Ordering Guide-Attachment J-9_011822v1.pdf

SWIFT ORDERING GUIDE—ATTACHMENT J-9

Services not allowed on task orders:

• Inherently governmental functions – see the prohibition at FAR Subpart 7.503(a)

• Personal services as defined in FAR Subpart 37.104(a)

• Architect-Engineering (A&E) services subject to the Brooks Act and FAR Part 36 procedures

• Construction – except: minor repair and alterations can be provided as ancillary

• Services for any remediation, transportation, or disposal of radioactive waste, asbestos, and/or paint abatement or radon mitigation.

Ordering Procedures for Task Orders

It is imperative that ordering activities follow these procedures and do not mix FAR 13 or FAR 15 procedures. FAR Part 15 does not apply to Schedules orders.

The following FAR parts apply to Schedule orders:

FAR Part 7, Acquisition Planning FAR Part 10, Market Research FAR Subpart 33.1, Protests FAR Subpart 37.6, Performance Based Acquisition

The following FAR Parts DO NOT apply to Schedule orders:

FAR Part 5, Publicizing Contract Actions FAR Part 6, Competition Requirements FAR Part 13, Simplified Acquisition Procedures, except 13.303-2(3)(c) FAR Part 15, Contracting by Negotiation FAR Part 19, Small Business Programs, except 19.102(b)(3) and 19.202-1(e)(1)(iii)

Authorized Users All warranted Contracting Officers of ICE are authorized ordering officers.

ICE reserves the right to place delivery orders under this contract for the benefit of other Federal agencies as a servicing agency under an Interagency Agreement (IAA) or for other agencies and institutions as permitted by law.

OCOs shall use Optional Form (OF) 347 to issue task/delivery orders for supplies or services under the SWIFT IDIQs. All task/delivery orders are subject to the terms and conditions of the base IDIQs.

Order-Level Contract Types Subject to FAR and agency-level required consideration criteria, limitations, and/or prohibitions, you may use any appropriate contract type within an order except cost reimbursement.

Appropriate task order contract types include:

• Firm-Fixed-Price (FFP)

• Time-and-Materials (T&M)

• Labor-Hour

• Hybrids of any of these types, e.g., FFP with T&M Contract Line Item Numbers (CLINs)

Requirements Documents Covered at the base IDIQ level:

The following requirements documents were developed during the base IDIQ and apply to task orders placed against SWIFT IDIQs.

Procurement Summary Roadmap, signed October 7, 2021 Acquisition Plan Subcontracting Plan EEO Clearance

The following requirements documents are required at the task order level (the list is not all inclusive, additional documents may be required):

Acquisition Planning Forecast System Appendix G DHS Form 700-22 (Small Business Review) Independent Government Cost Estimate G-514 Market Research Evaluation Factors (technical and price are recommended) CPARS evaluations

ITAR

TOs issued shall include, but not be limited to the following information (when applicable):

(a) Date of order;

(b) Contract and order number;

(c) Type of Order;

(d) Appropriation and accounting data;

(e) Description of the services to be performed;

(f) Description of end item(s) to be delivered;

(g) The individual responsible for inspection/acceptance;

(h) Period of performance/delivery date;

(i) Estimated number of labor hours for each applicable labor category;

Order Funding and Funding Limitations All orders made against SWIFT contracts must be funded by the requirement activity requiring and requesting the supplies or services. Funds management and administration are the responsibility of the ordering activity. The ordering activity determines if the type of funds being used is appropriate for the order commodity or service being acquired.

Order Period of Performance The maximum potential ordering period of the basic IDIQ contract, if all options are exercised, is five years from the effective date of the contract award and may be extended for a period of up to six additional months pursuant to the Option to Extend Service clause (FAR 52.217-8). TOs may be issued during the ordering period of this contract and shall be completed within the timeframe stated in the order. Task orders may be awarded up to the final date of the five-year ordering period and may contain a base and option periods that allow for total task order duration of up to 60 months after the base IDIQ’s five-year ordering period expires. TOs may have base and option periods.

The Government has no obligation to issue any orders beyond the minimum order guarantee to each awardee.

After the base IDIQ’s ordering period expires, the base IDIQ will remain an active contract to govern the terms and conditions of active task orders until the final task order is closed out.

The period of performance (POP) for each task order awarded under a SWIFT contract shall be specified in the order when it is initially awarded by the ordering activity. Orders must be solicited and awarded prior to the SWIFT POP expiration.

