W900KK20R0011_Attach_05_NCRC_EPOS_Ordering_Procedures.docx

NATIONAL CYBER RANGE COMPLEX (NCRC)

EVENT PLANNING, OPERATIONS, AND SUPPORT (EPOS)

Multiple Award/Indefinite Delivery Indefinite Quantity (MA/lDIQ)

ORDERING PROCEDURES

Army Contracting Command Orlando (ACC-ORL) Orlando, FL 32826

Version 1.0 (7 February, 2020)

Introduction

These NCRC EPOS Ordering Procedures provide information and tools needed to execute requirements within the unique operating environment of the NCRC EPOS and does not supersede applicable statutory and regulatory requirements. The NCRC EPOS Ordering Procedures distill the processes and procedures required by statutes and regulations, tailors the acquisition process to take advantage of inherent flexibilities, and offers the Users, an easy-to-follow roadmap to obtain Services. The NCRC EPOS Ordering Procedures and its associated appendices are intended to provide the general knowledge and tools necessary to successfully receive, refine, award and execute requirements under the NCRC EPOS Multiple Award (MA)/Indefinite Delivery Indefinite Quantity (IDIQ) (MA/IDIQ).

It is recommended that the NCRC EPOS Ordering Procedures be viewed electronically for ease of usage. The Task Order (TO) process is delineated in Phases 1-3 which are color-coded to better define the individual roles and responsibilities throughout the acquisition process. Hard copy versions of this document may obscure the color-coding, which is intended to facilitate understanding. If a hard copy version of the NCRC EPOS Ordering Procedures is utilized, it is imperative to ensure any document used from Attachment 1 is the most current version.

The NCRC EPOS conract vehicle is a Hybrid contract offering Cost-Plus-Fixed-Fee (CPFF), Cost, and Firm Fixed Price (FFP) Multiple Award (MA)/Indefinite Delivery Indefinite Quantity (IDIQ) award capabilities, with up to a ten-year Ordering Period, consisting of a five-year base ordering period and two option periods of two and three years respectively. NCRC EPOS will include two Lots with qualified Awardees: one (1) Full and Open Competition (Lot 1), and one (1) restricted for a Small Business Set-Aside (Lot 2).

Army Contracting Command-Orlando (ACC-ORL) is the contract owner for execution. NCRC EPOS Task Order requirements shall be executed by an ACC-ORL Procuring Contracting Officer (PCO).

The NCRC EPOS Ordering Procedures contain the information required to use this contract vehicle to obtain TO services within the scope of the NCRC EPOS base contract Performance Work Statement (PWS). These procedures also define the roles and responsibilities of the major parties involved in the contract from the initial requirements identification/definition processes through final TO award, execution and transition/closeout processes.

HOW TO USE NCRC EPOS ORDERING PROCEDURES

To enable simple, expeditious processing and timely capability to the requiring activity, the NCRC EPOS Ordering Procedures specifically focus on the processes and information necessary to use this MA/IDIQ vehicle, exercising the flexibility under Federal Acquisition Regulations (FAR) Part 16. The procedures contains three distinct TO development phases:

Phase I – Pre-Task Order Request Phase II – Task Order Request, Evaluation and Award Phase III – Post Award Management

Each Phase is outlined in the NCRC EPOS Ordering Procedures.

NCRC EPOS Ordering Procedures

1.0 General Information

1.1 Background:

In response to the President’s 2008 Comprehensive National Cyber Initiative (CNCI), the Defense Advanced Research Projects Agency (DARPA) developed the National Cyber Range (NCR) to provide capabilities to configure, automate, and rapidly construct large scale network environments supporting development, assessment, analysis, and training of cyber systems. DARPA invested over $110M in developing these unique capabilities.

Per DARPA’s charter as the United Stated Department of Defense (DoD) provider for advanced research and technology, once the developed technologies are demonstrated, they are transitioned from DARPA to other Government agencies for integration and application. The Deputy Secretary of Defense transferred responsibility for the management and execution of the NCR to the DoD Test Resource Management Center (TRMC) effective 1 October 2012. TRMC accepted the responsibility to: (1) Maintain and develop the NCR technology base to include current and future capabilities, (2) Maintain operational readiness, (3) Develop and integrate NCR technologies into the DoD cyber enterprise, and (4) Develop and implement NCR technologies based on operational requirements.

TRMC partnered with Program Executive Office for Simulation, Training and Instrumentation (PEO STRI), Project Manager for Cyber, Test and Training (PM CT2) to execute and manage the contract. As cyber-attacks become increasingly prevalent in both commercial and Government sectors, the DoD has made addressing these threats an agency-level priority. In accordance with DoD Directive 5101.1, DoD Executive Agent, September 3, 2002, and pursuant to title 10, U.S.C., section 392, the Deputy Secretary of Defense designated TRMC as the Executive Agent (EA) for Cyber Test Ranges, 8 March 2016.

Based on the aforementioned directive and designation, TRMC has developed and established NCRC vision and mission statements that the Integrated Product Team (IPT) uses to shape and guide the NCRC EPOS service acquisition:

NCRC Vision: Distributed Access to Persistent Cyber T&E, Training, and Mission Rehearsal.

NCRC Mission: Improve the resiliency of our warfighters in the cyber-contested battlespace by conducting testing, training, and mission rehearsal in operationally representative cyberspace environments.

