Attachment_2,_Ordering_Guide_7_31_18_DRAFT_RFP.pdf

Fires Center of Excellence (FCoE)

Training and Support Services

Multiple Award

Indefinite Delivery/Indefinite Quantity Contract

Ordering Guide

Implemented by:

Mission and Installation Contracting Command (MICC)

Fort Sill, Oklahoma

Document Version Dated 8 February 2019

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Attachment 2, Ordering Guide

FCoE MAIDIQ Ordering Guide

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TABLE OF CONTENTS

SUMMARY OF CHANGES – As of [date]

CHAPTER 1 – GENERAL INFORMATION

I. Overview

II. Purpose

III. Applicability

IV. Scope

V. Ordering Period

VI. On/Off Ramps

VII. Period of Performance (POP) for Task Orders(TOs)

VIII. Program Ceiling

IX. Prime Contractors

X. Protests

CHAPTER 2 – ROLES AND RESPONSIBILITIES

I. Contracting Officer (KO)

II. Contracting Officer's Representative (COR)……..…………………………….…………

III. MA IDIQ Contractors

IV. Task and Delivery Order Ombudsman

CHAPTER 3 – REQUIREMENTS PROCESS

I. Acquisition Planning

II. Competition in Contracting Act (CICA) Bundling and Contract Consolidation

III. Socio-Economic Goals and Small Business Participation

IV. North American Industry Classification System (NAICS) Selection

V. Product and Service Codes (PSC)

CHAPTER 4 – PLACING TOs/DOs

I. Performance Work Statement (PWS)

II. Funding

III. Metrics

IV. TO Types

V. Contract Line Item Number (CLIN) Structure

VI. Fair Opportunity

VII. Ordering Procedures

VIII. Task Order Request (TOR)

IX. Order Placement Procedures

X. Teaming Arrangement & Changes in Contractor Team Members

XI. Ordering Limitations

XII. Past Performance

XIII. Relevant Technical Experience

XIV. TO Pricing

XV. Task Order Proposal Evaluation and Documentation

CHAPTER 5 – ADDITIONAL TOR CONSIDERATIONS

I. Contract Manpower Reporting

II. Organizational Conflict of Interest (OCI) at TO Level

III. Addition of Clauses at TO Level

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IV. Government Property

V. Security Requirements

VI. Other Direct Costs

VII. Travel

CHAPTER 6, TO PROCESS

I. TOR Preparation

II. TO Proposal Evaluation

III. TOR Award and Administration

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SUMMARY OF CHANGES

FCoE MAIDIQ Ordering Guide changes will be issued by the date of the most current change.

Change dates will be identified in the lower left corner of each page of the Ordering Guide, and the most current changes will be highlighted in red text throughout the Ordering Guide for easy identification.

Item Change Chapter Section Date

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CHAPTER 1 –

GENERAL INFORMATION

I. Overview. The mission of the United States Army Fires Center of Excellence (USAFCoE) at

Fort Sill, Oklahoma, is to provide the U.S. Army Training and Doctrine Command (TRADOC) with long-range training strategies, concepts, doctrine, training development, instruction and products and support products for current and future forces. FCoE’s function is to serve as the user representative in the development of training methodologies and products, concepts, doctrine, organizational and materiel requirements for each functional area. The FCoE accomplishes this mission through the full spectrum of training services; exploitation of existing and emerging technologies and requirements (example: incorporating training for

Terminal High Altitude Area Defense (THAAD) system and the forthcoming, Integrated Air and Missile Defense Battle Command System (IBCS)), models and simulations; studies and analyses; experiments; exercises; training and doctrine development, and supplemental/supporting tasks.

The contract is structured for maximum flexibility in providing for an expedited ordering process in order to satisfy customer needs. The total ceiling value of this five-year program is

$247 million (M). Awards will be Firm-Fixed price with reimbursable Other Direct Costs

(ODCs) and travel contract line items. Performance will primarily be located within the contiguous United States (CONUS) but may include some locations outside continental United

States (OCONUS).

II. Purpose. This Ordering Guide establishes procedures for ordering against the FCoE

Multiple Award Indefinite Delivery Indefinite Quantity (MAIDIQ) contract. It explains contract terms, conditions, requirements, ceiling, ordering period, ordering procedures, competition thresholds, and other necessary information.

