NSF UNITE BPA Ordering Guide.docx

TEPS III Ordering Guide TEPS III Ordering Guide UNITE Ordering Guide Table of Contents

Definitions

Blanket Purchase Agreement (BPA)—refers to an agreement between the Government and a contractor(s) allowing repetitive Orders (no minimum Orders guaranteed) during a specified period (See FAR 8.405-3).

Blanket Purchase Agreement Contracting Officer (BPA CO)--The Contracting Officer is the final authority in all contractual matters relating to the BPAs. The BPA CO has overall responsibility for administration of the BPAs and is authorized to take action on behalf of the Government relating to the BPAs.

BPA Holder—refers to the CTA Leader or Prime Contractor (if a CTA is not contemplated).

Contracting Officer's Representative (COR). The Orders will indicate who has been designated as the Order COR to assist the OCO in the discharge of contract administration responsibilities. Under the specific Order, the basic responsibilities of the Order COR will be outlined in a delegation memo provided to the Order COR at Order award. Some of these duties included, but are not limited to, inspecting and accepting deliverables, monitoring Contractor performance, reviewing invoices, issuing technical direction, perform evaluations of Contractor’s performance, etc. The Order COR is not a Contracting Officer and is not authorized to modify the terms and conditions of an Order.

Contractor and BPA Holder—Refers to the entity that is awarded a BPA—Prime Contractor (if a CTA is not contemplated) or CTA Leader and/or Team Member.

Contractor Team Arrangement (CTA)—a formal written agreement in which two or more GSA Schedule contractors work together to meet ordering activity needs. Each member of the CTA must have a Schedule Contract and is responsible for duties addressed in the CTA written agreement. These designated duties must fall within the scope of the individual schedule contracts. Each team member of the CTA has privity of contract and can interact directly with the Government. By complementing each other's capabilities, the CTA team offers a total solution to the ordering activity’s requirement, providing a “win-win” situation for all parties. For additional information on CTAs, see GSA link:

http://www.gsa.gov/contractorteamarrangements

CTA Leader—refers to an entity that is the leader of the CTA. Only one CTA Leader is allowed per CTA. The CTA Leader is responsible for ensuring only one Member of the CTA responds to each Request for Quote (RFQ) Order in accordance with the CTA Document and BPA reporting requirements as outlined in this BPA. A CTA Leader is also a BPA Holder and Contractor.

CTA Team Member—refers to an entity that is a member of a CTA, not including subcontractors. The Team Members will not be awarded their own BPAs. They shall abide by their CTA Document during RFQ Order competitions. All Team Members shall sign the BPA award document as a concurrence in order to have privity of contract and allow the placement of Orders directly with the Order Leader.

Direct Reimbursable (DR)—contract line items with a not-to-exceed ceiling that provides for payment reimbursement at the contractor’s actual documented cost with no additional costs, indirect costs, fee, or profit.

Order Contracting Officer (OCO)—will have final authority for individual awarded Orders. The OCO may delegate certain responsibilities to the Order Contracting Officer Representative (Order COR) associated with the performance of individual Orders. Order CORs name and contact information as well as delegated responsibilities will be provided to the contractor by the OCO.

Order Leader – refers to the CTA Team Leader or Team Member that is responsible for performance of work under individual Orders. Order Leaders will be designated in the CTA’s quote in response to Order RFQs under the BPA. If a CTA is not utilized, the Order Leader is synonymous with the Prime Contractor.

Prime Contractor—refers to entity that is awarded a BPA but has opted not to enter into a CTA. It is an individual BPA Holder that does not have any CTA Members. A Prime Contractor is synonymous with BPA Holder.

Vendor—refers to the Prime Contractor (if CTA is not contemplated) or the CTA Leader that is submitting a Quote in response to the BPA Request for Quote.

