S2OS_RFP_Sections.pdf

8(a) STARS II GWAC

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Section I. Pricing

I. PRICING

1. GENERAL

1.1. The 8(a) Streamlined Technology Application Resource for Services (STARS) II Governmentwide Acquisition Contract (GWAC) – “8(a) STARS II”, a/k/a “STARS II”, is a Multiple Award (MA), Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract to provide information technology (IT) services and IT services-based solutions which may include the integration of ancillary support which is necessary and integral to the IT services being acquired. STARS II is reserved for qualifying Small Business Administration (SBA) certified 8(a) prime contractors with competitive prices.

1.2. The Contractor shall provide all management, supervision, labor, facilities and materials necessary to perform on a task order basis.

1.3. Hereafter, STARS II may also be referred to as the “Basic Contract” while task order(s) issued under the Basic Contract may also be referred to as “Order(s)”.

2. AUTHORITY

2.1. STARS II is established under the authority of the Small Business Act (P.L.

85-536, as amended), 15 U.S.C. 637(a), 13 C.F.R.124 and Federal Acquisition Regulations (FAR) 19.8. It is operated in concert with parallel authority from the Office of Management and Budget (OMB), which has designated the U.S.

General Services Administration (GSA) as an Executive Agent (EA) for Governmentwide IT acquisitions pursuant to Section 5112(e) of the Clinger- Cohen Act, 40 U.S.C. 11302(e).

2.2. The scope of this designation includes GSA’s role and responsibility to award and administer the Basic Contract, and to grant Delegation of Procurement Authority (DPA) to warranted contracting officers for the award and administration of the Orders, that is further addressed in the Contract Administration Section.

2.3. The authority of the Small Business GWAC Center Procuring Contracting Officer (PCO), GSA Administrative Contracting Officer (ACO) and the Ordering Contracting Officer (OCO) are defined in Contract Administration Section.

3. ECONOMY ACT

3.1. In accordance with FAR 17.500(b)(2), the Economy Act does not apply to acquisitions using GWACs.

4. BASIC CONTRACT TERM

4.1. The Basic Contract term is one five-year base period.

5. TASK ORDER PERIOD OF PERFORMANCE

5.1. The term for each Order placed under the Basic Contract shall be specified in the individual Order. Under no circumstances may a new order be placed under the Basic Contract if the Basic Contract is not in effect, has expired, has been cancelled or has been terminated.

5.2. Orders may be awarded during the STARS II GWAC Basic Contract’s life, which is also referred to as the Contract Ordering Period (COP). Therefore the COP, like the Basic Contract term, is for a five-year base period. Orders may not be issued outside the COP.

5.3. An Order may be issued with a period of performance (PoP) of up to seven years from the date the Order is placed, with or without option periods during the PoP, provided:

1) The Order PoP is consistent with the customer agency’s policy on task order duration and funding.

2) Orders that may run beyond the final day of the underlying GWAC COP are limited to three years beyond the final day of the basic contract, which means all orders have to be substantially completed by August 30, 2024.

3) Multi-year contracting is one of the ways to structure an Order’s PoP and is a highly specialized endeavor. OCOs considering multi-year contracting are reminded of their obligations under FAR 1.602-2.

5.4.. An OCO can exercise an Order option period even if the Basic Contract is no longer available for new Orders. OCOs are required to document that Order options are in the best interest of the Government consistent with FAR 17.207, or authorized customer agency supplement.

6. ORDER TYPES

6.1. As defined in FAR Part 16, Type of Contracts, Fixed-Price (FAR 16.2), Incentive (FAR 16.4), Time-and-Materials (T&M (FAR 16.6)), and Labor-Hour (L- H (FAR 16.6)) Order types are permissible. Hybrid blends of the Order types are feasible. The OCO is responsible for clearly identifying the applicable order type(s), making all required determinations and establishing requirements in the Order solicitation.

6.2. There is a regulatory order of precedence for contract types which prioritizes fixed price work over all other contract types, applied to STARS II’s eligible Order types below:

1) Fixed Price (FAR 16.2)

2) T&M or L-H (FAR 16.6)

If not using Fixed-Price terms, FAR 16.601(d) requires contracting officers to document the rationale which applies to orders under STARS II. The determination and findings required by FAR 16.601 (d) requires a higher level of review. Please check agency guidance for the required level of review and approval.

6.3. Orders may be multi-year and/or include option periods and/or include optional Contract Line Item Numbers (s) consistent with the FAR and customer agency contracting and fiscal policy.

7. PERFORMANCE-BASED ACQUISITION PREFERENCE

7.1. Pursuant to FAR 37.102(a)(2), the OCO should use performance-based acquisition methods to the maximum extent practicable using the following order of precedence:

1) Firm-fixed Price Performance-Based

2) A Performance-Based Order that is not Firm-Fixed Price

3) An Order that is not Performance-Based

8. NOT ALLOWED ON STARS II

Renting/leasing

Blanket Purchase Agreements (BPAs)

Letter Contracts

Orders for which IT services outcomes are not the principle purpose

All other orders that do not fall within the scope of the contract as defined throughout the contract in Section II, Scope.

