BEST PRACTICES
FOR
MULTIPLE AWARD
TASK AND DELIVERY
ORDER CONTRACTING
Office of Federal Procurement Policy (OFPP)
Office of Management and Budget (OMB)
Executive Office of the President
INTERIM EDITION
JULY 1997
Last Updated: February 19, 1999
FOREWORD
This is the fourth in a series of publications discussing best practices
developed by the Office of Federal Procurement Policy (OFPP). This interim
document contains our current views on best practices in the use of task and
delivery order contracts, in particular multiple award contracts, as authorized
by the Federal Acquisition Streamlining Act (FASA). These contracts are commonly
known as indefinite delivery/indefinite quantity (ID/IQ) or umbrella contracts.
These contracts allow the government to acquire an indefinite quantity, within
stated limits, of supplies or services during a fixed period, with deliveries or
performance to be scheduled by placing orders with the contractor. Throughout
this document, the term "multiple award contracts" has the same meaning as
"multiple award task and delivery order contracts." (These contracts should be
distinguished from the multiple award contracts awarded under the General
Services Administration's (GSA's) Federal Supply Schedule Program.)
Agencies have gained a great deal of experience using single award ID/IQ or
task order contracts. FASA now authorizes the use of multiple award task and
delivery order contracts. Thanks to the clarification provided in FASA, agencies
can now use these contracts with greater confidence, and, at the same time,
realize the benefits of an ongoing competitive environment throughout the
duration of the contract while minimizing the delays of conducting a separate
procurement for each requirement.
To help agencies better understand this contracting approach, this interim
document highlights best practices in key phases of the multiple award
contracting process including, among other areas, the "fair opportunity to be
considered" requirement and streamlined ordering processes. Many of the examples
and best practices pertain to the information technology industry. These
practices may or may not be applicable to other industries, but agencies are
encouraged to use them, as appropriate.
We plan to issue the final edition once we have additional information on
best practices and lessons learned from agencies use of these contracts. These
practices are not mandatory. Instead they are techniques that may help
contracting officials take advantage of the flexibilities authorized by FASA
when using multiple award task and delivery order contracts.
We thank the procurement and program officials from the major departments and
agencies, as well as industry officials, who provided information on their
experiences using task and delivery order contracts. Their input helped to form
the basis for this interim document. In addition, we thank the interagency
Multiple Award Contracting Team for sharing their experiences and providing
information on their contracts. The interagency team was also instrumental in
ensuring that the regulatory guidance in the Federal Acquisition Regulation
(FAR) conformed to the FASA authority.
Copies of this publication may be obtained from the Executive Office of the
President's Publications Office by calling 202-395-7332, or writing the Office
of Publications, 725 17th Street, NW, Room 2200, New Executive Office Building,
Washington, DC 20503. The publication will also be available through the
Internet on the Acquisition Reform Network (ARNet) at www.arnet.gov.
Steven Kelman
Administrator
Office of Federal Procurement
Policy Office of Management and Budget
TABLE OF CONTENTS
FOREWORD
TABLE OF CONTENTS
SUMMARY OF BEST PRACTICES
CHAPTER 1 -- OVERVIEW
CHAPTER 2 -- BACKGROUND
Impact of FASA
Relationship to Other Contracting Authorities
Multiple Award Contracts vs. Single Award Contracts
Use of Multiple Award Contracts to Buy Information Technology
Use of Multiple Award Contracts to Buy Other Services
CHAPTER 3 -- STRUCTURE OF MULTIPLE AWARD CONTRACTS
Developing the Statement of Work
Solicitation Requirements
Determining the Number of Contract Awards
Streamlining Development of the Solicitation
Pricing
Cost or Pricing Data
Price Changes and Technology Refreshment
Small Business Considerations
Use of Streamlined Techniques to Award Initial Contracts
CHAPTER 4 -- ORDERING PROCEDURES
Performance-Based Statement of Work for Orders
Work Orders Within Task Orders
Delegation of Procurement Authority to Other Agencies
Streamlining Ordering Techniques
Use of Oral Presentations
Non-Mandatory versus Mandatory Proposal Submission
Decentralized Ordering
Use of Handbooks, Standard Forms, and Conferences
Using Past Performance as an Evaluation Factor
Using Past Performance in Order Placement
Recovery of Proposal Preparation Costs
CHAPTER 5 -- FAIR
OPPORTUNITY CONSIDERATIONS
Agency Flexibility
Exceptions to Fair Opportunity to be Considered
Only One Contractor is Capable
Logical Follow-on
Minimum Guarantee
Program Officials and/or Customers Involvement
Competing Orders for Products vs. Services
Examples of the Fair Opportunity Process
DEIS II Fair Opportunity Consideration Process
OPMs Contractor Qualification Matrix Approach
ITOP Fair Opportunity Procedures
EPAs Fair Opportunity Process
CIO-SP Fair Opportunity for Consideration Process
CHAPTER 6
-- CONTRACT ADMINISTRATION
Task Order Surveillance
Acceptance and Evaluation of Deliverable
Task Order Evaluation
Other Contract Administration Techniques
The Role of the Ombudsman
CHAPTER 7 -- CONCLUSION
APPENDIX 1 -- LIST OF MULTIPLE AWARD TASK AND DELIVERY ORDER CONTRACTS
APPENDIX 2 -- DEIS II TASK ORDER AWARD PROCESS
APPENDIX 3 -- TASK ORDER EVALUATION
APPENDIX 4 -- FAI FLOWCHART ON TASK ORDER CONTRACTING AND ORDERING PROCESS
APPENDIX 5 -- ACRONYMS
SUMMARY OF BEST PRACTICES
Best Practices
- During acquisition planning, COs, program officials, and industry should
work together to develop a clear statement of work.
- Continuously seek contractor input to improve the efficiency and
effectiveness of the ordering process.
- Make a reasonable number of awards which ensures competition but keeps
the ordering process from being overly burdensome.
- Use an interactive solicitation development process to:
- Shorten RFP development from months to days;
- Increase communication between industry and government; and
- Increase understanding of the requirements through a dynamic interactive
approach.
- Use simplified procedures and award documentation when issuing orders under
multiple award contracts.
- The use of performance-based work statements should result in more task
orders being fixed-priced.
- Consider using oral presentations to reduce lead time and contractors
proposal preparation costs. Use good judgement to ensure that travel costs
do not become excessive.
- Plan ahead for oral presentations to allow sufficient time for scheduling
of conference room space and evaluators attendance.
- If written technical proposals are required, use page limitations.
- Developing publications which describe the fair opportunity and ordering
process helps when multiple award contracts are issued for multi-agency use.
- Past performance on earlier tasks under the multiple award contract,
including past performance on cost or price control, may be used to determine
which awardees should be considered for future tasks.
- Good communication between the contracting office and program/technical
office is essential when determining fair opportunity.
- Technical/program personnel involved in the fair opportunity process should
be well trained in the use of multiple award task and delivery order contracting.
- Establishing an automated system to manage task order issuance makes the
process more efficient.
- Convene periodic meetings with awardees to discuss administrative matters,
future requirements, and needed improvements in the ordering process.
CHAPTER 1
OVERVIEW
This interim publication provides information on key phases of multiple award
task and delivery order contracting. Each chapter addresses specific topics and,
as appropriate, offers "best practices" at the end of each topical discussion.
Please note that the "best practices" are gleaned from the information preceding
their placement.
Chapter Two offers an overview of the FASA provisions on task and delivery
order contracting, a discussion of the relationship of the FASA authority to
other contracting authorities, and discussion on the appropriate use of single
awards as opposed to multiple award contracts. This chapter also highlights the
fact that multiple award contracting is a flexible contracting tool used by
agencies to buy products and services ranging from information technology to
training and management assistance support. If more information is desired on
specific multiple award contracts, please contact the appropriate agency point
of contact identified in Appendix 1.
Chapter Three provides information on structuring multiple award contracts.
The chapter discusses developing the statement of work and encourages
contracting and program officials to work together during acquisition planning
to develop clear work statements. Discussion of the solicitation provisions for
multiple award contracts, and the importance of including the ordering
procedures and the fair opportunity to be considered criteria in the
solicitation, is included. The chapter also provides information on techniques
to streamline the development of the solicitation, information on pricing, and
ways to improve small business participation in task and delivery order
contracts. The last section of the chapter suggests streamlining techniques that
can be used to simplify and expedite award of the multiple award contract.