1. Introduction

The National Science Foundation (NSF) Enterprise-Wide Unified Network for Innovative Technology and Engineering (UNITE) BPA Blanket Purchase Agreement (BPA) is a competitive multiple-award BPA that allows the Government to place recurring orders with BPA holders. The BPA has a five-year period of performance and an estimated usage of $200 million per BPA Holder. The BPA supports strategic sourcing, promotes increased use of small businesses, and is designed to provide a range of services in the task’s areas of:

CTA Leaders are as follows:

1. TBD

2. TBD

3. TBD

4. TBD

5. TBD

a. Contractor Team Arrangements (CTAs)

A CTA is two or more GSA Schedule contractors that work together to meet ordering activity needs. By complementing each other’s capabilities, the CTA team offers a total solution to the ordering activity’s requirement, providing a “win-win” situation for all parties. In a CTA, a Team Member has the ability to enter into an Order with the Government, as a prime contractor, utilizing its own GSA Schedule, labor categories and rates. Under NSF’s UNITE BPA, CTA Leaders have been awarded BPAs and have privity of contract with the Government. CTA Members have also signed the agreements and have privity of contract with the Government as well. Contractors, CTA Team Leads, CTA Team Members, and subcontractors can only be on one BPA Establishment Quote. No cross-teaming is allowed for any named vendor.

The CTA has a number of advantages over the standard prime/sub relationship. Each CTA Leader has their own BPA Award number, and each CTA Team Member will sign a CTA Agreement with the Team Leader. The Government will have privity of contract with each business within the teams – allowing the government to engage small businesses directly rather than just through the CTA Leader or Order Lead under a standard teaming program. For Task Order awards, the Team Leaders will select an Order Lead. Orders will be issued directly against the Order Lead’s MAS contract. For additional information on CTAs, see Links GSA link: http://www.gsa.gov/contractorteamarrangements and YouTube: https://www.youtube.com/watch?v=vhMxsS_sDkw.

A complete list of all CTA Leaders (BPA Holders), their Team Members, and subcontractors is provided in Appendix 1 of this Ordering Guide. Please note that the size status information for each vendor (CTA Leader, Team Member, and/or subcontractor) may have changed. Please check GSA eLibrary (http://www.gsaelibrary.gsa.gov/ElibMain/home.do) and the System for Award Management (SAM https://sam.gov/content/home) to verify a vendor’s size status. A list of all BPA holder’s contact information is provided in Appendix 1.

b. Scope

The scope of the BPA includes the Multiple Award Schedule (MAS) and the major task areas listed below:

· Professional Services - Business Administrative Services

· Professional Services - Technical and Engineering Services (non-IT)

· Professional Services – Training

· Professional Services – Marketing and Public Relations

c. GSA Schedules

UNITE Task orders should be placed directly against GSA MAS contracts.

d. Applicable North American Industry Classification System (NAICS)/Standard Industrial Classification (SIC) Code and Small Business Size Standards

Listed below are the NAICS Codes, MAS Special Item Numbers (SINs), and dollar values and/or number of employees necessary to qualify as a small business under Task Orders for providing Professional Services - Technical and Engineering, Services (non-IT), Professional Services - Business Professional Services – Training, and Professional Services – Marketing and Public Relations. No other NAICS Codes/SINs and associated size standards will be considered at the Task Order level. All SINs are required award of the BPA to ensure all BPA holders have the opportunity to quote on BPA orders when the order’s principal purpose SIN is determined to be one of those SINs. A BPA-level holder who does not have any MAS CTA members who cover that SIN will not be able to compete on that order. BPA-level quoters who cannot cover SINs may add the missing SIN to the BPA as a modification to the BPA when they have been awarded the missing SIN on their MAS contract.

Professional Services – Technical and Engineering Services (non-IT) The NAICS code is the following:

1. NAICS 541330 - Engineering Services = size standard $25.5 million.

Exceptions to the sized standard for 541330 are:

Exception 1: 541330EMI - Engineering Services Related to Military, Aerospace Equipment, Military Weapons, National Energy Policy Act of 1992, Marine Engineering or Naval Architecture: the small business size standard is $47 million.

Exception 2: Exception 2 Contracts and Subcontracts for Engineering Services Awarded Under the National Energy Policy Act of 1992: The small business size standard is $47 million.

Exception 3: Marine Engineering and Naval Architecture: The small business size standard is $47 million.

Marine Engineering and Naval Architecture = the small business size standard is $47 million.

541330ENG

NOTE: Services under this SIN cannot include architect-engineer services as defined in the Brooks Act and FAR Part 2, or construction services as defined in FAR Parts 2 and 36.