9. RENTING/LEASING

9.1. Renting and leasing of Personal Property and Real Property is not allowable;

however, leases may be part of an IT services-based solution, provided:

1) The Government will not be the lessee and it will not be liable for cancellation fees should an option not be exercised

2) Furthermore, the use of lease-like (incremental) payment arrangements to purchase items, which purport to permit the Government to receive delivery of items and then pay for the full cost of the items over time, are not permitted

9.2. More information about this is presented in the Contract Requirements section.

10. FIXED PRICE ORDER TYPE

10.1. The OCO must determine fair and reasonable pricing for all Fixed-Price Orders in accordance with FAR 15.4, Pricing, and FAR 16.2, Fixed-Price Contracts, and customer agency policy. STARS II is a competitively awarded 8(a) Basic Contract and it is important for OCOs to note such in documenting their price analysis. Further competition for Orders is another valuable price analysis consideration. Fixed price proposals shall include the Contract Access Fee (CAF). When calculating the fixed price, the CAF shall be applied last.

11. INCENTIVE ORDER TYPE

11.1. The OCO must determine fair and reasonable pricing for all incentives in Orders and develop a plan to implement and monitor an Award-Fee, Incentive- Fee, or Award-Term result in accordance with FAR 15.4, Pricing, FAR 16.4, Incentive Contracts and customer agency policy. This is an area of increasing regulatory oversight pursuant to Section 867 of the Duncan Hunter National Defense Authorization Act of 2009, P.L. 110-417 (“DHNDAA” or “NDAA 2009”), and customer agency policy, requiring OCO due diligence. OCOs considering incentive contracting are reminded of their obligations under FAR 1.602-2.

12. TIME & MATERIALS AND LABOR-HOUR ORDER TYPES

12.1. The pricing schedules contain the basic contract ceiling rates for T&M and LH work. The basic contract ceiling rates, and subsequent rates quoted or proposed for task orders, shall be fully burdened labor rates inclusive of all direct and indirect costs (e.g., profit, fringe benefits, salary, indirect rates), personnel and facility security clearance up to the Secret level, and the contract access fee (CAF). When calculating each unit price, the CAF shall be applied last.

12.2. Order rates shall not exceed the basic contract ceiling rates. Although basic contract ceiling rates resulted from competition, it is anticipated that task order competition (fair opportunity orders) or negotiation (directed orders) may result in even more competitive pricing than the basic contract ceiling rates. The OCO 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 total price for the task order is reasonable in accordance with FAR 15.4, Pricing, and FAR

16.601 Time and Materials Contracts. The Basic Contract ceiling rates are very useful pricing references for OCOs to incorporate into their price analysis document.

12.3. The OCO is authorized to establish different fully loaded Order rates suited to meet foreign area requirements and for work requiring personnel and facility security clearance higher than Secret, and for determining fair and reasonable pricing for such work in accordance with FAR 15.4, Pricing, and FAR 16.601 Time and Materials Contracts. Contractors shall explain and justify their foreign area and higher than secret security clearance rates in Order quotes and proposals.

Upon request of the OCO, the Contractor shall provide other than cost or pricing data, to include, a cost element breakdown of each Loaded Hourly Labor Rate, including Profit, in accordance with the Contractor’s cost accounting system, as well as any other supporting information the OCO deems necessary.

12.4. Payments under T&M and LH terms (including matters related to subcontractors, materials, etc.) are governed by the associated Payments Clause in this contract.

13. MAXIMUM BASIC CONTRACT CEILING AND MINIMUM

AWARDEE GUARANTEE

13.1. Pursuant to FAR 16.504(a), the total maximum quantity of all supplies and services under the Basic Contract (for all awardees combined) shall not exceed $10 Billion.

13.2. The total minimum guarantee under the STARS II GWAC is $250 maximum per awardee. The minimum guarantee shall be considered satisfied when an awardee receives task order work valued over $250. The exercise of the basic contract option period does not re-establish the minimum guarantee. STARS II awardees without $250 or more in task order work have a maximum of 60 calendar days after the expiration of their contract, or termination for the Government’s convenience, to request their minimum guarantee in writing from the STARS II Contracting Officer. Termination for cause eliminates the contractor’s entitlement to the minimum guarantee.

14. CONTRACT ACCESS FEE (CAF)

14.1. The CAF is 3/4 of a percent (i.e. 0.0075) applied to the total price/costs for contractor performance as billed to the Government.

14.2. Contract Access Fee (CAF) Formula

Calculations, Assumptions & Definitions:

Loaded Charges – Contract Line Items Numbers (CLIN) that have the CAF embedded in contractor labor rates and/or other charges to the contract. All charges are considered loaded except for a separate CAF CLIN, if any

B = CAF Rate for the Contract set by GSA noted in the Contract, e.g., 0.75 percent (a constant rate)

C = Loaded charges, e.g., $500,000.00 value in CLIN

FORMULA (Use for Loaded Charged CLINs): $ CAF = C x (B / (1 + B))

Example: $500,000.00 x (0.75% / 1.0075) = $3,722.08 CAF”

14.3. Contractors must include estimated CAF on all Order quotes and proposals, regardless of Order type.

14.4. OCOs may require contractors to include CAF as a separate line item on Orders if required by customer agency policy.

14.5. Contractors are responsible for collecting CAF from ordering agencies and for remitting CAF to GSA in accordance with contract requirements.

15. TRAVEL PRICING (ALL ORDER TYPES)

15.1. If authorized in the task order, travel will be reimbursed at actual direct cost in accordance with the limitations set forth in FAR 31.205-46. No indirect costs or profit are allowed for travel.

15.2. Travel will typically be a separate not-to-exceed on orders.

16. LABOR SUBJECT TO THE SERVICE CONTRACT ACT (SCA)

16.1. The Basic Contract’s labor categories are considered bona fide executive, administrative, professional labor and generally exempt from the SCA if used to perform professional IT services, and not more mundane work.

