RFP 47QTCB20R0005_conformed to Amendment 2_07-29-20.pdf
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- 47QTCB20R0005
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8(a) STARS III GWAC Solicitation 47QTCB20R0005
Conformed RFP through Amendment 2: changes from the initial RFP are in blue italics
Section A Solicitation/Contract Form
The official SF33 is attached. The SF33 must be completed as described in Section L.
Section B Supplies or Services and Prices/Costs
B.1 General
B.1.1 The 8(a) Streamlined Technology Acquisition Resource for Services (STARS) III Governmentwide Acquisition Contract (GWAC) - a/k/a “STARS III”, is a Multiple Award, Indefinite-Delivery, Indefinite- Quantity (MA-IDIQ) contract to provide information technology (IT) services and IT services-based solutions which may include the integration of ancillary support which is necessary and integral to the IT services being acquired. STARS III Master Contract awards are reserved exclusively for qualifying Small Business Administration (SBA) certified 8(a) prime contractors with competitive prices.
B.1.2 While STARS III is reserved for 8(a) prime contractors, it also incorporates authority for Ordering Contracting Officers (OCOs) to set aside task orders among the contract holders for various small business types listed in Federal Acquisition Regulation (FAR) 19.000(a)(3), pursuant to FAR 16.505(b)(2)(i)(F). This provides OCOs the ability to target by set-aside a specific sub-group of the STARS III contract holders for task order award.
B.1.3 Herein, STARS III may also be referred to as the “Master Contract”, while task orders issued against the Master Contract may also be referred to as “Orders.”
B.1.4 The Contractor must provide all management, supervision, labor, facilities and materials necessary to perform all contract requirements specified in both the Master Contract and Orders.
B.2 Authority
B.2.1 The Administrator of the U.S. General Services Administration (GSA) is specifically authorized to purchase supplies and nonpersonal services on behalf of other agencies under the Federal Property and Administrative Services Act (40 U.S.C. 501).
B.2.2 STARS III is established under the authority of the Small Business Act (P.L. 85-536, as amended), 15 U.S.C. 637(a), 13 C.F.R.124 and FAR subpart 19.8; and is operated in concert with authority from the Office of Management and Budget (OMB), which has designated the GSA as an Executive Agent (EA) for Governmentwide IT acquisitions pursuant to Section 5112(e) of the Clinger-Cohen Act, 40 U.S.C.
11302(e). The scope of this designation includes GSA’s role and responsibility to award and administer the Master Contract, and to grant a Delegation of Procurement Authority (DPA) to warranted contracting officers for the award and administration of the Orders.
B.2.3 The authority of the GSA Procuring Contracting Officer (PCO), GSA Administrative Contracting Officer (ACO) and Ordering Contracting Officers (OCO) are defined in Section G (Contract Administration Data).
B.3 Economy Act
The Economy Act does not apply to GWACs. GWACs are multiple award task order or delivery order contracts used by other agencies to procure IT products and services outside of the Economy Act. (Refer to FAR 2.101 and FAR 17.502-2(b)). The specific statutory authority 40 U.S.C. 11302(e) designates the head of one or more executive agencies, such as the U.S. General Services Administration, as Executive Agent for government-wide acquisitions of IT.
B.4 Maximum Master Contract Ceiling and Minimum Awardee Guarantee
B.4.1 Pursuant to FAR 16.504(a), the total maximum quantity of all supplies and services ordered against the Master Contract (for all awardees combined) will not exceed $50 Billion, including any Master http://www.law.cornell.edu/uscode/text/40/11302#e
Contract options. The Government may increase the Master Contract ceiling / maximum value unilaterally in order to ensure the availability of the Master Contract for the entire ordering period.
B.4.2 The total minimum guarantee at the Master Contract level is $250 per awardee. The minimum guarantee will be considered satisfied when an awardee receives task order work valued at or over $250.
The exercise of a Master Contract option does not re-establish the minimum guarantee. Basic Contract awardees without $250 or more in Orders have a maximum of 60 calendar days after the expiration of their contract, or termination for the Government’s convenience, to request its minimum guarantee in writing from the STARS III Contracting Officer. Termination for default will result in forfeiture of the minimum guarantee.
B.5 Performance-Based Acquisition Preference
Pursuant to FAR 37.102(a)(2), the OCO should use performance-based acquisition methods to the maximum extent practicable using the following order of precedence.
(1) Firm-fixed Price Performance-Based
(2) A Performance-Based Order that is not Firm-Fixed Price
(3) An Order that is not Performance-Based
B.6 GWAC Contract Access Fee (CAF)
B.6.1 GSA’s operating costs are reimbursed through a Contract Access Fee (CAF) charged on all Orders placed against the Master Contract. The CAF is paid by the ordering agency, but remitted to GSA by the Contractor. GSA maintains the unilateral right to establish and change the CAF rate. GSA will provide reasonable notice prior to the effective date of any change to the CAF payment process. Changes to the CAF only apply to Orders awarded after the change is announced.
B.6.2 The CAF rate, which is currently 0.75%, is applied to the total amount paid on each invoice (including ancillary support and travel).
B.6.3 Based on the established CAF rate, the Contractor must include the CAF in each quote/proposal.
The Contractor must include the CAF as a separate element / line item on all quotes/proposals to the government, regardless of contract type. The CAF must never be treated as a negotiable element between the Contractor and the ordering agency.
