Sec_J_Attachment_1_Solicitaiton_N00174-16-R-0003_CAPCPFFIDIQ-Completion.doc

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Joint Non-Lethal Weapons Directorate (JNLWD) Research and Development
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N00174-16-R-0003
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SECTION J - Attachment 1 - Contract Administration Plan

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Updated 06/09/09

FOR COST REIMBURSEMENT/INDEFINITE DELIVERY, INDEFINITE

QUANTITY MULTIPLE AWARD CONTRACT

CONTRACT ADMINISTRATION PLAN

SOLICITATION NO. N00174-16-R-0003

CONTRACT NO.

In order to expedite administration of this contract, the following delineation of duties is provided. The individual/position designated as having responsibility should be contacted for any questions, clarification, or information regarding the functions assigned.

1. TASK ORDER OMBUDSMAN

a. Shall review complaints and ensure they are afforded a fair opportunity to be considered in accordance with the procedures in the contract.

b. The Ombudsman is independent of the PCO.

2. PROCURING CONTRACTING OFFICER (PCO) is responsible for:

a. All pre-award information, questions, data, or Freedom of

Information inquiries.

b. Post award conference.

c. All post-award changes or interpretations regarding the scope terms, or conditions of the basic contract and/or delivery orders

(unless technical clarifications/questions can be resolved by the COR).

d. Request, obtain, and evaluate proposals for delivery orders to be issued.

e. Negotiate/determine the price/estimated cost of the order is fair and reasonable for the effort proposed (may require COR assistance).

f. Issue order and obligate funds.

g. Authorize overtime (only if provided for in contract).

h. Authorize performance to begin (includes emergencies).

i. Maintains oversight to assure that funds and contract scope are not exceeded.

j. Monitoring the COR.

k. Meet annually with COR to review contract performance (joint responsibility of COR). This may be satisfied telephonically, depending on the circumstances.

l. Perform all Contracting Officer functions not delegated to

CAO.

3. CONTRACT ADMINISTRATION OFFICE (CAO) is responsible for matters specified in FAR 42.302 and DFARS 242.302 except in those areas otherwise designated herein.

4. DEFENSE CONTRACT AUDIT AGENCY (DCAA) is responsible for audit verification/provisional approval of invoices and final audit of the contract/ delivery order prior to final payment to the contractor.

5. PAYING OFFICE is responsible for payment of proper invoices after acceptance (constructive or actual) or approved provisional payment.

6. CONTRACTING OFFICER'S REPRESENTATIVE (COR) is responsible for:

a. Controlling all government technical interface with the contractor and providing technical advice and clarifications on the statement of work.

b. Providing copies of all government/contractor technical correspondence to the PCO.

c. Promptly furnishing the PCO with documentation/comment on any request for change, deviation or waiver (whether generated by the government or the contractor)

d. Promptly reviewing the COR copy of the contractor's invoice (public voucher). This includes monitoring of the direct cost of labor, material, travel, etc. to assure invoice is consistent with the delivery order and the progress made to date and that the charges appear proper. If the COR disagrees with any of the costs in the invoice, he/she will immediately notify DCAA via electronic e-mail to DFAS (with a copy to the PCO) so they can include these areas in their final audit.

e. Monitoring (a) the types of labor categories and number of hours ordered, and (b) that which is actually performed, to assure that neither result in the use of a predominance of the higher cost labor categories, unless actually required. Maintaining a log, by delivery order, of the hours ordered, the value of the delivery order as issued, and the amount invoiced and approved.

(Provide log with annual report).

f. Quality assurance, inspection and acceptance of services and deliverable data.

g. In the event of contractor delay, or failure to perform, determine the cause, and make recommendations to the PCO for corrective action.

h. Meeting annually with the PCO to review contract performance.

This may be satisfied telephonically, depending upon the circumstance.

i. Statement of Work (SOW) for delivery orders. The SOW for a delivery order should be prepared by Navy personnel other than the COR who is responsible for acceptance of services and certification of invoices. In this instance, the COR is responsible for final review and submission of the SOW; otherwise, the COR is responsible for preparing the SOW.

j. Preparing INDEPENDENT government estimate prior to submitting

Procurement Data Package (PDP) to PCO to request delivery order.