1.2. Purpose:

To meet growing demand for cybersecurity Test & Evaluation (T&E) and Cyber Mission Force (CMF) training and certification, TRMC will utilize the NCRC EPOS program to increase cyber range capacity by creating an interconnected complex of NCRC facilities. These new cyber ranges will be located within Government-controlled facilities at the following locations: Orlando, FL; Charleston, SC; Patuxent River, MD; and Fort Walton Beach, FL. In the future, additional NCRC facilities may be established in order to meet emerging DoD requirements. At maturity, the NCRC will consist of an integrated and interoperable constellation of facilities designed to enable the planning and execution of very large-scale, complex, and distributed cybersecurity T&E and training events.

1.2.1 Applicability:

The NCRC EPOS Ordering Procedures are applicable to any U.S. DOD customers subsequent to TRMC and ACC-ORL coordination and direction.

1.3. Scope:

NCRC EPOS will serve as a strategic source for the DoD in the acquisition of Contiguous United States (CONUS) services relating to all works contained in the NCRC EPOS MA/IDIQ Performance Work Statement (PWS). Execution of tasks may be performed throughout CONUS and may include Alaska, Hawaii and US Territories and Districts. All tasks are expected to be non-contingency operations in non-austere environments The mission of the NCRC EPOS contract vehicle is to facilitate NCRC accomplishment of Cyber Training and Cyber Test Range responsibilities which include, but are not limited to:

“[To] develop, coordinate, and integrate plans to synchronize activities across the designated cyber test ranges and establish appropriate test infrastructure architectures and standards in order to provide a cohesive set of test and evaluation resources (e.g. facilities, capabilities, and workforce) needed to ensure that DoD has the capability to conduct experimentation, research and development, and test and evaluation in realistic, secure, and effective cyber-contested environments,” and

“[To] establish a federated set of cyber test range capabilities that are developed, funded, owned and operated by DoD Components. The DoD EA will have appropriate authorities and resourcing to partner with DoD Components to evolve existing capabilities to achieve this cohesive vision.”

“[To] Provide services and support in accordance with one or more of the services detailed in the “then current” PWS’ contained in the MA/IDIQ contract.”

1.4 Lot Determination:

Requesting Activities looking to utilize the NCRC EPOS MA/IDIQ contract must ensure their requirements are defined in such a way that the administrators of the NCRC EPOS contracts can make an informed decision regarding the appropriate lot for execution.

1.4.1. TO Lot determination shall be made by the NCRC EPOS PCO with cognizant Program Office based on the scope, magnitude, complexity, available competition, and environment.

LOT 1: Full and Open Lot - All work not expressly set-aside for small business:

Developmental Tests & Operational Tests (DT/OT) Event Planning and Execution Range Operations

LOT 2: Small Business Lot - Requirements comprised solely of work contained in one or more of the following sections Enterprise Information Technology Service Management (ITSM);

Enterprise Knowledge Management (KM);

Enterprise Security Technology Investigations and Prototyping

1.5 Contract Type(s):

1.5.1 The NCRC EPOS MA/IDIQ includes the ability to issue orders with a hybrid of contract types that may include FFP, CPFF, and Cost type line items when deemed appropriate. The Contracting Officer reserves the right to incorporate other contract types, if deemed appropriate, after contract award; associated determinations and approvals will be completed, if required.

1.5.2 The Federal Acquisition Streamlining Act (FASA) has established a "general" preference for multiple awards, and in doing so: Authorizes exemption from the public notice requirement when placing orders (FAR 5.202(a)(6)); Limits protests in connection with the issuance of orders except on the grounds that the order increases the scope, period, or maximum value of the contract (except for TOs which exceed the dollar threshold established in FAR 16.505(a)(10)); Mandates that multiple-award contract awardees have a “fair opportunity to be considered” for each TO, unless one of the exceptions cited at FAR 16.505(b)(2) applies (FAR 16.505(b)(1)(i)); Allows the Contracting Officer to use broad discretion in developing appropriate ordering placement methods, including the use of streamlined procedures, such as oral presentations (FAR 16.505(b)(2)(ii)).

1.5.3 Overall responsibility for administration of the NCRC EPOS contract rests with the PCO, while administration of the NCRC EPOS TOs resides with the cognizant Task Order Contracting Officer (TOCO), unless a situation arises which impacts the NCRC EPOS base contract. Some responsibilities may be delegated by the PCO or TOCO to an Administrative Contracting Officer (ACO).

1.5.4 The NCRC EPOS Ordering Procedures guidelines contained herein are in concert with the FAR Subpart 16.5

1.5.5 Appendices listed in Attachment 1 provide the templates and tools for each of the three Phases within the ordering procedures for a “Turn-Key" Task Order Request Package (TORP); 1) Fair Opportunity Notice (FON), 2) evaluation, award, and 3) post award management: making simplified procedures and documentation templates available to NCRC EPOS MA/IDIQ users, and Improving the efficiency of the ordering process.

1.6 Centralized MA/IDIQ Contracts:

The NCRC EPOS will utilize Centralized MA/IDIQ contracts awarded by ACC-ORL. The Ordering authority is not delegated outside of ACC-ORL. This centralized MA/IDIQ contract may be utilized by an outside organization through the Interagency Acquisitions procedures of the Federal Acquisition Regulation (FAR) 17.5 (for organizations outside DoD) or the Coordinated Acquisition Assignments procedures of Defense Federal Acquisition Regulation Supplement (DFARS) 208.70 (for organizations outside the Army); however strict criteria apply.

