EWAAC Ordering Procedures - DRAFT.pdf

EGLIN-H001 ORDERING PROCEDURES (INSTRUCTIONS TO OFFERORS) (MAY 2021)

1.0 PURPOSE

The purpose of the Eglin Wide Agile Acquisition Contract (EWAAC) Multiple Award IDIQ(unrestricted MAC IDIQ,) is to provide Digital, Open and Agile supplies and services as they pertain to Weapons and Enterprise Analytics requirements at Eglin AFB. This guide provides procedures for ordering and administration. The contract terms are identified and explained in this ordering guide to ease the purchasing process. This MAC IDIQ platform was established as a means to foster competition and give all businesses, to include small and non-traditional businesses, an opportunity to expand into the armament field.

1.1 MANDATORY USAGE

These IDIQ contracts are not mandatory but highly encouraged to foster competition and small business participation.

1.2 EFFECTIVE DATES (PERIOD OF PERFORMANCE)

Delivery Orders (DOs) may be placed against the EWAAC IDIQ contracts from contract award through an initial three year ordering period. At the end of the three years; there are two option periods. The first option is for two (2) year ordering period and the third (3) and final option period is for five (5) year ordering period. Therefore, the total potential ordering period is for ten (10) years. The performance period of an order can extend beyond the end of the ordering period, but not more than one year.

1.3 ELIGIBILITY

The EWAAC IDIQ use will be geared towards the following Eglin Armament customers; Armament Directorate (AFLCMC/EB), SOCOM Det 1, Air Force Research Laboratory (AFRL) and the Nuclear Warfare Center (NWC). Other service departments and federal agencies may be authorized to use the IDIQs if their mission matches the Armament’s mission.

1.4 FUNDING

All types of funding may be used under these MAC IDIQs.

1.5 MINIMUM GUARANTEE

An initial DO in the amount of $1,000.00, for a post-award conference, will be awarded upon execution of each EWAAC IDIQ Awardee.

2.0 GOVERNMENT REQUESTS FOR DELIVERY ORDER PROPOSALS.

All DOs under these contracts, other than the initial orders discussed in 1.6 above, will be placed using the procedures under FAR 16.505 - Ordering. Specific program requirements will be initiated by a Fair Opportunity Proposal Request (FOPR) for each delivery order. When the Government has a requirement for work to be performed, the Contracting Officer (CO) will post, a full and open competition synopsis and/or FOPR will be issued to all awardees under the EWAAC MAC IDIQs. All awardees on the basic IDIQs will then be given a fair opportunity to be considered for each delivery order award as specified under FAR 16.505(b), unless an exception as outlined in FAR 16.505(b)(2) applies.

2.1 FOPRs

At the inception of a DO, the government customer will draft a synopsis of the work to be performed. The Government intends to issue the FOPR to all EWAAC MAC IDIQ vendors. The FOPR will include a due date for proposal submission and either a SOW or SOO that will include a detailed description of the work to be accomplished, a listing of deliverables, a description of the evaluation criteria, and any additional data as appropriate. The FOPR will also include specific instructions for the submission of proposals and other information deemed appropriate.

DRAFT

In the case a fair opportunity exception applies, the DO may be issued to just one vendor. The Government will attempt to provide at least seven (7) calendar days for the Offeror(s) to prepare and submit proposals. However, more or less time may be requested based on the individual requirement.

The due date will be set forth in each FOPR. If a contractor elects not to propose on a requirement, contractors shall submit a "no bid" reply in response to the FOPR. All "no bids" shall include a brief statement as to why the vendor is unable to perform.

2.2 TECHNICAL PROPOSALS

The FOPR will state whether an oral proposal is required in addition to, or instead of, written technical proposals. Technical proposal information will normally be streamlined to a limited number of pages and/or time limit on presentations. Proposals shall not merely restate the SOW or SOO. Both oral and written technical proposals will be tailored to individual requirements. The following are examples of information that may be requested:

- Technical/Management Approach

- Key Personnel Assigned (Qualification)

- Quantities/Hours of Personnel by Labor Categories

- Other Direct Costs (ODCs) (materials and supplies, travel, training, etc.)