Chapter Four, which addresses ordering procedures, highlights the importance
of using performance-based statements of work for orders. The chapter cautions
agencies against issuing work orders under task orders. There is a brief
discussion on the responsibility of the servicing and ordering agencies when the
servicing agency delegates contracting authority to the ordering agency for
order placement. Streamlined ordering techniques, such as the use of oral
presentations and the use of past performance as an evaluation factor, are
discussed, as well as the importance of handbooks, standard forms, and
conferences. At the end of the chapter is a brief discussion pertaining to
contractor recovery of proposal preparation costs when contractors submit
proposals in response to task and delivery requirements.
Chapter Five provides information on the "fair opportunity to be considered"
requirement. It highlights the flexibilities agencies have in developing the
criteria that provide awardees a fair opportunity to be considered for orders
under multiple award contracts. Also, it includes a discussion on the exceptions
to the fair opportunity to be considered process with guidance on how the
minimum guarantee can be used. This chapter encourages the involvement of
customers and program officials in the fair opportunity process. It also
examines the fair opportunity process when buying Commercial-off-the-Shelf
(COTS) products as opposed to services. Finally, this chapter presents examples
of how various agencies are implementing the "fair opportunity to be considered"
requirement.
Chapter Six addresses administration of multiple award contracts. It
primarily focuses on task order surveillance and evaluation, examples of
contract administration techniques, and the role of the ombudsman.
Chapter Seven briefly concludes by encouraging agencies to take advantage of
the flexibilities available when using multiple award task and delivery order
contracts.
This document includes five appendices. Appendix 1 is a list of multiple
award contracts and a person to contact for additional information. Appendix 2
illustrates the fair opportunity for consideration approach used in the Defense
Enterprise Integration Services II (DEIS II) multiple award contracts. Appendix
3 is a sample task order evaluation form used to collect contractor performance
information. Appendix 4 contains a Federal Acquisition Institute (FAI) flowchart
which describes the task order contracting and ordering process. Appendix 5
lists the acronyms used in this document.
CHAPTER 2 BACKGROUND
Impact of FASA
Prior to FASA, agencies used large single award (umbrella) ID/IQ contracts to
avoid: (1) delays associated with awarding several individual contracts for each
requirement and conducting recompetitions, and (2) the legal challenges of using
multiple award contracts. A single award ID/IQ contract often makes it difficult
for the government to secure the same price reductions and contractor
performance improvements that would occur if the contractor was competing
against other qualified contractors throughout the contract.
The Acquisition Law Advisory Panel, in its 1993 report to Congress, concluded
that many government requirements would be unnecessarily delayed unless agencies
had the clear flexibility to enter into delivery order contracts for products
and task order contracts for services. These contracts allow detailed
requirements, definite dollar value, and the timing of work to be accomplished
by issuing orders as needs arise during the life of the contract. The Panel
recommended that task order and delivery order contracts be authorized by
statute.
Congress recognized that significant procurement reforms could not be
accomplished without giving agencies flexible contracting tools. Therefore, FASA
provided this flexibility by codifying agencies existing practices of using
task order and delivery order contracts, establishing a "general" preference for
use of multiple awards, and making the use of multiple awards mandatory for
advisory and assistance services contracts exceeding $10 million and three years
in duration. FASA:
- authorizes the use of broad statements of work that generally describe the
government's requirement for supplies or services,
- authorizes deletion of the public notice requirement when placing orders,
- 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, and
- mandates that multiple awardees have a fair opportunity to be considered
for orders in excess of $2,500.
Implementing guidelines are set forth in FAR Subpart 16.5.
Relationship to Other Contracting Authorities
The FASA authority to award task and delivery order contracts, including the
preference for multiple awards, does not limit, impair, or restrict the
authority of GSA to enter into schedule, multiple award, or task or delivery
order contracts under any other provision of law. Therefore, GSA regulations,
and the guidance in FAR Subpart 8.4 and Part 38 pertaining to the Federal Supply
Schedule program, take precedence over the Subpart 16.5 guidance. The multiple
award preference does not apply to architect-engineer contracts subject to the
procedures in Subpart 36.6. However, agencies are not precluded from making
multiple awards for architect-engineering services provided the selection of
contractors and placement of orders is consistent with Subpart 36.6.
Multiple Award Contracts vs. Single Award Contracts
In order for agencies to take continuous advantage of the benefits of
competition after contract award, FASA provides that agencies may make multiple
awards of task and delivery order contracts for the same or similar supplies or
services (and from the same solicitation) to two or more sources. The use of
multiple award contracts allows agencies to take continuous advantage of the
competitive forces of the commercial marketplace which will result in lower
prices, better quality, reduced time from requirements identification to award,
and improved contractor performance in satisfying customer requirements.
Agencies should note that, with the exception of the requirement for
mandatory use of multiple award contracts for advisory and assistance services,
the "preference" for multiple award contracts is just that, a preference. FASA
recognizes that single award contracts may be preferable in some situations. The
implementing regulations provide a range of available exceptions and make clear
that the contracting officer (CO) is expected to make a sound business decision
as to whether single or multiple awards may be more advantageous to the
government. No separate written determination is necessary when the
determination to make a single award is contained in a written acquisition plan
or when a class determination has been made. Single award contracts may be made
(for other than advisory and assistance services awards exceeding $10 million
and three years) if the CO determines that:
- tasks to be ordered are so integrally related that only a single
contractor can reasonably perform the work;
- more favorable terms and conditions, including pricing, can be secured
under a single award;
- only one contractor is capable of providing performance at the level of
quality required because the supplies/services are so unique or highly
specialized;
- the cost of administration of multiple contracts outweighs any potential
benefits;
- the estimated contract value is less than the simplified acquisition
threshold; or,
- multiple awards are not in the best interest of the government.
FASA mandates multiple awards for advisory and assistance services contracts
exceeding $10 million and three years in duration except when the agency
determines in writing: (a) prior to issuing the solicitation, that the services
are so unique or highly specialized that it is not practicable to award more
than one contract (this determination may also be appropriate when the tasks are
so integrally related that only a single contractor can perform the work), (b)
after evaluation of the offers, that only one offeror is capable of providing
the services at the level of quality required, or (c) that only one offer has
been received. The FAR states that no solicitation for a requirements contract
for advisory and assistance services in excess of the above thresholds may be
issued unless the CO or other designated official determines in writing that the
services are so unique or highly specialized that it is not practicable to make
multiple awards using the procedures in FAR 16.504. This provision prevents
agencies from circumventing the mandatory multiple award preference for advisory
and assistance services contracts.
An illustration of circumstances when more favorable terms and conditions,
including pricing, could be obtained if single awards were made may be the award
of certain kinds of fixed-price construction contracts, commonly known as Job
Order Contracts (JOC) and Simplified Acquisition of Base Engineer Requirements
(SABER) contracts. These types of contracts typically include
government-established unit prices for specific line items needed to complete
the requirements of the delivery order. Award determinations are made by
selecting the mix of line items to be used for a project and multiplying the mix
of line items by the coefficient bid by the offeror. The contractor's
coefficient is based on cost elements such as overhead, profit, minimum design
costs, G&A expenses, bond premiums, and gross receipt taxes. These contracts
have much of their pricing determined by pre-award competition. It is possible
that the use of multiple awards for these contracts could result in higher
overall prices to the government because offerors might be inclined to raise
their bidding coefficients to account for the fact that potential delivery
orders would be spread out among several firms, which means that the companies
would have fewer tasks over which to spread their overhead.
Use of Multiple Award Contracts to Buy Information Technology
(IT)
Use of multiple award contracts may be especially effective for maintaining
better prices and quality in the IT market. Before FASA, many agencies relied on
long-term ID/IQ and umbrella contracts with technology refreshment and price
reduction clauses to take advantage of falling prices and new technology. Even
with these clauses, the government had to negotiate in a sole-source environment
and was often unable to realize the economies and efficiencies afforded by
vigorous competition among vendors in the marketplace.
By offering market competition on price and technology for each order,
multiple award contracting provides COs with the flexibility needed to better
match the dynamics of the IT market. Pre-FASA experimentation with various forms
of continuing competition among multiple awardees on IT contracts demonstrates
the potential of this approach.