III. Applicability. This Ordering Guide & the FCoE MAIDIQ contract is applicable only for the Mission and Installation Contracting Command (MICC) – Fort Sill to issue task orders in support of the FCoE.

IV. Scope. The following list summarizes the FCoE task areas, which are fully defined in the

MAIDIQ Performance Work Statement (PWS) located at award Attachment 1:

V. Ordering Period. This MAIDIQ contract provides for a 5-year ordering period, 8 February

2019 – 7 February 2024.

1. Concepts and Capabilities Support 8. Experimentation and war-gaming

2. Training Development Support 9. Studies and Analysis Support

3. Doctrine Development Support 10. Models and Simulations (M&S) Support

4. Organizational Development Support 11. Science and Technology

5. Instructor and Training Development and Support 12. Material Requirements Support

6. Test and Evaluation Support 13. Operational Environment Support

7. Information Technology Support

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VI. On/Off Ramps. The Government reserves the right to implement On and/or Off Ramp procedures as described below.

On Ramp Procedures. The Government reserves the right to announce a new competition for the purpose of adding FCoE MAIDIQ contract holders. The Government will determine whether it would be in the best interest to initiate an open season to add Contractors at any time, subject to the following conditions:

An open season notice is published in Federal Business Opportunities in accordance with FAR Part 5, Publicizing Contract Action

An open season solicitation is issued under current Federal procurement law

The solicitation identifies the total anticipated number of new contracts that the

Government intends to award

Any Offeror that meets the eligibility requirements set forth in the open season solicitation may submit a proposal in response to the solicitation

The award decision under the open season solicitation is based upon substantially the same evaluation factors as the original solicitation (W9124L-18-R-0016)

An Offeror’s proposal must meet all of the Acceptability Criteria of the original solicitation

If the intent of the on-ramp is to “replace” an Offeror (e.g., an Offeror has been off-ramped), an Offeror’s proposal must receive a proposal score equal to or higher than the lowest scoring Contractor within the existing FCoE MAIDIQ

The terms and conditions of any resulting awards are materially identical to the existing version of the FCoE MAIDIQ

The period of performance term for any new awards shall match the existing term for all other Contractors

Before an open season notice is published, first consideration for on-ramp procedures will go to the original Offerors that were considered ‘Awardable’ but were not selected to be part of the

FCoE MAIDIQ. These Offerors will be asked to confirm the validity of the proposal to include pricing for the remaining years and if they are still interested in participating on the FCoE

MAIDIQ. If prices are still considered to be reasonable and the Offeror has confirmed validity of proposal, an award will be made.

Off Ramp Procedures. The Government reserves the unilateral right to Off-Ramp non-performing Contractors. Contractors that are off-ramped have no active task orders at the time of off-ramping. Off-ramping methods may results from one of the following conditions:

Debarment, Suspension, or Ineligibility as defined in FAR Subpart 9.4.

Termination as defined in FAR Part 49

If a contractor fails to participate on task order requirements for which the contract-holder has a reasonable chance for award, the Government may choose to off-ramp

Contractor due to lack of Contractor participation during the time-frame stated in the contract by modification to eliminate for remaining ordering period

If a contractor fails to obtain at least one task order award, excluding the guaranteed minimum

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Having less than satisfactory performance assessment reports on any task order issued under the MAIDIQ.

VII. Period of Performance (POP) for Task Orders (TOs). Performance under TOs may extend beyond the ordering period. However, a TO may not have a POP that extends beyond 18 months from the expiration of the MAIDIQ base contract.

VIII. Program Ceiling. The FCoE MAIDIQ contracts have a collective ceiling of $247M that shall be measured over the entire ordering period. Once the ceiling is reached, no new TOs shall be awarded. Only existing orders and their options already in effect shall continue performance as defined in section VII above.

IX. Prime Contractors. (Given at time of award)

Contract Number Contractor Business Size Contract Effective Date

X. Protests. In accordance with FAR 16.505(a)(10), no protest under FAR subpart 33.1 is authorized except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract; or, for an order valued in excess of $25M. Protests of orders in excess of $25M may only be filed with the Government Accountability Office in accordance with the procedures at FAR 33.104. Ombudsman complaints are covered in Chapter 2.

