Attch 2 --Ops Log Tng Procedures Guide (8 Nov 2021) Final.pdf

PROCEDURES GUIDE

FOR

DEPARTMENT OF DEFENSE (DoD)

COUNTER NARCOTICS AND GLOBAL THREATS (CN&GT)

MULTIPLE AWARD (MA)

INDEFINITE DELIVERY / INDEFINITE QUANTITY (ID/IQ)

OPERATIONS, LOGISTICS & TRAINING SUPPORT

TABLE OF CONTENTS

Introduction

Scope of Operations, Logistics and Training IDIQ

Operations, Logistics and Training IDIQ Pools and Contractors

ON/OFF Ramping

Ordering Procedures

Step 1: Acquisition Planning Considerations

Step 2: Develop the Solicitation

Step 3: Issues the Solicitation

Step 4: Evaluate Proposals

Step 5: Award the Task/Delivery Order

Step 6: Administer the Order/Execute the work

Step 7: Close-out the Order

Key Personnel

Organizational Conflicts of Interest (OCI)

Small Business Representation and Re-representations

Introduction

The objective of the Counter Narcotics and Global Threats (CN&GT) Operations, Logistics and Training Support Services Multiple Award Indefinite Delivery/Indefinite Quantity (MA ID/IQ) is to provide services, equipment, material and minor construction services; training assessments, development and delivery to improve the capability of US and partner nation agency organizations and endeavors to detect, deter, disrupt, degrade and defeat national security threats posed by illegal drugs, trafficking, piracy, transnational organized crime, threat finance networks, and any potential nexus among these activities.

The Operations, Logistics and Training ID/IQ will cover a nine (9) year ordering period. At the end of the nine (9) year ordering period, contractors will have 365 days for all final deliveries and completion of services. The Operations, Logistics and Training IDIQ was awarded as full and open with a partial small business set aside for Training. This guide describes the procedures for agency users, highlighting procedures specific to the Operations, Logistics and Training IDIQ; it does not address general contracting issues or concepts.

Scope of the Operations, Logistics and Training IDIQ

The services under the CN&GT MA ID/IQ contracts will support all organizations supporting or supported by DoD, DASD (CN&GT), Defense Security Cooperation Agency (DSCA), Service Components, CCMD, Major Commands, and subordinate organizations to meet national defense strategies and objectives. Summaries of relevant missions include CN, Counter-Illicit Drug Trafficking (CIDT), Counter-Transnational Organized Crime/Criminal Networks (CTOC), Counter Terrorism (CT), Maritime and Border Security (MBS), Counter-Threat Finance/Illicit Finance Activities (CTF), Detection & Monitoring (D&M), Military Intelligence Operations/Cyber Operations, Counter-Weapons of Mass Destruction (CWMD), and Security Cooperation (SC), BPC.

The CN&GT MA ID/IQ contracts cover services that are: commercial and non-commercial;

classified and non- classified; and CONUS and OCONUS. All task orders must be within scope of the PWS.

CN&GT MA ID/IQ Pools and Contractors

This multiple-award IDIQ will have two (2) Pools, one (1) for full and open competition and one

(1) for small business set-asides. All contractors awarded a contract under this IDIQ will be given a fair opportunity to compete for task/delivery orders in their respective Pool unless the task/delivery order is exempt from fair opportunity competition in accordance with FAR 16.505 and DFARS 216.505.

Pool 1 - Primary NAICS – 561210, Facilities Support Services – Full and Open competition. Small business set-aside consideration (if applicable) at task/delivery order level will be at Contracting Officer discretion.

Pool 2 - Primary NAICS – 611430, Professional and Management Development Training

– Small business set-aside. There are no set-asides for any small business socio-economic program sub-categories (i.e. service-disabled, veteran owned or woman-owned) for orders in this pool. A small business that changes its status to large business as a result of the representation process described in FAR 19.301 will not be off ramped; however, the agency cannot include the value of the order in its small business prime contracting goal achievements.