1.7 On/Off Ramps:

NCRC EPOS MA/IDIQ Contract includes a Rolling Admissions strategy that provides flexibility to competitively add additional contract holders to ensure access to the latest NCRC cyber T&E and training and information technology (IT) technological solutions and innovation, and promote competition throughout the 10-year ordering period.

1.8 Ordering Period/Period of Performance (POP) for Task Orders:

This MA/IDIQ contract provides a one five-year ordering period and two Ordering Periods, for two and three years respectively, for a total ordering period inclusive of exercised options of ten (10) years from the date of contract award.

The ordering period will be specified in this Ordering Clause DFARS 252.216-7006 at time of contract award. TOs must be solicited and awarded prior to the contract’s final ordering period expiration. TO option periods may be exercised subsequent to the expiration of the NCRC EPOS final ordering period, as long as the option exercised does not cause the order to exceed the twelve (12) month performance limitation after the NCRC EPOS final ordering period expiration date. The initial Period of Performance (POP) for each TO awarded under the base NCRC EPOS contract shall be specified at the individual TO level and not exceed twelve (12) months. Any additional PoP shall be executed as an Option subject to written authorization of the NCRC EPOS Procuring Contracting Officer.

ID/IQ Period of Performance

1.9. Program Ceiling:

The Not-to-Exceed (NTE) Ceiling Amount is $2,415,000,000.00. The maximum amount and contract value for all orders issued against this contract shall not exceed $2,415,000,000.00 during contract performance, base and option periods, without prior written approval from the Procuring Contracting Officer (PCO).

1.10 Fee for Use:

There will not be a fee required to use this contract.

1.11 Prime Contractors:

NCRC EPOS includes two Lots; one Full & Open (F&O) Lot (Lot 1), and one restricted for a Small Business Set-Aside (Lot 2).

Lot 1 awardees are:

Lot 2 awardees are:

* Lot 1 will include all tasks not specifically set aside under Lot 2. (see Section 1.4)

1.12 Protests:

If a protest is filed on an action over the threshold stated in FAR 16.505(a)(10)(i)(B), it may only be filed with the Government Accountability Office (GAO), in accordance with (IAW) procedures at FAR 33.104. The protest timeframe for GAO to resolve is 110 business days from the GAO file date. At this time, the contracting office will issue a stop work letter to stop all work on the Task Order until a decision has been made.

IAW FAR 16.505(a)(10), no protest under subpart 33.1 is authorized for the issuance or proposed issuance of an order under a TO contract except for, protest on the grounds that the order increases the scope, period or maximum value of the contract, or a protest of an order valued in excess of threshold established in FAR 16.505(a)(10)(i)(B).

The NCRC EPOS PCO shall be notified of any protest that has been received on a Task Order and also when the final disposition of the protest has been reached.

2.0 Roles and Responsibilities

The following describes the roles and responsibilities for matters regarding NCRC EPOS contract administration. Many requirements considered in scope of NCRC EPOS will be managed and administered by TRMC and ACC-ORL; however, there will be cases where Army or non-Army requirements may be managed by the Requesting Activity that own or sponsors them. This determination is driven primarily by the Requesting Activity’s level of support and competency associated with the development of procurement-related documentation and its ability to manage and coordinate the execution of the requirement from inception, through its performance under the NCRC EPOS. If the Requiring Activity does not possess the necessary support or acquisition-related acumen to take on this level of responsibility, it may, through formal written agreement, choose to relinquish this responsibility to TRMC. Requesting Activities who wish to relinquish this responsibility should be made aware that TRMC and ACC-ORL do not possess the in-house support or expertise to fulfill such programmatic functions, but may be in a position to procure this support through alternative means. Such options may be discussed with the ACC-ORL NCRC EPOS Base contract PCO, prior to the final determination that this vehicle is the right choice for your requirement.

2.1 NCRC EPOS Program Management Office (PMO)

Unless programmatic responsibilities are to be fulfilled by the customer, the NCRC EPOS PMO assumes the following responsibilities:

· Ensuring that customers are aware of their responsibilities and of the scope of the NCRC EPOS contract;

· Addressing and satisfying the needs of requiring activity as they arise in the process;

· Maintaining a level of program integrity that prevents or mitigates contractual or programmatic problems;

· Soliciting feedback and providing continuous process improvement; and

· Promoting guidance and providing assistance to customers who use the NCRC EPOS.

The NCRC EPOS PMO is available, upon formal request, to work directly with customers and NCRC EPOS Awardees, via ACC-ORL, throughout the TO process, and to provide assistance, support, and overall NCRC EPOS TO contract management. As such, the NCRC EPOS PMO may be guided by directives from other organizations, and subsequently, may be required to develop, employ and promulgate procedures and templates that support these directives.

2.2 Requesting Activity

Ultimate responsibility for defining the general requirement and its intended outcome(s) (this is different from measurable performance objectives) shall always reside with the Requesting Activity, unless otherwise directed, in writing, to the supporting organization (i.e., ACC-ORL or TRMC). The Requesting Activity (or component) is expected to provide the following content for the preparation of the TORP and/or FON unless an agreement has been reached with either TRMC or ACC-ORL to provide management or support to the program and to assume this role on behalf of the Requesting Activity (or component). It should be noted that the TORP will include internal government documents which must not be released to the NCRC EPOS Awardees. Phase I provides the detailed TORP Procedures for acquiring services via the NCRC EPOS contract. The TORP shall contain, at a minimum, the following:

· Performance Work Statement (PWS);

· Quality Assurance Surveillance Plan (QASP);

· Independent Government Estimate (IGE);

· Verification of Funding Documentation;

· Request for Service Contract Approval (RSCA) ;

· Contract Data Requirement Lists (CDRLs);

· Government Furnished Property/Government Furnished Equipment (GFP/GFE) (if applicable);

· Anti-Terrorism/Operational Security (AT/OPSEC) Review;

· Contracting Officer Representative (COR) Nomination

· Market Research

· DD2579

· Scope Determination

· DD254 (if applicable)

· Task FOR Evaluation Criteria

It is the responsibility of the requiring activity to obtain the necessary approvals (e.g. funds certification, requirements validation, COR nomination) prior to submitting the TORP to the TOCO. Additionally, personal services shall not be ordered under NCRC EPOS, and it is the responsibility of the requiring activity to ensure that they are not included in any NCRC EPOS requirements.