Subgroups (Subgroups are provided for market research purposes only. Buyers should confirm specific contract offerings are available by verifying awarded products and services on the contractor's GSA pricelist.)

2. NAICS 541990 - All Other Professional, Scientific, and Technical Services. The small business size standard is $19.5 million.

Professional Services – Business Administrative Services The NAICS code is the following:

NAICS 541611 - Administrative Management and General Management Consulting Services. The small business size standard is $24.5 million.

Inherently Governmental services as identified in FAR 7.503 or by the ordering agency are prohibited. It is the responsibility of the Contracting Officer placing the order to make this determination. Ordering activities must require prospective contractors to identify potential conflicts of interest and address those, prior to task order award.

Personal services as defined in FAR 37.104 are prohibited.

Professional Services - Training The NAICS code is the following:

NAICS 611430 - Professional and Management Development Training. The small business size standard is $15.0 million.

Professional Services - Marketing and Public Relations The NAICS code is the following:

NAICS 561920 - Conference, Meeting, Event and Trade Show Planning Services. The small business size standard is $20.0 million.

2. Ordering from Unified Network for Innovative Technology and Engineering (UNITE) BPA

Any NSF warranted Contracting Officer (CO) may issue an Order under the UNITE BPA. Any NSF OCO interested in placing an Order under this vehicle shall send a notification via email to the BPA Administrative COs, Devin Faggs Dfaggs@NSF.gov or Jonathan Schmeelk, jschmeel@nsf.gov. The OCO shall utilize the Automated Acquisition Management Solution (AAMS) for all contract actions under this BPA. OCOs will be the focal points for Orders in which they issue and are responsible for making scope determinations.

a. Acquisition Planning

In accordance with Federal Acquisition Regulation Part 7, an Acquisition Plan was prepared and approved for the NSF UNITE BPA. However, depending on the dollar value of a requirement, OCOs may be required to prepare another Acquisition Plan for Orders placed under the NSF UNITE BPA. OCOs should consult their office’s policies to determine whether an Acquisition Plan needs to be prepared.

For NSF COs, for all acquisitions greater than $10 million, NSF’s Acquisition Review and Approval Matrix requires a formal Acquisition Plan in accordance with FAR 7.105. A streamlined Acquisition Plan template for Orders issued under the UNITE BPA is available on the INSIDENSF Collaboration Portal Website: LINK.

b. Order Types

Authorized Order Types available under this BPA are:

· Firm Fixed Price (FFP)

· Labor Hour (LH)

· Time and Materials (T&M)

· Hybrid contracts containing the contract types listed above

If not using a Fixed-Price Order Type, Federal Acquisition Regulation (FAR) 8.404(h) requires COs to document the rationale which applies to Order types that are not fixed price. Some Orders may have work containing a combination of contract types, i.e., Fixed-Price, Time & Materials and Labor-Hour. The OCO is responsible for identifying the applicable Order type(s) and providing any supporting documentation required by the FAR or DOE and NNSA acquisition guidelines. For any Orders that are other than FFP, the ordering activity shall include, at a minimum, the documentation outlined in FAR 8.404(h).

c. Ordering Procedures

OCOs shall issue Orders under the BPA pursuant to the procedures in FAR 8.4 and the Ordering Procedures outlined in (TBD) of the UNITE BPA. Note that SAM.GOV and FedConnect will be utilized for the soliciting and receipt of quotes. The BPA CS and CO are available to assist OCOs in the use of FedConnect when ordering under the BPAs.

In accordance with the FAR 8.405-2, OCOs are required to give all BPA Holders an opportunity to be considered for each Order in excess of the micro-purchase threshold. Since each BPA holder is a CTA, all RFQ Orders must be provided to the CTA Leaders and their Team Members. BPA Holders are required to respond to Order RFQs in accordance with their CTA Documents. Only ONE response is permitted per CTA.

OCOs are encouraged to include language in the Order RFQ specifying that the RFQ is being issued pursuant to the NSF UNITE BPA.

d. Limiting Sources

The OCO may limit sources for Orders in excess of the micro-purchase threshold if one of the conditions below applies:

(1) Total Order Value does not exceed the simplified acquisition threshold (SAT); in this case the Government reserves the right to only issue a RFQ to at least three Contractors.