ON/ OFF-RAMP

The Government reserves the right to reopen competition at any time during any ordering period of this contract. The Government intends to review the need for additional capabilities to fulfill anticipated requirements and to keep the competition pool viable. If additional capabilities are needed, the Government will utilize the on-ramp procedure. Any additions due to on-ramps will not impact the operations, logistics and training IDIQ ceiling. The ordering period for new awardees will not exceed the overall maximum term of the original IDIQ contract, including options (i.e., will not extend past the dates established at initial award). The Government will not accept unsolicited submissions.

ON-RAMP PROCEDURES

The Government will continually engage with IDIQ awardees, industry external to the IDIQ and requirement owners to determine if/when on-ramp is needed to meet current or emerging requirement. On-going market research will also be performed to determine if/when on-ramp is needed. When on-ramp is used, the Government will advertise the reopening of the competition on betaSam.gov. The evaluation and selection of awardees for any on-ramp will utilize the same or similar evaluation and award criteria used for the initial IDIQ contract. Any new awardees will compete with existing or remaining Contractors for task and delivery orders.

OFF-RAMP PROCEDURES

The Government reserves the right to utilize off-ramps when it determines a Contractor’s performance is less than Satisfactory or the Contractor is unable to provide adequate support or a contractor demonstrates a lack of participation. Adequate support is defined as the Contractor’s ability to fulfill contract requirements. Lack of participation is defined as no active task or delivery order awards and a failure to actively engage with the Government regarding requirements or to bid on at least three (3) task or delivery orders over any two-year period.

Contractors with less than satisfactory performance may be removed from the IDIQ contract at any time. No Contractor will be removed from the contract without documentation from the Contracting Officer of less than satisfactory performance. Offerors removed from the IDIQ contract through the off-ramp provision are not eligible for subsequent "on-ramp" consideration.

In the event of merger between any large or small business under this IDIQ, any contractor cannot have more than one contract in a specific pool; one of the two contracts must be in dormant status or inactive at the IDIQ level.

Contractors who desire removal from the contract for any reason not related to poor performance shall provide detailed documentation supporting why their removal is in the best interest of the Government. Documentation shall be submitted to the MA IDIQ Program Manager for consideration.

ORDERING PROCEDURES

Task Order/Delivery Order (TO/DO) proposals and awards shall comply with FAR 16.505, DFARS 216.505, and AFFARS 5316.505. Orders shall be awarded as Firm-Fixed-Price (FFP), Fixed-Price Incentive (FPI), Cost-Plus-Fixed-Fee (CPFF) or Cost-Plus-Incentive-Fee (CPIF) along with Cost Reimbursement (CR) CLINs (i.e., travel, ODCs, etc.) or any contract type as outlined in FAR Part 16 as determined by the Contracting Officer (CO). All issued delivery/task orders will be in compliance with the basic contract terms and conditions. The process for a delivery/task order award includes issuance of a Fair Opportunity Proposal Request (FOPR), questions and answers (when applicable), proposal submission, proposal evaluation, interchanges (when applicable) and order award.

Task orders will be solicited upon award of the CN&GT MA ID/IQ contract and may extend up to one (1) year after the CN&GT MA ID/IQ master contract term expires. Task order option periods may be exercised after the CN&GT MA ID/IQ term expires as long as the final task order option period does not extend beyond one (1) year after the expiration of the CN&GT MA ID/IQ term. The CN&GT MA ID/IQ will expire on XXMonth2032 - no extensions are available.

After the CN&GT MA ID/IQ contract term expires, the CN&GT MA ID/IQ contracts will remain active for administration only. The CN&GT MA ID/IQ contracts shall govern the terms and conditions of active task orders to the same extent as if they were completed during the CN&GT MA ID/IQ term.

