Attachment 4 - BOA Guide SW DevSecOps 10Jan20.pdf

AFLCMC/HNC

Attachment 4 - Basic Ordering Agreement (BOA) Guide

SOFTWARE DEVSECOPS SERVICES

10 January 2020

TABLE OF CONTENTS

BASIC ORDERING AGREEMENT

I. ORDER TYPES AND LOCATIONS

II. ORDERING PROCEDURES

III. SCOPE OF WORK

IV. ADDITIONAL TERMS AND CONDITIONS

BASIC ORDERING AGREEMENT (BOA)

In the spirit of the Federal Acquisition Streamlining Act, AFLCMC/HNC, has established this Basic Ordering Agreement (BOA) for the purpose of supporting the United States Air Force LevelUP Code Works (LevelUP) mission and its components. The intent is to further reduce administrative costs by acquiring commercial items and services for LevelUP, and, if successful, other program offices across the Department of Defense.

BOAs streamline the search for sources, the development of technical documents and solicitations, and the evaluation of offers. This BOA will further decrease costs, reduce paperwork, and save time by eliminating the need for repetitive and individual Orderings. The end-result is a purchasing mechanism for the Government that works better and costs less. While there is no dollar limit for this BOA, if the nature of the activity and the Government estimate for that activity under an individual order falls within the limits of FAR 13.5 ($7M or $13M), then the FAR 13.5 simplified acquisition procedures will be followed for that order. For any activity and order where the Government estimate is greater than those limits the ordering procedures under FAR 16.703 will be followed for that order. The BOA Statement of Objectives (SOO) is listed at Attachment 2 of the BOA document.

I. ORDER TYPES AND LOCATIONS

This BOA will leverage various contract types to include Time & Materials/Labor Hour and Firm- Fixed price. Authorized Contracting Officers will place orders based on requirements of the ordering activities. Performance of Work may be required at any geographical location and will be specified at the order level.

II. ORDERING PROCEDURES

Overview

Ordering activities (OA) process orders as follows:

• For orders at or below the micro-purchase threshold, an ordering activity may place orders directly with any BOA holder.

• For orders over the micro-purchase threshold and up to $7M, an ordering activity shall forward the requirement, or statement of objectives and evaluation criteria, to at least three (3) eligible BOA holders.

• For orders exceeding $7M, an ordering activity shall forward the requirement, or statement of objectives and evaluation criteria, to at all eligible BOA holders.

• All orders become a binding contract with the issuance of the order.

• All orders will be issued in accordance with the Ordering Procedures outlined below.

The Government reserves the right to conduct small business set-asides. Note that the decision on whether a particular order best fits within a small business set-aside is solely at the discretion of the Contracting Officer placing the order. (The ordering Contracting Officer will determine whether or not a set-aside is appropriate.) BOA holders will be notified in the Request for Quote (RFQ) at the order level whether or not there will be a small business set-aside. Competitive award criteria will be established (price will always be a factor) within the RFQ at the BOA order level. Either best value/tradeoff, price/past performance, or lowest price technically acceptable (LPTA) evaluations are authorized at the BOA order level.

In instances where a quote is requested, contractors should anticipate rapid quote submission times, usually within ten (10) days of the BOA order RFQ; however, the submission date will be specified within the RFQ.

The OA will evaluate all responses received and place the order with the BOA holder that represents best value to the Government. Factors such as technical capability, price, past performance on prior BOA orders (quality of deliverables/services, timeliness, and cost control) may be considered in determining award of individual orders. In the event the ordering Contracting Officer determines that there exists insufficient sources within the small business set-aside to provide the Government an adequate level of geographic area coverage or services, the order RFQ will be made available to all BOA holders. Ordering activities will require prospective contractors to identify potential conflicts of interest (COI) and address/resolve any concerns prior to order award. Should the OA contracting officer determine a COI cannot be sufficiently mitigated, the contractor with the COI will be ineligible for the order award.

Order Process

1. OA will issue a RFQ to BOA contractors as outlined above, unless a small business set-aside is determined appropriate. Then the BOA will be issued to all eligible small business BOA holders. Order RFQs will include, at a minimum, the following:

a. Date Issued

b. Response Due Date

c. Statement of Objectives

d. Labor Categories as applicable

e. Period of Performance

f. Place of Performance

g. Quantity Required, if applicable (i.e. number of Full Time Equivalents, etc.)

h. Instructions to Offerors

i. Evaluation Criteria

j. Provisions/Clauses to be incorporated at the order level (complete all fill-ins and include in orders as applicable):

i. Required Clauses:

1. DFARS 252.232-7006, Wide Area Workflow Payment Instructions

ii. As Applicable Clauses (Not an all-inclusive list):

1. FAR 52.217-8, Option to Extend Services

2. FAR 52.232-18 Availability of Funds

3. FAR 52.232-36, Payment by Third Party

4. FAR 52.219-1 Small Business Program Representations

5. Any applicable Small Business Provisions/Clauses as prescribed in

FAR Part 19 and any supplements.

