Attachment_2_-_Task_Order_Instructions_-_Revised.docx

ATTACHMENT 2 – TASK ORDER INSTRUCTIONS - REVISED

1. Task Order Procedures. The following are the procedures for issuing task orders:

1.1 Placement of Task Orders.

The following procedures are applicable to placement of task orders:

A. Each task order shall:

1. Be issued by the Contracting Officer as a task order on Optional Form 347 (Order for Supplies or Services/Request for Quotations), or on Standard Form 30 (Amendment of Solicitation/Modification of Contract) in the case of a modification to an order;

2. Incorporate the terms and conditions of this contract by reference;

3. Set forth a detailed statement of work and description of the data requirements to be provided;

4. Specify any GFE or GFI applicable to that order;

5. Set forth the Government's required delivery schedule and/or required completion date(s) and milestones, as applicable and the place of performance;

6. Reporting requirements and list of deliverables;

7. In the event travel is required in the performance of the work ordered, the locations at which such performance is necessary;

8. Set forth the place or places where inspection and acceptance will be made by the Government;

9. The date and time by which the response is due;

10. Any special instructions, conditions, notices, performance measures, etc., as applicable to the Task Order;

11. Set forth the applicable appropriation and accounting data;

12. Be signed by the Contracting Officer; and

13. Contain a travel itinerary if required.

B. The Contractor shall have the opportunity to develop a Task Order proposal. The Contractor shall be given 5-14 calendar days to prepare the response (the timeframe allowed for proposal preparation can vary from the aforementioned 5-14 days, due to urgency, simplicity, complexity, or other factors as determined by the Contracting Officer). In addition to the technical and/or management approach, the Contractor shall, for cost/price purposes, use: 1) the fixed labor rates for categories shown in Section B of the contract and any other direct other direct costs (ODCs) necessary to support the requirements of the Task Order (if the award is to be on a labor rates basis); and if the Task Order is issued on a firm-fixed price basis, the Contracting Officer may require only the total price for the Task Order or individual CLINs.

C. Under no circumstances shall an order or a modification to an order be issued if the delivery requirements extend beyond 120 days after the expiration of the initial contract or any option year.

D. Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum."

E. Except for any limitations on quantities in the Delivery Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

F. Any order issued during the effective period of this contract, and not completed within that period, shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided that the Contractor shall not be required to make any deliveries under this contract after 120 days after expiration of the initial contract year or any option year.

1.2 Minimum Amount Contract Guarantee.

A. The guaranteed minimum amount for this contract shall be $1,000, as met through the issuance of one or more task orders within the contract’s term;

B. The Government has no obligation to issue task orders to the Contractor beyond the amount specified in Section I (52.216-19 Order Limitations);

C. Once the conditions of said paragraph have been met, the Contractor will continue to have the opportunity to be issued task order(s) under the contract unless notified by the SEC’s Contracting Officer;

D. The funding for each task shall accompany the individual task order; and E. Given the provisions of paragraphs (a) through (c) of this clause, the Contractor and the Government agree that a binding contract is established at time of award and that consideration has been transferred between the parties.

1.3 Task Order Performance Reviews.

The Government will conduct task order performance reviews immediately following the completion of each task order issued under this contract. The COR or another designated Government representative will review the performance under the particular task order with the Contractor. The Government and the Contractor will discuss successes as well as any difficulties encountered during performance of the task order and present suggestions for improving the process used to deliver the required services. The topics discussed will include the work schedule, assistance by Government personnel, compliance with applicable authorities, and any other aspect which is appropriate considering the task order issued.

These reviews are designed to establish a mutually beneficial communication between the Government and the Contractor. The goal is to promote maximum performance of all future task orders. The Government shall document their findings regarding the Contractor’s performance under the task order.

1.5 Organizational Conflicts Of Interest (OCOI)

The Contractor warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances which could give rise to an Organizational Conflict of Interest (OCOI), as defined in FAR Subpart 9.5. The Contractor further warrants that it has disclosed all information to the Contracting Officer relevant to any actual, apparent or potential OCOI.

