Attachment 11 - Section H - Ordering Procedures.pdf

SECTION H – SPECIAL CONTRACT PROCEDURES

1.0 ORDERING PROCEDURES FOR TASK ORDERS.

1.1 When the AOC requires work under the IDIQ, a Task Order Proposal Request (TOPR), or Fair

Opportunity Proposal Request (FOPR) will be issued via email.

1.2 Services to be ordered under this contract shall be ordered by issuance of a written task order executed by any authorized AOC Contracting Officer (CO) within their delegated authority. All task orders are subject to the terms and conditions of this contract. In the event of a conflict between an order and this contract, the contract shall take precedence.

2.0 TASK ORDER THRESHOLDS.

2.1 Except for the purpose of satisfying the minimum guarantee, individual task orders are limited to a minimum amount of $5,000 and a maximum amount that shall not exceed the IDIQ ceiling.

2.2 The contractor is not obligated to honor orders received for less than the minimum ordering amount although the contractor may choose to honor the order. In the event the contractor chooses not to honor the order, it must be returned to the ordering officer within five (5) calendar days with the contractor’s written rejection of the order.

3.0 TASK ORDER PROCEDURES.

3.1 As the need exists for performance under the terms of this contract, the CO will notify the contractor of an existing requirement, and task order will be awarded within the scope of the terms and conditions and specifications of this contract. The Contracting Officer will ensure that each awardee receives a fair opportunity to be considered for each order. It is expected that IDIQ contractors will submit quotes for all TOPR or FOPR notices received. In the event a Contractor is unable to submit an offer in response to a TOPR/FOPR notice, the Contractor shall notify the Contracting Officer via return email within five (5) calendar days. Failure to respond to TOPR(s)/FOPR(s) will be a consideration for exercising future options.

3.2 Generally, the TOPR/FOPR will include the following:

3.2.1 Statement of Work/Specifications/Drawings (if applicable)

3.2.2 Period of Performance

3.2.3 Proposal due date and delivery instructions

3.2.4 Price instructions

3.3 Costs for preparation of proposals and pre-award activities shall be the sole responsibility of the offeror. Offerors shall not be reimbursed for attending negotiations, site visits, or any other task order pre-award activities.

3.4 The CO will ensure that each awardee shall be given a fair opportunity to be considered for each task order (Ref Para 5.0).

3.5 The task orders will be either Firm Fixed Price or Labor Hour with a specific number of calendar days for completion or a specified period of performance. The ordering CO has broad discretion to apply the appropriate contract type for any task order depending on the Scope of Work and/or needs of the AOC.

3.6 The ordering CO has broad discretion in developing appropriate order placement procedures and should keep submission requirements to a minimum. FAR Part 15 procedures do not apply to task orders issued under the CM Services IDIQ. A clear description of the services to be performed and the basis upon which selection will be made (if task order is competed) shall be detailed in the proposal request. The ordering CO is required to ensure each offer submitted has been fairly considered.

3.7 Upon receipt of the contractors' proposal, the AOC will evaluate the proposal utilizing the evaluation procedures outlined in the proposal request. The CO at the TO level has the authority to waive the IDIQ positional qualification requirements in a written determination that it is within the AOC’s best interests. Acceptance of lower positional qualifications at the Task Order level does not waive the AOC’s right to off-ramp contractors in accordance with 6.2.2.3. Award will be made on the basis as outlined in the proposal request.

4.0 AVAILABILITY OF FUNDS.

4.1 The AOC may request quotes for which funding is not presently available for the award (which will be duly noted in the TOPR/FOPR). No award will be made until funds are available. The Government reserves the right to cancel the solicitation either before or after the closing date.

In the event the Government cancels the solicitation the Government has no obligation to reimburse an offeror for any costs.

5.0 TASK ORDER SELECTION PROCEDURES.

5.1 The Government intends to award contracts to the responsible Offerors whose proposals are the most advantageous to the Government, price and other factors considered. There will be two (2) award tracks: (1) Unrestricted and (2) Small Business.