(2) The agency need for such services is urgent and compelling, and following the procedures would result in unacceptable delays;

(3) Only one source is capable of providing the services required at the level of quality required because the services ordered are unique or highly specialized;

(4) In the interest of economy and efficiency, the new work is a logical follow-on to an original BPA Order, provided that the original order was placed in accordance with the applicable BPA ordering procedures. The original order must not have been previously issued under sole-source or limited source procedures; or

(5) To achieve agency socio-economic goals, OCOs may employ any FAR-based socio-economic methodology. Please review section e. Small Business, if the OCO intends to set an Order aside for small business.

When exception (d)(1) exists, the Government reserves the right to issue the RFQ to only three contractors. When exceptions (d)(2-4) exist, the Order will be processed as a sole source procurement, including a limited sources justification.

The OCO is not required to notify unaffected BPA Holders when utilizing one of the exceptions above.

See FAR 8.405-6 for the documentation required when limiting sources.

e. Small Business

A list of each CTA Leader’s Team Composition is provided in Appendix 1 of this Ordering Guide. OCO’s have the authority to use ANY FAR-based socio-economic methodology in their Order RFQs, such as set asides or small business status as the number one evaluation factor. In addition, each CTA includes at least one Small Business, one Small Disadvantaged Business (SDV), One Woman-Owned Small Business (WOSB), Service-Disabled Veteran-Owned Small Business concern (SDVOSB), and one HUBZone in order to meet socio-economic set-asides for requirements under the UNITE BPA and As directed by Executive Order 14091, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.

2024 NSF SBA Small-Business Goals.

FY 24 Small Business Goals

Set-aside of orders against Full and Open Multiple Award Contracts (MACs):

(i) Notwithstanding the fair opportunity requirements set forth in 10 U.S.C. 2304c and 41 U.S.C. 4106, the contracting officer has the authority to set-aside orders against MACs that were competed on a full and open basis.

(ii) The agency is preserving the right to consider set-asides using the “rule of two” or any alternative set-aside requirements provided in the small business program, on an order-by-order basis in accordance with 13 CFR 125.2(e)(6).

To verify business size at the task order level:

1. Verification #1: If it shows the contractor is a small business for the SIN/NAICS code (only one NAICS code per SIN) in the GSA e-library, then they are verified.

2. Verification #2: If the GSA e-library for the contractor does NOT show that the SIN/NAICS they are using as their primary NAICS in their contract award, then the ordering activity looks to see if that NAICS code size standard is the same or a smaller size standard. If it is, then they are verified.

3. Verification #3: If the GSA e-library’s NAICS code shows a NAICS code that is of a higher size standard than SIN’s NAICS code they are using, then the ordering activity needs the representation and certification verified from either the time of their GSA schedule contract offer or the time of a size re-representation trigger in accordance with FAR 52.219-28 at the Multiple Award Contract level, whichever is later. This would not be considered a size re-representation, it is a verification.

NSF Ordering Activities

· In accordance with the requirements of the UNITE BPA, all NSF contract requirements/actions shall be considered for small business

· Contract actions include task orders; therefore, NSF ordering activities will provide maximum practicable opportunities for small businesses at the task order level.

· For orders that the OCO has not unilaterally determined to be set-aside for small businesses, the OCO will conduct market research among the CTAs to determine the potential to set-aside requirements

· The OCO will conduct market research among the CTAs to determine the potential for an SDVOSB or WOSB set-aside before considering a small business set-aside

· Task orders that cannot be set-aside for small businesses will include:

· First evaluation criterion: Small Business task order lead

· For task orders above the SAT, the procuring agency contracting officer must document the contract file and explain why the procuring agency did not set-aside orders issued against a Multiple Award Contract, when these authorities could have been used in accordance with 13 CFR 125.2(e)(1)(iii).

NSF Contracting Activities

The NSF’s SBA PCR has the authority to review orders not set-aside under a MAC in accordance with 13 CFR 125.2(b)(i)(A) that are above the SAT.

Therefore, it is recommended that the OCO issue a Request for Information to all NSF UNITE BPA Holders to see if their requirement can be set-aside for small businesses.