2.3 NCRC EPOS Procuring Contracting Officer (PCO)

The NCRC EPOS PCO has the overall responsibility for the administration of the NCRC EPOS contract. The NCRC EPOS PCO, without right of delegation, is the only individual authorized to take actions on behalf of the Government to amend, modify, or deviate from the base contract terms, conditions, requirements, details and/or delivery schedules. However, within that PCO authority is the ability to delegate to an ACO for the administration, management and oversight of the Task Orders.

The NCRC EPOS PCO is responsible for the overall administration and final closeout of the contracts, and when necessary, shall:

· Provide scope oversight;

· Serve as liaison between the Awardees and customers;

· Assist in expediting orders;

· Ensure compliance with base contract-level requirements and coordinate with TOCOs to ensure TO level requirements are executed;

· Issue the PCO’s final decision and handle all contract-level contractual disputes under the Contract Disputes Act;

· Issue all modifications against the base contract;

· Appoint a base COR IAW Army Regulation (AR) AR 70-13 and ACC Pamphlet 70-1;

· Make changes to NCRC EPOS Ordering Procedures;

· Review and Approve requests for Defense Priorities & Allocation System (DPAS);

· Maintain a list of DPAs;

· User’s training for NCRC EPOS MA/IDIQ in coordination with ACC ORL PCO;

· Monitor NCRC EPOS MA/IDIQ ceiling and collect metrics The NCRC EPOS PCO is also responsible for receiving, monitoring and reporting all TO awards and all “fair opportunity” exceptions (as required).

2.4 Task Order Contracting Officer (TOCO)

Services will be awarded via TOs issued by NCRC EPOS TOCOs residing within ACC-ORL. All orders will be issued in accordance with the procedures set forth herein and all applicable statutes and regulations. ACC-ORL TOCOs are authorized to appoint CORs, via the COR Appointment Letter (in the Procurement Integrated Enterprise Environment Joint Appointment Module). An ACC-ORL TOCO has the authority to order against the NCRC EPOS MA/IDIQ and is responsible for the following:

· Serving as the contracting focal point for the coordination and awarding of TOs for NCRC EPOS customers;

· Ensuring TO requirements, or modifications to existing TO requirements, are within the NCRC EPOS contract scope;

· Approving or withholding payment, or authorizing partial payment of invoices;

· Ensuring that appropriate documents have been obtained prior to issuance of TORPs;

· Ensuring Contractor Manpower Reporting (CMR) requirement is part of the TORP and that the requirements are included in the PWSs of the resultant TOs as required;

· Coordinating DD 2579 through the Small Business Administration (SBA) Local Procurement Center Representative (SBA PCR);

· Complying with the fair opportunity for consideration requirements and competing all TOs among Awardees within the appropriate NCRC EPOS Lot(s);

· Using streamlined ordering procedures and minimizing contractor submission requirements wherever practicable to maximize efficiencies;

· Determining proper TO evaluation methodologies, evaluation factors/subfactors and establishing weighting criteria among the factors, in line with customer requirements;

· Ensuring that QASPs and appropriate metrics are provided by the requiring activities prior to issuing TORP(s);

· Coordinating FONs with the ACC-ORL Senior Contracting Officer (SCO), at the appropriate threshold, and obtaining approvals prior to execution (as required);

· Ensuring that TO timelines are IAW established milestone procedures and that sufficient time is provided between release of FONs and Task Order (TOS) Submissions (TOS) and are commensurate with the complexity of the requirements;

· Receiving TOS convening evaluation boards; conducting negotiations; writing TO Decision Documents (TODD);

· Appointing CORs IAW AR 70-13 and ACC Pamphlet 70-1;

· Identifying TO specific COR requirements in COR Appointment Letters;

· Awarding TOs;

· When applicable, notifying unsuccessful offerors and debriefing offerors;

· Ensuring TO is registered in Contractor Performance Assessment Reporting System (CPARS) IAW FAR 42.1502 established threshold;

· Issuing Contractor Performance Assessment Report (CPAR) Review and Approval, if required;

· Ensuring that reporting under the eSRS is loaded on the prescribed websites IAW the terms of the basic contract and TO;

· Submitting a quarterly report to NCRC EPOS PCO regarding contractor performance and ceiling usage; and

· Executing TO close out.

2.5 Contract Specialist – Task Order Level

Contract Specialist responsibilities include:

· Ensuring that TOs are within the scope of the contract (i.e., that the North American Industry Classification System (NAICS) code(s) for the requirement(s) are the same as the NAICS code(s) set for NCRC EPOS.

