Attachment_03_-_Ordering_Process.docx

FA4600-19-R-A001

Attachment 03 -- TADS Ordering Process

TECHNOLOGY APPLICATION DEVELOPMENT AND SUSTAINMENT (TADS)

ORDERING PROCESS

FA4600-19-R-A001

Attachment 03 28 May 2019

1.0 Objective

1.1 This process is intended to establish the overall process and expectations applicable for awarding orders under the TADS contract. This is not a comprehensive document that covers every individual scenario that may be encountered during the ordering period and does not supersede the contracting officer’s discretion.

1.2 The process outlined herein is based on the essential concept of achieving a win-win outcome in the acquisition process. All parties must be forthright, professional, and consistent in their dealings with each other.

1.3 As with all contracts, success is contingent upon all parties employing professional judgment and continuous cooperation.

2.0 Prior to Task Order Request

2.1 Requiring activity and Contractor establish mutual understanding of the requirements.

2.1.1 Although the Government is wholly responsible for establishing the requirements, it is critical that the Government and Contractor have a common understanding of the technical requirements and intended outcomes.

2.1.2 The 55th Contracting Squadron (55 CONS) will provide business advice, but the requiring activity is responsible for determining the need for pre-coordination activities and determining when pre-coordination activities are complete.

2.1.3 Mutual understanding may be accomplished by any method appropriate to the circumstances. The requiring activity is responsible for leading all pre-coordination activities; however, 55 CONS shall be included with all communication. Potential methods of pre-coordination may include, but are not limited to:

2.2 The Government’s requiring activity shall submit all of the following documents 55 CONS before a proposal will be requested from the Contractor:

2.2.1 Complete Performance Work Statement (PWS) or Statement of Objectives (SOO)

2.2.1.1 Per FAR 37.602(b), a task order’s PWS shall:

1) Describe the work in terms of the required results rather than either “how” the work is to be accomplished or the number of hours to be provided

2) Enable assessment of work performance against measurable performance standards (e.g. Services Summary)

2.2.2 Independent Government Cost Estimate (IGCE)

The IGCE shall be break out the estimated costs to match the order’s intended CLIN and fee structure. Example IGCE tools and formats include:

· The DoD IGCE Handbook for Services Acquisition, Appendix A-3 (https://www.acq.osd.mil/dpap/sa/Policies/SA-Guides-and-Handbooks.html)

· TechFar Hub’s Agile Team Estimator (https://techfarhub.cio.gov/custom-tools/ate/)

· GSA’s IGCE Tool (https://hallways.cap.gsa.gov/app/#/igce)

2.2.3 High-Dollar Material List

The list shall consist of the individual end items for which the Government’s estimated unit acquisition cost is $10,000 or more.

“End item” is defined as the final product when assembled, or completed, and ready for issue or deployment.

2.2.4 Statement of Scope

The information is necessary for the contracting officer to determine how the request is within technical scope of the TADS IDIQ.

2.2.5 Completed Contract Data Requirements List (CDRL)

All CDRL requirements shall be submitted using the DD Form 1423, DD Form 1423-1, or DD Form 1423-2. Reference TADS Exhibit A for the list of CDRLs and corresponding Data Item Descriptions applicable for TADS.

2.2.6 Contracting Officer Representative (COR) Nomination

Every task order shall have one primary COR; alternate CORs may be appointed, as appropriate. All COR nomination(s) shall be submitted using the COR Tracking Tool which is accessible online within the Procurement Integrated Enterprise Environment (https://wawf.eb.mil).

2.2.7 Certification of Non-Personal Services

The primary COR shall submit a signed certification that conforms to the requirements DFARS 237.503 as implemented by DFARS PGI 237.503.

2.2.9 Funding for Order

Certified Funding is required. The contracting officer may accept a draft (uncertified) funding document on a case-by-case basis.

2.2.10 Any special requirements to be incorporated into the Contractor’s proposal This is needed only if the specific task order includes unique attachments, directs specific formats, or any order-specific directions.

3.0 Task Order Request (TOR)

3.1 After receiving the complete requirements package, the contract administrator will send the Task Order Request (TOR) via email to the Contractor’s authorized contract representative. The Government’s and Contractor’s Program Mangers will be copied on the request.

3.2 At a minimum, the TOR will include:

4.0 Contractor Proposal

The Contractor shall provide an adequate proposal within 20 business days after TOR receipt.

“Business Day” is defined as Monday through Friday, excluding all Federal holidays.

4.1 Technical Narrative

The Technical Narrative describes how the Contractor plans to execute the Performance Work Statement or Statement of Objectives. The proposal shall include sufficient information necessary to substantiate the Contractor’s approach for completing the task order and for the Government to evaluate the soundness of the Contractor’s approach.