Step 1: Acquisition Planning Considerations

The CO will issue a FOPR to all prime contractors in the respective pool based on the NAICS code selected, unless a fair opportunity exception exists. All prime contractors are encouraged to submit a proposal in response to each FOPR. The FOPR will include specific instructions for the submission of proposals and may include the following information, as applicable:

1. A description of the specified work [i.e. Performance Work Statement (PWS), Statement of Work (SOW), and Statement of Objectives (SOO)] and data items required, including the site location;

2. The anticipated performance period/delivery date and critical milestones;

3. The deadlines for questions and proposal due date;

4. The anticipated TO/DO contract type: FFP, FPI, CPFF, CPIF;

5. The anticipated CLIN structure;

6. Any Government-Furnished Property (GFP), information (GFI), facilities (GFF) and base support to be made available for performance under the task order,

7. Evaluation factors and subfactors that will be considered in evaluating proposals, and their relative importance;

8. Additional information determined necessary by the Government as part of the FOPR package; and

9. The selection criteria that will be used in making the award decision (i.e. lowest priced technically acceptable (LPTA) or tradeoff). If the Government decides to issue a FOPR using tradeoff, the FOPR will identify what factors are being traded off.

Technical Proposals. The Government will specify the maximum page limits for each TO/DO technical proposal in the FOPR. Proposals shall not merely restate SOO/SOW/PWS requirements. The Government may exercise broad discretion in establishing the evaluation criteria.

Past Performance. Evaluation of offerors’ Past Performance may be required.

Price/Cost Proposals. A written price/cost proposal may be required. The price/cost factor may be evaluated for reasonableness, balance, realism, or completeness. All FOPRs will include a CLIN sheet for the offerors to include their pricing. The Government may require supporting documentation for the prices proposed’ to include subcontracting data. This requirement will be determined at the FOPR level.

The ratings for each factor/subfactor that will be traded off shall be IAW FAR 16.505, DFARS 216.505, AFFARS 5316.505 and outlined in the FOPR. For factors/subfactors that will not be traded off, the ratings will either be acceptable or unacceptable. For FOPRs with an LPTA strategy, all technical factors/subfactors will either be acceptable or unacceptable. In the event of an unacceptable rating for any factor/subfactor, the proposal may be un-awardable. The specific Selection Methodology used at the TO/DO level is dependent upon the complexity and risk associated with the specific acquisition and will be determined by the contracting officer. The tradeoff process may be used for the more complex, higher risk acquisitions. The LPTA methodology may be used for less complex, lower risk acquisitions. The Government shall always evaluate the proposals IAW the stated evaluation criteria in the FOPR.

Unless an authorized exception applies, fair opportunity procedures prescribed for the dollar value of the task order must be used. If the CO plans to award an order based on an exception to fair opportunity, applicable Justifications and Approvals will be prepared and obtained as part of the planning process. Any required notices and postings will also be issued. A Heads Up Memorandum (HUM) may be sent to IDIQ awardees prior to solicitation for contractor preplanning and review purposes.

NAICS 561210 is full and open competition. Orders may be set aside to Small Business Primes in this competition pool at the discretion of the Contracting Officer.

NAICS 611430 is a total small business set-aside. All orders issued under this NAICS are automatically considered set-aside for small business. Unless the order solicitation explicitly requires size/socioeconomic recertification at the order level, the CO shall rely on the size/socioeconomic status shown in the CN&GT MA ID/IQ Training awards. All Training Contractors’ size/socioeconomic status remains unchanged in each of their contracts unless modified by a FAR 52.219-28 representation. Note that FAR 52.219-28 representation is required prior to the end of the fifth year of the contract

Task Order Contract Types

Subject to FAR and Agency level required consideration criteria, limitations, and/or prohibitions, contracting officers may use any appropriate contract type. If using a hybrid of contract types, a separate Contract Line Item Numbers (CLINs) for the work under each contract type will be annotated with the associated contract type. These include, but are not limited to:

Fixed-price, all types Cost-reimbursement, all types Time-and-materials Labor-hour Hybrids of any of these types

Step 2: Develop the solicitation

The solicitation form and format for task/delivery orders normally prescribed will be used for task/delivery order solicitations, consistent with FAR 16.505 procedures.