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CHAPTER 2 –

ROLES AND RESPONSIBILITIES

I. Contracting Officers (KOs). Only MICC-Fort Sill KOs, who is/are duly appointed and designated with specific authority to enter into, may issue task orders, administer and terminate contracts and order, and make related determinations and findings on behalf of the U.S.

Government, and is/are the only individual/s authorized to make any changes to the base FCoE

MAIDIQ contract. Some responsibilities include:

Administration of MAIDIQ contracts and issuance/administration of TOs

Serve as the point of contact for IDIQ customers for scope questions; makes in-scope/out-of-scope determinations, etc.

Establish and/or implement administrative procedures for placing orders

Make changes to the basic MAIDIQ and this Ordering Guide, as appropriate

Establish and maintain central contract files and databases, as appropriate

Track and report metrics at the contract and TO level

Monitor effect of protests on metrics and fair opportunity

Monitor IDIQ ceiling

Close-out of MAIDIQ contracts and TOs

II. Contracting Officer’s Representative (COR). PROVIDED AT AWARD is the COR for the FCoE MAIDIQ. The KO shall also appoint a COR for each TO when required by FAR

1.602-2(d). Best practice is to have different CORs for the MAIDIQ and the TOs. Roles and responsibilities shall be tailored to the MAIDIQ COR or the TO COR, and may differ, e.g.

MAIDIQ COR will likely not be required to do daily surveillance of Contractor performance, review invoices in comparison to actual performance accomplished, etc. Also, deliverables for the MAIDIQ vs. the TO may be different, and each COR would review the applicable documents.

A COR shall be appointed prior to the award of all TOs. The appointment letter shall designate a detailed description of COR responsibilities and shall be distributed to the Contractor with TO award. The appointment letter will include instructions for maintaining COR qualifications, and roles and responsibilities.

III. MAIDIQ Contractors. These Contractors are all technically qualified and have satisfied the full competition and past performance requirements of the MAIDIQ award process.

Contractor duties typically include, but are not limited to:

Ensures performance and deliverables meet the requirements set forth in the master contract and individual TOs.

Performs work and provides the services/supplies in accordance with the terms and conditions of the TOs and prescribed levels of quality control.

Segregates cost data by TO and within each TO pursuant to the terms of the TO.

Submits a task order proposal IAW the request from the ordering office.

Notifies the KO in writing stating no bid (when the Contractor decides to not submit a

TO)

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Collect and report data for the Contractor Manpower Reporting requirement.

IV. Task Order Ombudsman. The ombudsman is responsible for reviewing complaints from the contractors and ensuring that the contractor is afforded a fair opportunity to be considered, consistent with applicable procedures and established guidelines. The designated ombudsman is:

Ms. Kim Wentrcek

HQ Mission and Installation Contracting Command

2219 Infantry Post Road

JBSA Ft. Sam Houston, TX 78234-1361

Phone: (210) 466-2277

E-mail: kimberley.a.wentrcek.civ@mail.mil

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CHAPTER 3 –

REQUIREMENTS PROCESS

I. Acquisition Planning. The FCoE MAIDIQ includes an approved strategy/plan; a strategy/plan is not required at the TO level. The Addendum to the Combined Acquisition

Strategy/Plan was signed by the Principal Assistant Responsible for Contracting on 17 July

2018.

II. Competition in Contracting Act (CICA) Bundling and Contract Consolidation. The

FCoE MAIDIQ is not a consolidated requirement. If a TO is a bundled or consolidated requirement, a determination and finding is required to be prepared and approved through the

KO prior to the issuance of a task order request (TOR) IAW FAR 7.107.

III. Socio-Economic Goals and Small Business Participation. TORs must include specific requirements for Small Business participation applicable to both large and small businesses.

The current goal for small business participation is 34%. Task order proposals offering less than the minimum Small Business participation requirement may be excluded from further consideration for a TO award.

IV. North American Industry Classification System (NAICS) Selection. NAICS code is

541990, All Other Professional, Scientific, and Technical Services – size standard is $15M – was selected for the FCoE MAIDIQ requirement.

V. Product and Service Codes (PSC). PSC U008 - Education and Training Services was selected for the FCoE MAIDIQ requirement based on the predominant service that is being purchased. If the TO will include more than one product and/or service, discuss the applicable

PSCs.