16.2. To the extent that any labor is subject to the SCA and within scope of an Order and the Basic Contract, the OCO must identify such work under a separate CLIN on the Order and apply wages in accordance with FAR 22.10, Service Contract Act Wage Determinations.

16.3. The Basic Contract does not include all applicable flow-down clauses for labor categories subject to the Service Contract Act. Each Order must be tailored to include the appropriate clauses.

17. LABOR SUBJECT TO THE DAVIS BACON ACT

17.1. To the extent construction, alteration and repair are subject to the Davis Bacon Act and within scope of an Order and the Basic Contract, the OCO must identify such work under a separate CLIN on the Order and apply wages in accordance with FAR 22.4, Davis Bacon Act Wage Determinations.

17.2. Any construction, alteration and repair shall be firm fixed price, even if other aspects of the Order are another Order type/Contract terms. It is recognized that modifications to construction line items may not initially be fixed price as the Government works through a change order and/or modification process. In such situations the FAR instructs that such work should be fully definitized as soon as practicable, and certainly before closeout.

17.3. The Basic Contract does not include all applicable flow-down clauses for labor categories subject to the Davis Bacon Act. Each Order must be tailored to include the appropriate clauses. FAR Part 36, or authorized customer agency supplement, is a primary reference for construction contracting regulations.

17.4. Construction contracting is a highly specialized area. OCOs considering including construction contracting as part of an IT services-based solution are reminded of their obligations under FAR 1.602-2.

18. FOREIGN WORK AREAS

18.1. Contiguous United States (CONUS) means the 48 contiguous States and the District of Columbia.

18.2. Non-foreign area means the States of Alaska and Hawaii, the Commonwealths of Puerto Rico, Guam and the Northern Mariana Islands and the territories and possessions of the United States (excludes the Trust Territories of the Pacific Islands).

18.3. Foreign area means any area, including the Trust Territories of the Pacific Islands, situated both outside CONUS and the non-foreign areas.

18.4. It is anticipated that there may be Orders for work in foreign areas. The Department of State Standardized Regulations (DSSR) addresses foreign area allowances and benefits for U.S. Government civilians. The U.S. Department of State’s Bureau of Administration, Office of Allowances, (http://www.state.gov/m/a/als/), publishes quarterly report indexes of living costs abroad, per-diem rate maximums, quarter’s allowances, hardship differentials, and danger pay allowances. OCOs are authorized to select a foreign area pricing approach consistent with the DSSR that is tailored to their order requirements. If a task order RFQ/RFP includes foreign area work and the OCO has not identified a preferred foreign area pricing approach, contractors may include a foreign area pricing approach consistent with the DSSR and shall explain and justify it in their task order quote/proposal, and OCOs shall determine if the approach results in a fair and reasonable prices in accordance with the DSSR, FAR 15.4, and the subparts of FAR 16 authorized by the basic contract which are associated with the instant order solicitation and resulting order. Upon request of the OCO, the Contractor shall provide other than cost or pricing data to support their proposal(s).

18.5. The Basic Contract does not include all applicable clauses for foreign area work. Each Order RFQ/RFP, and resulting Order, must be tailored to include appropriate clauses.

18.6. Foreign area contracting is highly specialized. OCOs considering foreign area contracting are reminded of their obligations under FAR 1.602-2.

http://www.state.gov/m/a/als/

Section II. Scope

II. BASIC CONTRACT SCOPE

1. GENERAL

1.1. The Basic Contract will provide Federal government agencies (see GSA Order 4800.2H for a list of eligible customer agencies) with IT services and IT services-based solutions from 8(a) certified firms on a global basis. In addition to IT services, IT services-based solutions are comprised of a range of ancillary support, but maintain focus on IT services-based outcomes.

1.2. The scope of the contract will be based on four Functional Areas (FAs), each grounded in one of four NAICS codes and their respective definitions. A prospective task order for IT services or an IT services-based solution should be vetted with the NAICS code from the complete NAICS system that, in the judgment of the customer agency, is most closely connected with/that best prospectively fits the IT services-based outcome. If the best-fit NAICS code is one of the four listed below, it is a STARS II candidate opportunity in the respective FA. The Small Business GWAC Center can assist OCOs in making NAICS and FA selections.

FA1: NAICS 541511 - Custom Computer Programming Services FA2: NAICS 541512 - Computer Systems Design Services FA3: NAICS 541513 - Computer Facilities Management Services FA4: NAICS 541519 - Other Computer Related Services

1.3. The basic contract scope structure includes two levels, known as Constellations. Constellation I is the basic level in which contractors must demonstrate technical proficiency and offer competitive prices. Constellation II contractors must possess one or more of the following credentials, demonstrate technical proficiency and offer competitive prices.

ISO 9001:2008

CMMI Level II (or higher) – DEV CMMI Level II (or higher) – SVC

1.4. If the work fits in a FA and a customer requires one of the designated credentials, it is a Constellation II opportunity in that FA; otherwise it is a Constellation I opportunity in that FA.

1.5. A potential task order’s scope may include project management associated with the IT service outcomes.

8(a) STARS II Scope Structure

Constellation and Functional Area Taxonomy

FA1

NAICS

541511

FA2

NAICS

541512

FA3

NAICS

541513

FA4

NAICS

541519

Constellation I

X X X X Technical Proficiency and Competitive Prices

Constellation II

X X X X

ISO 9001:2008

or

CMMI Level II (or higher) - DEV or

CMMI Level II (or higher) – SEV with

Technical Proficiency and

Competitive Prices

2. INFORMATION TECHNOLOGY DEFINED

2.1. Please refer to FAR 2.101 for the definition of Information Technology (www.acquisition.gov).

3. FUNCTIONAL AREA DESCRIPTIONS

3.1. The information below is based on the 2007 NAICS code definitions which can be found on the U.S. Census website (www.census.gov), while their associated small business size standards may be found on SBA’s website (www.sba.gov/size).