In addition to the information required by FAR 16.505(a)(7), all task order solicitations shall be requests for proposals (RFPs) and shall provide the following information at a minimum:

NAICS Pool Being Solicited

SOW/PWS/SOO

Type of Services (Commercial or Non-Commercial) CLIN Structure Evaluation Factors Source Selection Methodology Contract Type(s) Period of Performance Place of Performance Proposal Due Date Proposal Instructions Other Pertinent Information (for example: agency specific clauses, optional clauses, etc.)

Clauses and provisions

CN&GT MA ID/IQ establishes that all Applicable and Required provisions/clauses set forth in FAR 52.301 automatically flow down to all CN&GT MA ID/IQ Orders, based on their specific contract type (e.g. cost, fixed price etc.), statement of work, competition requirements, commercial or not commercial, and dollar value as of the date the order solicitation is issued.

The CO must include any FAR clauses in full text that need to be filled in (e.g. FAR 52.217-9 applicable to orders with options).

The CO must identify in the task order solicitation whether FAR Part 12 commercial clauses/provisions apply or do not apply. Furthermore, the CO must include any Optional, and/or Agency-Specific provisions/clauses for each individual task order solicitation and subsequent award.

https://www.acquisition.gov/content/52217-9-option-extend-term-contract

Step 3: Issue the solicitation

Each contractor will be notified via Fair Opportunity Proposal Requests (FOPRs) when a requirement is prepared for solicitation. The FOPR shall contain the specifics of each requirement, proposal due dates, selection methodology and a government point of contact.

A “no-bid” statement is required if a contractor elects not to submit a proposal for any requirement. The contractor shall submit a “no bid” statement by email to the Contract Manager and Contracting Officer prior to the FOPR response due date. The contractor shall provide a rationale for not proposing in the “no bid” statement.

Step 4: Evaluate Proposals

The Government intends to make an award for each TO/DO based on the initial proposal submissions and in accordance with the selection criteria established in the FOPR. The Government reserves the right to hold interchanges at any time if it is determined to be in the best interest of the Government. Interchanges are fluid interactions between the contracting officer (CO) and the contractors that may address any aspect of the proposal. Offeror responses to interchanges shall be considered in making the order selection decision.

At the conclusion of evaluations, the Government will make an award to the offeror determined to be the best value to the Government, subsequent to the source selection procedure described in the FOPR. It is anticipated that all awarded TO/DOs will be issued electronically.

COs shall evaluate proposals based on the methodology stated in the task order solicitation to maintain fairness in the ordering process and mitigate protest risk. The CO is responsible for analyzing order proposals and documenting the cost or price evaluation to include a determination that the final agreed to price is fair and reasonable. To the maximum extent practicable, price analysis should be based on competition.

Security Clearance considerations for classified orders. The task order solicitation will clearly express all requirements for security clearances, both facility, and personnel. Please adhere to all classified handling procedures at all times.

Step 5: Award the task order

IAW FAR 15.504, the contracting officer shall award a contract to the successful offeror by furnishing the executed contract or other notice of the award to that offeror. IAW FAR 15.503, within 3 days after the date of contract award, the contracting officer shall provide written notification to each offeror whose proposal was in the competitive range but was not selected for award. Any requests for debriefing will be conducted IAW FAR Part 15.

Order Level Protests

In accordance with FAR 16.505(a)(10)

(i) No protest under subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task-order contract or delivery-order contract, except— https://www.acquisition.gov/far/part-33#FAR_Subpart_33_1

(A) A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or

(B)(1) For agencies other than DoD, NASA, and the Coast Guard, a protest of an order valued in excess of $10 million (41 U.S.C. 4106(f)); or

(2) For DoD, NASA, or the Coast Guard, a protest of an order valued in excess of $25 million (10 U.S.C. 2304c(e)).