B.6.4 If a customer organization has negotiated a CAF rate based on a special written agreement and/or Memorandum of Agreement by the GWAC Program that is other than the established CAF rate, GSA will provide notification to Contractors.
B.6.5 Contractors are responsible for collecting CAF from ordering agencies and for remitting CAF to GSA in accordance with contract requirements.
B.7 Order Types
B.7.1 Order contract types permitted include FAR 16.2 Fixed-Price contracts; FAR 16.4 Incentive contracts; FAR 16.601 Time-and-Materials contracts; and FAR 16.602 Labor-Hour contracts. These contract types may be used individually or in combination within a single Order comprising multiple Contract Line Item Numbers (CLINs). Orders may also incorporate FAR 17.1 Multi-year Contracting and FAR 17.2 Options. Cost Reimbursement (FAR Subpart 16.3) Orders are not allowed.
B.7.2 There is a regulatory order of precedence for contract types which prioritizes fixed price work over all other contract types.
B.7.3 The following are not allowed on STARS III:
(1) Blanket Purchase Agreements (BPAs)
(2) Letter Contracts
(3) Indefinite Delivery/Requirements type Orders
(4) Orders for which IT services or IT Services-based solutions are not the principle purpose
(5) All other Orders that do not fall within the Master Contract’s scope as defined throughout the contract, including but not limited to Section C.
B.7.4 Renting and leasing of personal or real property is not allowable. However, leases may be part of an IT services-based solution, provided:
(1) The rented/leased item is considered ancillary support as outlined in paragraph C.3.
(2) The Government will not be the lessee and it will not be liable for cancellation fees should an option not be exercised.
(3) There are no lease-like (incremental) payment arrangements to purchase items, which purport to permit the Government to receive delivery of items and then pay for the full cost of the items over time.
B.8 Order Pricing (All Order Types)
B.8.1 Fixed Price Order Type
The OCO must determine fair and reasonable pricing for all Fixed-Price Orders in accordance with FAR subpart 15.4, FAR subpart 16.2, applicable law, and agency regulation/policy. STARS III is a competitively awarded 8(a) Master Contract. Fixed price proposals must include the CAF as a separate element/line item. When calculating the fixed price, the CAF must be applied last.
B.8.2 Incentive Order Type
The OCO must determine fair and reasonable pricing for any incentives in Orders and develop a plan to implement and monitor an award-fee, incentive-fee, or award-term result in accordance with FAR subpart 15.4, FAR subpart 16.4, and customer agency policy.
B.8.3 Time-and-materials (T&M) and Labor-hour (LH) Order Types
B.8.3.1 The Master Contract establishes fully burdened, maximum labor rates. These maximum labor rates, as well as subsequent rates offered for Orders, must be inclusive of all direct and indirect costs (e.g., profit, fringe benefits, salary, indirect rates), personnel and/or facility security clearance up to the Secret level for performance within the Contiguous United States (CONUS) and non-foreign work areas.
These maximum rates apply exclusively to T&M and LH Orders. Include the CAF as a separate element/line item based on the not to exceed amount of the Order, including any Ancillary Support.
B.8.3.2 The fully burdened labor rates will be publicly posted at a time and location determined at GSA’s sole discretion.
B.8.3.3 Except as specifically allowed elsewhere in the Master Contract, labor rates at the Order level must not exceed the Master Contract labor rates. Although Master contract labor rates resulted from competition, it is anticipated that competition and/or negotiation at the Order level may result in even more competitive pricing than the Master Contract rates. The OCO is responsible for considering the level of effort and the mix of labor proposed to perform a specific task being ordered, and for determining price reasonableness in accordance with FAR subpart 15.4, Pricing, and FAR 16.601, Time-and-Materials contracts.
B.8.3.4 Master Contract maximum labor rates were established based on Order performance in the Washington-Baltimore-Arlington, DC-MD-VA-WV-PA area as defined by the U.S. Office of Personnel Management (OPM). Ordering agencies may adjust labor rates on Orders with a place of performance outside the Washington-Baltimore-Arlington, DC-MD-VA-WV-PA area based on current geographic locality areas and differentials as published annually by OPM. These areas and rates are subject to change. See Attachment J-3 for localities and differentials as of January 2020 and the GWAC Ordering Guide for the most current information.
B.8.3.5 The OCO is authorized to establish different fully burdened labor rates suited to meet unique requirements at the Order level such as: foreign work area requirements, work requiring personnel and/or facility security clearance higher than secret, and/or local taxes. In the rare instance that a Contractor must propose a rate in excess of a maximum rate, the Contractor must provide the OCO with a detailed rationale supporting the rate. The OCO may consider this submitted rationale when evaluating whether to accept a proposed rate in excess of a maximum rate. The OCO is responsible for determining fair and reasonable pricing for such work in accordance with FAR subpart 15.4 and FAR 16.601
B.8.4 Upon request of the OCO, the Contractor must provide other than certified cost or pricing data as well as other supporting information the OCO deems necessary in accordance with FAR 15.403.
B.9 Travel Pricing (All Order Types)
B.9.1 If authorized in the task order, travel will be reimbursed in accordance with the limitations set forth in FAR 31.205-46, Travel costs. Profit must not be applied to travel costs. To the extent authorized in the Order, contractors may apply indirect costs to travel in accordance with the Contractor’s usual accounting practices consistent with FAR subpart 31.2.
B.9.2 Travel will typically be a separate not-to-exceed amount on Orders.