· Developing/Issuing FONs, ensuring technical evaluations are complete and evaluating cost/price proposals (if assigned);

· Overseeing the TO procurement and post-award management processes;

· Ensuring the administration and final closeout of TOs;

· Providing CPARS input to TO CORs/requiring activity;

· Adhering to the terms and conditions of the NCRC EPOS contract, FAR, and other applicable laws, regulations and guidelines (including the Service Contract Act and any applicable wage determinations);

· Providing a copy of the TO COR appointment letter to the TO COR and contractor;

· Forwarding TO award documentation, and TO modification documentation to the Army NCRC EPOS PMO and NCRC EPOS PCO; and

· Drafting and maintaining TO level correspondence and contractual documentation.

2.6 Contracting Officer’s Representative (COR)

Best practice is to have different CORs for the MA/IDIQ and the TOs. Roles and responsibilities shall be tailored to the contract-level NCRC EPOS COR or the TO COR, and may differ, e.g. NCRC EPOS COR will likely not be required to do daily surveillance of Contractor performance nor review invoices in comparison to actual performance accomplished. Also, deliverables for the MA/IDIQ vs. the TO may be different, and each COR would review the applicable MA/IDIQ or TO documents. The COR Designation Letter shall detail COR responsibilities.

A COR shall be appointed prior to the award. The appointment letter shall designate a detailed description of COR responsibilities. The appointment letter will include a description of the requirement, instructions for maintaining COR qualifications, and roles and responsibilities such as:

2.6.1 COR at MA/IDIQ Level

The MA/IDIQ COR responsibilities include, but are not limited to:

Assisting the NCRC EPOS PMO/PCO in developing the TORP (PWS, QASP, TO specific clauses, etc.) and providing NCRC EPOS PCO contractor performance information and supporting documentation, to assist in the base contract option award determination. The CORs will be responsible for the day-to-day coordination of their assigned TO.

2.6.2 COR at Task Order Level

TOCOs shall appoint CORs for individual TOs prior to award. CORs are mandatory for services at the dollar threshold established in AR 70-13 and optional for Services under that threshold. The CORs will be responsible for the day-to-day coordination of their assigned TO. It is the TOCO’s responsibility to confirm that the designated individual is a trained, certified COR. A copy of the letter of designation, identifying specific duties and responsibilities will be provided to the contractor. Delegations should require CORs to ensure that contractor performance is properly documented. The CORs shall use the measures and standards set forth in the TO PWS and QASP to assess performance, thereby ensuring the quality of services required by the TO is met.

The TO COR responsibilities include, but are not limited to:

· Providing day-to-day surveillance of Contractor performance;

· Representing the TOCO in the administration of technical details within the scope of the TO; this does not give the COR authority to direct contractors from a technical nature.

· Ensuring final inspection and acceptance of all TO deliverables and reports, and such other responsibilities as may be specified in the TO;

· Ensuring that reporting under the Contractor Management Reporting System (CMRS) is loaded on the prescribed websites IAW the terms of the basic contract and TO;

· Reviewing invoices in comparison to actual performance accomplished;

· Interfacing with Contractor personnel; and

· Preparing CPAR annually (IAW dollar threshold established in FAR 42.1502), if designated as Assessing Official or Assessing Official’s Representative.

The COR is not authorized to make any representations or commitments of any kind on behalf of the TOCO or the Government. The COR does not have authority to alter the contractor’s obligations or to change the TO requirements, pricing, terms or conditions. If, as a result of technical discussion(s), it is desirable to modify TO requirements or the specification, changes will be issued in writing and signed by the TOCO.

2.7 NCRC EPOS Task Order Ombudsman

The NCRC EPOS Task Order Ombudsman is responsible for reviewing complaints from Awardees and ensuring that the applicable NCRC EPOS prime contract holders are afforded a fair opportunity to be considered, consistent with the procedures in the contract. Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution.

NCRC EPOS Task Order Ombudsman Mrs. Lesley A. Sullivan U.S. Army Contracting Command – Orlando 12211 Science Drive Orlando, FL 32826-3224 Ofc: (407) 384-5432, DSN: 970-5432 Cell: (321) 230-4517 Fax: (407) 208-3456 Email: Lesley.A.Sullivan8.civ@mail.mil

3.0 NCRC EPOS Ordering Procedures Task Order Process Flow

This section describes the necessary steps required to enter and exit each of the three phases: Phase I - beginning from receipt of requirement/pre-FON, Phase II - the Evaluation and Award of FON, and Phase III - Post Award.

3.1 PHASE I Pre-Task Order Request Package (TORP)

Detailed NCRC EPOS Task Order Pre-TORP Instructions:

I. Phase I Paths.

The NCRC EPOS Ordering Procedures is divided into three paths. Path I begins with the recognition of a requirement to be fulfilled, and ends with a Task Order Requirements Package being submitted. Phase II takes that TORP and turns it into an actual Task Order award. Phase III manages the TO through the life cycle

II. FAR 16 Exceptions.

Under the auspices of FAR 16, the following are NOT REQUIRED in Phase I:

Determination and Findings (D&F) for a Single Award over $112M Source Selection Advisory Council (SSAC) Service Acquisition Workshop (SAW) Service Acquisition Strategy/Plan Source Selection Plan

PHASE I

3.1.1 Process Instructions for Phase I

3.1.1.1 – Initial Contact: The Customer provides TRMC and ACC-ORL the proposed requirement.

The Customer provides the TRMC and ACC-ORL the requirement or request for support for the proposed NCRC EPOS Task Order (TO). The requirement may be in the format of a Memorandum or an email.