3.2. For each FA, the work examples in the bulleted list under each NAICS code description are representative, not all inclusive.

FA1: 541511- CUSTOM COMPUTER PROGRAMMING SERVICES

This U.S. industry comprises establishments primarily engaged in writing, modifying, testing, and supporting software to meet the needs of a particular customer.

Custom computer applications software programming services Custom computer program or software development http://www.census.gov/ http://www.sba.gov/size

Custom computer programming services

Custom computer software analysis and design services

Custom computer software programming services

Custom computer software support services Web

(i.e. Internet) page design services, custom

FA2: 541512- COMPUTER SYSTEMS DESIGN SERVICES

This U.S. industry comprises establishments primarily engaged in planning and designing computer systems that integrate computer hardware, software, and communication technologies. The hardware and software components of the system may be provided by this establishment or company as part of integrated services or may be provided by third parties or vendors. These establishments often install the system and train and support users of the system.

CAD (computer-aided design) systems integration design services

CAE (computer-aided engineering) systems integration design

CAM (computer-aided manufacturing) systems integration design

Computer hardware consulting services or consultants

Computer software consulting services or consultants

Computer systems integration analysis and design services

Computer systems integration design consulting services

Computer integrator services

Information management computer systems integration design services

Local Area Network (LAN) computer systems integration design services

Computer network systems design services

Office automation computer systems integration design services

FA3: NAICS 541513- COMPUTER FACILITIES MANAGEMENT SERVICES

This U.S. industry comprises establishments primarily engaged in providing on-site management and operation of clients computer systems and/or data processing facilities. Establishments providing computer systems or data processing facilities support services are included in this industry.

Computer systems facilities management and operation services

Data processing facilities management and operation services

Computer systems or data processing facilities management and operation services

Computer systems or data process facilities support services

FA4: NAICS 541519- OTHER COMPUTER RELATED SERVICES

This U.S. industry comprises establishments primarily engaged in providing computer related services (except custom programming, systems integration design, and facilities management services). Establishments providing computer disaster recovery services or software installation services are included in this industry.

Computer disaster recovery services

Computer software installation services

4. IT SERVICES-BASED SOLUTIONS

4.1. IT services-based solutions may include work that, on its own, might not be considered IT. That work is characterized as “Ancillary Support”. Ancillary Support can be structured in Orders consistent with the overall Order type, or as part of a hybrid Order type approach, consistent with the Pricing section guidance. OCOs clearly express the desired Order type(s) for Ancillary Support in Order RFQs and RFPs, and resulting Orders.

4.2. Ancillary Support can be categorized as Ancillary Services and Ancillary Equipment, as shown below:

Ancillary Services (i.e. clerical support; training; construction, alteration and repair; telecommunications/wireless transport, additional labor categories, etc.) must be integral and necessary for the IT services-based solution

Ancillary Equipment (hardware, software, software licenses, racks, mounts; etc.) may be purchased if integral and necessary for the IT services-based solution.

5. ANCILLARY TELECOMMUNCIATIONS/WIRELESS

5.1. Telecommunications, wireless, and satellite products and services may be purchased as part of an overall IT services-based solution. The sole purpose of a requirement may not be for a commodity (e.g. land mobile radios) or transport services or wireless connectivity.

6. ADDITIONAL LABOR CATEGORIES FOR T&M AND LH ORDERS

6.1. The existing T&M and LH labor categories on STARS II are very robust, and were written without minimum education and experience requirements consistent with FAR 39.104, preferring instead to focus on competencies and responsibilities. OCOs may consider additional labor categories for T&M and LH Orders when deemed necessary to provide IT services or an IT services-based solution. OCOs should perform due diligence in determining if a STARS II contractor’s opinion that unique labor categories are required/that existing STARS II labor categories don’t suffice is meritorious before considering additional T&M or LH labor categories. Additional labor categories would need to bring to bear skill sets that are so specialized or rare that they are not already encompassed in any existing Basic Contract labor category. The OCO will negotiate a fair and reasonable labor rate with the Contractor for the applicable Order consistent with the Order type, or as part of a hybrid Order type approach, consistent with the Pricing section guidance.

6.2. The OCO shall vet additional labor categories with SCA and DB considerations, and, where applicable, address SCA and DB requirements consistent with the Pricing section guidance.

Section III. Contract Administration

III. CONTRACT ADMINISTRATION

1. GENERAL

1.1. This section provides guidance regarding contract administration for the Basic Contract, and where applicable, for each Order placed under the Basic Contract. Additional contract administration requirements may be specified in each Order. Costs associated with these requirements shall not be billed as a direct cost to the Government.

2. AUTHORIZED USERS

2.1. Pursuant to FAR 16.504(a)(4)(vi), only authorized users may place Orders under the Basic Contract. In order to qualify as an authorized user, a duly warranted Contracting Officer (as that term is defined in FAR 2.1) in good standing must have an appropriate signed delegation of procurement authority (DPA) from the Administrative Contracting Officer (ACO). For purposes of this Basic Contract, these authorized users are identified as Ordering Contracting Officers (OCOs).

2.2. This Basic Contract is for use by all Federal agencies, authorized Federal contractors, and others as listed in GSA Order ADM 4800.2H, ELIGIBILITY TO USE GSA SOURCES AND SUPPLY, June XX, 2013, as modified from time to time.