B.9.3 CAF must be applied to travel, as invoiced. (See Section G, paragraph G.18)
B.10 Labor Subject To the Service Contract Labor Standards (SCLS)
B.10.1 The Master Contract labor categories are considered bona fide executive, administrative, professional labor and generally exempt from the SCLS if used to perform professional IT services.
B.10.2 To the extent any labor is subject to the SCLS and within the scope of an Order and the Master Contract, the OCO must identify such work under a separate CLIN and apply wages in accordance with FAR subpart 22.10.
B.10.3 The Master Contract does not include all applicable flow-down clauses for labor categories subject to the SCLS. Each Order must be tailored to include the appropriate clauses.
B.11 Labor Subject To the Construction Wage Rate Requirements (CWRR) Statute
B.11.1 To the extent construction, alteration and repair are subject to the CWRR and within the scope of an Order and the Master Contract; the OCO must identify such work under a separate CLIN on the Order and apply wages in accordance with FAR 22.403-1, Construction Wage Rate Requirements statute.
B.11.2 Any construction, alteration and repair must be firm fixed price, even if other aspects of the Order are another Order type/Contract terms. It is recognized that modifications to construction line items may not initially be fixed price as the Government works through a change order and/or modification process.
In such situations, the FAR instructs that such work should be fully definitized as soon as practicable, and certainly before closeout.
B.11.3 The Master Contract does not include all applicable clauses for labor categories subject to the CWRR. Each Order must be tailored to include the appropriate clauses. FAR part 36, or authorized customer agency supplement, is a primary reference for construction contracting regulations.
B.12 Work Outside the Contiguous United States (OCONUS)
B.12.1 Contiguous United States (CONUS) means the 48 contiguous States and the District of Columbia, as defined in FAR 2.101.
B.12.2 Non-foreign area means the States of Alaska and Hawaii, the Commonwealths of Puerto Rico, Guam and the Northern Mariana Islands and the territories and possessions of the United States (excludes the Trust Territories of the Pacific Islands).
B.12.3 Foreign area means any area, including the Trust Territories of the Pacific Islands, situated both outside CONUS and the non-foreign areas.
B.12.4 It is anticipated that there may be Orders for work in foreign areas. The Department of State Standardized Regulations (DSSR) addresses foreign area allowances and benefits for U.S. Government civilians. The U.S. Department of State’s Bureau of Administration, Office of Allowances, (https://www.state.gov/) publishes quarterly report indexes of living costs abroad, per-diem rate maximums, quarter’s allowances, hardship differentials, and danger pay allowances. OCOs are authorized to select a foreign area pricing approach consistent with the DSSR that is tailored to their order requirements. If a task order request (TOR) includes foreign area work and the OCO has not identified a preferred foreign area pricing approach, contractors may include a foreign area pricing approach consistent with the DSSR and will explain and justify it in their task order quote/proposal. OCOs will determine if the approach results in a fair and reasonable price in accordance with the DSSR, FAR subpart 15.4, and FAR part 16 as applicable to Order types authorized by the Master Contract. Upon request of the OCO, the Contractor must provide other than cost or pricing data to support their proposal(s).
B.12.5 The Master Contract does not include all applicable clauses for foreign area work. Each TOR, and the resulting Order, must be tailored to include appropriate clauses.
B.13 Master Contract Option Period Pricing
B.13.1 If the Government exercises the Master Contract option period, maximum labor rates will be determined by escalating the contract year five maximum labor rates using a Bureau of Labor Statistics (BLS) Employment Cost Index (ECI). The specific ECI to be applied by the Government as the basis for adjustment is “Table 5: COMPENSATION (NOT SEASONALLY ADJUSTED) for total compensation for private industry workers, by occupational group and Industry, Professional, scientific, and technical services”. A simple “percentage” method will be used based on the average of the five previous full years of ECI data to make a one-time contract escalation.
B.13.2 The calculated escalation rate will be applied consecutively for the Master Contract option period (including the FAR 52.217-8 option) as well as for the five years Orders may run beyond the end of the ordering period. As a result, each year of performance under the Master Contract will have separate pricing.
B.13.3 The escalation will be calculated three months prior to exercising the Master Contract option period, using the latest published ECI information available at that time and implemented at the beginning of the Master Contract year six, if exercised.
B.13.4 The Government does not intend to perform re-determinations or apply escalated rates retroactively to Orders awarded during the Master Contract Base ordering period unless an Order specifically provides for such retroactive re-determination.
https://www.state.gov/
Section C Description/Specifications/Statement of Work
C.1 Scope
C.1.1 The Master Contract scope provides Federal agencies with customized IT services and IT services-based solutions, both commercial and non-commercial, as defined in the Clinger-Cohen Act and FAR
2.101. Customized IT services-based solutions can be tailored to meet an agency’s particular mission needs and may include new and emerging technologies that evolve over the life of the Master Contract.
The principal nature of any resulting Order must be for IT services; however ancillary support may be included when it is integral to and necessary for the IT services-based effort. Services may be performed at Government and/or Contractor locations worldwide, as specified in each Order.
C.1.2 Examples of work to be performed relative to Order requirements include the following. These examples are not meant to be all-inclusive, but rather general indications of the types of services within a given IT services-based solution. Other services not listed as examples, but which adhere to the definition of IT, are within scope and may be provided to meet an agency’s particular mission needs.
(1) Data Management
(2) Information and Communications Technology
(3) IT Operations and Maintenance
(4) IT Security / IT workforce augmentation
(5) Software Development
(6) Systems Design
C.1.3 The primary North American Industrial Classification System (NAICS) code for the Master Contract is designated as 541512, Computer Systems Design Services. Requirements that align with other IT services NAICS codes are within the scope of the STARS III GWAC. These NAICS codes include, but are not limited to: 541511, 541513, 541519, 518210.