The U.S. General Services Administration, Office of Government-wide Policy published the

Product and Services Codes Manual, which provides codes to describe products, services, and research and development (R&D) purchased by the federal Government. The PSCs are 4-position codes, with products having a digit in the first position and services and R&D having a character in the first position. The product codes are managed by the DLA Logistics

Information Service and have been incorporated into the manual based on the list of Federal

Supply Classes (FSC) obtained from DLA Logistics Information Service.

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CHAPTER 4 –

PLACING TASK ORDERS

I. Performance Work Statement (PWS). The KO shall ensure that the task is within the general scope of the MAIDIQ contract (e.g., task areas, contract maximums, ordering limits).

The contract shall be performance-based unless approved by the designated authority as specified in DFARS 237.170-2 and AFARS 5137.170-2. A performance-based PWS shall identify the customer’s entire needs and address those needs with statements describing the required services in terms of output. The requirements should not be presented in such a manner that limits fair opportunity to compete for the TO and should not impose requirements that are not specifically required to ensure successful satisfaction of the TO requirements. The requirements should be stated in clear, concise, easily understood and measurable terms.

Detailed procedures should not be included that dictate how the work is to be accomplished;

rather, the requirements should allow the Contractor the latitude to work in a manner suited for innovation and creativity.

At a minimum, the PWS should address the work to be performed, location of the work, period of performance, delivery schedule, applicable standards, acceptable criteria, and any special requirements (i.e., security clearances, travel, reports, unique or professional qualifications, special knowledge, etc.). See FAR 37.6 for additional requirements for Performance-Based

Contracting.

Performance based metrics will be used to the greatest extent possible to ensure that the required performance quality levels are achieved. Metrics at the TO level should be clear, unambiguous and linked to incentives and penalties, and should be provided to the KO.

Contract level metrics should also be provided to the MAIDIQ KO, if applicable.

II. Funding. Funding for TOs shall be authorized at the TO level and shall be the type deemed appropriate for services/products to be acquired. Unfunded TOs are not authorized. Specifics regarding funding streams (e.g., full funding or partial/incremental funding) shall be provided with each TO.

III. Metrics. Metrics shall be captured at both the MAIDIQ and TO levels. MAIDIQ metrics measure the success of the entire program, across all TOs issued and are stated in the master contracts. Task Order metrics measure success against performance in a specific TO, and are included in each TO. Ensure metrics are value-added, achievable, measureable, and effective in meeting end-user needs in terms of cost, schedule, performance, small business participation and customer satisfaction.

Examples of contract level metrics are:

Competition: Annually, collective reports are reviewed by the MAIDIQ KO for analysis.

a. METRIC: Fair Opportunity to Compete.

b. TARGET/GOAL: 100% of all TOs issued will be awarded under the fair opportunity process.

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c. KO RESPONSE TO SHORTFALL: Ascertain if valid exceptions exist. If not, consideration should be given to discussing restrictiveness with requiring activity and necessary adjustments should be made.

Small Business Participation: Data will be collected on an annual basis that illustrates the degree to which small businesses (and subcategories) are utilized as subcontractors.

a. METRIC: Small business subcontracting.

b. TARGET/GOAL: 80% of large business Contractors in the unrestricted pool will meet or exceed small business subcontracting goals.

Quality of Work: Data will be collected on an annual basis that illustrates the degree of satisfaction of the clients for overall performance of the work as well as the quality of services performed.

a. METRIC: Client satisfaction and quality rating.

b. TARGET/GOAL: 80% of comments express overall satisfaction. Feedback may be obtained via customer satisfaction survey.

Quality of Documentation: Data will be collected on an annual basis that illustrates the degree of satisfaction of the project managers for overall acceptance for deliverables submitted as part of all TOs awarded to a particular Contractor. Documentation is critical to the completion of a successful project and shows competency to our stakeholders (customers, regulatory agencies, etc.)

a. METRIC: Quality of Final Deliverables.

b. TARGET/GOAL: 80% of all final deliverables received are accepted within 2 submissions.

TO metrics will be determined at the TO level.

IV. TO Types. The FCoE MAIDIQ is a firm-fixed-price (FFP) requirement, with cost reimbursable ODC and Travel line items. Individual TOs will use contractor’s fixed labor rates for labor categories listed at contract award Attachment XX. Cost, Labor Hour (LH), and Time

& Materials (T&M) type TOs are not allowed under this contract, and the KO should not treat any individual TO as such. Incidental T&M/LH CLINs are not allowed.