4.2 Pricing Proposal Format and Content

4.2.1 The formats and data at FAR 15, Table 15-2 applies for all TOR pricing proposals and order modifications.

4.2.2 The provision at 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, applies to all task order proposals.

4.2.3 Proposal Adequacy Checklist

All proposals that exceed the threshold for certified cost or pricing data shall include the completed Proposal Adequacy Checklist, DFARS 252.215-7009, to facilitate submission of a thorough, accurate, and complete proposal.

4.3 Performance Work Statement

If the Government provided a SOO as the means of describing the Government’s needs, the Contractor shall provide a complete PWS with the task order proposal.

4.3.1 The PWS shall be incorporated into the resultant task order award.

4.3.2 The PWS shall be unclassified, contain no proprietary information or markings, and be releasable in its entirety under the Freedom of Information Act.

4.3.3 The PWS shall be organized according to the CWBS, describe the work in terms of the required results rather than either “how” the work is to be accomplished or the number of hours to be provided, and provide performance standards and a method of assessing contractor performance against those standards.

4.4 Quality Control Plan

Per AFI 63-138 – Acquisition of Services, this document addresses the “detection” function that defines the type, number, Acceptable Quality Levels (AQLs), and frequency of quality assurance/control inspections planned by the Contractor to meet the quality requirements of the Air Force as identified by the requiring activity.

4.5 TADS Rights in Data.

The Contractor shall provide a completed “Rights in Data” attachment, specific to each order, to identify and track the Government’s rights in data to all technical data, computer software, and computer software documentation delivered or otherwise provided during performance of the order. After task order award, a bilateral modification is required to update this document.

4.6 Any other special proposal requirements, attachments, exhibits, or addendums as directed by the TOR Letter.

5.0 After Proposal Receipt

5.1 Fact Finding

Fact-finding may be required for the Government to understand different elements of the proposal and complete an appropriate evaluation.

5.1.1 Fact finding provides an opportunity for the Government to identify issues or concerns about the proposal, but this is not a forum for debate.

Note: Identifying issues/evaluation results to the Contractor is not the same thing as negotiating prior to obtaining Business Clearance approval to enter negotiations

5.1.2 55 CONS shall initiate and participate in all fact-finding communication.

5.1.3 The Contractor may provide supplemental information; however, no proposal updates/changes will be accepted unless the contracting officer provides a written request for revised proposal.

5.2 The COR is responsible for conducting technical evaluation and providing a single consolidated technical evaluation to 55 CONS; multiple technical evaluation documents will be rejected. The technical evaluation is essential for development of the Government’s negotiation objectives or documenting the rationale for accepting the proposal.

5.2.1 At a minimum, the technical evaluation examines the types and quantities of material proposed and the need for the types and quantities of labor hours and the labor mix. The analysis should include any other data that may be pertinent to assessment of the offeror’s ability to accomplish the technical requirements or to the cost or price analysis.

(Reference FAR 15.404-1(e))

5.2.2 If the COR accepts the proposal, the evaluation shall clearly explain the evaluation findings and rationale for accepting the proposal.

5.2.3 If the COR requests to negotiate, the evaluation shall clearly explain the evaluation findings, which proposal aspects the Government intends to accept and rationale for acceptance. For each individual aspect to be negotiated, the evaluation shall clearly explain:

5.2.4 The COR’s technical evaluation shall not be considered “complete” until 55 CONS confirms that the content is acceptable for supporting the Price Negotiation Memorandum. 55 CONS shall accept or reject the CORs technical evaluation within 2 business days after receipt.

6.0 Negotiation

6.1 The Government contracting officer shall open negotiation by providing a TOR Negotiation Letter that states:

6.2 After the Contractor has received the TOR Negotiation Letter, negotiation between 55 CONS and the Contractor may employ any method(s) appropriate to the circumstances to achieve a win-win agreement. Methods may include email, telephone calls, or face-to-face meetings.

6.3 Upon conclusion of negotiations, the Government contracting officer shall close negotiation by providing written notice that negotiation is complete. The Contractor shall submit a final proposal revision within 5 business days after receipt of the contracting officer’s written request.

6.4 The Contractor’s final proposal revision shall include:

7.0 Award

7.1 Before 55 CONS begins final documentation to award the order, the following documents are required from the COR:

1) The final version of any documents submitted as “draft” from Section 2

2) The final written technical evaluation explaining why the proposal is determined acceptable

7.2 Although all applicable clauses from the overarching IDIQ contract remain in full force and affect for each order and do not need to be specifically restated; including these clauses serves as emphasis for particular concerns and to highlight order-specific information.