C.2 Scope Sub-Areas
The contract provides two scope sub-areas which are available to provide fair opportunity for TOR requiring either emerging technology or performance outside of a CONUS location. OCOs have absolute discretion in identifying the area/sub-area under which fair opportunity is provided.
C.2.1 Scope Sub-Area 1: Emerging Technology-Focused IT Services
C.2.1.1 This sub-area provides for IT services-based solutions which involve emerging technology (ET) innovation to securely accelerate transformation and advance mission outcomes. A TOR fits in this sub-area if it includes IT services-based solutions with ET as the focus.
C.2.1.2 ET can be understood as evolving state-of-the-art information technologies and their use in solutioning to improve and/or transform business processes and enhance mission delivery. ET includes those technologies that are not yet mature in the marketplace and have the potential for wide-spread adoption. These technologies are in the early stages of their life cycles and have been implemented by early adopters.
C.2.1.3 Rather than specifying predetermined technology solutions, agencies considering ET are encouraged to succinctly focus on articulating in the TOR the business problems they face, e.g. through the use of a statement of objective approach.
C.2.1.4 ET activities include, but are not limited to:
(1) Analyzing, designing and applying the knowledge needed to investigate and provide an ET solution.
(2) Providing technical expertise and guidance to plan, conduct, technically direct, document, test and assess ET implementations, including operating and sustaining ET implementations.
(3) Analyzing the trade-off of implementing vs. not implementing ET, including cost-benefit analysis.
C.2.1.5 Illustrative ET examples include but are not limited to:
(1) Artificial Intelligence (including Machine Learning, Deep Learning/Neural Networks, Natural Language Generation)
(2) Autonomic Computing
(3) Blockchain / Distributed Ledger
(4) Quantum Computing
(5) Robotic Process Automation
(6) Technological Convergence
(7) Virtual Reality (including Augmented Reality, Extended Reality, Mixed Reality)
C.2.2 Scope Sub-Area 2: IT Services performed outside of CONUS
C.2.2.1 This sub-area provides for IT services-based solutions to be performed outside the contiguous United States (OCONUS). A TOR can fit in this sub-area if the scope is primarily IT services and it includes performance in an OCONUS location.
C.2.2.2 OCONUS work locations include the non-foreign work areas of Alaska and Hawaii, the Commonwealths of Puerto Rico, Guam and the Northern Mariana Islands and the territories and possessions of the United States (excluding the Trust Territories of the Pacific Islands) as well as foreign work areas (see B.12).
C.3 Ancillary Support
C.3.1 IT services-based solutions may include work that, on its own, might not be considered IT. That work is characterized as “Ancillary Support.” Ancillary Support can be structured in Orders consistent with the overall Order type, or as part of a hybrid Order type approach, consistent with the Pricing section.
OCOs clearly express the desired Order type(s) for Ancillary Support in TORs and resulting Orders.
C.3.2 Ancillary Support can be categorized as Ancillary Services and Ancillary Equipment, as shown below:
C.3.2.1 Ancillary Services (IT project planning/management; clerical support; training; construction, alteration and repair; telecommunications/wireless transport; additional labor categories; etc.) must be integral and necessary for the IT services-based solution.
C.3.2.2 Ancillary Equipment (hardware, software, software licenses, racks, mounts, etc.) may be purchased if it is integral and necessary for the IT services-based solution.
C.3.3 IT Services must remain the principal purpose of the Order and the ancillary support must be integral and necessary for the IT services-based solution. The Contractor must not accept or perform work for an Order having the principle purpose of:
(1) Ancillary Support
(2) Personal services as defined in FAR Subpart 2.101(b)
(3) A requirement that primarily uses employees not employed in a bona fide executive, administrative, or professional capacity as defined in 29 CFR Part 541 and/or employees primarily employed as labor or mechanics as defined in FAR subpart 22.401.
C.4 Ancillary Telecommunications/Wireless
Telecommunications, wireless, and satellite products and services may be purchased as part of an overall IT services-based solution. The sole purpose of a requirement may not be for a commodity (e.g.
land mobile radios) or transport services or wireless connectivity. Section 889 of Public Law No: 115-232 and associated regulations are important considerations for ancillary telecommunications/wireless.
C.5 Labor Categories for T&M and LH Orders
C.5.1 The labor categories provided in the Master Contract for time and materials (T&M) and labor-hour (LH) are very robust, and consistent with FAR 39.104 were written without minimum education and experience requirements - preferring instead to focus on competencies and responsibilities. Attachment J-2 contains the labor category definitions.
C.5.2 OCOs may consider different labor categories for T&M and LH Orders when deemed necessary.
These labor categories should include specialized skill sets not already clearly part of an existing labor category. The OCO is responsible for pricing these different labor categories pursuant to FAR subpart 15.4, the TOR’s scope and the contract type(s).
C.6 Performance Work Statement (PWS)
The Master Contract is a stand-alone Performance-based Acquisition (PBA) independent from task order PBA requirements. The Master Contract PWS is limited to post award contract administration performance and reporting requirements as noted throughout Sections G and H. Critical performance standards are established for the Master Contract in Attachment J-1 Performance Requirements Summary (PRS). The PRS listings of Performance Objectives indicate the performance level required by the Government to meet the Master Contract requirements. For Orders issued under the Master Contract, OCO’s will develop and execute their own PWS and PBA methods independent of the Master Contract PWS and PBA requirements.