The FCoE MAIDIQ contract is not authorized to procure a “level of effort” whereby a fixed number of hours of contractor labor are procured, as this is a type of T&M or LH contract. The acquisition of services must be done on a FFP basis where the contractor is performing services to meet a defined PWS which can be objectively measured.

Most TOs will be solicited, negotiated, and awarded as bilateral orders. The Government reserves the right to issue unilateral TOs on an undefinitized basis (DFARS 252.217-7027) utilizing a not-to-exceed ceiling amount provided by the Contractor in the TO, in case of an emergency situation or when a bilateral TO cannot otherwise be issued in a timely manner.

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V. Contract Line Item Number (CLIN) Structure. CLIN structure shall follow DFARS

204.71 Uniform Contract Line Item Numbering guidance and shall be in accordance with the format of the basic contract. In order to obtain better visibility of the Contractor service workforce from Contractors supporting the Army, all TOs must include a separate CLIN for

Contractor Manpower Reporting.

VI. Fair Opportunity.

A. General. IAW FAR 16.505(b) Ordering, the KO must provide each MAIDIQ awardee a fair opportunity to be considered for each TO exceeding $3,500, except as provided for at FAR

16.505(b)(2). Pursuant to FAR 16.505(b)(1)(iii), Orders Under Multiple Award Contracts, each order exceeding $150,000 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. Follow the procedures at PGI 216.505-70 if FAR 16.505(b)(2)(1)(B) or (C) is deemed to apply. The competition requirements in FAR Part 6 DO NOT APPLY to the ordering process.

B. Single Offer Receipt. The length of time between release of the TORs and submission of task order proposals shall be commensurate with the complexity of the requirement. IAW

DFARS 216.505-70, the KO shall follow the procedures at DFARS 215.371 if only one offer is received in response to a TOR exceeding the simplified acquisition threshold. If the solicitation was advertised for fewer than 30 days and only one offer is received, the KO shall consult with the requiring activity as to whether the requirements document should be revised in order to promote more competition (See FAR 6.502(b)) and resolicit, allowing an additional period of at least 30 days for receipt of proposals. Exceptions apply at DFARS 215.371-4 and 215.371-5.

If there was a reasonable expectation that two or more Offerors would submit priced offers but only one offer was received, this circumstance does not constitute adequate price competition unless an official at a level above the contracting officer approves the determination that the price is reasonable (see FAR 15.403-1(c)(1)(ii)). If only one offer is received and the solicitation allowed at least 30 days for receipt of offers, the Contracting Officer shall follow the procedures at DFARS 215.371-3, Fair and Reasonable Price.

C. Monitoring. Fair Opportunity will also be monitored at the program level by reviewing the

Quarterly Reports submitted by all FCoE MAIDIQ contract holders as well as the reports completed by the KO. The contractors will be asked to provide information in each report regarding how many responses they submitted during the quarter and if none, why they chose not to respond to a requirement. If the review reveals that there is a problem or a potential problem with fair opportunity, future requirements will be scrutinized by a higher authority to determine and remove obstacles to competition. The Government may also meet individually with contractors who are not actively submitting responses to gain a better understanding of their reasons for not competing at TO level.

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VII. Ordering Procedures. When ordering supplies or services over $150,000, the KO shall refer to FAR 16.505(b), Orders under Multiple Award Contracts. Keep submission requirements to a minimum; consider oral requests; minimize Contractor’s proposal costs; and as much as possible, use streamlined evaluation approaches.

VIII. Task Order Request (TOR). The KO may solicit responses to requirements from

MAIDIQ Contractors. The nature of the requirement and detail of response required may serve as guides to determine which medium is most appropriate. For example, urgent requirements that can be clearly articulated may be solicited orally. (A document titled “Task Order/Delivery

Order Request, Template" is located in ACC MAP APP, Samples and Templates tab.) A

Request for Task Order Response (TOR), request for quote, or other similar communication tool should be prepared and issued for each TO requirement. The TOR and supporting documents should clearly define:

The requirement;

The task/function area;

Instructions for completing submissions in response to the request and for order placement procedures;

Additional clauses/provisions unique to the TO;

Period of performance and CLIN structure instructions;

The order placement procedures defining the method in which the TO award will be made;

The basis of award that will be used to select a Contractor, as well as criteria that will form the award decision.