For more than 10 years, the Department of Justice (DOJ) has used multiple
award task order contracts to provide software development and other IT services
to its components and other Federal agencies. These ID/IQ contracts were awarded
using full and open competition and task orders were competed among the multiple
awardees. A survey of 49 task orders issued under these contracts revealed that
the actual costs averaged 16.7 percent less than the government's projected
estimated costs. DOJ attributes these savings to the fact that awardees were
competing with one another for each task order. The Air Force's dual award
multi-billion dollar contract for microcomputers (known as Desktop V) allows
ordering agencies within and outside the Department of Defense (DOD) to obtain
more efficiently new technology at the most competitive prices. The National
Aeronautics and Space Administration's (NASA's) Personal Computer Acquisition
Contract (PCAC) required quarterly price resubmission which encouraged cost
competition and technological refreshment.
Many agencies are now successfully using the new FASA multiple award
authority for major IT contracts. The Department of Transportation (DOT), under
its Information Technology Omnibus Program (ITOP) contract, DOJ, under its
Information Technology Support Services Contract, and the National Institutes of
Health (NIH), under its Chief Information Officer Solutions and Partners
(CIO-SP) program contract, recently awarded multiple award contracts for IT
support services. GSA, through its Federal Systems Integration and Management
Support Center, has awarded multiple award contracts for IT services using the
new FASA guidelines.
Many of the major multiple award IT contracts are satisfying not just the
needs of the agency awarding the contract, but of other agencies as well.
Interagency usage can serve to reduce the overhead associated with multiple
acquisitions. In addition, aggregation of demand (especially for supplies) can
help the government to exercise buying leverage and encourage vendors to offer
the best possible prices.
Under the Clinger-Cohen Act (formerly referred to in part as the Information
Technology Management Reform Act), which became effective on August 8, 1996, an
agency head may establish a multi-agency contract for IT in accordance with
guidance issued by the Office of Management and Budget (OMB) (see 40 U.S.C.
1424(a)(2)). Prior to this time, an agency's ability to contract for IT was
subject to approval by GSA pursuant to the Brooks Act. OMB guidance, set forth
in OMB Memorandum M-97-07, dated February 26, 1997, states that multi-agency
contracts must be consistent with the Economy Act. Guidance on the Economy Act
can be found at FAR Subpart 17.5.
The OMB guidance states that the benefits of a multi-agency contract can be
realized only if there is a management commitment commensurate with the
potential size of the contracts. Agency heads must:
- ensure that their Chief Information Officers and Senior Procurement
Executives work together to assign responsibilities and establish clear lines
of accountability;
- ensure that the agency component conducting the acquisition has
established effective contract management systems and has an adequately
trained and sized staff available to administer the resulting contracts;
- monitor the progress of the contracts and ensure that adequate management
resources continue to be devoted, particularly if the contracts prove to be
unexpectedly popular or otherwise begin to strain existing management
resources;
- ensure agency compliance with FAR 16.504(a) by setting an initial dollar
or quantity limit on such contracts; and
- consider placing an initial limit on the amount of interagency usage,
subject to periodic adjustment (either upward or downward) depending on the
agency components demonstrated ability to adequately manage the contracts in
light of the volume of orders received.
In addition to allowing agencies to establish multi-agency contracts, the
Clinger-Cohen Act authorizes OMB to designate one or more agency heads as
executive agents for government-wide acquisitions of IT. Pursuant to this
authority (set forth at 40 U.S.C. 1412(e)), OMB designated GSA as an executive
agent for, among other things, the Federal Systems Integration and Management
(FEDSIM) and Federal Computer Acquisition Center (FEDCAC) programs.
Use of Multiple Award Contracts to Buy Other Services
The use of multiple award contracting has proven effective in acquiring other
types of services and supplies. For example, DOT has experienced similar success
using multiple award contracts at its Volpe Center. These contracts, known as
the Multiple Contractor Resource Base (MCRB) program, enhance the Center's
technology resources and capabilities, increase private sector competition, and
broaden industry participation in support of its research and development
program. The MCRB program encompasses four functional areas: operations research
and analysis; information systems engineering; communications, navigation, and
surveillance systems; and vehicle, guideway, and terminal systems. Twenty-nine
contractors, seven of which are small businesses, compete for task orders under
the contracts. Full participation of management, procurement, and technical
program specialists ensure quality performance consistent with program
objectives and responsiveness to customer requirements.
The Department of Health and Human Services (HHS) is using multiple award
contracts for audit support services (including financial, program, or contract
audits) in their Inspector General's office at headquarters and throughout their
regional offices. Previously, these services were acquired under regional
requirements contracts and work was allocated to each contractor. In August
1995, HHS awarded 14 ID/IQ contracts for nationwide audit services which allow
all awardees to compete for each task order on a firm-fixed price basis. HHS
estimates savings of $624,741 from award of these contracts through April 1996,
when the actual costs are compared to the government estimate. Competing task
orders among technically qualified firms allows HHS to receive quality services
faster and at competitive rates.
In August 1996, the Department of Energy (DOE) awarded multiple award
contracts to four contractors for environmental management services. Also, in
September 1996, the Social Security Administration awarded multiple award
requirements contracts to four consulting firms for quick turn-around, short
term research and evaluation studies, projects, and analyses. In the same month,
the Office of Personnel Management (OPM) awarded 16 multiple award ID/IQ task
order contracts for training and management assistance services.
CHAPTER 3 STRUCTURE OF MULTIPLE AWARD CONTRACTS
Developing the Statement of Work
The statement of work for multiple award contracts must reasonably describe
the general scope, nature, complexity, and purpose of the services or supplies
to be acquired to enable potential offerors to decide whether to submit offers.
Although agencies have the flexibility to use a broad statement of work, it
should not be so vague that it fails to describe the general purpose of the
contract or that subsequent orders could be challenged as being outside the
scope of the contract. The requirement that orders be within scope is critical
since protests can be filed on the grounds the order increases the scope,
period, or maximum value of the contract. Therefore, as part of acquisition
planning, it is in an agency's best interest to ascertain the maximum scope of
work that could be required during contract performance and structure the
statement of work accordingly.
BEST PRACTICE:
- During acquisition planning, COs, program officials, and industry
should work together to develop a clear statement of work.
With the authority to specify the details of their requirements in individual
orders, agencies should be able to satisfy more of their requirements without
the delay and burden of awarding separate contracts with a narrower scope of
work. If, however, specific requirements for services can be clearly defined so
it is more feasible to use a performance-based service contract, or to award a
single prime contract under the 8(a) Program or as a set-aside to help meet
small business goals, that may be a preferable acquisition strategy.
Solicitation Requirements
FAR 16.506 specifies the solicitation provisions and contract clauses to be
included in solicitations for indefinite quantity contracts that result in
multiple contract awards. In addition to required provisions and clauses,
solicitations for multiple award contracts shall include:
- The period of contract, including all options;
- Minimum and maximum quantities or dollar value of supplies or services to
be acquired under the ID/IQ contract;
- General statements of work, specifications, or other descriptions that
reasonably describe the general scope, nature, complexity, and purpose of the
supplies or services;
- Ordering procedures; and
- The selection criteria used to provide awardees a fair opportunity to be
considered.
Some multiple award contracts are structured to have several distinct
functional areas or groups of services. A minimum and maximum dollar value for
each area may be useful to both agencies and vendors.
The "fair opportunity to be considered" process applies to the placement of
orders after contract award. Placement of orders is exempt from the FAR Part 6
competition requirements. When developing the solicitation for a multiple award
contract, however, agencies should comply with applicable requirements for
competition in FAR Part 6, unless otherwise exempt by law.
Agencies must ensure that the ordering procedures and selection criteria for
providing awardees a fair opportunity to be considered for orders are clearly
defined in the solicitation so contractors are aware of the process to be used.
This allows the awardees to respond easily and quickly to government
requirements.
GSA, in its FEDSIM multiple award contract for IT services, included the
ordering procedures in the solicitation but allows for refinement of the
procedures throughout the contract. GSA established a "FEDSIM Advisory Board,"
consisting of the CEO, President, or Vice-President from each awardee, which
meets periodically to discuss, among other things, ordering procedures and
planned requirements. The meetings are very informative with open and candid
communications between industry and government officials. GSA contends that more
open communications occur because the awardees know it is in their best
interests to make this process work since, among other things, award of orders
is not protestable.
BEST PRACTICE:
- Continuously seek contractor input to improve the efficiency and
effectiveness of the ordering process.
In developing the ordering procedures and "fair opportunity to be considered"
criteria, agencies should ensure that these procedures and criteria do not
conflict with other solicitation provisions. For example, some field offices
within DOE include in their ordering procedures an "order of precedence"
provision that states:
The ordering procedures are of a lesser order of precedence than the
"limitation of funds," "completion date," "term of contract," or "level of
effort" clauses of the contract. The contractor is not authorized to incur costs
on task assignments which are not in compliance with any of those clauses in the
contract.