Document Output: There is no document output associated with this step.

3.1.1.2 – NCRC EPOS Questionnaire: TRMC (in coordination with ACC-ORL, if necessary) facilitate the completion of the NCRC EPOS Questionnaire to further define the requirement and applicability for NCRC EPOS.

a) Since initial contact has been made in section 3.1.3.1, the Project Director (PD)or Program Manager (PM) will provide the NCRC EPOS Questionnaire. The Customer completes the NCRC EPOS Questionnaire (Appendix 1A) and forwards it to the TRMC PD/PM within five business days. An NCRC EPOS TRMC Representative may be contacted for questions regarding the form.

b) The Questionnaire will assist in the determination of the following key areas:

i. Scope (Requirement)

ii. Supportability needs

iii. Period of Performance (PoP)

iv. Funding

v. Questions/Clarifications

vi. Critical Performance Objectives

vii. COR support for oversight and surveillance

viii. Customer support of the Source Selection Evaluation

c) Based on the Questionnaire and related discussions, a Go/No-Go Determination will be made by TRMC, in coordination with the ACC-ORL NCRC EPOS Procuring Contracting Officer (PCO), as to whether the requirement is a valid NCRC EPOS requirement and will be pursued under the NCRC EPOS. The Customer will be notified accordingly.

d) If the Customer request for support is received by ACC-ORL, the following procedure shall be followed:

i. The NCRC EPOS PCO provides the NCRC EPOS Questionnaire to the Customer.

ii. If the Customer provides Questionnaire responses indicating they possess the program, technical and financial management resources to support the requirements, ACC-ORL will make the Go/No-Go Determination of the requirement.

iii. If the Customer provides Questionnaire responses indicating they do not possess the program, technical and financial management resources to support the requirements, ACC-ORL will coordinate with TRMC and/or PEO STRI to determine if TRMC and/or PEO STRI has the necessary resources to support the effort. Based on that coordination with TRMC and/or PEO STRI, ACC-ORL will provide the Go/No-Go determination to the requesting Customer.

Document Output: Completed NCRC EPOS Questionnaire

3.1.1.3 – Lot Determination: The NCRC EPOS PCO will determine the proper Lot (Full and Open(Lot 1) or Small Business Set-Aside (Lot 2)) based on requirement.

The NCRC EPOS PCO, in coordination with the TOCO, will make a Lot determination based on the scope and environment as depicted in the figure below.

*Note: The DD 2579 should be routed once the Lot determination is made.

Document Output: Completed/approved DD 2579 and Scope Determination.

3.1.1.4 – Receipt of Requirements: Customer submits requirements documentation and acquisition IPT is notified.

a) The customer submits the requirement in the form of an email and any supporting documentation to TRMC/NCRC EPOS PMO. The requirement will typically include a Task Order specific PWS and key supporting documents. These documents may or may not include Bills of Materials (as required), Cost estimates, & Quality Assurance Surveillance Plans (QASPs). The receiver acknowledges receipt and provides any questions and/or feedback to the requiring activity.

b) The receiver notifies TRMC or PM CT2, designated ACC-ORL TOCO/Contract Specialist and the TRMC or PM CT2 supporting Program Analyst.

Document Output: There is no document output associated with this step.

3.1.1.5 Funding Approved & Available for TO: Customer will provide funding to the Budget Analyst (BA) or Program Analyst (PA) for TO obligation.

a) The Customer provides financial documentation and funding to PM CT2 Finance Office (i.e. MIPR)

b) PM CT2 BA or PA provides validation of funding availability, to include Work Breakdown Structure (WBS), to the PEO STRI and/or TRMC PD/PM and ACC-ORL TOCO, indicating funds have been deposited and are available for obligation.

c) The validation of funding availability from the BA/PA will be included in the Task Order Request Package (TORP) documentation.

Document Output: Validation of Funding from BA/PA (variable format)

3.1.1.6 Notify Industry of Requirement & Receive Intent to Respond (ITR): ACC-ORL will notify the applicable Lot of impending work and acquire Industry’s ITR on requirement in TORP.

a) Once the formal Integrated Product Team is established, the information provided in the questionnaire will be distributed in the form of a Synopsis of Intent (SOI) to the NCRC EPOS Awardees, by the Contract Specialist. This SOI will be disseminated to the entire NCRC EPOS Awardee pool identifying the Government’s pending intent to solicit the requirement, as well as the Lot it will be solicited under. This will afford early proposal preparation, open dialogue with the Government on questions and possible approaches, potential subcontracting opportunities and cross teaming amongst Primes within the different Lots to increase the potential for capable solutions received by the Government.

b) At a minimum, the SOI shall include a clear description of the services to be performed, including location, the PoP, key performance parameters and special requirements related to the effort. The SOI shall include the request that NCRC EPOS Primes submit an Intent to Respond (ITR) on the pending FON. An email to the TOCO and Contract Specialist shall serve as notification of intent.

c) Distribution of the SOI should greatly assist in reducing the need for discussions once the formal FON has been released and should help facilitate quicker TO submission turnaround by the applicable Primes.

d) SOI: The primary purpose of the SOI is to open up early communication with the NCRC EPOS Primes in the hopes that any questions, concerns or recommendations regarding the pending requirement can be addressed. The SOI distributed shall include Government Point of Contact information for the NCRC EPOS Awardees to provide questions/comments. Government responses to these questions/comments should be disseminated to all NCRC EPOS Awardees, via email. This will ensure all Awardees are in receipt of the same information.