Disclose to fair opportunity competitors the conditions that may arise during task order performance that could warrant an in-scope cost increase for competitors to consider when preparing task order proposals in response to a TOR.

KOs are encouraged to release draft TORs to FCoE MAIDIQ contract holders. The KO is responsible for ensuring that positive contact is made with each FCoE MAIDIQ contract holder to ensure Fair Opportunity is provided.

IX. Order Placement Procedures. Pursuant to FAR 16.505(b) the KO may exercise broad discretion in developing the most appropriate order placement procedures. Formal evaluation plans or scoring of quotes or offers are not required for orders competed under the MAIDIQ contracts; however sufficient documentation shall be maintained to clearly support the selection decision (see para XV below). KOs should consider the nature, value, duration, extent of existing information (e.g., past performance information, existing quality control plans, etc.), and the extent of information requested when determining the order placement approach, submission requirements and response time. No content in section IX is to be construed to mandate that FAR subpart 15.3 procedures are mandatory. As prescribed in FAR

16.505(1)(1)(ii) subpart 15.3 do not apply to the ordering process.

State the preferred and recommended best value process for the TOR requirements, e.g. Lowest

Price Technically Acceptable (LPTA). Using the LPTA process is appropriate when best value is expected to result from the selection of the technically acceptable task order proposal with

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When trade-off approaches are contemplated, the KO shall consider what is being traded off.

For example, for requirements that are routine in nature but require considerable management emphasis to ensure effective and efficient operation under time and fiscal constraints, the

Government might consider a trade-off between price and management approach. The benefits of awarding to an offeror with a higher-rated technical factor and a higher-priced proposal must be justified. The offer selected must be that response that provides the best overall value to the

Government. For evaluation purposes, rating methods are located in the Department of Defense

Source Selection Guide for both LPTA and tradeoff procedures.

X. Teaming Arrangement & Changes in Contractor Team Members. Teaming arrangements should be disclosed in the proposal submitted prior to base award, and for each

TO proposal. Permanent changes in teaming arrangements and subcontractors during contract administration period shall be reported to the MAIDIQ KO and COR. Contractors are permitted to add team members on a one-time basis as required to meet the unique requirements of task order when necessary. These actions are viewed as single events.

XI. Ordering Limitations.

A. The minimum task order amount for required supplies and services covered by these contracts should not be an amount less than $10,000.00. The Government is not obligated to purchase, nor is the Contractor obligated to furnish, supplies or services for less than this amount per the contract clause FAR 52.216-19, Order Limitations.

B. The entire program maximum for all contracts is $247M, which is monitored by the KO via quarterly contractor reports. These reports will be used to ensure the program ceiling is managed and maintained below the $247M ordering limit. As this ceiling is approached, the ability to place new orders will be limited by the KO. There is no guarantee that the

Government will order the maximum value under this procurement.

XII. Past Performance. Past performance should not be an evaluation factor for a requirement as the past performance for all FCoE MAIDIQ contract holders were evaluated at the IDIQ level and found to acceptable and present a low to moderate risk of failure.

When there has been performance under the FCoE MAIDIQ contracts, past performance information on earlier orders placed under the same FCoE MAIDIQ contract may be considered in the ordering process. When the MAIDIQ contracts have not been in place long, past performance information on earlier orders placed under the contract will not be available. In the absence of past performance information, past performance shall not be used as an evaluation factor for TO competitions.

XIII. Relevant Technical Experience. KOs may choose to request information from Offerors regarding relevant technical expertise. This may include the extent and relevance of current and

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XIV. TO Pricing. Each TO will be priced individually per requirement. The fully burdened ceiling rates are located in MAIDIQ awardee’s contract at Attachment XX. The Contractor shall not exceed these listed rates. Travel and Other Direct Costs (ODCs) are allowed and are cost reimbursable contract line items set at the TO level. Ceiling rates are inclusive of prime labor, subcontract labor, overhead, and other burdens, fee, and profit. All TO price proposals shall be evaluated for price reasonableness and balance, if options are included.