Task order contracts, especially those for advisory and assistance services,
with a long period of performance, a broad statement of work, and on-site
performance potentially can result in conflicts of interest, performance of
inherently governmental functions, or an employer/employee relationship,
particularly if the contractor becomes an integral part of the agency
operations. Some agencies use contract provisions to help avoid these problem
situations; for example, the following provision has been used to protect
against creation of a personal services contract.
This contract is a "nonpersonal services contract" as defined in FAR
37.101. It is, therefore, understood and agreed that the contractor and/or the
contractor's employees: (1) shall perform the services specified herein as
independent contractors, not as employees of the government; (2) shall be
responsible for their own management and administration of the work required and
bear sole responsibility for complying with any and all technical, schedule, or
financial requirements or constraints attendant to the performance of this
contract; (3) shall be free from supervision or control by any government
employee with respect to the manner or method of performance of the services
specified; but (4) shall, pursuant to the government's right and
obligation to inspect, accept or reject the work, comply with such general
direction of the CO, or the duly authorized representative of the CO as is
necessary to ensure accomplishment of the contract objectives.
Determining the Number of Contract Awards
Agencies have the flexibility of specifying the number of awards the
government reasonably estimates it will award from a particular solicitation.
Pre-solicitation market research indicating the number of capable contractors
assumed to be available, and the size, complexity, and scope of the requirement
are all factors to be weighed when determining what a "reasonable" number of
awards should be. For example, with smaller, more technical requirements, three
to five awards may be considered reasonable. The likelihood that the work can be
effectively divided among sources, the funding available to support minimum
quantities, and the costs and resources needed to administer a number of
contracts must be considered up-front as well.
A lesson learned from the Volpe Center contract, when determining the number
of awards, is that careful consideration should be given to realistically
analyzing the requirements. Volpe Center contract administrators have found that
awarding too many contracts results in overly optimistic expectations on the
part of contractors. For example, if an agency awards ten contracts, it should
have enough work so all ten contractors can receive a reasonable number of task
or delivery orders, assuming they remain competitive during the life of the
contract. After a period of time, if they do not receive sufficient work,
contractors may find that it is not cost effective to submit proposals or to
maintain a staff available to perform work under the contract. This is
particularly true of small business concerns. For this reason, the Volpe Center
found that awarding fewer contracts, such as five or six, results in better
competition, better proposals, and improved working relationships with
contractors.
BEST PRACTICE:
- Make a reasonable number of awards which ensures competition but
keeps the ordering process from being overly burdensome.
Streamlining Development of the Solicitation
NIH used an interactive decision support system to expedite development of
the solicitation for its Image World (image and document management solutions)
acquisition. The process allowed firms who responded to the sources sought
Commerce Business Daily (CBD) notice to become pre-qualified to participate in
developing the solicitation. All pre-qualified firms were allowed to submit
proposals under the final Request for Proposal (RFP). The goal was to expedite
the process of providing draft RFPs to industry and obtaining their feedback, a
process which can take six months to a year to finalize. Using a computer-based
decision support system, NIH was able to conduct interactive vendor electronic
conferences to review draft RFPs.
The prospective offerors were scheduled in groups in four separate half-day
sessions to review the draft RFP. NIH used group software tools to help industry
build consensus and reduce project time while monitoring, supporting, and
documenting the discussions and processes involved. The Program Manager, CO, and
contract specialists facilitated RFP discussions by reviewing key parts of
Sections C, L, and M of the RFP. As each of the elements of the respective RFP
sections were projected on a large screen and simultaneously on individual
computers, vendor participants were allowed to enter comments and share ideas on
a specific section or specific issue. As comments were entered, they were
electronically transmitted to other participants who could add to the comment or
begin a new idea. The NIH facilitators then obtained consensus for each section
of the draft RFP. At the conclusion of each group session, participants were
provided the consensus results for that session. Each succeeding group was
provided the previous cumulative comments while the facilitators provided
consistency among the issues and groups. The final version of the consensus
results were provided on the NIH homepage for all potential offerors to view.
From the intense interactive process with potential offerors, the resulting RFP
for Image World was available in days rather than months. Communication not only
increased between industry and government, but also among the potential
offerors.
BEST PRACTICES:
Use an interactive solicitation development process to:
- Shorten RFP development from months to days;
- Increase communication between industry and government; and
- Increase understanding of the requirements through a dynamic
interactive approach.
Pricing
The FAR provides COs with wide latitude to select the pricing arrangement
that will result in the best value for the government considering such factors
as cost control and quality performance by the contractor. FAR 16.501-2(c)
states that any appropriate cost or pricing arrangement may be used. Task or
delivery orders may be firm-fixed price, cost reimbursement, time-and-materials,
labor-hour, or some combination of these arrangements. For example, DOT's ITOP
contracts combine different methods of pricing, and include applicable clauses
for all the pricing methods in the contracts.
Some agencies even issue task or delivery orders with different pricing
arrangements, specifying which clauses apply to which line items. However, most
agencies prefer to keep fixed price orders and cost reimbursement orders
separate. When combining various types of pricing arrangements in multiple award
contracts, agencies must ensure the contractor's accounting system is adequate
for supporting each type of pricing method. For example, when firm-fixed price
and cost reimbursement pricing methods are combined in a contract, it is
essential that a contractor's accounting system be adequate for providing valid
cost or pricing data for firm-fixed price tasks when required by the Truth in
Negotiations Act and adequate for determining actual costs applicable to the
tasks for cost-reimbursement pricing methods.
Cost or Pricing Data
COs are prohibited from seeking cost or pricing data for orders if the price
of the order is based on adequate price competition. In this regard, FAR
16.505(b)(3) makes clear that the "competing independently" requirement for the
adequate price competition exception in the Truth and Negotiations Act is met in
two ways:
- the price for the supplies or services is established in the contract at
the time of award (e.g., time and materials contracts with fully loaded labor
rates or firm fixed price contracts); or
- the CO solicits offers from two or more awardees when the price for the
supplies or services is not established in the contract at the time of
contract award.
Therefore, for cost-type contracts, which by their nature do not have a fixed
price at contract award, the CO would have to solicit offers from at least two
companies to satisfy the "competing independently" requirement for that
particular order.
Price Changes and Technology Refreshment
Agencies should structure their contracts for supplies to include provisions
that will allow the government to take advantage of price changes and technology
advancements to get the best deals for the government. NASA, in its scientific
and engineering workstation procurement (SEWP) multiple award contracts,
includes a technology upgrade clause that allows the contractors to furnish
upgrades or new products in accordance with the prices and discounts set forth
in the contract. Contractors can also offer "fire sales" or "end-of-the-year
sales" and make these prices available to customers the same day.
Small Business Considerations
Agencies use ID/IQ task order contracts to fill recurring requirements for
services. The size and scope of these contracts could prevent small businesses
from competing even though these firms have demonstrated their ability to be
competitive in providing professional and technical services. Agencies are
encouraged to structure solicitations for multiple award contracts in such a
manner that will guarantee small and small disadvantaged business firms an
opportunity to win prime contracts, which then will allow them to compete for
individual orders under the contracts.
COs should work closely with program officials and Directors of the Offices
of Small and Disadvantaged Business Utilization (OSDBU) regarding the planning
of multiple award contracts so small and small disadvantaged business
opportunities can be identified early in the acquisition planning process. This
allows the small business officials to inform the program office of the
qualified small and small disadvantaged business firms that can perform segments
of the work. Business strategies such as teaming arrangements can be discussed
in an effort to maximize opportunities for these firms. Teaming arrangements not
only increase business opportunities for small and small disadvantaged
businesses, but also expand the skill mix of the team.
DOT, under its ITOP contract, structured award of its prime contracts to
allow at least one "full and open" award, one competitive small business
set-aside award, and one competitive 8(a) award in each functional area. DOT
divided its IT requirements into three functional areas: information system
engineering, systems/facilities management and maintenance, and information
systems security. Task orders are competed among all firms within a functional
area irrespective of whether the firm is 8(a), small business, or large
business. Ten of the prime contracts awarded under ITOP went to small and small
disadvantaged businesses. This afforded them the opportunity to compete against
other qualified firms for the individual task orders in their functional area of
expertise. Under its Volpe Center research and development contract, DOT noticed
the lack of small business participation in the information systems engineering
functional area of its previous contract. The recompetition of these services
included a small business set-aside in that functional area.