Document Output: SOI

3.1.1.7 Develop TORP: Once (full or initial) funding has arrived, either the Requiring Activity or PEO STRI, in coordination with ACC-Orlando, will begin developing the TORP.

a) During this phase of the process, the Requiring Activity will complete all necessary documentation for the TORP. The TORP should be completed within 10 working days of PM CT2 receipt of funding, evidenced by validation of funding.

b) During this phase of the process the PM/PD will start or continue the development of the TORP documentation. At a minimum, the TORP shall include:

i. TO PWS (Appendix 1C)

ii. QASP (Appendix 1D)

iii. IGE (Appendix 1F)

iv. RSCA (Appendix 1H)

v. DD Form 2579 Small Business Coordination Record,

vi. Additional CDRL Requirements, if applicable (Appendix 1I)

vii. AT/OPSEC Review Cover Sheet (Appendix 1O)

viii. Validation of Funding Availability, to include WBS, from PA/BA (format varies)

ix. Evaluation criteria

x. Detailed rationale identifying the basis for using an exception to fair opportunity (Appendix 1M)

xi. Specific regional/geographic or operational conditions/restrictions, security requirements and documentation (e.g. DD 254 Appendix 1J )

c) The PM/PD, in coordination with the ACC-ORL Contract Specialist, will also identify if any additional Market Research, a Computer Hardware, Enterprise Software and Solutions (CHESS) Waiver, a revised DD254 or a Government Furnished Property (GFP) Smart Form are necessary. Templates to utilize in support of TORP development are provided in Attachment 1, Phase 1.

d) The NCRC EPOS TO PWS template (provided as Appendix 1C) mirrors the Base PWS by paragraph number for population of TO task specific additions to the base contract approved language. Paragraphs may be marked in “Reserve” as options for future use, or reference “per” the base, to prevent unnecessary duplication with the base contract PWS. The TO PWS should include performance based metrics to the greatest extent possible to ensure the required performance quality levels are achieved. Metrics at the TO level should be quantifiable and measurable.

e) The NCRC EPOS TO QASP template (Appendix 1D) includes pre-filled criteria that directly correlates to the scope of the base NCRC EPOS. The QASP template can be tailored to requirement-specific performance measurements.

f) The NCRC EPOS IGE template (Appendix 1F) accommodates NCRC EPOS PWS and scope work estimates to ensure a complete and accurate assessment.

g) The RSCA shall be provided for all Army funded only TO efforts, as required per AFARS 5107.503 (Appendix 1H).

h) The Market Research requirement is satisfied at the base contract level. IAW FAR 10.002, accurate and relevant market research conducted within 18 months prior to the award of any TO may be used to satisfy market research requirements. Market Research will be conducted annually on the NCRC EPOS base contract, prior to each option year exercise, and will fulfill the 18 month time threshold.

i) The NCRC EPOS base contract contains CDRLs that are expected to facilitate TO deliverables (Appendix 1I). These CDRLs may be tailored or modified, to include augmenting with additional requirements/CDRLs, as necessary, based on individual nuances of the TO.

j) Some documentation required for the TORP may require ACC-ORL assistance to complete (e.g. DD 2579). Early document coordination with the ACC-ORL TOCO/Contract Specialist.

k) The PM/PD should complete all documentation necessary for the TORP and submit the completed package to the assigned ACC-ORL Contract Specialist.

l) Competition in Contracting Act (CICA) Bundling and Contract Consolidation. Discuss potential for CICA bundling issues that may arise at the TO level. The TOCO should pay close attention as requirements are defined and carefully consider a CICA bundling risk. If a requirement is bundled, an analysis shall be completed following the DOD Benefit Analysis Guidebook located at: www.acq.osd.mil/osbp/docs/benefits_analysis_guidebook.pdf.

See AFARS 5107.170-3 for policy and procedures regarding the consolidation of requirements. A Consolidation/Bundling Determination template is provided as Appendix 1P).

Note: Manpower resourcing for the source selection team, which will be formally established in Phase II, should be initiated prior to completion of the TORP. Adequate time must be provided to manage existing workloads and for the coordination of external (customer) support needs (i.e., travel, lodging, etc.) during evaluations.

Document Output: Final TORP for submission to Contract Specialist.

3.1.1.8 Determine Contract Type & Approve TORP: ACC-ORL TOCO determines the contract type (FFP, Cost, etc.) and TORP is approved.

a) Determination of Contract Type: Based on the TORP and any prior contract type assigned (if previously supported) the Contract type for the TO will be determined by the TOCO.

b) TO Types: The NCRC EPOS MA/IDIQ will include the ability to issue orders with a hybrid of contract types that may include Firm-Fixed-Price (FFP), CPFF, and Cost type line items when deemed appropriate. The Contracting Officer reserves the right to incorporate other contract types, if deemed appropriate, after contract award; associated determinations and approvals will be completed, if required.

c) The TOCO may utilize a mix of these aforementioned contract types at the order level to maximize successful execution of the order requirements.

d) TOCO reviews final TORP and coordinates any necessary corrections. Once any corrections have been satisfied, the TOCO will approve TORPs valued under $1M and the Division Chief will approve all TORPs valued at $1M or above. Approval of the TORP, and acceptance into Procurement Administration Lead Time (PALT) system, by the TOCO/Division Chief marks the completion of Phase I and entry into Phase II of the NCRC EPOS TO process.

Document Output: Approved TORP

The TOR, Response preparation, evaluation and award process are described in the Phase II instructions that follow.