Section D Packaging and Marking
Not applicable at the Master Contract level. FAR and/or agency provisions and clauses which are complementary to the existing Master Contract provisions and which are applicable at the Order level must be added by the OCO.
Section E Inspection and Acceptance
E.1 52.252-2 Clauses - (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at: www.acquisition.gov/FAR
The following clauses apply to the Master Contract and may apply at the task order level, as applicable, depending upon the task order contract type, or as specifically referenced in the applicable task order for different line items:
FAR Clause Title Date
52.246-2 Inspection of Supplies-Fixed-Price Aug 1996 52.246-2 Alternate I Jul 1985 52.246-2 Alternate II Jul 1985 52.246-4 Inspection of Services-Fixed-Price Aug 1996 52.246-6 Inspection-Time-and-Material and Labor-Hour May 2001 52.246-7 Inspection of Research and Development-Fixed-Price Aug 1996 52.246-11 Higher-Level Contract Quality Requirement Dec 2014 52.246-15 Certificate of Conformance Apr 1984 52.246-16 Responsibility for Supplies Apr 1984
E.2 Inspection and Acceptance
The following section applies to the Contractor at the Master Contract level. Inspection of the deliverables provided hereunder will be made by the GSA GWAC PCO, COR or other Inspectors designated by the Contracting Officer. The place of inspection for reports required under this contract will be at the addresses for deliverables set forth in Section F. Final acceptance of deliverables will be made by the GSA GWAC COR (See G.4.4) designated in the contract.
E.3 Task Order Contracting Officer Representative (COR)
The OCO may designate CORs for individual task orders issued under this contract. Designated CORs may participate in the administration of the task orders by evaluating contractor performance, inspecting and accepting services for the Government, and providing a report of inspection as well as contractor performance assessments to the Ordering Contracting Officer. This designation does not include authority to direct and/or authorize the contractor to make changes in the scope or terms and conditions of the task order without written approval of the Ordering Contracting Officer. The Contractor will be notified in writing by the Ordering Contracting Officer of the name, duties, and limitations of the CORs by means of the COR Designation Letter.
Ordering Contracting Officers should provide their agency specific inspection, acceptance, and quality assurance requirements within their task orders.
http://www.acquisition.gov/FAR
Section F Deliveries or Performance
F.1 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at: www.acquisition.gov/FAR
The following clauses apply at the Order level, as applicable, subject to specific delivery and performance requirements as set forth in the applicable Order.
52.242-15 Stop-Work Order Aug 1989 52.242-17 Government Delay of Work Apr 1984 52.247-34 FOB Destination Nov 1991
F.2 Master Contract Ordering Period
F.2.1 The Master Contract ordering period is one five-year base period with one three-year option period.
Per FAR 52.217-9, the three-year option period is a unilateral government right and is not guaranteed.
F.2.2 The Master Contract ordering period does not commence at contract award. Instead, it begins after contract award, upon issuance of a written notice to proceed (NTP) by the Contracting Officer.
F.2.3 After the Master Contract ordering period expires, the Master Contract will remain an active contract until performance of the final Order is completed and will govern the terms and conditions with respect to active Orders to the same extent as if it were completed during the Master Contract ordering period.
F.2.4 GSA reserves the right to solicit for, award and issue NTP for multiple next generation 8(a) STARS GWACs during STARS III. This could result in overlapping ordering periods at the Master Contract level.
Master Contract Ordering Period Task Order Performance beyond Contract Ordering Period (No new Orders allowed)
Base Ordering Period Option Ordering Period
Contract Year
1 2 3 4 5 6 7 8 9 10 11 12 13
Dates * TBD to
TBD
TBD
to
TBD
TBD
to
TBD
TBD
to
TBD
TBD
to
TBD
TBD
to
TBD
TBD
to
TBD
TBD
to
TBD
TBD
to
TBD
TBD
to
TBD
TBD
to
TBD
TBD
to
TBD
TBD
to
TBD
* Actual dates will be provided following contract award and notice to proceed
Table F-1: 8(a) STARS III Contract Years
F.3 Task Order Period of Performance
F.3.1 The period of performance (PoP) for each Order issued against the Master Contract must be specified in the individual Order. Orders may only be issued during the Master Contract ordering period.
Under no circumstances will a new Order be issued if the Master Contract is not in effect (i.e. expired, cancelled, or terminated).
F.3.2 An Order may be issued, with or without option periods, provided:
(1) The Order PoP is consistent with the customer agency’s policy and fiscal law on task order duration and funding.
(2) The Order PoP is not greater than five years beyond the final day of the Master Contract ordering period.
F.3.3 An OCO may exercise a pre-priced Order-level option even if the Master Contract ordering period is no longer available for new Orders.
F.4 Contract Deliverables Summary
The following table summarizes deliverables under the Master Contract. Individual Orders may have additional deliverables as specified in each Order by the issuing agency. The Government does not waive its right to request deliverables under the Master Contract, even if such requirements are not specifically listed in this table.
