AIE Section H.pdf

H.2 Minimum Guarantee and Ordering Procedures

Task orders will be awarded in accordance with FAR 16.505. The Government has no obligation to issue any task orders except for the minimum guarantee of $5000.00.

In the event of any inconsistency between a task order and the contract, the contract shall control.

H.2.1 In accordance with FAR 16.505(b), the Contracting Officer reserves the right to tailor procedures to each task order and shall state the procedures in the task order request for proposal (RFP). Task order RFPs may be issued for fewer than 30 days, and if necessary, the waiver in DFARS 215.371-5 may be executed. It is anticipated that factors like the following may be used at time of task order competition:

H.2.1.1. Availability of key personnel

H.2.1.2. Time required to fully staff a proposed development team

H.2.1.3. Whether proposed development team has performed successfully as a team before

H.2.1.4. Price

H.2.2 Task orders will be awarded in accordance with FAR 16.505 and FAR 52.216-19.

Only the Contracting Officer (KO) has the authority to award task orders against this contract.

H.2.3 Contractor may choose whether to submit proposals in response to task order RFPs at their discretion. Contractor shall propose in accordance with the RFP issued for each task order. Contractors who elect not to submit a proposal in response to a Task Order RFP shall provide their rationale for electing to no bid that action via email to the Contracting Officer NLT than the proposal submission date and time.

H.2.6 Only the contract holder, designated by the CAGE code in the awarded contract SF 26, Block 7, may submit a proposal in response to a task order RFP. In a task order proposal, any supporting documentation or information (such as rates) submitted under a different CAGE code, including those within the legal entity of the contract holder, will be considered that of a subcontractor and evaluated as appropriate in accordance with the task order RFP.

H.2.7 The task order ombudsmen for the Army Contracting Command - Aberdeen Proving Ground are Jason VanLuven jason.e.vanluven.civ@army.mil and Lane Gary lane.m.gary.civ@army.mil.

H.2.8 Use of Non-Government Advisors In accordance with FAR 37.204, the Government may use non-Government advisors for the evaluation or analysis of task order proposals. All non-Government advisors are required to sign a Non-Disclosure Agreement. The employer for each non-Government advisor will be disclosed to contractors in the task order RFP documents. Contractors shall execute the non-disclosure agreements with non-Government Advisors and provide the agreements to the Contracting Officer. The Contracting Officer shall obtain copies of agreements between the non-Government advisor and contractors to ensure they are properly executed. If the contractor identifies an actual or apparent organizational conflict of interest exists regarding non-Government advisors, the contractor shall notify the Contracting Officer immediately.

H.4 On-Ramps

H.4.1 The objective of an on-ramp is to maintain competitive sources for task orders and/or to obtain access to additional technologies and capabilities.

H.4.2 The Contracting Officer may conduct market research to assess additional technologies and capabilities available in the open market. The Contracting Officer may also assess contractor performance and the amount of competition available. The Government may evaluate the benefit of conducting an on-ramp on the multiple award IDIQ vehicle on an annual basis. The Government will strongly consider on-ramps in years three (3) and six (6) of the ordering period. However, the Government may conduct an on-ramp in any year of the ordering period to maintain adequate competition or to obtain access to additional technologies and capabilities.

H.4.3 During an on-ramp, offerors who are not already a contract holder may be eligible to obtain a contract under the multiple award IDIQ vehicle. Current contract holders shall not submit a proposal for a new contract during the on-ramp and shall continue with their existing contract.