Assist PCO in negotiations if requested. The estimate must be in detail and must include specific breakdown of hours, travel (with estimates and destinations), material (items and costs), other (as applicable).

k. Maintaining a COR file of all correspondence with the PCO and contractor and copies of all invoices.

l. Monitoring the level of effort ordered to be sure it is consistent with with the contract and that overall variation of the level of effort between labor categories is within that allowed by the contract. COR cannot authorize deviations from the existing labor categories, this type of action requires PCO modification.

m. If the delivery order is incrementally funded, the COR shall provide funding, as necessary, to assure required continuity of services.

n. Complying with NAVSEAINST 4200.17C Contracting Officer’s Representative, NAVSEAINST 4200.19 "Service Contract Restrictions and Safeguards", and the

Contracting Officer's COR Appointment Letter.

o. The contractor’s performance on this task order will be evaluated by the

Government as described below in accordance with the Quality Assurance

Surveillance Plan (QASP) identified in the contract. The first evaluation will cover the period ending __12___ months after date of contract award with successive evaluations being performed for each _12__ month period thereafter until the contractor completes performance under this task order.

For the first period and each subsequent __12 _ month period, the government will evaluate the contractor’s performance. The evaluation will encompass all work performed by the contractor at any time during the _12_ month period but will not include cumulative information from prior reports. For each period, the Contractor will complete a self-assessment of the performance provided, to be delivered to the TOM and Contract Specialist NLT 60 days prior to the end of the period of performance. The self-assessment shall cover all areas of the Government QASP. Based on the evaluation results, the Contracting Officer will assign an overall performance rating. If the Contracting Officer assigns an “Unsatisfactory” performance rating for the period evaluated, the next option period will not be exercised.

p. Anticipating and submitting requests for follow-on contract requirements in sufficient time to allow for award prior to the expiration of this contract along with any applicable options to be exercised.

q. Contract Performance Assessment System (CPARS).

This contract WILL be registered in the CPARS database by the

Contracts Division with the assistance of the COR. As stated in the

COR appointment letter the COR is responsible for updating the

CPARS database.

7. Government Technical Point of Contact

a. Responsible for resolving technical or complex issues.

b. Resolves technical clarifications.

c. Provides technical direction.

8. Type of Task Orders:

a. The task orders shall be Cost Plus Fixed Fee Orders.

9. Estimated Dollar Range of Orders:

In accordance with FAR 52.216-19, ordering limitations:

a. Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00 , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

b. Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of the total value of the contract.;

(2) Any order for a combination of items in excess of the total value of the contract; ; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

10. Minimum Guarantee:

a. The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered. However, during the term of the contract, a minimum order of $10,000.00 is guaranteed for each Multiple Award Contract (MAC) holder.

11. Proposal Costs:

a. The costs associated for preparation of costs proposals under the IDIQ

MAC shall be the responsibility of the contractor and not be reimbursable.

12. Competition of Task Orders:

a. Competition is limited to awarded Multiple Award Contract (MAC) holders under this contract. These awarded MAC holders will be given a fair opportunity to be considered for Task Orders unless a statutory exceptions to the fair opportunity process is applicable.

13. Selection Criteria for Task Orders:

Individual task orders will be competed and awarded based on Low Priced/Technically Acceptable approach, pursuant to FAR 15.101.2

14. Orders under multiple award contracts—

a. Fair opportunity.

(i) The contracting officer must provide each awardee a fair opportunity to be considered for each order exceeding $3,500.00 issued under multiple task-order contracts, except as provided for in paragraph (b)(2) of this section.

(ii) The contracting officer may exercise broad discretion in developing appropriate order placement procedures. The contracting officer should keep submission requirements to a minimum. In addition, the contracting officer need not contact each of the multiple awardees under the contract 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 and the order does not exceed $5.5 million. The competition requirements in FAR Part 6 and the policies in FAR 15.3 do not apply to the ordering process.

(iii) Orders exceeding $5.5 million. For task orders in excess of $5.5 million, the requirement to provide all awardees a fair opportunity to be considered for each order shall be adhered to.

(iv) The contracting officer should consider the following when developing the procedures:

(A)

(1) Past performance on earlier orders under the contract, including quality, timeliness and cost control.

(2) Potential impact on other orders placed with the contractor.