3. ROLES AND RESPONSIBILITIES

3.1. This section describes the roles and responsibilities of Government personnel after Basic Contract award. The Government may modify the roles and responsibilities at any time during the period of performance of the Basic Contract.

4. PROCURING CONTRACTING OFFICER (PCO)

4.1. The PCO is the sole and exclusive government official with actual authority to award the Basic Contract. After award of the Basic Contract, the PCO may delegate any or all of the contract administration functions, described in FAR 42.302, to an Administrative Contracting Officer.

4.2 The Small Business GWAC Center reserves the right to assign multiple PCOs to this contract each empowered with the same duties and authority.

5. ADMINISTRATIVE CONTRACTING OFFICER (ACO)

5.1. Responsibilities not specifically delegated to the ACOs by the PCO shall be reserved for the PCO.

6. ORDERING CONTRACTING OFFICER (OCO)

6.1. Only an authorized user, who is a delegated OCO, may place and administer an Order under the Basic Contract. Upon request, the OCO for any specific Order may provide a copy of the applicable DPA.

6.2. The OCO for each Order is the sole and exclusive Government official with actual authority to take actions which may bind the Government for that Order.

7. CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

7.1. The OCO for each Order may designate a Contracting Officer’s Representative (COR) or Contracting Officer’s Technical Representative (COTR) to provide certain assistance to the OCO for that Order. The specific rights and responsibilities of the COR or COTR for each Order shall be described in writing, which upon request shall be provided to the Contractor. A COR/COTR has no actual, apparent or implied authority to bind the Government.

8. INDUSTRIAL OPERATIONS ANALYST (IOA)

8.1. The Industrial Operations Analyst (IOA) is authorized to examine records and to conduct Contractor Assistance Visits (CAVs) to the Contractor’s place of business to assist Contractors with Order reporting and CAF management issues, and other general contract administration functions as deemed appropriate and necessary by the Government.

9. MARKETING

9.1. Contractors shall develop company specific 8(a) STARS II GWAC brochures for distribution at trade shows, conferences, seminars, etc. All marketing and promotional materials, including information on the contractor webpage must be approved by the ACO prior to distribution and may be co-branded with marks owned or licensed by the Contractor and GSA, as long as they comply with GSA Star Mark guidelines which can be found at www.gsa.gov/logos.

9.2. Contractors shall develop and distribute printed materials to enhance awareness of the 8(a) STARS II Contract. Contractors shall participate in various conferences and trade shows hosted by GSA to facilitate outreach efforts for federal agency customers and to aid in the marketing of 8(a) STARS II.

10. ORDER LEVEL PROTEST

10.1. In accordance with National Defense Authorization Act (NDAA) 2012, no protest under $10,000,000 is authorized in connection with the issuance or proposed issuance of an order under a Task-Order Contract or Delivery-Order http://www.gsa.gov/logos.

Contract, except for a protest on the grounds that the order increases the scope, period of performance, or maximum value of the Contract consistent with FAR 16.505.(a)(10) that predates NDAA 2012.

10.2. In accordance with the NDAA 2012, the Comptroller General of the United States has exclusive jurisdiction over any protests greater than $10,000,000.

11. OMBUDSMAN

11.1. In accordance with FAR 16.5 disputes related to matters affecting order award may be directed to the designated Ombudsman. The GSA Ombudsman is a senior GSA official who is independent of the GSA PCO, ACOs or OCO.

11.2. The GSA Ombudsman is the Director, Office of Acquisition Integrity located at:

General Services Administration (GSA), Office of Governmentwide Policy (OGP), Office of Acquisition Policy (MV), Acquisition Integrity Division (MVA), 1800 F Street, NW., Room 4014 Washington, D.C. 20405 Telephone: (202) 501-0699, E-mail: GSAIndustrySupport@gsa.gov.

12. MEETINGS AND CONFERENCES

12.1. From time to time the Government may require attendance at conferences and meetings at no additional cost to the Government.

13. BASIC CONTRACT POST-AWARD ORIENTATION

13.1. The Contractor shall participate in a Basic Contract post-award orientation at a time and place to be determined by the PCO.

14. CONTRACTOR PERFORMANCE SYSTEM

14.1. Past performance evaluations pertaining to the Basic Contract and Orders under the Basic Contract will typically reside in the Past Performance Information Retrieval System (PPIRS). The PPIRS functions as a central warehouse for performance assessment reports received from various Federal performance information collection systems.

14.2. Contractors are required to register in the appropriate past performance assessment systems to review and respond to their surveys as prescribed by the customer agency policy. Contractor “view” access to PPIRS is gained through the System for Award Management (SAM) (www.sam.gov) process. Contractors mailto:E-mail:%20GSAIndustrySupport@gsa.gov.

http://www.ccr.gov/ must be registered in SAM and must have created a Marketing Partner Identification Number (MPIN) in the SAM profile to access their PPIRS information.

15. SUBCONTRACTING CONSIDERATIONS

15.1. There are two related considerations that take center stage. The first is the Limitations on Subcontracting, and the second is what is known as Pass Throughs. All STARS II prime contractors are responsible for managing the workload mix being performed under their contract(s) and Orders.

15.2. In accordance with the 13 CFR 125.6, and associated FAR Clause 52.219- 14, a small business concern contracting for services will perform at least 50 percent of cost of the contract incurred for personnel with its own employees.