5.2 Task Orders issued under the contract will achieve fair opportunity consideration with board review or competition of all IDIQ firms without regard to their award track. AOC reserves the right to change our fair opportunity task order selection procedures if the current procedures are not within the AOC’s best interest. The AOC will achieve fair opportunity across all award tracks through one of the following methods:

5.2.1 Board Selection.

5.2.1.1 The basis of selection will be determined according to the qualifications and capacity of the offeror necessary for the completion of project requirements. Prior to issuance of a task order, the AOC will evaluate each firm based on the following:

5.2.1.1.1 Technical expertise and capabilities of the firm and their key sub-consultants.

5.2.1.1.2 Past performance of offeror to effectively manage and deliver submissions that meet or exceed AOC quality standards.

5.2.1.1.3 Capability to meet task order requirements.

5.2.1.1.4 Capacity to take on new tasks based on current workload on other AOC contracts.

5.2.2 Competition.

5.2.2.1 The AOC reserves the right to compete task orders if the task order Contracting Officer determines that it’s within the AOC’s best interests.

This competition will take place among all firms without regard to award track. Each competed task order will be awarded to the firm who is determined to be the most qualified by the AOC considering the criteria specified in the FOPR. Offerors may be restricted from competition if, at the time the FOPR is issued, any of the following apply:

5.2.2.1.1 The CO determines the offeror’s current capacity is limited based on the number and magnitude of current active task orders;

5.2.2.1.2 The firm has received a Marginal or Unsatisfactory CPARS rating within the previous 12 months.

5.3 Following a fair opportunity consideration the AOC will either issue a TOPR to one IDIQ contractor, or if determination to compete requirement is made a Fair Opportunity Proposal Request (FOPR) will be issued for the work in that particular TO. If a TOPR is issued and the contractor’s price for the specific TO is not deemed fair and reasonable based upon comparison to the Independent Government Estimate or negotiation efforts have not resulted in a fair and reasonable price, then the Government has the option to resolicit the requirement among any of the other contractors regardless of award track. If a FOPR is issued as stated in Para 3.6 FAR Part 15 is not applicable to task order placement. The ordering CO has broad discretion in developing appropriate evaluation procedures and should keep submission requirements to a minimum. Additionally, the ordering CO is required to ensure each offer submitted has been fairly considered, but is not obligated to establish a competitive range and has broad discretion to have interchanges with all, some or none of the offerors prior to task order award.

6.0 ON/OFF RAMP PROCEDURES

6.1 This contract will contain on- and off-ramp procedures. The purpose of the on-ramp procedures is to implement a contingency plan in the event that the IDIQ contractor holder(s) contract expires or termination for conveyance. A contractor will be on-ramped in the event that an existing contractor has been off-ramped for any reason stated in section 6.2.2.

6.2 Off-Ramp Procedures

6.2.1 The purpose of the off-ramp procedures is to allow the AOC to remove contract holders that are not participating in good faith in task order solicitations or not consistently delivering services on time and/or at a level of quality required. If for any reason, a contractor cannot participate in a competition, the contractor shall provide written notice of the reason(s) for non-participation prior to the quote due date.

6.2.2 The AOC reserves the right to off-ramp contractors for any of the following reasons:

6.2.2.1 Failing to consistently respond (or no bid) in a TOPR or FOPR,

6.2.2.2 Receiving a Marginal or Unsatisfactory CPARs rating,

6.2.2.3 Consistently failing to submit qualified candidates in a timely manner.

6.2.3 Contractors off-ramped will receive a written notification from the CO identifying the reason for being off-ramped. Contractors that are off-ramped will be terminated for convenience, no longer be considered for future task orders, or the preceding option period will not be exercised.

6.3 On-Ramp Procedures

6.3.1 The AOC reserves the right to on-ramp additional contractor(s) at any time during the life of this contract. On-ramping a contractor may take place at any time after the initial set of awardees in order to enhance the competitive environment of task order solicitations under the originally awarded contracts. The original effective period for contract holders is eight (8) years, if all options are exercised, from original IDIQ establishment; no contract will extend beyond this limitation regardless of when a basic contract is awarded. The on-ramp procedures will be exercised in the event a contractor is off-ramped or to meet the AOC demand.

7.0 PROTEST

7.1 In accordance with the AOC Contracting Manual 8.1.6.(c)(4) no protest to the agency or GAO is authorized in connection with the issuance or proposed issuance of an order under a TO contract, except a protest on the grounds that the order increases the scope, period, or maximum value of the contract.