6. Any applicable Data Provisions/Clauses

iii. Specific Clauses (include as applicable based on OA regulation/guidance)

2. BOA contractors are expected to participate in the competition of each order under the BOA, with the exception of orders set-aside exclusively for small businesses. If a contractor is eligible for consideration and chooses not to participate, a no quote acknowledgement is required.

3. OA will evaluate in accordance with the evaluation criteria identified in the RFQ.

4. OA will award and administer an order.

BOA and BOA Order Administration

1. BOA Administration – The LevelUP Contracting team (AFLCMC/HNCK) is responsible for administration of the basic BOA.

2. OA – Authorized activities may place orders against the BOA and perform BOA administration and monitoring of performance at the order level. Note only authorized Contracting Offices can execute orders against the BOA.

3. Options – Are permitted with orders, however, the appropriate Option clauses will need to be incorporated into the order RFQ. OAs will determine whether to include, have priced, and evaluate FAR Clause 52.217-8, Option to Extend Services for use at the order level.

4. Past Performance – OAs report performance annually in the Contractor Performance Assessment Reporting System (CPARS) as required by FAR 42.1502(c) and Military Department Supplements.

III. SCOPE OF WORK

The Scope of Work shall be as described in Attachment 2. SOOs for each order will be provided with the respective RFQ at the order level.

IV. ADDITIONAL TERMS AND CONDITIONS

1 . General

The terms and conditions in this BOA apply to all orders placed pursuant to it. In the event of an inconsistency between the provisions of the BOA and orders, the provisions of this BOA will take precedence. The Government reserves the unilateral right to add and remove contractors (on-ramping and off-ramping) at the BOA level during the term and performance of the BOA, see on-ramping and off-ramping procedures in paragraph 4 below.

2. Extent of Obligation

BOAs do not obligate funds. The Government is obligated only to the extent of authorized orders made under the BOAs. It is the responsibility of the individual ordering entities under the BOAs to ensure that adequate and the appropriate type of funds are available.

3. Period of Performance

The ordering period for this BOA shall be five years from date of issuance. The performance period for all orders placed under this BOA shall not exceed five (5) years from the end of the ordering period.

The Government may cancel the BOA at any time by notifying the contractor(s) at least thirty (30) days in advance. Ongoing orders continue in accordance with their own period of performance, even if the BOA is cancelled.

4. On-Ramping and Off-Ramping

A. Adding to the number of contractors eligible to compete for orders, i.e., on-ramping.

The Contacting Officer has determined that it is in the Government's best interest that at all times during the term of the BOA, there remain an adequate number of contractors eligible to compete for orders. Over time, the total number of contractors may fluctuate due to various reasons, including industry consolidation, significant changes in the marketplace or advances in technology, general economic conditions, and the Government's exercise of the off-ramp process. Recognizing this, the Government intends to periodically review the total number of contractors participating in the Ordering Process and determine whether it would be in the Government's best interest to initiate an open season to add new contractors to the BOA pool.

Open Season Procedures If it is determined that it would be in the Government's best interest to open a new solicitation to add new contractors to the BOA pool, the Contacting Officer may do so at any time provided that:

(a) The solicitation is issued under then-applicable federal procurement law;

(b) The solicitation identifies the total approximate number of new awards that the Contacting Officer intends to make. The Contacting Officer may decide to award more or fewer BOAs than the number anticipated in the solicitation depending upon the overall quality of the offers received;

(c) Any contractor that meets the eligibility requirements set forth in the new solicitation may submit a quote in response to the solicitation; however, existing BOA contractors may not hold more than one BOA at any time;

(d) The award decision under any solicitation is based upon substantially the same evaluation factors as the original solicitation (except for changes made to improve the quality of offers received and the evaluation process as a result of lessons learned from the previous solicitation process);

(e) The terms and conditions of any resulting BOAs from a new solicitation are materially identical to the existing BOA;

B. Reducing the number of contractors eligible to compete for orders, i.e., off-ramping.

The Government reserves a unilateral right to discontinue offering an opportunity to compete for orders, i.e., off-ramp to non-performing or non-satisfactorily performing contractors. Contractors that are off-ramped will have no active orders under their BOA at the time of the off-ramping.

Off-ramping may result from one of the following:

(a) Contractor Debarment, Suspension, or Ineligibility as defined in FAR Subpart 9.4.

(b) BOA is terminated for a reason defined in FAR 52.212-4(l) and (m)

(c) Contractor establishes a pattern, i.e., two or more instances of less than satisfactory performance as that term is defined in FAR 42.1503

(d) No awarded orders for two (2) years

(e) No quote five (5) times within 12 months (A No quote acknowledgment is mandatory if not quoting on an order)

5. Authorized Users

AFLCMC/HNCK Contracting Officers and those Contracting Officers whose Offices have decentralized ordering authority may place orders under this BOA.