Similarly, STARS II prime contractors are expected to perform a meaningful amount of work/add significant readily-identifiable value on each Order to prevent pass-through situations. This is an area of increasing regulation, as evidenced by the DoD interim rule for pass throughs cited in GAO report GAO-08-269, January 25, 2008, and as identified in Section 866 of the Duncan Hunter National Defense Authorization Act of 2009, P.L. 110-417 (“DHNDAA” or “NDAA 2009”).

15.3. It is a best practice for OCOs to require industry partners to disclose the amount of work they intend to perform with their own resources in Order RFQs and RFPs. OCOs may require Order invoice level subcontracting reporting should they wish to monitor these matters closely during Order performance. A good rule of thumb at the Order level is for the small business prime contractor to be expected to perform approximately 50% or more of the work itself, or to follow specific customer agency standards (such as those promulgated in DoD’s interim rule cited above).

15.4. It is reasonable and routine that on larger tasks small business prime contractors may manage capacity building through subcontracting with other small business firms and other than small business firms to provide scalability in the early stages of performance. It is reasonable to consider the total prospective life cycle of an order, including option periods, when evaluating how much work the prime plans to perform for a given task order. OCOs may request a well-defined plan from 8(a) prime contractors to facilitate this review, and may qualitatively evaluate such plans during task order source selection if they establish that in their task order solicitations.

15.5. Consent to subcontract pursuant to FAR 44.2 is applicable on an ad hoc basis at the Order level. OCOs may require subcontractor responsibility determinations of prospective subcontractors per FAR 9.103 and 9.104-1.

Consent to subcontract is not required at the Basic Contract level.

16. SUBCONTRACT REPORTING

16.1. Prime contractors shall follow the subcontracting reporting process established for 8(a) certified firms at 13 CFR 124.510. Contractors shall maintain up-to-date records concerning subcontracting costs and enter said data in the CPRM of GSA ASSIST no later than 30 calendar days after each six-month reporting period (RP).

16.1.1 Subcontracting reporting periods for Stars II are as follows:

1. NTP through 31 Dec 2011

2. Semi-annually each calendar year on 30 Jun and 31 Dec

16.2. Each STARS II industry partner is required to submit subcontracting data semi-annually in the Contract Payment and Reporting Module of GSA ASSIST (https://web.itss.gsa.gov/Login) as stated in paragraph 16.1 above. This reporting is a mandatory requirement of the contract. An industry partner’s failure to comply with this obligation will result in corrective action, i.e., performance improvement plan, option not exercised, and possible contract termination.

16.3 A negative report is required when there is no activity or no subcontracting in the preceding six months. To satisfy the negative report requirement, send an email to the STARS II SB GWAC email address at s2@gsa.gov with a statement of “NO ACTIVITY TO REPORT FOR THIS REPORTING PERIOD”. The negative report submitted should contain the contractor’s contract number and report period in the email subject line.

16.4. Contract options for contractors not in full compliance with FAR 52.219-14 may not be exercised. Willful failure or refusal to furnish the required reports, or gross negligence in managing the subcontracting limitation, or falsification of reports constitutes sufficient grounds to terminate the Contractor for Cause.

16.5. STARS II includes a limitation in subcontracting requirement in accordance with FAR 52.219-14, Limitations in Subcontracting (13 CFR 125.6). In accordance with the 13 CFR 125.6, the small business prime must perform a minimum of 50% of the applicable personnel costs for the combined total of all task orders issued to date at six month intervals (13 CFR 124.510(c)).

17. ORDERING PROCEDURES

17.1. Any services, and ancillary services or equipment, to be furnished under this contract will be ordered by issuance of written orders. Oral orders are not authorized. An order specifies and authorized the work to be performed by the Contractor. The order will include pricing and a statement of work. All orders https://web.itss.gsa.gov/Login) mailto:at_s2@gsa.gov must cite the primary NAICS code and the appropriate FA. Orders may only be issued from date of contractor notice to proceed through contract expiration.

17.2. Ordering procedures must comply with the following:

(a) FAR 19.8 for directed orders or FAR 16.505 (for DoD customer agencies refer to DFARS 216.505-70) for orders subject to fair opportunity to be considered;

(b) Orders are not exempt from the development of acquisition plans (see FAR 7.1), and an information technology acquisition strategy; (see FAR 39). OCOs follow customer agency processes for planning and funding the order requirements, gaining any necessary approvals and documenting the procurement

(c) The OCO shall include the evaluation procedures in task order solicitations and establish the time frame for responding to task order solicitations, giving Offerors a reasonable proposal preparation time while taking into account the unique requirements and circumstances of the effort;

(d) Orders shall be within the scope, issued within the period of performance, and be within the maximum value of the Basic Contract;

(e) Contractor due diligence, preparation, presentation, and discussion of the Offeror’s proposal in response to a task order solicitation will be at no direct cost to the Government; and

(f) All Orders placed under the Basic Contract are subject to the terms and conditions of the Basic Contract at time of order award. In the event of any conflict between the Order and the Basic Contract, the Basic Contract will take precedence.

18. FAIR OPPORTUNITY

18.1. OCOs must follow the Fair Opportunity procedures specified in FAR 16.505(b)(1) and the exceptions to Fair Opportunity in FAR 16.505(b)(2) with issuing a task order that exceeds the 8(a) competition threshold. DoD guidance on the above is contained at DFARS 216.505-70.

18.2. FAR 16.505(b)(1) provides that each contractor shall be given a Fair Opportunity to be considered for each order exceeding the 8(a) competition threshold. The method to obtain fair opportunity is at the discretion of the OCO, and it must be documented. The OCO is responsible for completing and documenting price reasonableness according order type(s).