- Risks

- Period of Performance

- Government Furnished Equipment/Property (GFE/P)/Government Furnished Information (GFI)

- Security (including clearance levels)

- Teaming Arrangements (including subcontracting)

- Relevant Experience

- Past Performance

- Other pertinent data deemed necessary

2.3 FOPR PREPARATION COSTS

The contractor shall assume all costs associated with preparation of proposals for DO awards as an indirect charge. The Government will not reimburse awardees for proposals as a direct charge.

2.4 DO Issuance

The preferred method of issuance of DOs is by e-mail; where e-mail is not available for delivery of DOs they will be transmitted by DoD SAFE. Regardless of method of delivery, the DOs will be issued using a DD Form 1155, Order for Supplies and Services and other applicable forms.

2.5 Unauthorized Work

The contractor is not authorized at any time to commence DO performance prior to issuance of a signed DO or other written approval provided by the Contracting Officer.

3.0 SELECTION OF CONTRACTORS FOR ORDER AWARDS

3.1 EVALUATION

Evaluation, proposal procedures, and other information specific to particular requirements will be articulated in the individual DO FOPRs. However the overall execution philosophy of EWAAC will be utilization of a minimum number of discriminators needed to determine awardee acceptability, therefore the Government will be streamlining competitions at the DO level by requesting a minimum amount of documentation from Offerors. The following are possible methods for evaluation:

ꞏ Lowest Price Technically Acceptable (LPTA) ꞏ Full Trade Off

Evaluation factors at the DO level may include:

ꞏ Technical Approach /Technical Risk (combined or separate) ꞏ Past Performance ꞏ Price/Cost (FFP, CPFF, CR and CPIF) ꞏ Other evaluation factors specified in the FOPR

3.2 STANDARDS.

As specified in individual DOs and/or consistent with EWAAC IDIQ Contract terms and conditions.

3.3 DELIVERY.

As specified in individual DOs and/or consistent with EWAAC IDIQ Contract terms and conditions, any data deliverable required from the contractor will be identified on a DD Form 1423-1, Contract Data Requirements List (CDRL).

3.5 PERIOD OF PERFORMANCE

As specified in individual DOs and/or consistent with EWAAC IDIQ Contract terms and conditions.

3.6 SECURITY

The majority of DO requirements on this contract will be at a minimum the SECRET level. Security requirements shall be addressed at the DO level. A DD 254 is required whenever a contractor is going to have access to sensitive and/or classified information.

4.0 Other Pertinent Information

4.1 The Contracting Officer is not required to synopsize orders on the Government Point of Entry under this contract.

4.2 Protests are limited to information IAW FAR 16.505(a)(10)(i).

4.3 For orders that do not exceed the simplified acquisition threshold, the Contracting Officer is not required to request written proposals, conduct discussions, nor otherwise contact each contract holder before selecting an order awardee if the Contracting Officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order.

4.4 The Contracting Officer for each order is responsible for closing out the contract action that they issue. Notification that a closeout of an order is complete must be provided to the Contracting Officer once closeout has been accomplished. The Contractor shall work in partnership with the Government to closeout orders as soon as possible after they are physically complete by using the "Quick Closeout" procedures described in FAR 42.708 as much as practical.

4.5 Contractors shall coordinate base access issues with the DO customer.

4.6 If performance under this contract will require access to Air Force computer systems (stand alone or networked), compliance with Air Force Instruction (AFI) 33-119 and Air Force Instruction (AFI) 33- 202V1 is mandatory. It should be noted that such access requires, at a minimum, a National Agency Check or Entrance National Agency Check in accordance with DoD 5200.2-R, Personal Security Program.