All Contracting Activities

If an OCO elects to set-aside an Order for small businesses, members of a CTA that are other than small businesses for the chosen NAICS code may only participate as a subcontractor. Other than small business CTA members will not be allowed to utilize their GSA schedules, labor categories, and rates if an Order is set aside. The Other than small CTA member must adopt GSA schedules, labor categories, and rates of the CTA lead. The OCO shall also insert the following Federal Acquisition Regulation (FAR) Clauses into the Order RFQ and subsequent Order:

FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) FAR 52.219-14 Limitations on Subcontracting (Sep 2021)

It is also recommended that the OCO require the Order Lead to submit a small business report every six months for their Order to ensure that the Order Lead is meeting the requirements outlined in FAR 52.219-14.

General RFQ Order Requirements

In accordance with BPA Section 7, RFQ Orders will include:

(1) When issuing Order RFQs, BPA OCOs shall identify the NAICS code (541330, 541611, 541715) and any required exceptions applicable to the Order RFQ. The GSA Schedule NAICS codes applicable to this BPA are listed in Section 1(c) and 1(d) of this User Guide. OCOs must use the GSA Schedule NAICS codes listed in these sections. It is recommended that OCOs use one NAICS that captures the preponderance of the work to be performed.

(2) A Performance Work Statement (PWS) or Statement of Work (SOW) describing the work to be performed, a description of the task, the deliverables, the Order start and completion date, the Government Point of Contact and a description of marking information, data rights, inspection and acceptance of the services, period of performance, security requirements, government property/information to be provided and other relevant information;

(3) The submission date/time and the method of delivery for the quote submittal;

(4) Specific instructions on what to include in the quote, including but not limited to, oral presentations, written responses summarizing technical and price approaches, the selection criteria factors, the factors’ order of importance and other information deemed appropriate.

f. Time Frames for BPA Holders Quote Submission

BPA Holders shall be capable of providing a quote within a 48-hour period depending on the exigency of the need. For non-urgent requirements, BPA Holders will submit quotes within 14 calendar days of issuance of the RFQ Order, unless otherwise specified.

g. BPA Holders Quote Requirements

At a minimum, BPA Holders quotes will include:

(1) Price—labor rates must be at least discounted by the BPA Holder’s minimum discount. Appendix 1 includes each CTA’s required minimum discount rate for OCO’s to verify;

(2) Statement disclosing any known or expected conflicts of interest pursuant to FAR 9.5;

(3) Current GSA Authorized MAS Catalog and/or Price List

h. Order Awards

Order awards to CTA Leaders and Team Members will be issued as direct task orders against the awardee’s GSA MAS. A list of all NSF UNITE BPA Holders’ MAS numbers is included in Appendix 1. Task Orders shall include language specifying that the Order is issued against the NSF UNITE BPA in the award document.

OCOs should check the apparent awardee’s Order quote to determine under which GSA NAICS the preponderance of labor rates exist to ensure that the awardee’s quote is compliant with the RFQ’s specifications.

Orders will be issued directly against the BPA Holder’s applicable GSA MAS. To make an Order award, the OCO should create a Delivery/Task Order in AAMS, and insert the GSA Schedule under which the OCO is issuing the Order.

In order to connect a direct Task Order to the BPA Holder’s BPA Award, the OCO MUST insert the following text into the Project Title within the General, Description tab in AAMS:

OCO Responsibilities

OCOs are required to courtesy copy the BPA CO and CS when they make an award in AAMS AND provide the BPA CS and CO the award number and dollar value of the Order. OCOs are also responsible for the following:

· Acquisition Plan, if required under the NSF Acquisition Review & Approval Matrix

· Ensure BPA Holder’s compliance with its Order placed by the OCO, as well as its GSA Schedule and BPA terms and conditions

· Designating a COR if applicable

· Report BPA Holders Past Performance on an Order in the Contractor Performance Assessment Reporting System (CPARS)

· Responsibility Determination—Although BPA Holders were determined responsible at time of BPA Award, OCOs are responsible for checking the System for Award Management System (SAM) to verify EPLS, Registration, NSF Research.gov registration and responsibility entries at the Task Order Level.

· Potential Conflicts of Interest—identifying, mitigating, and/or resolving • Order Closeout

Appendix 1.

NSF UNITE BPA Holders’ MAS numbers