ID Reference Deliverable Title Frequency Deliver To
1 G.5 Contractor’s Program Manager
Within 30 calendar days after the Notice to Proceed and/or any change
S3@gsa.gov and Government Designated Systems
2 G.7 Contractor Webpage Within 30 calendar days after the Notice to Proceed and periodic updates
Contractor Webpage, with notification to S3@gsa.gov
3 G.8 Establish a shared company email address
Within 30 calendar days after the Notice to Proceed
S3@gsa.gov
4 G.17 Order Award and Modification Data
Report within 30 calendar days after the month the document was signed by the OCO
Government Designated System
Invoice Data Due within 30 calendar days after the month in which the invoice(s) was paid
Zero Invoice Data Due by end of each calendar month if no invoices were paid
CAF Remittance Data
Due within 30 calendar days after the month in which the CAF was paid
Missing or Inaccurate data
Data corrections are due within ten (10) calendar days of notification, or as directed by the GWAC Program
5 G.17.4 Order Verification and Validation
Within 6 months after task order period of performance ends
Government Designated System
6 G.18 CAF Remittance CAF must be paid within 30 calendar days following the month in which the invoice is paid.
Government Designated System
7 G.19 Subcontracting Reports
Subcontracting data must be current no later than 30 calendar days after each annual reporting period
Government Designated System
8 G.20 Annual SCRM Plan Update
Annually from contract award date
S3@gsa.gov
9 G.21 Data Calls Occasional surveys, due as indicated in request
As indicated in request
10 GSAM
552.204-70
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
Annually from contract award date
S3@gsa.gov
11 FAR
52.222-50
Combating Trafficking in Persons.
Annually from contract award date
S3@gsa.gov
Table F-2: Contract Deliverables Summary
Section G Contract Administration Data
G.1 General
This section provides procedures and establishes responsibilities regarding contract administration for the Master Contract, and where applicable, for each Order placed against the Master Contract. Additional contract administration requirements may be specified in each Order. Costs associated with these requirements will not be billed as a direct cost to the Government.
G.2 Authorized Users
Pursuant to FAR 16.504(a)(4)(v), use of this contract is limited to Executive Agencies and other Federal Government entities (for reference, see GSA ORDER OGP 4800.2I, Eligibility to use GSA Sources of Supply and Services (and any future versions)). The GSA Order is publicly available and accessible for review on GSA’s website http://www.gsa.gov/directives-library
G.3 Ombudsman
In accordance with FAR 52.216-32 and GSAR 552.216-76, disputes at the Order level will be directed to the ordering agency’s designated Ombudsman.
G.4 Roles and Responsibilities
This section describes the roles and responsibilities of Government personnel at the Master Contract level. GSA reserves the right to modify the roles and responsibilities at any time during the ordering period of the Master Contract.
G.4.1 Procuring Contracting Officer (PCO)
G.4.1.1 The PCO is the sole and exclusive government official with actual authority to award the Master Contract. After award of the Master Contract, the PCO may delegate any or all of the contract administration functions described in FAR 42.302 to an Administrative Contracting Officer.
G.4.1.2 GSA reserves the right to assign multiple PCOs to this contract each empowered with the same duties and authority.
G.4.2 Administrative Contracting Officer (ACO)
Contracting responsibilities not specifically delegated by the PCO to an ACO are reserved to the PCO.
G.4.3 Ordering Contracting Officer (OCO)
G.4.3.1 Only a duly warranted Contracting Officer (as defined in FAR subpart 2.1) who has received a Delegation of Procurement Authority (DPA) from the PCO may issue and administer an Order against the Master Contract. For purposes of this Master Contract, these individuals are identified as Ordering Contracting Officers (OCOs).
G.4.3.2 The OCO for each Order is the sole and exclusive Government official with actual authority to take actions which may bind the Government for that Order. No work may be performed; no debt or obligation accrued and no payment may be made except as authorized by a bona-fide written order signed by an OCO holding a written STARS III DPA.
http://www.gsa.gov/directives-library http://www.gsa.gov/directives-library
G.4.4 Contracting Officer’s Representative (COR)
G.4.4.1 The STARS III PCO may designate one or more Contracting Officer’s Representatives (COR) to perform specific technical or administrative functions at the Master Contract level. The specific rights and responsibilities of the COR will be described in writing. A COR has no actual, apparent or implied authority to bind the Government.
G.4.4.2 The OCO may designate CORs for individual Orders issued.
G.5 Contractor’s STARS III Program Manager
G.5.1 The Contractor must provide a senior program manager of the STARS III GWAC at no direct cost to the Government. The Program Manager’s responsibilities include, but are not limited to:
(1) Assuring that the contractor’s engagements with customers are accurate and consistent with STARS III’s scope;
(2) Promote STARS III to the Federal government through participation in trade shows, conferences, and other meetings where federal government personnel are present;
(3) Promoting contractor identity as a STARS III contract holder by using the approved GSA logo in advertising, placing these identifiers in printed and on-line communications; displaying STARS III promotional placards; and, disseminating STARS III marketing materials;
(4) Educating and training Contractor staff to ensure effective communication with existing and potential customers regarding STARS III’s technical scope, value proposition, and benefits;
(5) Thorough, timely and accurate reporting as required by the Master Contract and Orders;
(6) Resolving performance issues at the Order level.
G.5.2 The Program Manager’s name, email address, and telephone number will be emailed to S3@gsa.gov within 30 calendar days of the Notice to Proceed and provide updated information any time there is a change in the Program Manager or their contact information.
G.6 Electronic Access to Contract
The Government will post a conformed version of the Master Contract and associated ceiling prices on its STARS III website.