Offerors should make themselves familiar with local procedures for processing such requirements, and be prepared to be in compliance on the first day of contract performance. Failure to comply with this requirement may be considered a failure to perform.

4.7 Invoice instructions shall be stated on each delivery order issued by the local Ordering Office.

Payments at the DO level may be made via Wide Area Work Flow (WAWF).

EGLIN-H099 ORGANIZATIONAL CONFLICTS OF INTEREST (OCI) (JUL 2014)

a. Definitions:

"Organizational Conflict of Interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

"Person" as used herein includes Corporations, Partnerships, Joint Ventures, Teaming Arrangements, and other business enterprises.

The term "contractor" as used in this clause, includes any person, firm or corporation which has a majority or controlling interest in the contractor or in any parent corporation thereof, any person, firm, or corporation in or as to which the contractor (or any parent or subsidiary corporation thereof) has a majority or controlling interest. The term also includes the corporate officers of the contractor, those of any corporation which has a majority or controlling interest in the contractor, and those of any corporation in which the contractor (or any parent or subsidiary corporation thereof) has a majority or controlling interest. All references to the "contractor" as contained in this clause shall apply with equal force to all of these included.

"Contract" and "Delivery Order" shall be used as applicable to the level at which this clause is being invoked.

b. Impact on Future Agency Contracts and DOs:

1. The contractor shall be excluded from competition for, or award of any Government contracts as to which, in the course of performance of this contract, the contractor has received advance procurement information before such information has been made generally available to other persons or firms unless mitigation measures are put in place, to avoid, neutralize, or mitigate an OCI.

2. The contractor shall be excluded from competition for, or award of any Government contract for which the contractor actually assists in the development of the screening information request (SIR), specifications or statements of work unless mitigation measures are put in place to avoid, neutralize or mitigate an OCI.

3. The contractor shall be excluded from competition for or award of any Government contract which calls for the evaluation of system requirements, system definitions, or other products developed by the contractor under this contract or resulting DOs unless mitigation measures are put in place to avoid, neutralize or mitigate and OCI.

4. The contractor shall be excluded from competition for, or award of any Government contract which calls for the construction or fabrication of any system, equipment, hardware, and/or software for which the contractor participated in the development of requirements or definitions pursuant to this contract or resulting DO unless mitigation measures are put in place to avoid, neutralize or mitigate and

OCI.

This clause shall not exclude the contractor from performing work under any amendment or modification to this contract or from competing for award for any future contract for work that is the same or similar to work performed under this contract.

This clause shall have effect throughout the period of performance of this contract (and any applicable

Delivery Order performance period that exceeds the basic contract ordering period), any extensions thereto by change order or supplemental agreement, and for three (3) years thereafter.

The agency may in its sole discretion, waive any provisions of this clause if deemed in the best interest of the Government. The exclusions contained in this clause shall apply for the duration of the applicable delivery order(s) and for three (3) years after completion and acceptance of all work performed hereunder.

If any provision of this clause excludes the contractor from competition for, or award of any contract, the contractor shall not be permitted to serve as a subcontractor, at any tier, on such contract. This clause shall be incorporated into any subcontracts or consultant agreements awarded under this contract unless the Contracting Officer determines otherwise.

c. Affirmative Duties and Responsibilities for Government Contractors:

The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in the contract, the contractor does not have any organizational conflict of interest(s) as defined in paragraph

a. above. The contractor agrees that, if after award, it discovers an actual or potential organizational conflict of interest at the contract level it shall make immediate and full disclosure in writing to the Contracting Officer. Changes in the contractor's relationships due to mergers, consolidations or any unanticipated circumstances may create an unacceptable organizational conflict of interest which would necessitate such disclosure. The notification shall include a description of the actual or potential organizational conflict of interest, a description of the action that the contractor has taken or proposes to take to avoid, mitigate, or neutralize the conflict, and any other relevant information that would assist the Contracting Officer in making a determination on this matter.