6. Invoicing & Payment

Details regarding payment instructions will be identified in each BOA order.

7. Travel and Other Direct Costs (ODC) (Cost-type Contract Line Item Numbers (CLIN) can only be used for these items)

Travel/ODC CLINs have been incorporated into the BOA. All travel costs associated with the performance of specific orders will be reimbursed in accordance with the Joint Travel Regulations (JTR). As such, estimated allowable and allocable travel costs shall not be included in the proposed lump sum price. Costs incurred for transportation and per diem (lodging, meals and incidental expenses) will be billed in accordance with the regulatory implementation of Public Law 99-234, and FAR 31.205-46 Travel Costs.

The contractor shall seek approval from the Contracting Officer or his/her designee prior to traveling. The Government shall not be charged G&A fees for any travel unless explicitly authorized in your firm’s approved disclosure statement. Note that the disclosure statement reflecting that G&A can be charged for travel must be provided with the response to the order RFQ. Costs for transportation, lodging, meals, and incidental expenses incurred by contractor personnel on official company business are allowable subject to the limitations contained in FAR 31.205-46 Travel Costs. ODCs must be purchased IAW the contractor's approved purchasing system, as applicable.

8. Pricing and Price Discounts

Pricing will be requested and determined at the order level. The Contracting Officer will neither make any final commitment nor authorize the contractor to begin work on an order under the BOA until prices have been established, unless the order establishes a ceiling price limiting the Government’s obligation. Failure to reach agreement on price for any order issued before its price is established is a dispute under the Dispute clause included in the BOA.

9. Security

Work will range from Unclassified to TS/SCI with special access required. Security requirements will be determined at the BOA order level. The contractor shall provide personnel with the requisite clearances to support the effort identified in the order and must maintain the clearance required for the duration of the order. US Citizenship is a requirement for contractor personnel performing work under this BOA and personnel must be registered in the Joint Personnel Adjudication System (JPAS). All costs associated with obtaining necessary clearances shall be borne by the contractor. The DD254 will be issued with the RFQ at the order level.

10. Key Personnel

Key personnel will be designated at the order level. Designations and procedures for key personnel are outlined below.

(a) The contractor agrees to assign under the BOA order those personnel whose credentials, experience and expertise meet the qualification requirements identified in the Attachment 3 - Labor Category

LevelUP.

(b) The contractor agrees that a partial basis of award of an order will be the key personnel proposed, including those employed by subcontractors, if applicable. Accordingly, the contractor agrees to assign under the order those key personnel whose credentials, experience and expertise were provided with the quote and which meet the qualification requirements included with the Attachment 3 - Labor Category LevelUP, necessary to fulfill the requirements of the order.

(c) The Contracting Officer and Program Manager/Contracting Officer Representative (COR) shall be notified of any proposed changes at least 10 days in advance. Such notification shall include:

- an explanation of the circumstances necessitating a change

- A complete resume if there is a proposed substitute and

- Any other information needed by the Contracting Officer and Program Manager/COR to enable them to judge that the contractor is maintaining the same quality of personnel as those included at the time of order award.

The Government reserves the right to reject a proposed change in key personnel if it determines that the change will not maintain the quality of personnel proposed at time of award.

11. Administrative Considerations

The BOA Contracting Officer is the only person authorized to make or approve any changes to the requirements or terms and conditions contained in this BOA. In the event the contractor makes any BOA changes at the direction of any person other than the BOA Contracting Officer, the change will be considered to have been made without authority and no adjustment will be allowed to cover any increase in cost incurred as a result thereof.

12. Confidentiality and Nondisclosure

All products produced for this BOA are the property of the U.S. Government and cannot be reproduced, or retained by the contractor. All appropriate project documentation will be given to the Government during or at the conclusion of this BOA and/or order. The contractor shall not release any information without the written consent of the Contracting Officer.

Personnel working on any order, at the Government's request, may be required to sign formal non-disclosure and/or conflict of interest agreements to guarantee the protection and integrity of Government and/or contractor information and documents. The contractor shall not release, communicate or otherwise disseminate information to any other parties without the written consent of the Contracting Officer.

13. Protection of Information

The contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of work under this BOA and/or order. In addition, the contractor shall protect all Government data, equipment, etc. by treating the information as sensitive.

Sensitive but unclassified information, data, and/or equipment will only be disclosed to authorized personnel as described at the order level. The contractor shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected. When no longer required, this information, data, and/or equipment shall be held until the Contracting Officer either directs that it be returned to Government control or destroyed. Items returned to the Government shall be hand carried or mailed to the Contracting Officer or other designee. The contractor shall destroy unneeded items by burning, shredding or any other method that precludes the reconstruction of the material.

BASIC ORDERING AGREEMENT (BOA)