(ii) Protests of orders in excess of the thresholds stated in 16.505(a)(10)(i)(B) may only be filed with the Government Accountability Office, in accordance with the procedures at FAR Part 33.104.

Step 6: Administer the order/execute the work.

If applicable, a Quality Assurance Surveillance Plan (QASP) will be developed to implement AFI 63-501 Air Force Acquisition Quality Program and AFI 63-138, Chapter 6, Service Acquisition Management & Oversight. The QASP is applicable to personnel performing contract surveillance audits IAW FAR Part 46, AFI 63-501, AFI 63-138, Chapter 6 and organizational policy. It is designed to provide the Contracting Officer Representative (COR) a systematic surveillance method for each service identified in the contract, The CO is responsible for ensuring Contractor performance meets the minimum requirements established in the order, documenting the order file and communicating with the contractor to ensure the Government is receiving the contracted services. Monitoring Contractor performance shall be delegated to a contracting officer’s representative (COR). The specific authority/limitations of the COR shall be outlined in an appointment letter, a copy of which will be provided to the Contractor.

Each CO is responsible for ensuring that the Contractors’ performance on each order is reported in CPARS in accordance with the policies in FAR subpart 42.15. Agency procedures for preparation, review, and submission of performance reports will be followed and reported in CPARS at order level as well as for the Multiple Award IDIQ.

Step 7: Close out the Order

IAW FAR 4.804, (1) Files for contracts using simplified acquisition procedures shall be considered closed when the contracting officer receives evidence of receipt of property and final payment, unless otherwise specified by agency regulations. (2) Files for firm-fixed-price contracts, other than those using simplified acquisition procedures, should be closed within 6 months after the date on which the contracting officer receives evidence of physical completion.

(3) Files for contracts requiring settlement of indirect cost rates should be closed within 36 months of the month in which the contracting officer receives evidence of physical completion.

(4) Files for all other contracts should be closed within 20 months of the month in which the contracting officer receives evidence of physical completion.

A Release of claims will be requested from the Contractor to document the order is physically complete, all performance obligations have been satisfied, there are no outstanding invoices or pending final payments and the contractor has been fully compensated for all services provided under the order.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4106(f)&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c(e)&num=0&edition=prelim https://www.acquisition.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/part-33#FAR_33_104

KEY PERSONNEL

The Contractor agrees to assign a program manager for the contract whose credentials, experience and expertise meet the qualification requirements for this IDIQ. The contractor will be responsible for ensuring compliance with Joint Ethics Regulation, DoD 5500.7-R. This requirement may be waived or modified at the discretion of the Contracting Officer.

The Contractor agrees to assign an alternate program manager for the contract whose credentials, experience and expertise meet the qualification requirements for this IDIQ. The contractor will be responsible for ensuring compliance with Joint Ethics Regulation, DoD 5500.7-R. This requirement may be waived or modified at the discretion of the Contracting Officer.

ORGANIZATIONAL CONFLICTS OF INTEREST (OCI)

Parties recognize that the Contractor will play a very visible and responsible role in the fulfillment of a broad and comprehensive spectrum of contingency support type requirements. This role may allow for access to information that is not available to the public, which: (1) might give the Contractor an unfair competitive advantage; and/or (2) creates an appearance that the Contractor has an unfair competitive advantage even if no such advantage actually exists. The technical judgment of the Contractor will influence the systems, training, services, policy or guidance adopted by the Air Force, and the Contractor may play a key technical review role over other contractors' work. Both the Government and contractors must have the utmost confidence that acquisitions are fair and that the Contractor's judgment and recommendations are objective, impartial, and independent.