G.7 Contractor Webpage
G.7.1 The Contractor will develop and maintain a current, publicly available web page accessible via the Internet throughout the Master Contract ordering period. The Contractor will provide the web address to S3@gsa.gov within 30 days after the receipt of Notice to Proceed. The Contractor will ensure all information provided on their webpage is maintained until Master Contract closeout. At a minimum, the webpage must include the following items:
(1) Link to the GSA STARS III website (www.gsa.gov/s3)
(2) Master Contract Number
(3) Contractor DUNS/UEI Number, CAGE Code
(4) Contact information of the Contractor’s Program Manager
G.7.2 The webpage will be prominently located on the Contractor’s website where other Government contracts are listed. The purpose of the webpage is for the Contractor to communicate with potential customers regarding the Contractor’s ability to provide world-class IT services and IT services-based solutions under the Master Contract.
G.7.3 This webpage at a minimum, must conform to the relevant accessibility standards referenced in Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended by the Workforce Investment Act of
1998 (P.L. 105-220), August 7, 1998, Section 1194.22, Web-based Intranet and Internet Information and Applications.
G.8 Electronic Communications
G.8.1 The Contractor must establish, monitor and maintain a STARS III GWAC electronic mailbox for receipt of communications relating to the STARS III GWAC from Master Contract Notice to Proceed through Master Contract closeout. This mailbox must be maintained and monitored as it is an acceptable forum for providing fair opportunity to be considered on task order requests. The electronic mailbox name must include “STARS3@”, e.g. STARS3@xyzcorp.com. The only characters prior to the “@” will be “STARS3”. The Contractor will provide the email address to S3@gsa.gov within 30 days after the receipt of Notice to Proceed.
G.8.2 The Contractor must establish, monitor and maintain an active account in the GSA eBuy (www.ebuy.gsa.gov) and GSA’s Assisted Acquisition Services Business System (AASBS) systems (portal.fas.gsa.gov), which may be used to compete TORs and announce Order awards. Contractor obligations regarding these systems guarantees to OCOs that TOR postings are sent to and received by the Contractor.
G.8.3. The Contractor will notify the STARS III PCO (s3@gsa.gov) of any update to its contact information as listed on the GSA’s 8(a) STARS III website, and is responsible for verifying requested changes have been made.
G.9 Meetings
G.9.1 Post-Award Orientation Conference
The Contractor’s designated STARS III Program Manager, or their designee, must attend a mandatory Post-Award Orientation Conference after the Notice to Proceed that will be held at a time and place to be determined by the STARS III GWAC PCO (FAR 42.503-1) at no additional cost to the Government. The purpose of the Post-Award Orientation Conference is to aid both the Contractor and the Government in achieving a clear and mutual understanding of all contract requirements in the Master Contract and identify and resolve potential issues. This conference may also be conducted via a virtual webinar.
G.9.2 Program Management Review
The STARS III Program may conduct up to two (2) mandatory Program Management Review (PMR) meetings per year. PMR meetings may be held at a government or commercial facility, a commercial conference center; or occasionally held at a mutually agreed-upon Contractor facility on a rotational basis.
PMR meetings may also be conducted via a virtual webinar. The Contractor’s Program Manager, or their designee, will be required to attend and participate at all PMR meetings. The STARS III PMR meetings provide a platform for Contractors, GWAC Center staff, and other GSA & non-GSA agency representatives to communicate current issues, resolve potential problems, discuss business and marketing opportunities, review future and ongoing GSA and government-wide initiatives, speak to Contract Administration matters, and address Master Contract fundamentals.
G.10 Ordering Procedures
G.10.1 Ordering procedures must comply with FAR 16.505.
G.10.2 Any services, including ancillary support, to be furnished under this contract will be ordered by issuance of written Orders. Oral orders are not authorized. An Order specifies and authorizes the work to be performed by the Contractor. The Order will include pricing and a work statement (e.g. statement of work (SOW), performance work statement (PWS) or statement of objectives (SOO)). Per FAR 19.102(b), http://www.ebuy.gsa.gov/ http://portal.fas.gsa.gov/ mailto:s3@gsa.gov all Orders must reference the applicable NAICS code which best describes the principal purpose of the IT services being acquired.
G.10.3 Orders may only be issued within the Master Contract’s scope, period and ceiling / maximum value.
G.10.4 Contractor due diligence, preparation, presentation, and discussion of the Offeror’s proposal in response to a TOR will be at no direct cost to the Government.
G.10.5 All Orders issued against the Master Contract are subject to the terms and conditions of the Master Contract at the time of Order award. In the event of any conflict between the Order and the Master Contract, the Master Contract takes precedence.
G.11 Fair Opportunity
G.11.1 The Fair Opportunity to Be Considered (“Fair Opportunity”) requirements at FAR 16.505(b)(1) and the exceptions to Fair Opportunity at FAR 16.505(b)(2) apply to Orders issued against the Master Contract.
G.11.2 The Government may disseminate Request for Information (RFI)/Request for Quotation (RFQ)/Request for Proposal (RFP)s via commercial mail carrier, e-mail, facsimile, GSA’s e-Buy (www.gsa.gov/ebuy), AASBS (portal.fas.gsa.gov), or other means as prescribed by the OCO’s agency.
Solicitation synopsis using Beta.SAM.gov to publicize TORs is not required or recommended under indefinite-delivery contracts. The use of any one of the preceding mediums to broadcast an RFQ/RFP notice to all contract holders satisfies the Fair Opportunity to be considered notification requirement.
G.11.3 The method to obtain fair opportunity will be determined by the OCO IAW applicable regulations and agency policies/procedures.