Another example of structuring contracts to fully utilize small and small
disadvantaged businesses is the GSA FEDSIM contract for IT support services. Two
of the eight awardees are small businesses, which compete head-to-head with the
other awardees for task orders. The small business primes also may team with the
large business prime contractors to obtain work under these contracts.
For multiple award contracts that require a subcontracting plan, agencies
also have demonstrated success in improving subcontracting opportunities for
small and small disadvantaged business firms under these contracts. One method
being used is to assign appropriate weight to the quality of the contractor's
subcontracting plan or past performance under earlier plans as an evaluation
factor or subfactor in the overall competition for the contract. COs should make
clear to awardees that their performance in this area will be reflected in their
record of past performance for future awards. Some agencies also include
mandatory subcontracting commitments for awards to small and small disadvantaged
business firms in their multiple award contracts.
Use of Streamlined Techniques to Award Initial Contracts
Agencies should take advantage of streamlined contracting techniques to award
the initial multiple award contracts. These techniques will simplify the source
selection process, reduce contractors pre-award proposal preparation costs, and
provide customers with goods and services much faster. For example, DOT awarded
the ITOP contract in about six months from the receipt of proposals by
incorporating a number of acquisition reforms into the source selection process.
They included:
- Using electronic dissemination of information, which accelerated the
response time and analysis.
- Enforcing page limits. Proposals were limited to 50 pages, double spaced,
with an accompanying 10 minute videotape.
- Using past performance as the primary evaluation factor. The vendors were
required to have customers prepare the evaluations and send them directly to
the evaluation team.
- Performing pre-proposal screening which involved evaluating offers against
a preliminary checklist to determine responsiveness prior to forwarding the
offerors technical proposal to the evaluation team. This process allowed
multiple evaluation teams within each functional area to be synchronized with
matching evaluation criteria to facilitate easier consolidation of results.
- Using automated evaluation tools which provided a quick, summarized,
visual representation of the most qualified proposals.
- Comparing proposed labor rates against marketplace averages for standard
labor categories, which simplified the cost evaluation.
- Making awards without discussion based upon high-level, overall evaluation
of offerors capabilities.
CHAPTER 4 ORDERING PROCEDURES
Congress recognized that without streamlined order placement, the quality
benefits and cost savings made possible by continuous competition might be
outweighed by excessive expenditures of time and administrative resources.
Placement of orders is exempt from CICA full and open competition requirements
because up-front competition is conducted for the initial multiple award
contracts. FASA, therefore, exempted agencies from the requirement to synopsize
requirements for orders in the CBD and prohibited contractors from protesting
award decisions for orders.
The FAR Subpart 16.5 guidance encourages agencies to use streamlined and
simplified procedures when issuing orders under multiple award contracts. COs
have broad discretion in issuing orders and should consider such factors as past
performance, quality of deliverables, cost control, price or cost, or other
relevant factors. In considering these factors, obtaining written proposals or
holding discussions with awardees is not always required. Formal evaluation
plans or scoring of quotes or offers are not required.
When developing ordering procedures for multiple award contracts, agencies
are encouraged to review their traditional ordering procedures used in single
award ID/IQ contracts and develop more streamlined and simplified procedures in
order to take advantage of the flexibilities envisioned by FASA and the FAR
guidance.
COs need not contact awardees prior to issuing an order if they have
information such as price sheets or catalogs available to determine the best
price and value for the government. This practice is often used when buying COTS
products under multiple award contracts.
BEST PRACTICE:
- Use simplified procedures and award documentation when issuing orders
under multiple award contracts.
Performance-Based Statement of Work for Orders
The statement of work at the task order level should clearly define the
specific services being procured under the order. When defining requirements for
services, agencies, to the maximum extent practicable, should use
performance-based work statements with measurable performance standards. A
performance-based work statement defines the government's requirements in terms
of the objective and measurable outputs. The work statement should provide the
awardee with answers to five basic questions: what, when, where, how many or how
much, and how well. It is important for the statement of work to accurately
answer these questions in order to allow the awardee the opportunity to
accurately assess resources required and risks involved.
Performance requirements are statements describing the required services in
terms of output. The performance standards establish the performance levels
required by the government. Performance standards should clearly express the
outputs in clear, concise, commonly used, easily understood, measurable terms.
They should avoid detailed procedures that dictate how the work is to be
accomplished. Agencies should ensure that each standard is necessary, carefully
chosen, and not unduly burdensome. The government should carefully establish the
quality level at which performance standards are set in the performance work
statement. If the quality level is too low, it may act as a disincentive to good
contractor performance. Conversely, the minimum acceptable performance standard
should rarely be 100 percent, since the standard directly affects the cost of
the service.
Performance-based service contracting encourages and enables the use of
fixed-price task orders to obtain optimal performance. Fixed-price task orders
are appropriate for services that can be defined objectively and for which risk
of performance is manageable. For such task orders, performance-based statements
of work, measurable performance standards, and surveillance plans should be used
to the maximum extent practicable.
For additional information on performance-based service contracting, consult
OFPPs April 1996 "Best Practices
Guide for Performance-Based Service Contracting." The guide may be
obtained from the Office of Publications at the address set forth in the
Foreword to this guide.
BEST PRACTICE:
- The use of performance-based work statements should result in more
task orders being fixed-priced.
Work Orders Within Task Orders
The statement of work for task orders must clearly define, in
performance-based terms whenever possible, the requirements to be procured under
a multiple award contract so the awardees can develop a meaningful proposal that
meets the government's requirements. COs should apprise customers and program
officials that the intent of FASA is for awardees under multiple award contracts
to compete for well-defined tasks, not for undefined tasks that are later
defined by sole source work orders issued to the selected awardee. Agencies
should not award large, undefined task orders in an effort to expedite the award
only to issue subsequent sole source work orders or broadly interpreted
technical direction letters.
Delegation of Procurement Authority to Other Agencies
Although multiple award contracts may be used by other agencies to satisfy
their mission needs, the contracting agency awarding the contracts is ultimately
responsible for ensuring that these contracts are properly administered. Should
the contracting agency delegate procurement authority to other agencies to issue
orders, procedures should be developed to ensure that all awardees are provided
a fair opportunity for consideration prior to award of an order. Prior to the
delegation, the contracting agency should meet with the ordering agency to
explain the specific responsibilities of the delegation, and subsequently hold
meetings with the contractors and customers to ensure that contract requirements
are being met. Without clearly defined procedures, there is a heightened risk
that unauthorized sole source orders or orders outside the scope of the contract
may be issued.
Streamlining Ordering Techniques
Some ideas for streamlining selection and ordering are presented below. These
"Best Practices" can also be used to streamline the initial contract award.
Agencies should aggressively use these, and other streamlined techniques, such
as limiting the length of the written proposals, in the initial award to
minimize bid and proposal costs.
Comprehensive cost and technical proposals for the award of individual task
or delivery orders should be avoided. Information requested from contractors
should be the minimum necessary to ensure they understand each task or delivery
order and, at the same time, provide sufficient information for the government
to determine who should receive the order. A streamlined ordering process is
highly encouraged because it minimizes cycle time and the administrative burden
on both parties.
Use of Oral Presentations
Agencies appropriately have concluded that obtaining written proposals is not
always required before selecting an awardee for a task or delivery order. Many
agencies now use oral presentations as a substitute for a portion of the
traditional written proposal in competitively negotiated procurements. Agencies
also set page limitations for the written portion of the proposal.
The use of oral presentations:
- may reduce time and costs associated with the source selection process;
- may reduce proposal preparation costs;
- allows all parties a more thorough understanding of the requirements; and
- improves the exchange of information between the government and the
offerors.
Using oral presentations, the Department of the Treasury's Financial
Management Service (FMS) awarded a $250,000 task order to study payment
processes and performance benchmarking less than one month after issuing the
statement of work and spending a total of just three days to evaluate three
awardees. The awardees had approximately three weeks from receipt of the
statement of work to prepare a two-hour oral presentation for the technical
evaluation team. In the course of one day, the team heard a contractor's oral
technical presentation, scored the presentation, asked follow-up questions and
clarified contractor concerns, permitted the contractor a short period to change
its price or technical proposal, and arrived at a consensus score based on the
contractor's revised proposal. FMS concluded that the benefit of oral
presentations is not just saving time. Oral presentations also result in more
open communication between industry and government and an increased
understanding of the work to be performed and the contractor's approach.
GSA also successfully used oral presentations to select awardees for orders
under its FEDSIM multiple award contracts for IT support services. Oral
presentations were used on the evaluation of a $12 million order against a
FEDSIM contract on behalf of the Patent and Trademark Office's Patent
Application Location and Monitoring (PALM) effort, which cut the award time to 4
l/2 weeks.
