Attch 4 - Call Ordering Procedures.pdf

Enterprise Services Center (ESC)

ATTACHMENT 4

CALL ORDERING PROCEDURE

ESC Information Technology –

Teaming

Partner Acquisition

Enterprise Services Center 6500 South MacArthur Boulevard

Oklahoma City, OK 73125

June 22, 2023

CALL ORDERING PROCEDURE

IT IS THE INTENT OF THE FAA TO ISSUE CALL ORDERS TO MULTIPLE

BLANKET PURCHASE AGREEMENT (BPA) HOLDERS.

1. OPERATION OF THE BLANKET PURCHASE AGREEMENT

(a) This BPA will represent one of many multiple agreements issued for Enterprise

Services Center (ESC) Shared Service Provider Support Services as set forth in the Performance Work Statement (PWS), to be performed at various locations during the term of the agreements.

Requests for Proposals will be sent as individual projects arise.

(b) The Government may order services described at paragraph (a) from the contractor pursuant to Issuance Processes/Procedures (below), subsequent to the selection of a teaming partner(s) pursuant to Procedures for Selection of Teaming Partner(s) From Among Multiple Agreement Awardees (below).

(c) Only multiple BPA holders may receive an award Call Orders. Individual Call Orders under these BPAs will not exceed $20M

(d) It is anticipated that individual Call Orders “under this BPA will not exceed the BPA the call order maximum of $20M, and the call order aggregate value will not exceed the BPA ceiling of $48,199,168.53. In conjunction with the maximum not-to-exceed total amount, an estimated dollar amount for each year (over a five-year period) will be applied based on the estimated per each year. Moreover, there is no maximum dollar limitation place on individual contract period; however, the BPA will be considered complete should the maximum not-to-exceed total amount of $ 48,199,168.53 be reached during any period of the contract.

(e) There is no guarantee of business opportunities resulting from this BPA. Reference Multiple BPA Modified-Requirements (below).

2. PROCEDURES FOR SELECTION OF TEAMING PARTNER(S) FROM AMONG

MULTIPLE CONTRACT AWARDEES

(a) Potential Customer (Agency) opportunities anticipated over the course of the BPA make it highly desirable on FAA’s as well as ESC’s part to utilize the expertise and capabilities of each contractor. Given that more or less five Blanket Purchase Agreements. ESC’s identification of a Teaming Partner via call order award must afford considerable flexibility.

Time is generally critical as ESC and its Teaming Partner(s) must be timely in responding to the ESC’s Request for Proposal (RFP) to be successful in a highly competitive environment.

(b) To facilitate the selection of a Teaming Partner Agreement holder, the FAA will consider the following:

(1) All agreement holders with an abbreviated competitive process (time permitting— absent other overriding considerations/issues, such as best value or lowest priced technically acceptable);

(2) Organizational Conflicts of Interest (OCI) issue(s);

(c) The decision by the FAA as to its selection of ESC’s Teaming Partner and any subsequent issuance of a Call Order that might result will be final and conclusive. Any protest must be provided to the Contracting Officer in writing within 3 business days.

3. CALL ORDER ISSUANCE PROCESSES/PROCEDURES

(a) Performance under this Multiple BPAs shall be subject to the ordering procedures outlined herein.

(b) All work to be performed under these BPAs shall be within the scope of the Call

Statement of Work (CSOW)/Call Performance Work Statement (CPWS), and shall not commence until so authorized by the Contracting Officer with the issuance of a Call Order.

(c) Call Order(s) under this Multiple BPA will be issued only by duly authorized Contracting Officers of the Federal Aviation Administration at the Mike Monroney Aeronautical Center.

(d) Call Orders to the Multiple BPA will be issued upon the following events/occurrences:

(1) If the ESC requires operation and maintenance (O&M) support services subsequent to the completion of implementation/integration support services, it will be requested within the Call Order.

(2) Special Projects. The contractor will submit a proposal within 10 calendar days (or the timeframe established by the CO) from the date of receipt of the Call Order. Following receipt of the contractor’s proposal, negotiations, if required, will be conducted to establish a price based on the nature of the pricing arrangement.

(f) All Call Orders and any subsequent modifications will be numbered and issued on forms specified and provided by the Government.

(g) All Call Order and any subsequent modifications shall contain the following information (as applicable):

(1) Call Order number;

(2) FAA technical point-of-contact;

(3) Period of performance;

(4) Description of the work to be performed;

(5) Estimated Not-to-Exceed Price or Fixed-Price;

(6) Estimated labor hours/mix;

(7) Anticipated travel requirements;

(8) Start and completion dates, with major milestones;

(9) Deliverables (to include CDRLs) with required delivery dates;

(10) Personnel Security requirements;

(11) Required insurance; and,

(12) List of Government Furnished Property, Equipment, and/or Information

(GFP/GFE/GFI).

