives are highly effective and a streamlined, low-cost way to motivate outstanding Contractor performance.

The Evolve Procurement Team can provide recommendations on ways to incentivize and measure desired performance outcomes using award terms. Below are some ways that award terms can be measured (this list is not all-inclusive):

· “Better than satisfactory” performance in all, or in some, areas of note within CPARS

· Demonstrated cost savings during the current performance period

· Demonstrated innovation that resulted in improved outcomes to the benefit of the government

· Customer Experience (CX) improvement or maintenance at high levels

· Faster delivery than required

vii. Solicitation Evolve solicitations are called Requests for Quotation (RFQs). The language is purposefully different because the definitions under FAR parts 13 and& 15 do not apply. The solicitation must include a SOW/PWS/SOO, evaluation factor(s), task ordercontract type, period and place of performance, due date, applicable quotation instructions and other information (DOSAR and AQM clauses, DS/IND security language) identifiable to the work effort. The RFQ will include evaluation factors tailored to the specific requirement.

Investing enough time and effort up front to write clear, high-quality requirements provides the government a baseline for the development of other parts of the solicitation, particularly the evaluation criteria and technical volume instructions. Clearly defined requirements facilitate a more accurate independent government estimate and more accurate budgeting. In addition, clearly defined requirements help industry to better understand the agency requirements and needs, facilitating more accurate pricing and higher quality technical quotations.

Simple, clearly stated evaluation factors are ideal. Keep the number of factors to a minimum whenever possible (3-4 factors is sufficient) and avoid using subfactors if unnecessary. The more complex the evaluation factors, the more administrative burden is applied to the technical evaluation team (TET). As more administrative burden is placed on evaluation, the likelihood of inconsistent evaluation practices and errors increases.

An additional best practice is to provide clear instructions for quotation preparation as well as keeping the required submissions to only the minimum necessary. This approach combined with streamlined evaluation factors should result in reduced administrative costs and time for both the Contractor and government in the quotation preparation and evaluation process. In addition, this facilitates increased competition and reduced procurement lead times, enabling Contractors to provide more innovative solutions at better prices. The result is probably fewer protests and the best value to the government with lower risk: a win-win for all parties.

Price must be an evaluation factor for all TOs.

Other selection factors should be limited to those few that are meaningful discriminators in assessing competing offers. Below are some examples of possible factors:

· Past performance (strongly encouraged)

· A risk analysis of the Order performance

· Strengths and weaknesses in performing the desired outcomes

· Management approach

· Technical approach

· Experience of key personnel

viii. Additional FAR and/or Any Specific Agency Provisions and Clauses Additional FAR provisions and clauses that are complimentary to Evolve may be added at the Order level.

Provisions and clauses that supplement the FAR, which are prescribed and included in authorized agency acquisition regulations may be included in the TO so long as they are consistent with Evolve terms and do not exceed its scope. The CO is responsible for clearly identifying the applicable provision and clause configurations in both solicitation and TOs.

ix. Other Solicitation Considerations Excluded Parties List Review Although an affirmative responsibility determination was made for each Evolve prime Contractor at time of award, review each quoter’s Reps and Certs and EPLS records at www.SAM.gov (this may be accomplished using a FedDataCheck Report by emailing the UEI to vendorreport@feddatacheck.com) prior to making an Order award. This policy is consistent with FAR 9.405-1 and the Office of Federal Procurement Policy Memorandum, “Contractor Responsibility Determinations and Indefinite Delivery Contracts," dated April 16, 2002.

Certification Regarding Responsibility Matters The CO shall insert the provisions at FAR 52.209-5 Certification Regarding Responsibility Matters and FAR 52.209-7 Information Regarding Responsibility Matters (applies over $500K).

Inverted Domestic Corporations (IDCs) Inverted domestic corporation, as defined in FAR 52.209-10, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). “Subsidiary” means an entity in which more than 50 percent of the entity is owned directly by a parent corporation; or through another subsidiary of a parent corporation.