H.4.4 The Government may conduct an on-ramp to this contract in accordance with the following:

a. Notice of an on-ramp solicitation and the on-ramp procedures will be publicized on SAM.gov;

b. The solicitation may identify the total approximate number of new contract awards the Government intends to make, however the actual number of awards may depend on the number of quality proposals received;

c. The basis for award under the solicitation will be substantially the same as the original solicitation;

d. The terms and conditions of any contracts resulting from the solicitation will be materially identical to the current version of the existing contracts under the multiple award IDIQ vehicle;

e. The ordering period of any new contracts resulting from the solicitation will be coterminous with the ordering period of the existing contracts under the multiple award IDIQ vehicle;

f. If awarded a contract resulting from the solicitation, any new contractor will be eligible to submit a proposal in response to a task order RFP with the same rights and obligations as any other contractor on the multiple award IDIQ vehicle; and

g. The award of any new contracts will not increase the existing overall ceiling amount of the multiple award IDIQ vehicle.

H.5.2 Technical Guidance Letters (TGL)

H.5.2.1 As necessary, the COR may issue technical guidance letters (TGL) to provide technical guidance or clarification concerning the details of specific services to be performed under a task order. To be valid, a TGL shall be within the general scope of work stated in the task order and it shall not require any adjustment to the price, fee, estimated costs, or delivery terms of the task order.

H.5.2.2 Each TGL issued hereunder is subject to the terms and conditions of this contract. The TGL shall be in writing and shall include, as a minimum, the following information:

a. Effective date of the TGL;

b. Contract number, task order number, and sequential TGL number; and

c. Reference to the relevant section of the PWS for the task order.

H.5.2.3 The contractor shall not comply with any TGL it believes is not valid. In the event of a conflict between a TGL and the scope of the task order, the terms of the task order shall control. In the event of a conflict between a task order and the scope of the contract, the terms of the contract shall control. If the contractor believes or has reason to believe that a TGL is not valid, the contractor shall notify the Contracting Officer by email within two (2) business days of receiving the TGL in question. The Contracting Officer will give appropriate direction to the contractor and the COR to resolve the TGL issue.

H.5.2.4 Oral technical direction may be given by the COR only in emergency circumstances. The contractor shall notify the Contracting Officer by email that it has received such direction within 24 hours of receiving the directions. If the COR does not follow up the oral directions within two (2) business days by issuing a written TGL, the contractor is to notify the Contracting Officer and cease compliance unless the contractor concurs the direction is a valid TGL. Contractors’ failure to comply with this provision is grounds for determining the incurred costs as unallowable.

H.9 Travel

H.9.1 Travel arrangements shall be provided to and are subject to approval by the COR in advance of travel.

H.9.2 Travel arrangements shall be made in accordance with the task order requirements.

H.9.3 Costs for transportation shall be based upon mileage rates, actual costs incurred, or on a combination thereof, provided the method used results in a reasonable charge.

Travel costs will be considered reasonable and allowable in accordance with FAR 31.205-46 and only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of the travel as set forth in the Joint Travel Regulations (JTR).

H.9.4 Maximum use is to be made of the lowest available customary standard coach or equivalent airfare accommodations available during normal business hours. Using Government funds to pay for premium travel (including first and business class) is not allowable unless specifically authorized. Exceptions for the use of premium travel shall be approved in writing by the COR prior to travel.

H.20 Contractor Point of Contact (POC) Requirement It is the contractor's responsibility to provide the Contracting Officer with no more than two (2) accurate email addresses for the contractor. It is the contractor's responsibility to provide the Contracting Officer with an updated accurate email address in the event of address changes during the ordering period. Contractors may not be afforded additional time to respond to task order RFPs or additional time to perform awarded task orders because of the contractor’s failure to maintain an accurate email on record with the Contracting Officer.

H.22 Other Considerations

H.22.1 Additional CLINs may be added to task orders if necessary to meet the requirements of the task order. For example, CLINs may be added for ancillary items or data requirements.

H.22.2 The Government will only reimburse contractors for bid and proposal costs associated with any request for proposal for task orders awarded on a competitive, sole source, or single offer basis, any contract or task order modification, or any on-ramp solicitation if it is in accordance with FAR 31.205-18(c) and the Contractor’s disclosed accounting practices.

H.22.3 The Government will not reimburse contractors for no-cost settlements as a separate contract line item, unless agreed upon in writing.