3.2 PHASE II Fair Opportunity Notice (FON), Evaluation and Award

Phase II begins with acceptance of an approved TORP in Phase I and available funding:

I. TORP.

TRMC submits the requirements to the ACC-ORL and provides TORP documents, e.g. IGE; Funding Document/Letter of Acceptance (LOA); PWS, Evaluation Criteria, QASP; and COR nomination IAW Army Regulation (AR 70-13). The TORP is comprised of these documents, and is developed and approved in Phase I. With this information, the FON can be created.

II. Source Selection Training. Source Selection Training will be provided to the NCRC EPOS PMO and IPT annually and will encompass both Phase I and Phase II of the training in one day or less. The NCRC EPOS PCO/Contract Specialist will coordinate this annual training. The TOCO may request additional training from the ACC-ORL S3COE team, as deemed necessary.

For local Orlando new source selection participants who have not received the annual training, the TOCO/Contract Specialist shall coordinate with the S3COE team to provide deskside training. Training will be provided to external customers via virtual teleconferencing (VTC).

III. Fair Opportunity Considerations.

IAW Federal Acquisition Regulation (FAR) 16.505(b) Ordering, the PCO must provide each MA/IDIQ Contractor a fair opportunity to be considered for each TO unless a specific exception (outlined in paragraph IV below) applies. The following is a general outline of the regulatory requirements when determining the most appropriate fair opportunity ordering procedure for your requirement:

Below the Micropurchase Threshold: No competition is required; TOCO may place order with appropriate IDIQ Prime in applicable Lot.

Between Micropurchase Threshold and Simplified Acquisition Threshold (SAT): TOCO need not notify every IDIQ Prime in the applicable Lot before placing an order, provided that information was available to all applicable IDIQ Primes to ensure fair opportunity was considered.

Above the SAT up to $5.5M: Competitive process is mandated. All IDIQ Primes in the applicable Lot must be given notice of the Government’s intent to make a purchase along with a clear description of the requirement, affording all Primes responding to the Request for Intent to Respond (ITR) notice fair consideration for TO award (unless an exception per FAR 16.505(b)(2)(i) is utilized).

Exceeding $5.5M: Competitive process is mandated (unless an exception per FAR 16.505(b)(2)(i) is utilized). Fair opportunity must include at a minimum: 1) Notice to each IDIQ Prime in the applicable Lot with a clear description of the requirements; 2) Reasonable response time and; 3) Disclosure of the evaluation Factors, relative order of importance and basis for award selection. The opportunity for a post award debrief must be provided, in accordance with paragraph FAR 16.505(b)(6).

IV. Exception to Fair Opportunity.

Pursuant to FAR 16.505(b)(1)(iii), Orders Under Multiple Award Contracts, each order exceeding the SAT shall be placed on a competitive basis IAW paragraph FAR 16.505(b)(1)(iii)(B), unless this requirement is waived on the basis of a justification that is prepared and approved IAW FAR 16.505(b)(2) and includes a written determination that one of the circumstances described at FAR 16.505(b)(2)(i)(A) through (E) applies to the order.

The fair opportunity exceptions are as follows:

a. FAR 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

b. FAR 16.505(b)(2)(i)(B) – Only One awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

c. FAR 16.505(b)(2)(i)(C) – 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.

d. FAR 16.505(b)(2)(i)(D) – It is necessary to place an order to satisfy a minimum guarantee.

e. FAR 16.505(b)(2)(i)(E) – For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source. (e.g. In the case of a Foreign Military Sales (FMS) source-directed effort, under 41 U.S.C. 3304(a)(4)).

Follow the procedures at Procedures Guidance Information (PGI) 216.505-70 if FAR 16.505(b)(2)(i)(B) or (C) is deemed to apply.

V. Ordering Under FAR 16.

IAW FAR 16.505(b)(1)(ii), the TOCO may exercise discretion in developing the most appropriate order placement procedures. Order placement procedures shall be in accordance with the procedures set forth in the NCRC EPOS contract and applicable procurement laws and regulations. The TOCO should also take into account the scope (e.g., nature, value, duration of performance, and the extent of existing information (e.g., past performance information, existing quality control plans, etc.) and complexity (e.g., location(s), multiple site coordination, multiple base PWS requirements, etc.) of the requirement when determining the order placement approach, submission requirements and response time. While streamlined methods can be used to competitively procure requirements under the NCRC EPOS, sufficient documentation shall be developed and maintained to clearly support the evaluation and award decision.

3.2.1 ACC-ORL leads effort to develop Submission Evaluation Plan (SEP).

a) Formal Source Selection Plans are not required; however, a Submission Evaluation Plan (SEP) should be developed to document goals of the acquisition, discuss evaluation methodology, outline the evaluation criteria and instructions to Offerors, and to identify the evaluation team. (Refer to Attachment 1, Appendix 2B for SEP template.) The SEP can be constructed in parallel with the FON.

b) Develop Evaluation Criteria and Instructions to Offerors:

i. The evaluation criteria used to assess submissions consists of the factors/sub-factors that reflect the areas of importance to the customer and agency to aid in the selection decision. Through these factors, the Government is able to assess the similarities/differences and strengths/weaknesses of submitted proposals and use that assessment to ensure a resolute source selection decision.

ii. Evaluation criteria should indicate areas necessary to determine the merit of a submission, relevant to the Government’s stated requirements, and be measurable to allow for quantitative and qualitative assessment against the rating plan.

iii. IAW the FAR 15.3 Source…