The CO must assure they do not award to IDCs when using appropriated funds—unless they get a waiver from the Head of the Contracting Activity (HCA). Additionally, when issuing solicitations using appropriated funds the CO must include the following provision: FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations Representations (July 2009). FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (May 2012) has been added to the Evolve IDIQ via modification.

d. STEP 4: Issue Solicitations – Offer Fair Opportunity to All Evolve Primes The Symphony application shall be used for all issuance of RFQs. TOs issued under FAR 16.505 are not subject to the competition requirements in FAR pPart 6. A solicitation synopsis at www.SAM.gov is not required or recommended for TOs issued against indefinite delivery contracts.

The use of Symphony is the required method to broadcast an RFQ notice to all contract holders and satisfies the “fair opportunity to be considered” notification requirement.

i. Compete Requirement Offering Fair Opportunity to be Considered Since Evolve is a multiple award, indefinite delivery, indefinite quantity contract, fair opportunity (see FAR 16.505[b]), must be given to all primes, unless an exception applies pursuant to FAR 16.505 (b)(2) as indicated below.

TOs exceeding $6 Million must provide all awardees a fair opportunity and include at a minimum:

· A notice of the task or delivery order that includes a clear statement of the agency’s requirements;

· A reasonable response period;

· Disclosure of the significant factors and subfactors, including cost or price, that the agency expects to consider in evaluating proposals, and their relative importance;

· Where award is made on a best value basis, a written statement documenting the basis for award and the relative importance of quality and price or cost factors; and

· An opportunity for a post award debriefing.

ii. Exceptions to the Fair Opportunity Process The CO shall give every awardee a fair opportunity to be considered for TOs exceeding the micro-purchase threshold unless one of the following statutory exceptions applies:

1. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays

2. Only one awardee can provide the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized

3. The Order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an Order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original Order

4. It is necessary to place an Order to satisfy a minimum guarantee

5. For TOs exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

In accordance with FAR 16.505(b)(1), each Contractor shall be given a fair opportunity to be considered for each Order exceeding the micro-purchase threshold. The CO must determine and document the method used to ensure fair opportunity is provided to all Evolve Contractors. In accordance with FAR 16.505 (b)(1)(iii), if an exception to the fair opportunity process is used, the CO must ensure that justification, approval and posting requirements are completed in accordance with FAR 16.505(b)(2)(ii). For more information, see Appendix D on page 51: Summary of Justification, Approval and Posting Requirements. The contracting agency’s obligations to provide “a fair opportunity to be considered” for TOs in excess of $5M is not met unless “all Contractors” are provided the following (at a minimum):

1. A notice of the Order that includes a clear statement of the agency’s requirements

2. A reasonable period to provide a quotation in response to the notice

3. Disclosure of the significant factors and sub factors, including price, which the agency expects to consider in evaluating such quotations, and their relative importance

4. A written statement documenting the basis for the award and the relative importance of quality and price factors

5. An opportunity for a post-award debriefing if requested in a timely manner

iii. Streamlined Order Competitions/Multi-phased Approach Various multi-phased approaches are acceptable under FAR 16.505 (b)(1)(iv)(A)(5) and are totally discretionary on the part of the CO. The multi-phased approach may be appropriate when the effort required to respond to a potential Order solicitation is resource intensive. As appropriate, price and non-price factors should be considered in the initial evaluation.

FAR 16.505 (b) offers USERs the choice to design a multi-phased approach to streamline the selection process and reduce the administrative cost and effort for both government and Industry. Below are two examples of a multi-phased approach.

iv. Opt In/Opt Out Approach (Phased Solicitation)

1. Phase One

· Develop a preliminary RFQ that includes salient characteristics of the specific requirement (e.g., work synopsis, security clearance needs, specialized information, certifications required, deliverables, response requirements, etc.) and discloses the general basis on which selections will be made:

a. Instruct Contractors to inform the CO of their affirmative interest in the competition by the date shown in the preliminary RFQ, or they will not be included in Phase Two (stating that a non-response in the affirmative will constitute an opt-out)

b. Establish a response deadline that makes sense for Phase One

c. Transmit the preliminary RFQ to the entire IRM functional category to determine their interest in the competition, permitting them to opt-in or opt-out of Phase Two.