18.3. In accordance with the National Defense Authorization Act (NDAA) of 2008, for task or delivery orders in excess of $5,000,000, the contracting agency’s obligation to provide “a fair opportunity to be considered” is not met unless “all contractors” are provided the following (at a minimum):

1) a notice of the order that includes a clear statement of the agency’s requirements

2) a reasonable period of time to provide a proposal in response to the notice

3) disclosure of the significant factors and subfactors, including cost or price, which the agency expects to consider in evaluating such proposals, and their relative importance

4) in the case of an award that is to be made on a best-value basis, a written statement documenting the basis for the award and the relative importance of quality and price or cost factors; and

5) an opportunity for a post-award debriefing if timely requested

18.4. The Government may disseminate RFI/RFQ/RFPs via e-mail, facsimile, GSA’s e-Buy at www.gsa.gov/ebuy, commercial mail carrier or other electronic means as prescribed by the OCO’s agency. Solicitation synopsis in FedBizOpps is not required or recommended under indefinite-delivery contracts. The use of any one of the preceding mediums to broadcast an RFQ/RFP notice to all contract holders satisfies the Fair Opportunity to be considered notification requirement.

19. CANCELLATION OF REQUIREMENT

19.1. Canceling a task order solicitation is at the discretion of the OCO and may be necessary when:

(a) Services are no longer required, or are significantly changed;

(b) All offers received are at unreasonable prices, or only one offer is received and the contracting officer cannot determine the reasonableness of the price; or

(c) For other reasons, cancellation is clearly in the government’s interest.

20. DIRECTED ORDERS

20.1. In accordance with Section 8(a) of the Small Business Act and FAR 19.8, Orders may be awarded on a directed, a/k/a sole source, basis up to the 8(a) competition threshold based on the contractor’s self-marketing efforts or past http://www.gsa.gov/ebuy, performance. The OCO shall make a determination of price reasonableness and have the authority to make award decisions for each order.

21. ORDER INFORMATION

21.1. Orders shall include, but not be limited, to the following:

(a) Date of Order;

(b) Contract Number and Order Number;

(c) Order Type;

(d) Contract Line Item Numbers; Travel (if any), Materials (if any); Contract Access Fee (CAF) if requested by the OCO; Fixed Price, or Ceiling Price

(e) Statement of Work, Statement of Objectives, or Performance Work Statement;

(f) Delivery and/or performance schedule, including Options (if any);

(g) Place of delivery and/or performance (including consignee);

(h) Any packaging, packing, and shipping instructions;

(i) Accounting and appropriation data; and

(j) Method of payment and payment office.

22. CONTRACTOR ADMINISTRATIVE REPORTING AND CAF REMITTANCE

22.1. The following defines the administrative reporting requirements and CAF remittance under the Basic Contract. All reporting data shall be reported using the Contract Payment and Reporting Module in GSA ASSIST or any other process prescribed by GSA. The types of reporting data required are as follows:

22.2 The types of reporting data required are as follows:

(1) Order Award/Modification Data

(2) Purchase Data

(3) Zero Purchase Data

(4) CAF Payment Data

22.3. Order Award/Modification Data – The contractor shall report all Orders and modifications within 30 calendar days of order acceptance/award. Data includes, but is not limited to:

(1) Contractor Name

(2) Basic Contract Number

(3) Order Number

(4) Award/Modification Date

(5) Award/Modification Total Estimated Value

(6) Award/Modification Obligated Amount

(7) Period of Performance

(8) Order Type(s)

(9) Issuing OCO

(10) Customer Agency

(11) Performance-based (Yes/No)

(12) Use of non-standard/specialized labor categories

22.3.1 Order award and modification data issued by the GSA Assisted Acquisition Service (AAS) through the GSA ASSIST system will automatically populate into the Contract Payment and Reporting Module.

22.4. Purchase Data – This information comes from and shall match information on the accepted invoice submitted to the customer. The contractor shall report purchase data from each accepted invoice within 30 calendar days after the end of the reporting quarter. It is essential that the contractor submit CAF payments based on reported purchase data. (Refer to CAF Payment Data) Purchase data includes, but is not limited to:

(1) Contractor Invoice Number

(2) Date Issued

(3) Invoiced amount

22.4.1. Zero Purchase Data: “For all active Task Orders, if no invoice was submitted to the customer and was accepted during a required reporting period for a specific task order, the contractor shall report zero dollars ($0) in the “Zero Purchase Data” screen located in the CPRM system for that particular task order.

22.5. The Contractor shall accept payment of invoices via EFT. Invoice submission information shall be contained in each individual Order. Payment of invoices will be made by the payment office designated in each individual Order.

22.5 .1. Zero Purchase Data - If no Purchase Data was received during a required reporting period for a specific task order, the contractor shall report in the “Zero Purchase Data” screen located in the CPRM system for that particular task order.