G.11.4 Each Contractor is responsible for establishing, monitoring and maintaining a current and accurate account in the GSA eBuy and AASBS systems, which may be used to announce TORs and Order awards.
G.12 Orders below the 8(a) Competition Threshold
G.12.1 In accordance with Section 8(a) of the Small Business Act and FAR subpart 19.8, Orders may be awarded on a sole source basis up to the 8(a) competition threshold based on the contractor’s self-marketing efforts or past performance. The OCO must make a determination of price reasonableness and have the authority to make award decisions for each order.
G.12.2 Competition below the 8(a) competitive threshold requires approval by the SBA IAW FAR 19.805- 1(d)
G.13 Order-level offer and acceptance by the SBA
Offer and acceptance is required for each sole source order per FAR 19.804-6. Order level offer and acceptance is not required for competitive Orders.
G.14 Order Close-out
The Contractor will cooperate with the OCO to support timely Order closeout.
http://www.gsa.gov/ebuy
G.15 Contractor Performance System
G.15.1 Past performance evaluations for task orders will typically reside in the Contractor Performance Assessment Reporting System (CPARS). OCOs complete Order-specific past performance records and all engagements pertaining to such records are between the respective OCO and performing contractor.
G.15.2 Contractors must register in the appropriate past performance assessment systems as prescribed by the customer agency policy.
G.16 Subcontracting Considerations
G.16.1 FAR Clause 52.219-14 is applicable to the STARS III contract. There is a relevant FAR Case (2016-011) pending, and the GSA reserves the right to incorporate changes which result from the case into the solicitation/contract once it is complete. STARS III contract holders are expected to perform a meaningful amount of work/add significant readily-identifiable value on each Order to prevent pass-through situations. Contractor compliance with the Limitations on Subcontracting will be a factor in determining whether a contractor’s Master Contract option is exercised.
G.16.2 All STARS III prime contractors are responsible for managing their mix of prime/subcontractor performance.
G.16.3 At the Order level, OCOs may require:
(1) Contractors to disclose the amount of work they intend to perform with their own resources.
OCOs may request a well-defined plan from 8(a) prime contractors to facilitate this review, and may qualitatively evaluate such plans during Order source selection if established in the TOR.
(2) Consent to subcontracts pursuant to FAR subpart 44.2. Consent to subcontract is not being provided at the Master Contract level.
(3) Subcontractor responsibility determinations of prospective subcontractors per FAR 9.103 and
FAR 9.104-1.
(4) Invoice level subcontract reporting
G.17 Reporting Transactional Data
G.17.1 The Contractor must report transactional data electronically in the Contract Payment Reporting Module (CPRM) via the GSA ASSIST portal (http://portal.fas.gsa.gov) or other government designated system. Contractors will adhere to the instructions and definitions for each reported data element as stated within CPRM. The Government intends to post the reported hourly labor rates to the Prices Paid portal. The Prices Paid portal will be available to OCOs and agency program staff via a separate secured Government portal.
G.17.2 The Contractor must report all Order awards, modifications, invoices (including zero invoice reports), and Contract Access Fee data within the timeframe specified in paragraph F.4. Order records in CPRM may be established, and some associated data may be populated, based on data reported in other government systems. Contractors are responsible for reporting any missing data, verifying the accuracy/completeness of imported data, and will attach applicable supporting documentation (e.g. Order award document, Statement of Work, modification form, invoices, etc.). Contractors will correct inaccurate and/or add missing data within 10 calendar days of notification by the GSA.
G.17.2.1 Refer to CPRM instructions for the reporting process. The data elements identified below are representative of what is required. It is mandatory to complete the data elements in the format outlined in the CPRM reporting instructions.
a. Contract Number
b. Order Description
c. Predominate Contract Type(s)
d. Performance based Contract (YES/NO)
e. GSA Assisted Services (YES/NO)
f. Initial Period of Performance
g. Award Date
h. Initial Obligated/Funded Amount
i. Total Obligated/Funded Amount
j. Total Estimated Value
k. Ordering Contracting Officer Name
l. Closed Out (YES)
m. Receiving Agency/Bureau and location
n. Place of Performance street, city, state, zip, country
o. Attachments (Award Documents/SOW/SOO/PWS)
p. Order Number
q. Parent and subordinate Orders - if applicable
r. Modification Number
s. Modification Period of Performance
t. Estimated Ultimate Completion Date
u. Modification type
v. Order Mod Description
w. Mod Award Date
x. Mod Obligated/Funded Amount
y. Invoice/Voucher Number
z. Invoice Date
aa. Invoice Amount
bb. Contract Access Fee Reported
cc. Unit of measure
dd. Itemized charges categorized as follows:
(1) Time and Material/Labor Hour Labor Cost
(2) Labor Categories and Awarded Task Order Rates
G.17.3 If appropriate, Contractors will convert all currency to U.S. dollars using the “Treasury Reporting Rates of Exchange,” issued by the U.S. Department of Treasury, Financial Management Service.
G.17.4 The Contractor will verify that all data elements have been accurately and completely reported within the designated reporting system within six months after the task order Period of Performance end date. Any data identified during verification that is incorrect, will be corrected within 30 calendar days.
G.18 Contract Access Fee (CAF) Remittance
G.18.1 The CAF is charged against all Orders and applied to the total invoice amount for Contractor performance. The total invoice amount is inclusive of labor, fees (including award fees and incentive pools), ancillary support and travel.
G.18.2 Contractors must include the total CAF on each invoice.
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