2. Maintain a record of the preliminary RFQ transmittal and responses in the Order file to document use of fair opportunity procedures.

3. The CO should include all Evolve Contractors that have indicated interest.

4. (Opted in) for further consideration in Phase Two.

2. Phase Two Please ensure that all Evolve prime Contractors who opted-in during Phase One receive a copy of the full RFQ in Phase Two. Historically, this process reduces the number of quotations by targeting those industry partners who have researched their current capabilities and availability and provide useful acquisition planning/logistical/milestone information.

a. White Paper Approach The white paper must provide eligible contractors with information that details any multi-phased approaches or processes and instructions on what elements to address within their submissions.

A “white paper” response may include price (e.g., not to exceed/rough order of magnitude) data as well as non-price information. Contractors may also be requested to give an oral presentation or demonstration(s). White papers, oral presentations or demonstrations are effective when paired with the phased solicitation approach.

After evaluating the Phase One white paper submissions IAW the established evaluation criteria, the government will document its determination as to which Contractors have a reasonable chance for award.

The government may opt to use a voluntary down-select process after Phase One. If a down-select is used, the Government will notify each Phase One participant of the viability of its approach and whether they have a reasonable chance of award (voluntary down-select). Contractors who have a reasonable chance for award are encouraged to participate in the next phase (e.g., submitting a written quotation) and Contractors who do not have a reasonable chance of award are encouraged to save their resources and not submit a written quotation. However, any offeror who participates in Phase One may choose to continue to participate in Phase Two.

Phase Two participants will receive the final solicitation and submit full technical and price quotations and/or participate in Orals if applicable. The government will evaluate the quotations and make an award IAW the established evaluation criteria.

Note: Users have the authority and flexibility to structure their multi-phased approach as deemed appropriate IAW FAR 16.505(b)(1)(IV)(A)(5). The approaches in this Ordering Guide are examples only and are not meant to be all-inclusive.

e. STEP 5: EVALUATE QUOTATIONS – PRICE AND OTHER THAN PRICE Technical Evaluators should evaluate quotations based on the methodology stated in the solicitation to maintain fairness in the Order process and mitigate protest risk. Either tradeoff or lowest price technically acceptable evaluations are valid best value methods and are authorized at the Order level. FAR-based and Department policy-based evaluation methods for assessing price and non-price aspects of quotes and quotations to achieve best value are useful guides for users.

i. Pricing-General The CO must provide a price analysis to determine whether the quoted pricing is fair and reasonable. The CO must also assess the overall reasonableness, allowability and allocability of the proposed ODCs (if any) IAW FAR 15.4 Contract Pricing and the cost principles in FAR Part 31. ODCs are addressed and handled IAW the applicable contract type. Technical evaluators do not assess TO pricing.

ii. Pricing Analysis Considerations

1. Firm Fixed Price (FFP) A FFP contract provides for a firm price that is not subject to any adjustment based on the prime Contractor’s cost experience in performing the contract. The CO must determine fair and reasonable pricing for all FFP Orders IAW FAR 15.4 Contract Pricing and Evolve. See the Evolve contract for more information.

2. Time and Materials (T&M) and Labor Hour (LH) Evolve provides maximum (not-to-exceed) loaded hourly labor rates for T&M and LH contract types. These loaded hourly labor rates may also be used to develop an Independent Government Estimate (IGE), as applicable within the Continental United States (CONUS).

Exceeding the maximum Evolve labor rate is generally prohibited and may result in deficiency of the quotation. If proposing rates higher than the loaded hourly labor rates, Contractors shall be required to explain and justify this in their quotations.