Attachment_7_PB_Streamlined_Orders.docx
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- N00421-15-R-0007
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Performance Based Task Order Streamlining
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Attachment 7
ISSUANCE OF PEFORMANCE BASED ORDERS USING STREAMLINED PROCEDURES
| (a) Unless the procedures in paragraphs (b) and (c) are utilized performance based orders will be issued under this contract using the following streamlined procedures: | ||
| (1) For each proposed order, the contracting officer will provide the contractor with a draft request for proposal, and a performance work statement (PWS). | ||
| (2) The contractor will submit a proposal to the contracting officer within fifteen (15) working days of receipt of the RFP and PWS. Once negotiations are completed, and the contracting officer determines that the price is fair and reasonable, a fully negotiated, priced order will be issued to the contractor. | ||
| (b) There may be occasions when the Government determines, in circumstances of emergency or exigency, that the need for specific supplies or services is unusually urgent. On such occasions, the Contracting Officer may issue an order based solely on a Government estimate, requiring the contractor to provide the supplies or services specified without having an opportunity to review the Government estimate before the order is issued. This type of order shall be a unilaterally unpriced order. | ||
| (1) The unilaterally unpriced order shall specify the estimated cost and fee and the desired delivery schedule for the work being ordered. The Government’s desired delivery shall apply unless the Contracting Officer receives written notification from the Contractor within fifteen (15) days after receipt of the order that the proposed delivery schedule is not acceptable. Such notification shall propose an alternative delivery schedule. The Contractor shall either provide written acceptance of the order or submit its cost proposal within thirty (30) days after receipt of the order. | ||
| (2) The Government has no obligation to pay for the supplies or services ordered until the actual price and delivery schedule have been negotiated. In no event shall the costs incurred exceed the estimated cost of the order. | ||
| (3) The contractor shall include in its proposal a statement of costs incurred and an estimate of costs expected to complete the work. Data supporting the accuracy and reliability of the cost estimate should also be included. After submission of the contractor’s cost proposal and supporting data, the contractor and the Contracting Officer shall negotiate a bilateral modification to the original order finalizing the price and delivery schedule. | ||
| (4) Should the Contracting Officer and the contractor be unable to reach an agreement as to the terms of the order, the conflict shall be referred to the Contracting Officer who shall issue such direction as is required by the circumstances. If a bilateral agreement is not negotiated within sixty (60) days after submission of the contractor’s cost proposal, the Contracting Officer will issue a modification to the unilaterally unpriced order that establishes the Government’s total estimated cost for the order. This price will remain in effect unless the contractor requests to negotiate the price by submission of a proposal. | ||
| (5) Failure to arrive at an agreement shall be considered a dispute in accordance with the clause entitled “Disputes”. | ||
| (c) For orders under $100,000, the procedures for reaching agreement are as follows: | ||
| (1) The Contracting Officer shall issue a fully funded, unilaterally executed order representing a firm order for the total requirement. | ||
| (2) In the event the contractor cannot perform in accordance with the terms and conditions and within the estimated cost of the order, the contractor shall: | ||
| (i) notify the Ordering Officer with in three working days | ||
| (ii) submit a proposal for the work requested in the order, | ||
| (iii) not commence performance until such time that the differences between the order and contractor’s proposal are resolved and a modification, if necessary, is issued. |
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