Options on Task Orders SWIFT contracts include the standard FAR clause 52.216-22, Indefinite Quantity, to allow ordering activities and contractors to continue orders up to 60 months after the base IDIQ contract has expired, including exercising options.

Task order option periods may be exercised after the five-year ordering period expires as long as the final task order option period does not extend the cumulative term of the task order beyond sixty months after the base IDIQ’s five-year ordering period expires.

In accordance with the requirements of FAR 17.207, Exercise of Options, Options may be included on orders placed against SWIFT contracts, provided that the options are clearly stated in the requirement and are evaluated as part of the ordering activity’s “best value” determination.

Defining the Requirements and Developing the Solicitation:

Issue the Solicitation

(i) The government will issue a Task Order Request for Proposals that includes a SOW/PWS/SOO, proposal instructions, and evaluation factors for award. Unless an exception applies under FAR 16.505(b)(2), the government will issue the RFP and PWS contractors under the domain describing specific work and data items required, anticipated performance period, critical milestones; or a SOO that describes the overall task/delivery order performance requirement.

(ii) The evaluation factors and criteria for each task/delivery order will be described in the solicitation for the task order.

(iii) The Contractors shall provide the Contracting Office a complete, detailed proposal. The proposal shall address:

(1) The comprehensive technical approach to accomplish the work;

(2) Detailed pricing data in accordance with the instructions set forth in the task order RFP;

(3) Proposed schedule for completing the task/delivery order effort; and

(4) Any other requested and/or pertinent information.

(iv) Upon proposal receipt, ICE will evaluate all proposals, engage in interchanges if determined necessary by the Contracting Officer, and make an award to the Offeror proposing the best overall value to the Government.

Evaluation of Proposals The use of Oral presentations, technical demonstrations, and other innovative techniques are encouraged for evaluation of task orders. When using oral presentations as an evaluation technique, a signed offer sheet (including any exceptions to the Government’s terms and conditions) shall be submitted in writing.

The contracting officer shall maintain a record of oral presentations to document what the Government relied upon in making the source selection decision. The method and level of detail of the record (e.g., videotaping, audio tape recording, written record, Government notes, copies of offeror briefing slides or presentation notes) shall be at the discretion of the OCO.

Ordering contracting officers are required to evaluate technical submissions and price.

Past performance, small business subcontracting plans, and small business participation plans are not required to be evaluated at the task order level.

Prices/Labor Rates SWIFT labor rates have been determined to be fair and reasonable at the base IDIQ level. Pricing at the task order level should be evaluated to ensure that the quoted price does not exceed the awarded price/labor rates on the base IDIQ contract, to determine if discounts were offered and determine the task order price is fair and reasonable.

The ordering activity/ordering contracting officer is responsible for considering the level of effort and the mix of labor proposed to perform a specific task being ordered, and for determining that the overall proposed is fair and reasonable.

* T&M and LH task orders with subcontracts that do not specify a labor category in the task order shall be proposed and awarded as Materials in accordance with FAR 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts.

Award of Task Order:

A copy of any task order issued under SWIFT must be provided to the SWIFT CO. The task order award should be submitted by email to SWIFT-MA-IDIQ@ice.dhs.gov.

EEO Clearance EEO clearance procedures was conducted at the time of award. The contracting ordering officer is not required to perform a review on task orders; however, the contracting is not precluded from performing a check to verify the information is current.

Administration of the Task Order/Close-out Task Order Performance Evaluation

CPARS evaluations will be conducted at the task order level.

Each OCO is responsible for ensuring that the contractors’ performance on each order exceeding the Simplified Acquisition Threshold is reported in CPARS in accordance with the policies in FAR Subpart 42.15. Follow agency procedures for preparation, review, and submission of performance reports.

CPAR assesses a contractor's performance and provides a record, both positive and negative, on a given contractor during a specific period of time. Each assessment is based on objective facts and supported by program and contract management data, such as cost performance reports, customer comments, quality reviews, technical interchange meetings, financial solvency assessments, construction/production management reviews, contractor operations reviews, functional performance evaluations, and earned contract incentives. The Evaluation factors for CPARS include Technical, Cost Control, Schedule/Timeliness, Management/Business Relations, Small Business Subcontracting, and Other.

Order Closeout OCOs are responsible for closing out task orders. Order files shall be closed out in accordance with the policies in FAR Subpart 4.804-1, or, if the order is administered by another office, FAR Subpart 4.804-2 applies. The procedures prescribed at FAR Subpart 4.804-5 shall be used except when it is appropriate to use the quick closeout procedures at FAR Subpart 42.708.