7.2.2 Individual orders may contain other clauses, as appropriate. Examples include:

252.227-7014 – Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation 252.232-7007 – Limitation of Government’s Obligation

8.0 Procurement Acquisition Lead Time (PALT) – Consolidated Summary This is the standard PALT, including time for negotiation. The timeline below assumes the total value of the action (including all options) is less than $5M and negotiation is not required.

Time Cumulative Business Days

55 CONS receives complete requirements package (TADS Ordering Process, Section 2)

55 CONS emails the TOR package to the Contractor (TADS Ordering Process, Section 3)

Contractor sends proposal to 55 CONS (TADS Ordering Process, Section 4)

COR submits technical evaluation (TADS Ordering Process, Section 5)

55 CONS receives clearance to award (TADS Ordering Process, Section 7)

9.0 Proposal Adequacy Checklist

252.215-7009 -- PROPOSAL ADEQUACY CHECKLIST (JAN 2014)

The offeror shall complete the following checklist, providing location of requested information, or an explanation of why the requested information is not provided. In preparation of the offeror’s checklist, offerors may elect to have their prospective subcontractors use the same or similar checklist as appropriate.

PROPOSAL ADEQUACY CHECKLIST

REFERENCES

SUBMISSION

ITEM

GENERAL INSTRUCTIONS

Does the proposal identify the need for Government-furnished material/tooling/test equipment? Include the accountable contract number and contracting officer contact information if known.

Paragraph C(1)

FAR 2.101, “Cost or pricing data” Does the proposal disclose any other known activity that could materially impact the costs?

This may include, but is not limited to, such factors as—

(1) Vendor quotations;

(2) Nonrecurring costs;

(3) Information on changes in production methods and in production or purchasing volume;

(4) Data supporting projections of business prospects and objectives and related operations costs;

(5) Unit-cost trends such as those associated with labor efficiency;

(6) Make-or-buy decisions;

(7) Estimated resources to attain business goals; and

(8) Information on management decisions that could have a significant bearing on costs.

Is an Index of all certified cost or pricing data and information accompanying or identified in the proposal provided and appropriately referenced?

Does the proposal disclose the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data?

COST ELEMENTS

MATERIALS AND SERVICES

SUBCONTRACTS (Purchased materials or services)

FAR 52.244-2

Per the thresholds of FAR 15.404-3(c), Subcontract Pricing Considerations, does the proposal include a copy of the applicable subcontractor’s certified cost or pricing data?

Note 1;

Section II Paragraph A Is there a price/cost analysis establishing the reasonableness of each of the proposed subcontracts included with the proposal?

If the offeror’s price/cost analyses are not provided with the proposal, does the proposal include a matrix identifying dates for receipt of subcontractor proposal, completion of fact finding for purposes of price/cost analysis, and submission of the price/cost analysis?

EXCEPTIONS TO CERTIFIED COST OR PRICING DATA

FAR 2.101,

“commercial item” Has the offeror submitted an exception to the submission of certified cost or pricing data for commercial items proposed either at the prime or subcontractor level, in accordance with provision 52.215-20?

a. Has the offeror specifically identified the type of commercial item claim (FAR 2.101 commercial item definition, paragraphs (1) through (8)), and the basis on which the item meets the definition?

b. For modified commercial items (FAR 2.101 commercial item definition paragraph (3)); did the offeror classify the modification(s) as either—

i. A modification of a type customarily available in the commercial marketplace (paragraph (3)(i)); or

ii. A minor modification (paragraph (3)(ii)) of a type not customarily available in the commercial marketplace made to meet Federal Government requirements not exceeding the thresholds in FAR 15.403-1(c)(3)(iii)(B)?

c. For proposed commercial items “of a type”, or “evolved” or modified (FAR 2.101 commercial item definition paragraphs (1) through (3)), did the contractor provide a technical description of the differences between the proposed item and the comparison item(s)?

19.

[Reserved]

INTERORGANIZATIONAL TRANSFERS

DIRECT LABOR

INDIRECT COSTS

OTHER COSTS

29.

FORMATS FOR SUBMISSION OF LINE ITEM SUMMARIES

OTHER

15.408 Table 15-2, Section II, Paragraphs A, B, C, and D

If Economic Price Adjustments are being proposed, does the proposal show the rationale and application for the economic price adjustment?

35.

FAR 52.215-22

FAR 52.215-23

Excessive Pass-through Charges– Identification of Subcontract Effort: If the offeror intends to subcontract more than 70% of the total cost of work to be performed, does the proposal identify: (i) the amount of the offeror’s indirect costs and profit applicable to the work to be performed by the proposed subcontractor(s); and (ii) a description of the added value provided by the offeror as related to the work to be performed by the proposed subcontractor(s)?

(End of Provision)