The Contractor agrees that if an actual, apparent, or potential OCOI is discovered after submission of its proposal, the Contractor shall make a full disclosure, in writing, to the Contracting Officer. This disclosure shall include a description of actions that the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual, apparent, or potential conflict.

If the SEC discovers an actual or potential conflict after the award, it may terminate this contract for convenience, in whole or in part. If the OCOI is discovered prior to the award and the SEC concludes, in its sole discretion, that the OCOI cannot be mitigated, there will not be an award made. If the Contractor did not disclose relevant information or misrepresented relevant information to the Contracting Officer, the SEC may terminate the contract for cause, debar the Contractor from SEC contracting, or pursue other remedies as may be permitted by law or by this contract.

In protecting the SEC’s integrity, the Contracting Officer is vested with the broadest possible discretion in determining whether an OCOI exists and what remedy is appropriate. For this contracting action, all that is required in finding such a conflict is some evidence that facts exist which could be alleged to constitute an actual or apparent conflict of interest. Accordingly, it is in each Contractor’s best interest to fully inform the Contracting Officer as early as possible to allow the Contracting Officer the maximum opportunity to find ways to mitigate or resolve such potential conflicts of interest.

1.6 Ordering

Ordering shall occur in accordance with FAR 16.505. This section provides further detail into the ordering process specific to this contract, including how orders will be solicited, processed, and awarded. This section also defines the role of the PMO Task Order Ombudsman.

1.6.1 Fair Opportunity

Fair Opportunity will be provided for all orders, unless one of the exceptions at FAR Part 16.505(b) applies. A J&A will be completed when one of the exceptions at FAR Part 16.505(b) applies. In addition, the SEC reserves the right to set aside orders to only small business firms or specific socioeconomic categories among IDIQ holders based on the urgency, simplicity, complexity, or other factors of the requirement as determined by the Contracting Officer.

The TO CO will solicit responses to potential offerors in accordance with this section, satisfying the requirement for Fair Opportunity to be considered.

1.6.2 Task Order Process

(a) The Contract User will submit a complete TO Request Package (TORP) to the TO CO or other individual specified by the Office of Acquisitions (OA). The package should include an approved purchase request, a requirements document (e.g. SOO, SOW, or a PWS), TO COR nomination (if applicable), and an Independent Government Cost Estimate (IGCE). Performance-based work statements must be used to the maximum extent practicable. Individual TORPs must clearly describe all requirements.

(b) The TO CO will issue a Task Order Request for Proposals (TO RFP) to all Contractors in accordance with Fair Opportunity Procedures. The TO RFP will include the information:

(1) TO Tracking Number;

(2) Date of Announcement;

(3) Statement of Objectives (SOO) or Statement of Work (SOW) or Performance Work Statement (PWS);

(4) Anticipated Contract Type;

(5) Incumbent Contractor, if any;

(6) Contracting POC Contact information (CO and Contract Specialist); and

(7) Proposal Due Date.

(i) Orders exceeding $5 million. For TO RFP orders exceeding $5 million, in accordance with FAR 16.505(b)(1)(iv), the Government will also disclose the significant evaluation factors and subfactors (including relative importance), including cost or price, and will provide an opportunity for a postaward debriefing in accordance with FAR 16.505(b)(6).

(c) Proposals. Responses will not be a proposal as defined in FAR Part 15, but only sufficient information to be considered in accordance with FAR Part 16. Proposals shall not merely restate SOO, SOW or PWS requirements. Proposals shall address, as a minimum:

(1) Technical/Management Approach;

(2) Key Personnel Proposed;

(3) Quantities/Hours of Personnel by Labor Categories;

(4) Other Direct Costs (ODCs) (materials and supplies, travel, training, etc.);

(5) Risks and Assumptions;

(6) Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI) required;

(7) Security (including clearance level);

(8) Teaming Arrangement (including subcontracting);

(9) Other Pertinent Data, (e.g., potential conflict of interest issues); and

(10) Price

If additional information is required, it will be requested at the TO RFP level.