The contractor, upon identification of a potential conflict, shall submit requests to participate in the DO for written approval on a DO-by-DO basis, unless the contractor is aware of multiple DOs that may create the appearance of a conflict, or be an actual conflict. In the case of the later, the contractor shall notify the Contracting Officer as soon as the conflicts/apparent conflicts have been identified. This provision shall be in effect throughout the period of performance of this contract, any extensions thereto by change order or supplemental agreement, and for three years thereafter.

The contractor shall permit a Government audit of internal OCI mitigation procedures for verification purposes. The Government reserves the right to reject a mitigation plan, if in the opinion of the Contracting Officer, such a plan is not in the best interests of the Government. The contractor shall hold the government harmless and will freely indemnify the Government as to any cost/loss resulting from the unauthorized use or disclosure of any third-party proprietary information by its employees, the employees of subcontractors, or by its agents.

The Contracting Officer's decision as to the existence or nonexistence of an actual or potential organizational conflict of interest shall be final. The contractor shall include the same provisions as are expressed in this clause, including this paragraph, in all subcontracts awarded for performance of any portion of this requirement. This restriction is applicable throughout the period of performance of the subcontract, and any extensions thereof by change order or supplemental agreement, and for three years thereafter. When the provisions of this clause are included in a subcontract, the term "Contracting Officer" shall represent the head of the contracts office of the prime contract. Any deviations or less restrictive coverage deemed necessary or required by the prime contractor for a particular subcontract must first be submitted to the Contracting

Officer for approval. Subcontract restrictions will be limited to the technical area(s) addressed in the specific statements of work in the subcontractor's given Delivery Orders.

d. Compliance:

Compliance with this OCI requirement is a material obligation of this contract. The rights and remedies described herein shall not be exclusive and are in addition to other rights and remedies provided by law, including those set forth at FAR Part 9.5, or elsewhere included in this contract. If the contractor takes any action prohibited by this requirement or fails to take action required by this requirement, the Government may terminate this contract for default. For breach of any of the restrictions contained herein, or for nondisclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the government reserves the right to terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and to pursue such other remedies as may be available under law. If in compliance with this clause, the contractor discovers and promptly reports an organizational conflict of interest subsequent to contract award, the Contracting Officer may choose to terminate this contract for convenience of the Government, when such termination is deemed to be in the best interest of the Government.

OCI AT THE DELIVERY ORDER LEVEL

e. OCI / Advisory and Assistance Services Possibilities.

It is recognized by the parties hereto that some of the services identified in the SOW may include (1) incidental advisory and assistance services (2) technical evaluation of other contractor's products and services; (3) surveillance of other contractor's services and work products; and, (4) access to other contractors' proprietary information. Such activities create a significant potential for certain conflicts of interest, as set forth in FAR 9.505-1, FAR 9.505-2, FAR 9.505-3, and FAR 9.505-4.

It is the intention of the parties that the contractor will not engage in any other contractual or other activities which could create an organizational conflict of interest with its position under this contract;

which might impair its ability to render unbiased advice and recommendations; or, in which it may derive an unfair competitive advantage as a result of knowledge, information, and experience gained during the performance of this contract. Therefore, the contractor agrees that it will seek the prior written approval of the Contracting Officer before participating in any DO that may involve such a conflict.

The contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the government any information provided to the contractor by the Government during or as a result of performance of this DO. Such information includes, but is not limited to, information submitted to the Government on a confidential basis by other persons. Further, the prohibition against release of GFI extends to cover such information whether or not in its original form, where the information has been included in contractor generated work, or where it is discernible from materials incorporating or based upon such information. This prohibition shall not expire after a given period of time.