The FAA and GSA both have videotaped oral presentations. The FAA provided the
tapes to its evaluators at a later time more convenient to their schedules. When
using videotapes, the CO should ensure that an offerors key contract
participants (e.g. principal investigator, project manager) present the
technical proposal, in lieu of actors. Be sure to allow sufficient time to make
necessary arrangements. Several agencies experienced difficulties obtaining
sufficient conference room space and scheduling time to present the proposals.
When deciding whether or not to use oral presentations, good business
judgement is required. Oral presentations, in some cases, can be more costly for
industry than streamlined written proposals. Preparing a team to give the oral
presentation can be expensive. Travel costs can be significant when the
contractor is required to make an oral presentation to customers and contracting
officials that are not located in the same general area as the contractor. In
this situation, consider video-teleconferencing.
For additional information on the use of oral presentations, consult the
March 1996 "Guidelines for the Use of Oral Presentations" issued by the Procurement Executives Association.
The guidelines may be obtained by faxing a request, including name and address,
to the Department of Energy, FAX Number 202-586-1025.
BEST PRACTICES:
- Consider using oral presentations to reduce lead time and
contractors proposal preparation costs. Use good judgement to ensure that
travel costs do not become excessive.
- Plan ahead for oral presentations to allow sufficient time for
scheduling of conference room space and evaluators attendance.
- If written technical proposals are required, use page
limitations.
Non-Mandatory versus Mandatory Proposal Submission
One issue in order placement is whether it should be mandatory for awardees
under multiple award contracts to respond to each order requirement. Although
some agencies believe that mandatory proposals ensure competition for each
order, agencies are encouraged to structure the ordering procedures so that
awardees need not respond to every requirement for a task or delivery order. The
use of "non-mandatory" proposal submissions affords awardees the flexibility to
determine on which tasks they should expend proposal preparation costs.
Furthermore, there may be legitimate reasons, such as limited capacity to
perform, for an awardee not to submit a proposal for a particular task. Agencies
can also require awardees to submit a "No Bid" response if they are unable to
perform a requirement, including a brief statement as to the reasons why they
chose not to respond.
For additional guidance on how the government reimburses contractors for
proposal preparation costs for task orders under multiple award contracts, refer
to the section on "Recovery of Proposal Preparation Costs" at the end of this
Chapter.
Decentralized Ordering
Under multiple award contracts for COTS, decentralized ordering may allow
program offices to reduce the administrative burden associated with issuing
orders. For example, NASA used such an approach in its SEWP ID/IQ contracts for
computer hardware. This process enables customers, including those from other
agencies, to place orders easily without having to transfer funds to NASA
headquarters. The ordering agency competes the orders in accordance with the
fair opportunity procedures set forth in the multiple award contracts. All
orders are forwarded to NASA prior to being sent to the vendors. If the order
does not exceed the contract ceiling, certain data is collected and the order is
forwarded to the vendor. Full data for the order is captured after the vendor
provides a configuration check to ensure that the hardware is appropriate for
the particular application. Each order is entered into the NASA database, either
electronically by the ordering agency or a copy is forwarded to NASA for data
entry, so that the total dollars obligated can be tracked. This process also
gives customers the flexibility to use their local ordering forms rather than a
NASA specific form. When using decentralized ordering, the servicing agency
should develop ordering procedures and make them available to the ordering
agencies.
Use of Handbooks, Standard Forms, and Conferences
An essential aspect of multiple award contracting is for program officials
and customers to understand the terms and conditions of the contract. Several
agencies have issued publications that provide more information on the fair
opportunity process, contract scope of work, roles and responsibilities of
individuals involved in the process, steps used in the ordering process, and
sample documents. These publications are especially helpful to customers when
multiple award contracts are issued for multi-agency use, but they can be
tailored for use by any agency. References to handbooks that have been developed
for some multiple award contracts are included in Appendix 1.
Some agencies hold post-award conferences with their multiple award
contractors to provide them information on these topics. The technical and
program officials are invited to participate in the session, which allows for
face-to-face interaction with the contractors.
In conjunction with handbooks, some agencies provide electronic tools to aid
the customer in placing orders. These tools can include electronic form
completion and submission, on-line questions which, depending on the response
chosen, walk the user through the ordering process, "chat rooms" for customers
to share experiences, and "Frequently Asked Questions" (FAQ) files.
BEST PRACTICE:
- Developing publications which describe the fair opportunity and
ordering process helps when multiple award contracts are issued for
multi-agency use.
Using Past Performance as an Evaluation Factor
Past performance is a key evaluation factor for both award of the initial
contract and award of subsequent orders. Past performance information refers to
how well a contractor performed on previously awarded contracts or task or
delivery orders under the current contract. Performance-based statements of work
make the evaluation of past performance much easier, because a contractor's
performance is measured against established performance standards in the
contract and the quality assurance plan. Past performance information is
gathered based on evaluations provided by the program, technical, and
contracting offices, and, where appropriate, end users of the product or
services. As referenced in OFPPs "Best Practices Guide
for Past Performance," the FAR states that the evaluation of an
offerors past performance is now mandatory for contracts of $1 million and
above. Agencies also are encouraged to conduct past performance evaluations on
contracts below $1 million, as appropriate.
The government often does business with contractors that have no past
performance record (for example, a newly formed business or a company dealing
with the government for the first time). In such cases, agencies should look at
the past performance of the key personnel when those individuals were employed
by other firms. When there is no past performance record for the key personnel
in a newly formed company, the CO should assign a neutral past performance
rating during source selection.
Now that agencies are using past performance as an evaluation factor in the
award of multiple award contracts and issuance of subsequent orders, program and
technical officials must realize that their past performance ratings of
contractors are critical. As a normal part of contract administration, these
evaluations must be completed timely in accordance with agency guidance. Which
awardee will provide future work in support of their programs is now largely
influenced by those ratings.
Using Past Performance in Order Placement
Past performance can be used as an initial screen to determine which awardees
will receive further consideration for a task or delivery order. The Internal
Revenue Service (IRS) uses a past performance evaluation system to assist in
selecting awardees to perform tasks under its Treasury Information Processing
Support Service (TIPSS) contracts. Each of the multiple awardees receives
sufficient tasks in the first year to satisfy their guaranteed minimum and
provide a baseline of performance data. Both the Contracting Officers Technical
Representative (COTR) and the contract administrators each quarter rate the
contractors on all active tasks. In the second year and beyond, contractors that
perform above a certain minimum level continue to receive tasks, while poor
performers are not considered until performance improves. Unless an exception
applies, such as sole source, urgency, or special needs, orders are issued
within specialized task areas according to relative performance scores among
contractors.
Past performance is also used by GSA in its FEDSIM multiple award contract
for IT support services and by DISA in its follow-on DEIS II multiple award
contract. HHS, in the multiple award contract for audit services, developed a
customer satisfaction survey, which was reviewed by the awardees prior to its
implementation, to build a record of past performance. The data generated from
the survey process will be used to award orders based on low price and past
performance. Other agencies that use past performance rating systems hold
meetings with contractors experiencing performance and quality problems and work
with them to ensure their quality improves so they can be considered for future
orders.
Past performance is the foundation of the DEIS II fair opportunity process.
DISA created the DEIS II past performance database, which is populated with past
performance data collected during the proposal evaluation for the initial
contract award. This performance data is utilized in Step 1 of the fair
opportunity process when the multiple awardees performance in specific
technical, functional, and/or organizational areas is compared to the respective
areas required under the statement of work.
Due to the significance of past performance in the initial screening process,
performance data is updated continuously. As task orders are awarded and actual
performance is completed and evaluated under the contract, current performance
information is added to the original past performance information in the
database. The current performance data is collected in conjunction with the
customer's surveillance and evaluation efforts through the submission of interim
and final task order and deliverable evaluations.
Other agencies also retain all past performance information. Subsequent
improvement by a contractor, or superior performance following an "average" past
performance rating, is an important consideration. Conversely, "good"
performance following an excellent past performance rating is information that
may be just as critical to a government evaluation.
To ensure that accurate performance information is reported, task monitors
must develop and implement a quality assurance surveillance plan for each task
order under the contract. The surveillance plan should address the methods of
objective/subjective observation and identify specific performance measures.
Through the use of these techniques, the contractor's performance, such as
timeliness and quality of deliverables, can be tracked and reported in task
order and deliverable evaluations. This guarantees that accurate performance
data is used to refresh the past performance database.