4. CALL ORDER MODIFICATION EVALUATION

(a) Call Order Modifications may be issued under this Multiple BPA by the Contracting

Officer at any time within the term of this Call Order or any extension under the option clause.

(b) For each Call Order Modification, the following items may be evaluated:

(1) Technical proficiency and accuracy of deliverables;

(2) Quality of services delivered;

(3) Timeliness of deliverables and/or services;

(4) Attrition and retention of employees;

(5) Cost control of Call Order Modification effort;

(c) The Contracting Officer will issue all Call Order Modifications.

5. CONFIDENTIALITY OF DATA AND INFORMATION

(a) The Contractor and any of its subcontractors, in performance of this Multiple BPA may need access to and use of various types of data and information in the possession of the Government, i.e., ESC or its Customer, which the Government obtained under conditions which restrict its right to use and disclose data and information or which may be of a nature that its dissemination or use, other than in the performance of this Multiple BPA would be adverse to the interests of the Government or other parties. Therefore, the Contractor and its subcontractors agree to abide by any restrictive use conditions on such data and to not:

(1) knowingly disclose such data and information to others without written authorization from the Contracting Officer, unless the Government has made data and information available to the public; and,

(2) use for any purpose other than the performance of this Multiple BPA any data which bears a restrictive marking or legend.

(b) In the event the work required to be performed under these BPAs requires access to proprietary data of other companies, the Contractor must obtain agreement from such other companies for such use unless such data are provided or made available to the Contractor by the Government. Two copies of such company-to-company agreements must be furnished promptly to the Contracting Officer for information only. These agreements must prescribe the scope of authorized use of disclosure and other terms and conditions to be agreed upon between the parties thereto. It is agreed by the Contractor that any such data, whether obtained by the Contractor pursuant to the aforesaid agreement or from the Government, must be protected from unauthorized use or disclosure to any individual, corporation, or organization so long as it remains proprietary.

(c) The Contractor agrees to conduct formal training to make employees aware of the requirement to maintain confidentiality of data and information, as required above, to the end that they will be disciplined if the necessity to refrain from divulging either the proprietary data of other companies or data that are obtained from the Government to anyone except as authorized.

The Contractor must obtain from each employee engaged in any effort connected with this contract an agreement, in writing, which must in substance provide that such employee will not, during his/her employment by the Contractor or anytime thereafter, disclose to others or use for his/her own benefit or the future benefit of any individual any trade secrets, confidential information, or proprietary/restricted data (to include Government "For Official Use Only") received in connection with the work under this contract.

(d) The Contractor agrees to hold the Government harmless and indemnify the Government as to any cost/loss resulting from the unauthorized use or disclosure of third party data or software by the Contractor, its employees, subcontractors, or agents.

(e) The Contractor agrees to include the substance of this clause in all subcontracts awarded under this contract. The Contracting Officer will consider case-by-case exceptions to this requirement for individual subcontracts in the event that:

(1) the Contractor considers the application of the prohibition of this clause to be inappropriate and unnecessary in the case of a particular subcontract;

(2) the Contractor provides a written statement affirming absolute unwillingness of a subcontractor to perform, absent some relief from the substance of this prohibition;

(3) use of an alternate subcontract source would unreasonably detract from the quality of effort; and,

(4) the Contractor provides the Contracting Officer timely written advance notice of these and any other extenuating circumstances.

(f) Except as the Contracting Officer specifically authorizes in writing, upon completion of all work under this Call Order, the Contractor must return all such data and information obtained from the Government, including all copies, modifications, adaptations, or combinations thereof, to the Contracting Officer. Data obtained from another company must be disposed of in accordance with the Contractor's agreement with that company, or if the agreement makes no provision for disposition, must be returned to that company. The Contractor must further certify in writing to the Contracting Officer that all copies, modifications, adaptations, or combinations of such data or information which cannot reasonably be returned to the Contracting Officer (or to the appropriate company), have been deleted from the Contractor's (and any subcontractor's) records and destroyed.

(g) These restrictions do not limit the Contractor's (or subcontractor's) right to use and disclose any data and information obtained from another source without restriction.

6. ORGANIZATIONAL CONFLICTS OF INTEREST

Reference Performance Work Statement Section 2.16 and applicable BPA clauses.