(d) Pricing. When competing for TO awards under the Fair Opportunity process, the Contractor is permitted to propose labor rates that are lower than those originally proposed and established in this contract. The Contractor shall fully explain the basis for proposing lower rates. The proposed, reduced labor rates will not be subject to audit, however, the rates will be reviewed for realism to ensure the Government will not be placed at risk of nonperformance. The reduced labor rates will apply only to the respective task order and will not change the fixed rates in the contract. If additional labor categories not otherwise included in the contract are required to perform a task, a request for contract modification must be submitted to the Contracting Officer. This request must include information demonstrating the insufficiency of the Government’s Labor Category, a description of the proposed labor category including the education and experience levels, proposed labor rates and a cross reference to other contracts that include the proposed labor categories.

For FFP type TOs, the quantity of each item or labor category ordered will be multiplied against the rate listed in this schedule or as negotiated for the TO, and the cumulative extended total of all items ordered will define the fixed price for the TO. Travel and ODCs, if applicable, may be estimated for each TO, burdened with the markup and profit percentages specified in this schedule. Any total rate negotiated for travel and ODCs will be added to the extended price of all ordered items to arrive at the total fixed price for the TO. Progress payments of FFP type TOs may be negotiated based on the completion of milestones.

For T&M/LH type TOs, the quantity of hours ordered from each labor category will be specified as deliverable hours billable at the ceiling rates specified in this contract or as negotiated for the TO. Travel and ODCs will be estimated for each TO and burdened with the ODC markup percentage specified in this contract. Profit on travel and ODCs is not allowable.

The cumulative extended total of all labor categories ordered plus travel and ODCs will define the TO ceiling price. The government will not reimburse the Contractor for costs incurred beyond the ceiling price, for hours not delivered, for hours delivered but in excess of the quantities ordered for a particular labor category or for travel and ODCs exceeding the ordered amount. Labor dollars will not be used to pay for ODCs nor ODC dollars used to pay for labor without a contract modification.

(e) Evaluation of TO Proposals. In accordance with FAR 16.505(b)(1)(iv)(B), formal evaluation plans or scoring of quotes or offers are not required for TO proposals. The Government will pursue streamlined evaluation procedures to the maximum extent practicable. The Contracting Officer will identify one or more individuals from the Program Office to provide support in evaluation of TO proposals, in order to insure that sufficient expertise is present, while lending itself to an efficient procurement. The Program Office individuals will provide the Contracting Officer with input as needed, in order to assist the Contracting Officer in making an award decision. Subject to the complexity of the effort, lengthy write-ups or formal reports are not required, nor are they preferred. The Government’s award decision will be based, at a minimum, on selection criteria which addresses past performance, technical/management factors and price.

(f) Resolution of Issues. In the event issues pertaining to a proposed task cannot be resolved to the satisfaction of the TO CO, the TO CO reserves the right to withdraw and cancel the proposed task. In such event, the TO CO will notify the Contractor of the decision in writing. This decision is final and conclusive and shall not be subject to the “Disputes” clause or the “Contract Disputes Act.”

1.6.3 TO Protests

In accordance with FAR 16.505(a)(10), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an TO under this contract, except for:

(i) A protest on the grounds that the order improperly increases the scope, period, or maximum value of the contract; or (ii) 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 (GAO), in accordance with the procedures at FAR 33.104.

1.6.4 Task Order Ombudsman

(a) The TO Ombudsman responsibilities are to address Contractor concerns regarding compliance with the award procedures for task/delivery orders, review Contractor complaints on task/delivery order contracts, ensure all Contractors are afforded a fair opportunity to be considered for each task/delivery order, consistent with FAR 16.505(b), and when requested, maintain strict confidentiality of the Contractor requesting assistance. In accordance with FAR Part 16.505(b)(6), the TO Ombudsman for this contract is identified below:

(b) The Ombudsman shall not participate in the evaluation of proposals submitted on the basic contract, the source selection process on the basic contract, or the adjudication of formal contract disputes arising under the basic contract or any individual order issued under it.