Whenever performance of this contract requires access to another contractor's proprietary information, the contractor shall (1) enter into a written agreement with the other entities involved, as appropriate, in order to protect such proprietary information from unauthorized use or disclosure for as long as it remains proprietary; and (2) refrain from using such proprietary information other than as agreed to, for example;

to provide assistance during technical evaluation of other contractors' offers or products under this contract. An executed copy of all proprietary information agreements by individual personnel or on a corporate basis shall be furnished to the DO Contracting Officer within fifteen (15) calendar days of execution.

The contractor shall promptly notify the Contracting Officer, in writing, if it has been tasked to evaluate or advise the Government concerning its own products or activities or those of a competitor in order to ensure that proper safeguards exist to guarantee objectivity and to protect the Government's interest.

In the event that a DO is issued to the contractor that would require activity that would create a potential conflict of interest, the contractor shall:

1. Notify the Contracting Officer of a potential conflict

2. Recommend to the Government an alternate tasking approach which would avoid the potential conflict, or,

3. Present for approval a conflict of interest mitigation plan that will:

4. Describe in detail the DO requirement that creates the potential conflict of interest; and,

5. Outline in detail the actions to be taken by the contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means.

6. The contractor shall not commence work on a DO related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed

7. If the Contracting Officer determines that it is in the best interest of the Government to issue a DO, notwithstanding a conflict of interest, a request for waiver shall be submitted in accordance with

FAR

9.503

8. Conflicts Of Interest Compliance Plan: In the event that a waiver is requested, the Contractor shall submit with the waiver request a Conflicts of Interest (COI) Compliance Plan to the Contracting Officer for approval. The COI Compliance Plan shall address the Contractor's approach for adhering to the Section H. Organizational Conflicts of Interest (OCI) and describe its procedures for aggressively identifying and resolving both organizational and employee conflicts of interest. The overall purpose of the COI Compliance Plan is to demonstrate how the Contractor will assure that its operations meet the highest standards of ethical conduct, and how its assistance and advice are impartial and objective.

The COI Compliance Plan shall specifically address:

9. How the Contractor will protect confidential, proprietary, or sensitive information;

10. Preventing the existence of conflicting roles that might bias a contractor's judgment; and,

11. Preventing an unfair competitive advantage.

Contractors are invited to review FAR 9.5 "Organizational and Consultant Conflicts of Interest (OCI). " Particular attention is directed to from FAR 9.505-1 thru FAR 9.505-4.

f. Avoidance of OCI.

The policy of the government is to avoid contracting with contractors who have unacceptable organizational conflicts of interest. It is not the intent of the government to foreclose a vendor from a competitive acquisition due to a perceived OCI. The Contracting Officers are fully empowered to evaluate each potential OCI scenario based upon the applicable facts and circumstances. The final determination of such action may be negotiated between the impaired vendor and the Contracting Officer.

The Contracting Officer's business judgment and sound discretion in identifying, negotiating, and eliminating OCI scenarios should not adversely affect the government's policy for competition. The government is committed to working with potential vendors to eliminate or mitigate actual and perceived OCI situations, without detriment to the integrity of the competitive process, the mission of the government, or the legitimate business interests of the vendor community.

EGLIN-H100 ON RAMP (May 2021) The Government intends to establish an awardee group under the EWAAC effort. The Government will initially establish the awardee pool by competitively awarding multiple-award IDIQ contracts. Initial awardees of the EWAAC effort will be awarded contracts with a base ordering period of three (3) years. After the base period the Government reserves the right to award an option of two (2) years followed by an option of five (5) years. The Government reserves the right to/not to re-open competition at any time during the term of the contract to add additional contractors to the original group of awardees. The addition of other contractors; however, will not extend the overall ordering period beyond the original and both option periods for a total of ten (10) years. Any awardee already in the awardee pool will not re-compete for an awardee group position.

Once a new awardee is selected, that awardee will be included in the awardee group and will compete for future orders. The ordering period for new contractors being added to the awardee group will coincide with the initial awardees ordering period but shall not extend the overall term of the ordering period nor shall it re-establish the basic contract ordering period.