Past performance on cost/price control under previous task orders can be used
as a factor in selecting a contractor for a task order. In addition to
considering the quality of a contractor's performance under previous tasks, COs
may also evaluate how the contractor is controlling costs in performance of
previous tasks. This can be done by comparing the contractor's actual costs with
the contractor's estimated costs to perform the work. Also, past performance on
cost/price control can be used as an initial screen to determine who will
receive further consideration for a particular task order.
For additional information on the use of past performance, consult OFPPs May
1995 "Best
Practices Guide for Past Performance." The guide may be obtained from
the Office of Publications at the address set forth in the Foreword to this
document.
BEST PRACTICE:
- Past performance on earlier tasks under the multiple award contract,
including past performance on cost or price control, may be used to determine
which awardees should be considered for future tasks.
Recovery of Proposal Preparation Costs
The recovery of proposal preparation costs when awardees respond to
requirements for orders under multiple award contracts is being discussed by the
Cost Accounting Standards Board (CAS Board). Until the CAS Board rules on this
issue, our preliminary views are set forth below.
Agencies should be mindful of the costs that contractors will incur to
provide proposals (either oral or written) in response to requirements for task
or delivery orders, especially if "formal" technical proposals are required.
Agencies should structure their ordering procedures so that awardees need not
respond to each requirement for a task or delivery order. Non-mandatory proposal
submission saves contractors proposal preparation costs since they can choose
the tasks for which they submit a proposal.
Normally bid and proposal costs are charged as indirect costs to the
contractor's G&A expense pool. If, however, the government requires in the
solicitation (as a condition of the contract) that proposals (oral or written)
be submitted in response to each task or delivery order requirement, in order to
comply with the fair opportunity standard, proposal preparation costs may be
charged as a direct cost, if it is the contractor's disclosed or established
practice to do so. (Generally, each task order must be an actual or expected
cost objective.) In such cases, a separate line item or program management task
is normally included in the task order.
Contractors covered by the CAS must be consistent in charging these costs,
either as direct or indirect (CAS 402). Those contractors not subject to CAS are
also required by FAR 31.202 to consistently charge these types of bid and
proposal costs (required in the performance of the contract) as direct or
indirect. Some agencies have included special provisions in their contracts
which state that contractors are responsible for determining the most
appropriate method for recovering proposal preparation costs (either as direct
or indirect costs) so long as the practice is consistently applied.
CHAPTER 5 FAIR OPPORTUNITY CONSIDERATIONS
Agency Flexibility
FASA requires that each awardee under multiple award contracts be given a
fair opportunity to be considered for each order in excess of $2,500, unless an
exception applies. The few requirements set forth in the statute for placing
orders under multiple award contracts are designed to give agencies considerable
leeway and minimal burden. COs have broad discretion to determine how work will
be issued to awardees under multiple award contracts, provided the procedures
and selection criteria to be used are set forth in the solicitation and
resulting contract and do not result in consideration of less than all awardees.
Allocation or "equitable distribution" of orders, or placing order ceilings
(under which the total value of orders must stay for each contractor), is
contrary to the intent of FASA. Agencies should adhere to FAR 16.505(b), which
expressly prohibits this practice.
The FAR also states that, in determining the procedures for providing
awardees a fair opportunity to be considered, COs should use good business
judgment to determine appropriate methods for considering factors such as past
performance, quality of deliverables, cost control, price or cost, or other
factors that are relevant to the placement of orders. Agencies must ensure that
procedures for issuing orders and providing awardees a fair opportunity to be
considered are clearly outlined in the initial multiple award solicitation and
contract.
Exceptions to Fair Opportunity to be Considered
The requirement for fair opportunity consideration does not apply to orders
under $2,500, or to orders above $2,500, where the CO determines that:
- the need for the supplies/services is of such urgency that providing such
opportunity would result in unacceptable delays;
- only one contractor is capable of providing the supplies/services required
at the level of quality required because the supplies/services are unique or
highly specialized;
- the order should be issued on a sole-source basis in the interest of
economy and efficiency as a logical follow-on to an order already issued
provided that all awardees were given a fair opportunity to be considered for
the original order; or
- it is necessary to place an order to satisfy a minimum guarantee.
When a requirement for an order exists and the CO anticipates that the order
will be directed to a particular awardee, contracting officials should determine
if one of the exceptions apply prior to providing awardees an opportunity to
compete for the work. This avoids the situation where contractors compete
inappropriately for that work.
Although the four exceptions to the "fair opportunity to be considered"
standard are statutory, contracting officials are encouraged to provide
additional guidance in their selection criteria and ordering procedures as to
when it may be appropriate to use one of the exceptions.
Only One Contractor is Capable
The Defense Information Systems Agency (DISA) and NIH include additional
guidance in their DEIS II and CIO-SP procedures, respectively, for the use of
the "only one contractor is capable" exception. The guidance states that the
exception may be appropriate when the statement of work for the order is
required to be written in a manner that would reveal proprietary information of
a specific awardee. Proprietary information could include a single awardees
technical or intellectual solution or a unique method of solving problems. This
could alleviate the potential for "technical transfusion" as prohibited by FAR
15.610(e)(1).
Logical Follow-on
The "follow-on exception" to fair opportunity permits agencies to award a
follow-on task order on a sole-source basis provided all awardees are given an
opportunity to compete for the original order. If the original order is issued
on a non-competitive basis, however, the follow-on order must be competed.
Program officials and customers should also avoid situations where the
requirements for the competed original task order are insignificant in dollar
value, only to be followed by sole-source task orders that are much broader in
scope and dollar value. This practice may be construed as contrary to the fair
opportunity process.
Minimum Guarantee
DOT, in its ITOP contract, allows each contractor to receive up to $3 million
annually in directed task orders that result from the contractor's marketing
efforts. (In these cases, customer would specify which contractor they wanted to
perform the task order.) This provision is included in the minimum guarantee
clause of the contract. However, ITOP contractors may only receive these
directed orders through the application of one of the above exceptions to the
fair opportunity process or to meet a program preference goal required by the
Small Business Act. While compliance with this practice may avoid unauthorized
sole source orders, agencies should avoid large minimum guarantee provisions in
their multiple award contracts that could circumvent the policy of allowing
awardees a fair opportunity to be considered.
The required "minimum guarantee" under ID/IQ contracts can also be used to
establish a past performance record for the contractors.
Program Officials and/or Customers Involvement
Agencies have considerable flexibility in developing the procedures for
providing awardees a fair opportunity for consideration when issuing orders
under multiple award contracts. Agencies also have broad discretion in
determining how the fair opportunity to be considered process is conducted, and
the extent to which program officials or customers are involved.
The degree of involvement of program officials and/or customers in the fair
opportunity process varies from agency to agency. Program officials and/or
customers initiate the requirements and usually are well qualified to assist in
making a best value judgment. DISA and NIH authorize customers to perform most
of the process, pending final approval by the CO. Good coordination and
communication between contracting and program officials is essential to making
this process work. Although the CO is responsible for ensuring that the
government enters into a legally binding contract, COs may seek input from the
program and technical officials when determining which awardees will be afforded
an opportunity to compete for orders under these contracts. Agencies are
encouraged to use whatever method best works within their organizational
structure, bearing in mind that only the CO is authorized to award the task or
delivery order.
Training for program officials and customers becomes even more important as
they become more involved in the fair opportunity process. We recommend
supplementing basic COTR courses with basic procurement courses that cover
topics including procurement planning, contracting by negotiation, cost and
pricing techniques, and performance-based service contracting (for task orders).
BEST PRACTICES:
- Good communication between the contracting office and
program/technical office is essential when determining fair
opportunity.
- Technical/program personnel involved in the fair opportunity process
should be well trained in the use of multiple award task and delivery order
contracting.
Competing Orders for Products vs. Services
Under multiple award delivery order contracts for COTS products, especially
products for IT, prices are typically set forth in price sheets and are often
available electronically on bulletin boards for customers to select the products
that best satisfy their needs and take advantage of the competitive forces of
the marketplace. As long as the CO or customer can easily compare the various
prices and products being offered under these contracts, awardees have been
given a fair opportunity to be considered. Requiring each awardee to develop a
separate "proposal" or conducting negotiations with each awardee prior to
awarding a delivery order is not necessary, unless the CO believes the
information provided on the price sheets is insufficient to make an award in the
best interest of the government (see FAR 16.505(b)).