OCI issues shall be identified at the earliest stage, governed under and reviewed in accordance with Section H, paragraph H-2 of the ID/IQ contract, FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, and FAR Part 3, Improper Business Practices and Personal Conflicts of Interest, and AFFARS 5352.209-9000 and 5352.209-9001. If performance of a task could cause an organizational conflict of interest within the meaning of this requirement with a contract or subcontract held by the Contractor, its parent, subsidiaries or affiliates, which pre-existed the identification of the task to the Contractor, the Contractor must disclose the conflict of interest to the Contracting Officer. If the Contracting Officer confirms that a conflict exists, the parties will consider alternatives available, if any, to eliminate the conflict and mutually resolve it considering the relative burdens created by the prospective solutions. If, when proposing on orders under this contract, the Contractor believes that a real or perceived OCI may exist (i.e., based on concerns of unequal access to nonpublic information, impaired objectivity, or biased ground rules),the contractor shall submit an OCI Avoidance or Mitigation Plan with its proposal on the task order. If the OCI may not be mitigated, then the Contractor may be determined ineligible for participation in potential acquisitions.

Small Business Representations and re-representations.

In accordance with FAR19.301-2 Re-representation by a contractor that represented itself as a small business concern.

(d)

(1) Contract re-representation. After a contractor re-represents for a contract that it no longer qualifies as a small business concern identified in 19.000(a)(3) in accordance with 52.219- 28, the agency may no longer include the value of options exercised, modifications issued, orders issued, or purchases made under BPAs on that contract in its small business prime contracting goal achievements. When a contractor's re-representation for a contract qualifies it as a different small business concern identified in 19.000(a)(3) than what it represented for award, the agency may include the value of options exercised, modifications issued, orders issued, or purchases made under BPAs on that contract in its small business prime contracting goal achievements, consistent with the re-representation. Agencies should issue a modification to the contract capturing the re-representation and report it to FPDS within 30 days after notification of the re-representation.

(2) Re-representation for a task or delivery order.

(i) When a contractor re-represents for an order that it no longer qualifies as a small business concern identified in 19.000(a)(3), the agency cannot include the value of the order in its small business prime contracting goal achievements. When a contractor's re-representation for an order qualifies it as a different small business concern identified in 19.000(a)(3) than what it represented for contract award, the agency can include the value of the order in its small business prime contracting goal achievement, consistent with the re-representation.

(ii) A re-representation for an order does not change the size or socioeconomic status representation for the contract.

(e) A change in size status does not change the terms and conditions of the contract. However, the contracting officer may require a subcontracting plan for a contract containing 52.219-9, Small Business Subcontracting Plan, if a prime contractor's size status changes from small to other than small as a result of a size re-representation (see 19.705-2(b)(3)).

SMALL BUSINESS PRIMES: The Government requires all Operations, Logistics and Training small business prime contractors to submit a re-representation of their small business size status in accordance with (IAW) FAR 19.301-2(b)(1)(iii). Validate or update the Representations and Certifications section of the System for Award Management (SAM) and other data in SAM, as necessary, to ensure that it reflects the contractor's current small business size status based on the size standard in effect at the time of this request, that corresponds to North American Industry Classification System (NAICS) code(s) 561210 Facilities Support Services and 611430 Professional and Management Development Training. The Contractor shall notify the contracting officer in writing within the timeframes specified.

LARGE BUSINESS PRIMES: are not required to provide representations, but may submit a re-representation of their size status if the contractor now qualifies as a small business concern IAW

FAR 19.301-3.

Prime contractors that are no longer small businesses under NAICS 561210 or 611430 may continue to compete on future full & open orders as a large business prime, but are no longer https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-19#FAR_19_705_2 able to compete on orders set aside for small businesses. Conversely, large business primes that recertify and qualify as a small business would become eligible to participate in small business set-asides.

A subcontracting plan may be required from prime contractors that were previously small business primes but are now considered Large Business Primes IAW FAR 19.301-2(e), and FAR 19.705-2(f).