XV. TO Proposal Evaluation and Documentation.

A. The evaluation team designated by the KO will evaluate the TO proposals submitted IAW the evaluation criteria set forth in the TOR, and determine the Contractor awardee IAW the specified evaluation criteria. The evaluation shall be bias free. The KO should ensure all evaluators have no conflicts of interest or preconceived outcomes. Documentation should directly relate to the evaluation criteria provided in the TOR.

B. Technical support to assist in the evaluation procedure must be provided by the requiring activity. Technical evaluators must be capable of providing knowledge and expertise required to accurately determine adequacy of the TO proposals. Technical evaluation shall be conducted on each TOR IAW the terms of the TOR. Evaluation of price will usually be based upon competition except when only a single offeror is received, reference procedures at Chapter 4.

VI. b, Single Offer Receipt. In-depth price analysis is not required. To support a fair and reasonable price finding, the price analysis should include feedback from the technical evaluators that the skills mix and level of effort proposed appropriately represent the

Contractor’s proposed approach and is adequate to successfully satisfy the TO requirements (if this is part of your TOR instructions). The KO shall evaluate the proposed price (and should include such in the evaluation criteria) to ensure it is balanced and is presented IAW the pricing instructions in the TOR.

C. The KO shall control all exchanges with Contractors. A competitive range decision is not required prior to conducting exchanges, nor must the KO conduct exchanges with each

Contractor. The KO may conduct negotiations to finalize order terms, conditions and price/cost.

D. Task Order Decision Document (TODD). This is the single record that details the KO’s or other designated selection official’s integrated assessment and decision supporting selection of the best value proposal consistent with the stated evaluation criteria. It should provide the reader with a clear picture as to how the KO arrived at the decision to select the Contractor for award (A document titled "Task Order/Delivery Order Decision Document, is located on ACC

MAP APP, Samples and Templates tab.)

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CHAPTER 5 –

ADDITIONAL TOR CONSIDERATIONS

I. Contract Manpower Reporting. The Contract Manpower Reporting (CMR) requirement was established by the Assistant Secretary of the Army, Manpower and Reserve Affairs through memorandum dated March 8, 2005, and implemented by PARC Policy Alert 08-29, dated 13 June 2008 & PARC Policy Alert 08-29-R1, dated 11 August 2008, Subject: Contractor

Manpower Reporting. The FCoE MAIDIQ contract includes the required provisions. However, all TOs, regardless of dollar amount, shall include a separate Contract Line Item Number for

CMR in order to obtain better visibility of the Contractor service workforce from Contractors supporting the Army. The CMR was designed to collect and report data regarding labor costs associated with the contract workforce and the organizations and missions that the contract workforce support. The CMR will ensure that the Army is getting full value from our contract workforce. Therefore, requiring activities shall add accounting for contract services to their requirement packages that are submitted to the Contracting Officer.

II. Organizational Conflict of Interest (OCI) at TO Level. The guidelines and procedures at

FAR Subpart 9.5, FAR Part 3, and other applicable agency specific regulatory supplements will be used in identifying and resolving any issues of a conflict of interest. OCI instructions are located in Section H of the solicitation and subsequent MAIDIQ contract awards.

III. Addition of Clauses at TO Level. Clauses may be added at the TO level as long as they do not conflict with clauses included in the basic contract at IDIQ level. For example, Option

Clauses 52.217-8, Option to Extend Services, and 52.217-9, Option to Extend the Term of the

Contract, may be included and tailored at the TO level as well as clauses related to

Government-furnished property.

IV. Government Property. Government Property means all property owned or leased by the

Government. Government property includes both Government-furnished property and

Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software (see FAR 45.101). Contractors are ordinarily required to furnish all property necessary to perform Government contracts. Contracting Officers shall provide property to Contractors only when it is clearly demonstrated- (1) To be in the

Government’s best interest, (2) That the overall benefit to the acquisition significantly outweighs the increased cost of administration, including ultimate property disposal, (3) That providing the property does not substantially increase the Government’s assumption of risk;

and (4) That Government requirements cannot otherwise be met. These requirements will be met only if documented in a justification and uploaded into PCF. If the Government anticipates that Government Property will be provided for use by the Contractor under the contract, the KO shall incorporate all appropriate clauses and provisions into the MAIDIQ solicitation and resulting TOs in accordance with FAR Part 45, 52.245-1, and DFARS 252.211-7003, and

DFARS 252.245-7002. Each order requiring the use of Government property shall include a complete list of all property to be provided to the Contractors in the Wide Area Work Flow

GFP Module and uploaded into PCF.