22.6. CAF Payment Data – The contractor shall report all CAF payments, in the CPRM within the GSA ASSIST (http://itss.gsa.gov ) system within 30 calendar days after the end of the reporting quarter. It is essential that the contractor submit CAF payments based on reported purchase data. Additionally, if CAF payment adjustments are made (such as those resulting from paid invoices not http://itss.gsa.gov/ matching accepting invoices that were reported), the contractor must adjust CAF payment data AND purchase data in the CPRM to ensure that they reconcile. (Refer to Purchase Data)

CAF payment data includes, but is not limited to:

(1) Total Remitted Amount

(2) Remit Date

(3) Voucher Number (Payment Tracking ID)

(4) Total CAF Payment Amount

(5) Allocated amount applied to each Task Order Number (for the reported payment)

22.6.1 Reporting periods shall be based on calendar year, quarterly reporting.

Reporting period: Report Due Date:

01 Jan – 31 Mar 30 Apr 01 Apr – 30 Jun 30 Jul 01 Jul – 30 Sep 30 Oct 01 Oct – 31 Dec 30 Jan

22.7. The Contract Access Fee (CAF) reimburses GSA for the cost of operating the 8(a) STARS II GWAC. The CAF is calculated as 3/4 of a percent (i.e. 0.0075) applied to all prices/costs for contractor performance billed to the Government.

22.8. The CAF formula is calculated by the CAF reporting system. Manual calculations may result in CAF overpayment. The CAF reporting system total CAF owed amount is the amount that shall be paid and reported.

22.9. The CAF percentage is set at the discretion of GSA and GSA maintains the unilateral right to change the percentage at any time, but not more than once per year. GSA will provide reasonable notice prior to the effective date of any change.

22.10. Contractors shall remit the CAF to GSA in U.S. dollars within 30 calendar days after the end of the reporting quarter. Where payments for multiple invoices (on one or more Orders) are due, Contractors may consolidate the CAF owed into one payment.

22.11. CAF payments are to be remitted via Electronic Funds Transfer (“EFT”).

Contractors are authorized to pay with a check only until the CPRM has been updated to accept electronic payments. If paying by check, each check shall be annotated with the corresponding STARS II contract number only, and the reporting quarter.

Payment by check: All GWAC checks must be made payable and remitted to the following address:

U.S. General Services Administration Government Wide Acquisition Contracts - GWACs P.O. Box 970027 St. Louis, MO 63197-0027

If necessary, the courier address is:

GSA Federal Acquisition Service Government Lockbox SL-MO-C2GL 1005 Convention Plaza (P.O. Box 970027) St. Louis, MO 63197-0027

GSA FAS reserves the right to unilaterally change such instructions as necessary, following notification to the Contractor.

22.12. Failure to remit the CAF in a timely manner will constitute a Basic Contract debt to the United States Government under the terms of FAR 32.6.

23. ORDER CLOSE-OUT

23.1. The OCO is responsible for closing out individual Orders under the Basic Contract. The Contractor agrees to cooperate with the OCO to close out Orders as soon as practical after expiration, cancellation or termination of each Order.

23.2. Order close-out will be accomplished within the guidelines set forth in: FAR Part 4 Administrative Matters and FAR Part 42 Contract Administration and Audit Services.

24. ANNUAL ORDER REPORT

24.1. The Contractor shall submit annually the Annual Order Report to the STARS II ACOats2@gsa.gov and to their servicing SBA district office, due 30 calendar days after the anniversary date of the Basic Contract notice to proceed, and thereafter annually until all Orders are accounted for. This report shall include a list of all active Orders within the reporting period and will include, but not be limited to:

(1) Order Number

(2) Order Type

(3) OCO Point of Contact

(4) OCO Email

(5) Period of Performance

(6) Order Value

(7) Cumulative Invoiced Amount

(8) De-obligated Amount

(9) Total CAF Amount Paid

(10) CAF Balance Owed

(11) Issues

24.2. The report will also include identification of completed orders including, but not limited to the following data:

(1) Order Number

(2) Order Type

(3) OCO Point of Contact

(4) OCO Email

(5) Period of Performance

(6) Final Order Value

(7) Cumulative Invoiced Amount

(8) De-obligated Amount

(9) Total CAF Amount Paid

(10) CAF Balance Owed

(11) Final Invoice Paid (Y/N)

(12) Release of Claims Date

(13) Pending Actions (if not closed out)

25. BASIC CONTRACT SIZE RE-REPRESENTATION

25.1. GSA intends to implement FAR 52.219-28 and the associated regulatory framework (SBA Final Rule 11/15/2006, FAR Final Rule 4/20/2009.)

Accordingly, there are numerous scenarios to consider. For example, if a firm is no longer small as a result of organic growth as an 8(a) company and has not undergone a merger or acquisition, with or without a novation, GSA would consider allowing the firm to retain their STARS II contract pursuant to the 8(a) program framework which permits this.

25.2. A second example is if a firm has been through a merger or acquisition with a non-8(a) organization, with or without a novation, and is no longer a small business concern. That firm has responsibilities to coordinate with the SBA regarding continued 8(a) eligibility. In such an instance, GSA would request SBA to render an 8(a) eligibility determination for the new organization. SBA’s determination would determine continued eligibility under STARS II.

26. ORDER SIZE RE-REPRESENTATION

26.1. OCOs have the discretion to require a re-representation of the prime contractor’s size status as a condition of order award. Mere inclusion of a NAICS code in a task order solicitation does not amount to an order-level size re-representation. It is commonplace for a NAICS code and size standard to be listed in a task order solicitation and that doesn't explicitly indicate that an order level size re-representation is a solicitation requirement. If an OCO intends to require an order level size re-representation as a condition of order award, they should explicitly make that assertion in the task order solicitation and use the OSR template found in the STARS II Ordering Guide, Appendix - X (10).

STARS II prime contractors encountering a NAICS code and size standard in a task order solicitation should ask the OCO to clarify their intent.

27. DELEGATION OF PROCUREMENT AUTHORITY

27.1. Federal buyers who wish to use STARS II must receive and will benefit from STARS II contract overview training leading to a written Delegation of Procurement Authority (“DPA or…