(3) Minimum order requirements.

(4) The amount of time contractors need to make informed business decisions on whether to respond to potential orders.

(B) Formal evaluation plans or scoring of quotes or offers are not required.

a. Exceptions to the fair opportunity process. The contracting officer shall give every awardee a fair opportunity to be considered for a task-order exceeding $3,500.00 unless one of the following statutory exceptions applies:

(i) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

(ii) Only one awardee is capable of providing the services required at the level of quality required because the services ordered are unique or highly specialized.

(iii) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(iv) It is necessary to place an order to satisfy a minimum guarantee.

b. Pricing orders. If the contract did not establish the price for the service, the contracting officer must establish prices for each order using the policies and methods in FAR 15.4.

c. Postaward Notices and Debriefing of Awardees for Orders Exceeding $5 million. The contracting officer shall notify unsuccessful awardees when the total price of a task order exceeds $5 million.

(i) The procedures at FAR 15.503(b)(1) shall be followed when providing postaward notification to unsuccessful awardees.

(ii) The procedures at FAR 15.506 shall be followed when providing postaward debriefing to unsuccessful awardees.

(iii) A summary of the debriefing shall be included in the task order file.

e. Decision documentation for orders. The contracting officer shall document in the contract file the rationale for placement and price of each order, including the basis for award and the rationale for any tradeoffs among cost or price and non-cost considerations in making the award decision. This documentation need not quantify the tradeoffs that led to the decision. The contract file shall also identify the basis for using an exception to the fair opportunity process. If the agency uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

15, Requests for Proposals for Task Orders:

a. The requests for orders shall contain the following:

(i) Orders will not be synopsize under the IDIQ MAC contract.

(ii) Reasonable response time.

(iii) Orders shall be placed electronically with the MAC awardees only.

(iv) Statement of Work shall describe the services to be performed.

(v) Performance based methods will be utilized to the maximum extent possible.

(vi) Disclosure of criteria for best value determination for evaluation of proposals

(vii) Applicable clauses and provisions

(viii) Orders shall be within the scope of the basic contract, issued within the period of performance and be within the maximum value of the contract.

(ix) Wage Determination, if applicable

(x) DD 254, if applicable

(xi) Privacy Act Certification, if applicable

16. Issuance of a Task Order:

a. Orders shall contain the following:

(i) Date of Order

(ii) Contract number and order number

(iii) Statement of Work

(iv) Cost and Fee

(v) Period of Performance

(vi) Special Requirements

(vii) Applicable clauses and provisions specific to the work

(viii) Accounting and appropriation data

(ix) Payment Office

(x) Wage Determination, if applicable

(xi) DD 254, if applicable

(xii) Privacy Certification, if applicable

b. Selection of contractor award shall be communicated to all MAC awardees.

17. Protests of Task Orders:

a. In accordance with FAR 16.505(a)(10)(i) (A) and 16.505(a)(10)(i)(B)

(i) No protest under subpart 33.1 is authorized in connection with the issuance of proposed issuance of an order under a task-order contract or delivery-order contract, except for -

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

(B) A protest of an order valued in excess of $10 million. Protests of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with the procedures at 33.104.

(ii) The authority to protest the placement of an order under (a)(10)(i)(B) of this section expires on September 30, 2016, for agencies other than DoD, NASA, and the Coast Guard (41 U.S.C. 4103(d) and 41 U.S.C. 4106(f)). The authority to protest the placement of an order under (a)(10)(i)(B) of this section does not expire for DoD, NASA, and the Coast Guard.

18. Past Performance:

a. Past performance is a critical element to the success of the contract and will be continuously monitored.

b. If the evaluation official concludes that a contractor’s overall performance is less than satisfactory the contractor shall be notified in writing. It is expected that if performance is less than satisfactory that remedial action be taken to correct the performance.

c. Past performance will be considered prior to exercising options.

NAMES/ADDRESSES/CODES/TELEPHONE NUMBER OF COGNIZANT INDIVIDUALS

COR ____________________________________________________________________

Name Code Telephone

PCO (refer to Contracting Officer who signed contract documents)

Name Code Telephone

DCAA (refer to the invoice clause of the contract, Section G)

PAYING OFFICE (refer to page one of contract document)

CAO (refer to page one of contract document)

PAGE

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