Draft ordering procedures and on_off ramping provision.pdf

AWARD OF TASK ORDERS UNDER MULTIPLE AWARD CONTRACTS.

A. More than one contract is being awarded for the same scope of work as this contract. Each contractor will be afforded a fair opportunity to be considered for each task order exceeding $3,500, unless one of the conditions in paragraph (d) below applies. Request for Task Order Proposals and resulting Task Order awards shall comply with FAR 16.505 Ordering, and DFARS 216.505 Ordering.

B. Request for Task Order Proposal (RTOP): When the Government has a requirement for work to be performed; the Contracting Officer (KO) will notify contractors via RTOP:

(1) The work to be performed, the desired performance period and any other information considered to be of assistance to the contractor in preparing a proposal. The government will transmit the written RTOP by any means including Procurement Integrated Enterprise Environment (PIEE), e-mail, or alternate means when necessary.

However, the standard method of transmission will be PIEE. The RTOP will not obligate the Government to issue resulting task orders under this contract, nor will it authorize the Contractor to perform any work pursuant to such requests for proposal prior to the Contractor's receipt of an authorized Task Order award.

(2) The Government will consider one or more of the following factors when evaluating contractor’s proposals for each task order:

i. Proposed price

ii. Proposed schedule

iii. Proposed Technical solution

iv. Past performance

(3) Price will be an evaluation criterion in all RTOPs. The Contractor will provide their best price for the individual RTOP in their initial proposal. There are no pre-established labor rates, etc. included within the contract. Therefore, the Contractor will utilize the proposal schedule provided in each RTOP when providing their price for each individual task order.

(4) RTOP Evaluation and Task Order Award: The Government will identify evaluations factors in the RTOP. The evaluation used will identify the basis for selecting a contractor for award. Each RTOP will specify how the award decision will be made. Upon completion of evaluations, the Contracting Officer will issue a task order to the Contractor whose proposal is most advantageous to the government in accordance with the outlined evaluation criteria. The Contracting Officer will notify all MATOC contractors of the selection decision in writing.

C. Competition is a major focus of the MATOC; therefore, the government intends to compete all task orders. Accordingly, awardees are required to propose on a minimum of one (1) effort per three (3) consecutive RTOPs or at least one (1) RTOP per three-month period; whichever comes later. At this point the contractor will be considered dormant and the Government may choose to off-ramp the contractor. Contractors that decide not to submit a proposal shall advise the Contracting Officer, in writing, of their intention not to submit a proposal on or before the closing date and time established in the RTOP. Contractors in the MATOC program are

Draf t reminded that participation in the MATOC includes submitting proposals and by not submitting a proposal in response to a RTOP the contractor is thereby refusing to participate. Contractors are highly encouraged to actively submit proposals.

D. FAIR OPPORTUNITY: In accordance with FAR 16.505and DFAR 216.505, each awardee will be given a fair opportunity to be considered for each order issued over the micro-purchase threshold unless exception(s) apply in accordance with FAR 16.505(b)(2).

The following process is established for the exceptions stated in FAR 16.505(b)(2)(i)(A):

(1) If the agency’s need for the services or supplies is of such urgency that providing such opportunity to all such Contractors would result in unacceptable delays and there is more than one contractor capable of meeting an urgent task order, initial means of rotational selection shall be performed by randomly drawn lot. In subsequent urgent requirements, the order of rotation will be maintained, however, the government reserves the right to apply some, or all the evaluation criterion stated in paragraph (b)(2) above, in the rotation and may exclude those contractors who do not meet the RTOP evaluation criteria.

E. If the contractor believes it was not fairly considered for a particular task order, the contractor may present a complaint to the Contracting Officer. The contractor may appeal the explanation or decision of the Contracting Officer to the USACE Ombudsman. The following individual has been appointed as ombudsman for USACE.

USACE Task and Delivery Order Ombudsman

COL Robert Miceli Deputy Director of Contracting U.S. Army Corps of Engineers 441 G Street NW Washington D.C. 20314-1000 Phone: (202) 761-4707 Email: Robert.J.Miceli@usace.army.mil

The Ombudsman will review the contractor’s complaint, and in coordination with the Contracting Officer, ensure that the contractor was afforded a fair opportunity to be considered for the task order.

F. Post-award debriefing for task orders exceeding $6,000,000 will be given to requesting contractors.

G. Protests are authorized in connection with a task order exceeding $25,000,000. The Government Accountability Office (GAO) will have exclusive jurisdiction over such protests.

H. The Government reserves the right to issue additional solicitations and award additional contracts within the region covered by this contract.

SPECIAL CONTRACT REQUIREMENTS.