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V. Security Requirements. Ensure that security requirements have been coordinated with the customer and the Security Specialist. Ensure that the requirements of PGI 204.403, Responsibilities of Contracting Officers, are met. Contractors shall conform to all security requirements as specified in the DD Form 254 included in each order. If a security clearance is required, interim coverage may be obtained from the Department of Defense. Surveillance of

DD Form 254 requirements will be executed at the TO level.

VI. Other Direct Costs. Other Direct Costs (ODCs) may be included at the order level, should conditions warrant. ODCs shall be authorized IAW FAR 31.202 and by any other conditions outlined in the PWS.

VII. Travel. Travel may be included at the order level should conditions warrant. The basis for allowable travel costs will comply with FAR 31.205-46.

VIII. Contract clauses. All contract clauses in the underlying MAIDIQ flow down to task orders, as needed.

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CHAPTER 6 -

TO PROCESS

I. TOR Preparation.

A. Ideally, the KO will have coordinated with the customer in advance to discuss the requirement with regard to issues such as funding and selection of task/function/value in the event that a suite determination is required, and any impediments to competition. The advanced coordination is highly recommended to establish realistic milestones, especially for situations requiring additional documentation and approval prior to issuance of the TOR. The KO is responsible for ensuring required approvals are obtained timely.

B. The Customer submits the procurement package to the KO/CS, e.g. Independent

Government Cost Estimate; Funding Document; PWS; Evaluation Criteria consistent with the basic contract; Quality Assurance Surveillance Plan (QASP); and COR nomination IAW AR

70-13 and ACC Pamphlet 70-1. Examples of other documents that may be applicable are:

Service Contract Approval/Inherently Governmental Function determination, within-scope statement, and Workload Data. The documents should clearly identify which functional areas in the MAIDIQ PWS are required. The KO will review the package and determine whether or not the TO requirement is within the MAIDIQ scope.

C. Small Business Participation. The Ordering Office will evaluate how best to achieve compliance with the MAIDIQ Small Business participation goal of 34% by establishing a minimum order requirement for Small Business participation.

D. The KO prepares TOR, if determined to be within scope of MAIDIQ, to include applicable attachments, (e.g. PWS, Workload Data, DD 254, etc.), due date for TOR return, period of performance, CLIN structure, evaluation factors, and basis for TO award.

E. The KO submits TOR and attachments for appropriate reviews depending on applicable thresholds, e.g. to local legal office, PARC, etc.

F. The KO submits TOR to MAIDIQ contract holders.

II. TO Proposal Evaluation.

A. The solicited Contractors submit TO proposal by the due date or provides a ‘No Bid’ response to the KO.

B. The KO assembles an Evaluation Team to evaluate TO proposal in response to TOR, as appropriate.

C. The Evaluation Team evaluates TO proposals in response to the TOR and documents their evaluation in accordance with the streamlined evaluation criteria established in the TOR.

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D. The KO determines whether discussions are required, if so; records reasoning, gains appropriate approval, and notifies Offerors regarding discussions, conducts discussions and requests revised responses. The evaluation board evaluates and documents revised responses. If discussions are not conducted, the KO prepares TODD.

III. TOR Award and Administration.

A. The KO prepares TODD and submits for appropriate reviews, depending on applicable thresholds, e.g. to local legal office, PARC, etc.

B. The KO awards TO in local PD2 system.

C. The KO provides notification of award decision and COR appointment to TO awardee, and notifies unsuccessful TO participants as required.

D. The KO is required under FAR 16.505 to provide notifications to unsuccessful awardees and debriefings for orders IAW FAR 15.503 (post award notices) and 15.506 (debriefing of awardees) for all orders exceeding $5.5M. The debriefings may be provided orally, in writing or by any other method deemed appropriate to the KO. A best practice is to provide debriefings in writing.

E. The KO administers TO files, and any subsequent TO modifications.

F. KO receives and reviews Contractor submits quarterly reports summarizing awarded and pending TO requirements on MAIDIQ to KO.

G. Respond to any requests for information pertaining to orders awarded or administered by your office including but - not limited to, Freedom of Information Act requests, and inquiries/audits by: Congress, Inspectors General, the Small Business Administration, and the

General Accountability Office.