A. On/Off-Ramping.

Draf mailto:Robert.J.Miceli@usace.army.mil

(1) On-Ramp. The Government reserves the right to utilize an On-Ramp concept, consistent with FAR 16.504(c)(1)(ii)(A), to maintain sufficient competition among MATOC Partners throughout the ordering period which may include the addition of Indefinite Delivery Contracts. This will be done by requesting and evaluating proposals in a manner consistent with the original MATOC Request for Proposal (RFP) Solicitation.

(2) The use of On/Off Ramp procedures will provide flexibility to add or remove MATOC Partners from the MATOC Program over the course of the seven (7)-year ordering period. The use of these provisions permits the Contracting Officer to refresh/update the competitor pool as necessary to ensure the MATOC Program maintains a sufficient number of qualified contractors for effective competition and will provide the ability to respond to changing market conditions or capabilities of contractors throughout the MATOC ordering period.

B. On-Ramp Procedures. The Government reserves the right to determine whether it would be appropriate to announce a new competition for the purpose of adding additional MATOC Partners by the issuance of new RFP Solicitation. Every two (2) years, from the date of award of the basic Indefinite Delivery Contracts, the Government will assess the quality of performance of each MATOC Partner considering various factors including, but not limited to, the number, value and volume of work assigned to each MATOC Partner, and their competition involvement over the course of each two (2)-year evaluation period.

(1) The following course of action is the anticipated procedure should the Contracting Officer determine to announce a new On-Ramp Solicitation to add Indefinite Delivery Contract holders.

(2) First, an On-Ramp Solicitation will be synopsized on the SAM.gov Government Point of Entry website. The On-Ramp Solicitation will state that it is being issued for the sole purpose of refreshing the pool of contractors of the MATOC Program and will identify, by name and contract number, the contractors who have already been awarded an Indefinite Delivery Contract. Additionally, the On-Ramp Solicitation will contain the description of the MATOC Program.

(3) Although the new Solicitation will carry a new Procurement Identification Number (i.e., W912HN-xx-R-xxxx), the new Solicitation will mirror RFP Number W912HN-XX-R- XXXX with the exception of (1) any changes/revisions that were incorporated via an Amendment to RFP Number W912HN-XX-R-XXXX, (2) any changes or supplements to Provisions or Clauses that may have been updated or revised since the issuance of RFP Number W912HN-XX-R-XXXX. The potential offerors will be required to meet the same minimum evaluation criteria established in the original MATOC RFP solicitation for each evaluation factor where minimum criteria was established. The evaluation and selection of awardees will be on the same basis as the evaluation and award criteria used for the original MATOC Program awards. However, On-Ramping offerors will not be evaluated against existing Indefinite Delivery Contract holders under the existing MATOC Program.

(4) The contract ordering period for any additional Indefinite Delivery Contract awarded through the On-Ramp Solicitation procedures will run concurrent with the existing MATOC Program ordering period. Additionally, the terms and conditions of any awards will be materially identical to the terms and conditions of the existing MATOC Program.

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(5) The addition of new MATOC Partners, by way of the On-Ramp process described herein, will, in no way, increase the MATOC Program ceiling or the fixed seven (7)-year ordering period.

(6) New entrants into the MATOC Program will be combined with the existing/active MATOC Partners and permitted to compete on all future RTOPs from the date the new entrant’s Indefinite Delivery Contract is awarded. Immediately upon On-Ramping award, each selected contractor is eligible to submit a proposal in response to any RTOP and will be eligible to receive Task Order awards with the same rights and obligations as any other contractors in the MATOC Program.

C. Off-Ramp.

(1) The Government reserves the right to utilize an Off-Ramp when it is determined by the Contracting Officer to be in the best interest of the Government. The Government may Off-Ramp a Contractor by implementing a termination for convenience, implementing a termination for default, or by any other action permitted by the contract terms and conditions, to include not exercising an Option year.

(2) Additionally, the Contracting Officer reserves the right to cancel their participation in the MATOC at any time during the seven (7)-year ordering period, based upon the Contracting Officer’s determination to terminate at the convenience of the Government.

(3) Off-Ramp Procedures. The Contracting Officer will periodically review contractor performance on existing Task Order contracts and will conduct a bi-annual review of the MATOC Program. If the Contacting Officer determines it is the best interest of the Government to terminate an Indefinite Delivery Contract, the Contractor will be notified in writing. Possible reasons for termination may include, but are not limited to, unresponsiveness or lack of participation in RTOP solicitations (for reasons other than maximum ordering limitations) or poor performance on two (2) or more consecutive Task Order awards. By accepting the terms of the Indefinite Delivery Contract, MATOC Partners acknowledge that abstaining from participation may be reflected unfavorably by the Contracting Officer and grounds for removal from the MATOC Program. Draf