In the case of multiple award task order contracts for services, the receipt
and evaluation of proposals typically is necessary to better understand and
define the services being procured and to take advantage of competition amongst
the awardees to obtain best value. Agencies, however, should simplify and
streamline the negotiation process as much as possible.
Examples of the Fair Opportunity Process
Several examples of the ways different agencies set up their procedures for
providing awardees a fair opportunity for consideration are listed below. If
more information is desired on the examples provided, please contact the agency
point of contact listed in Appendix 1.
DEIS II Fair Opportunity Consideration Process
An example of how to provide awardees a fair opportunity for consideration is
to use a customer driven, best value scenario similar to what DISA has adopted
for the DEIS II contract. Under the DISA approach, the customer/program official
is responsible for providing the multiple awardees with a fair opportunity for
consideration for task orders under a two-step process. The customer, as the
financier of the requirement and the person having the greatest knowledge of the
work to be performed, determines what constitutes best value. An outline of the
DEIS II two-step process is shown in Appendix 2.
Step 1 of the DEIS II fair opportunity process begins with the submission of
a mission related, outcome oriented, performance-based statement of work (SOW).
Using the DEIS II past performance database, all of the multiple contract
awardees are screened by the customer/program official. Based on the specific
technical, functional and/or organizational areas required under the SOW, the
awardees with the greatest potential for fulfilling the task requirement are
identified. The outcome of this screening process is a list of at least two
awardees which the customer must afford a fair opportunity for consideration.
However, the customer can invite additional awardees to participate in the
process.
Step 2 of the DEIS II fair opportunity process is the post-screening
competitive process which is conducted by the customer. Under this step, the
customer supplies the participants with the SOW and a letter requesting a
high-level oral presentation or "white paper." [Note: Some agencies no longer
use the term "white paper" due to contractors complaints that it is confusing.
Such terms as streamlined "task order proposal" may be more appropriate to use.]
The request letter must include the selection criteria and methodologies the
customer will use to make the "best value" decision. The request letter may also
include an estimate of the total dollars the government has budgeted for the
requirement. Based on this estimate, the contractor could then provide their
best technical solution considering the total anticipated funding available. In
addition, the letter should also identify a page/slide limitation which
considers a reasonable and realistic balance between the complexity of the
requirement with the goal of ensuring a streamlined and economical process.
In response to the request, the contractor prepares an oral presentation or
white paper. The oral presentation or white paper should address:
- the contractor's accomplishments and experience in performing the work
required under the SOW,
- the contractor's technical approach,
- a high level estimate or rough order of magnitude of the cost for
completing the required work, considering the funding available, if identified
by the government, and
- other relevant information in support of a best value decision.
It should be noted that the contractor may also decline to participate in the
process by responding to the request with a no bid.
Based on the information provided by the awardees, the customer performs a
cost/technical trade-off evaluation and makes a best value recommendation. Once
completed, the customer documents the process in a Selection Recommendation
Document (SRD). The SRD is signed by an "accountable management official" from
the customer's organization, and must include the customer's recommendation, the
selection criteria used to make the selection, and the customer's rationale in
support of the recommendation. Furthermore, if a fair opportunity exemption is
applicable, the exemption must be cited and justified in the SRD.
The fair opportunity process is completed with the submission of the
requirements package to the CO. The SRD is included in the package as evidence
that the fair opportunity process was conducted. The CO reviews the SRD and
approves or rejects the customer's recommendation. Once approved, the CO asks
the recommended awardee to submit a cost and technical proposal. The CO also
notifies the other participating awardees of which awardee will be issued the
task order.
This process is flexible and can be modified to meet a customer's specific
needs. For higher-dollar or complex requirements, the government customer could
require varying levels of documentation to support the best value decision. For
example, the customer requested technical and cost proposals in lieu of white
papers for the Step 2 post-screening competitive process for the ammunition
management standard system (AMSS) task order due to the complexity of the
requirement and its estimated cost of $26.3 million. The proposals were limited
to 200 pages, and awardees were given 30 days to respond.
OPMs Contractor Qualification Matrix Approach
OPM uses a "qualification matrix" to help determine which firms will receive
task orders under its multiple award task order contracts for training and
management assistance services. These firm-fixed price contracts are used by OPM
to provide human resource management services to government agencies. The matrix
is a chart that outlines the strengths of the firms in the subject matter areas
listed in the contracts based on their proposals and past experience.
Firms are ranked "good," "very good," or "superior" in such subject matter
areas as instructional system design, training and development, performance
management, business process re-engineering, compensation, and employee
relations.
When tasked with aligning a client agency's need with contractor capability,
the matrix allows OPM Project Managers initially to determine the firms that
will compete (i.e., make oral presentations) for task order assignment. This
approach maximizes client satisfaction by placing only the most competent firms
in position for selection. It also meets the requirement to give all contractors
fair consideration for each task order.
After applying the matrix, OPM also considers the following factors to
identify further the best suited contractors: (1) the client's recommendation;
(2) the contractor's knowledge of the client agency, its mission, and culture;
(3) the contractor's experience with OPM and other Federal agencies as it
relates to the client agency's statement of work (SOW); and (4) the estimated
cost of the project or the client agency's budget. This process usually yields
at least three firms best suited for the project.
Once OPM identifies the firms, it notifies the firms and schedules oral
presentations. The oral presentations normally begin within five working days of
the forwarding of the SOW to the selected firms. The presentations generally
last 20 minutes and are followed by a 15-minute question and answer period.
A selection panel, consisting of OPM and client agency representatives,
evaluate the oral presentations of firms based on the firm's understanding of
the work requirements, technical approach to meeting the client's needs,
knowledge of the subject matter area, key staff capabilities and other corporate
resources, past performance, and relevant project experience.
At the conclusion of the presentations, the selection panel discusses the
relative strengths and weaknesses of the firms and documents its evaluation.
Subsequently, after reviewing the panel's recommendations, the CO makes the
final decision and awards the task order to the firm or firms best suited for
the project.
ITOP Fair Opportunity Procedures
In May 1996, DOT awarded 20 multiple award contracts in three functional
areas: Information Systems Engineering (ISE); Systems Facility Management (SFM);
and Information Systems Security (ISS). Separate competitions were held within
each functional area to ensure participation of 8(a) and small businesses as
prime contractors.
All competed tasks are classified in one of the above functional areas based
on the preponderance of work, and all ITOP prime contractors in that functional
area are notified of the task order requirement through the Internet. All ITOP
prime contractor teams are considered to possess the basic qualifications for
success in a broad range of information technology work. All contractors,
therefore, are requested to submit proposals in their functional area. ITOP
prime contractors may propose to use their resources, their critical
subcontractors, or subcontract with any of the contractors qualified in other
ITOP functional areas when competing for a task order requirement in their
functional area.
The involvement of program officials throughout the ITOP acquisition process
is greatly emphasized. The customer organization usually performs the COTR
function for ITOP task orders and the customer is involved in the evaluation and
selection of the contractor that will eventually support their mission-critical
IT needs.
ITOP selection procedures recognize the uniqueness of individual tasks while
simultaneously streamlining the process. This is done through the use of
templates for typical documents such as task order requests for proposals
(RFPs), streamlined award fee plans, source selection plans, and trade-off
analyses. The ITOP IT analysts and contract specialists assist the customer in
customizing the template documents by inserting the customer's statement of work
and performance measures in the task order RFP, inserting the award fee criteria
in the award fee plan, and inserting the selection criteria in the source
selection plan. These procedures ensure that all important parts of the process
are included and provide a common interface with ITOP contractors to minimize
overhead expenditures and expedite response time.
Past performance, which was the most important evaluation criterion in the
initial ITOP awards, is one of the primary selection criteria for all task
orders. ITOP maintains a database of customer performance ratings for all ITOP
task orders. These ratings are completed at least annually. The task order
ratings, along with performance documentation supporting the original contract
awards, are made available to the customers for review. Other selection factors
such as key personnel and management approach are ranked by the customer in
order of importance and given relative weights for evaluation purposes. These
factors are described in the task order request so the contractors understand
the criteria that will be used in selecting the winning proposal.
Task order requests are posted on the Internet in a separate area reserved
for access by contractors in each functional area. After the requests are
posted, contractors are allowed a short period of time to submit requests for
clarification. They receive answers over the Internet, and responses are made
available to all contractors in the functional area.
Oral presentations are used in most cases, but written proposals are allowed
when warranted. Contractors are requested to submit summary slides (not
exceeding 30 pages) several days in advance of the scheduled oral presentations.
The evaluation team reviews the submissions and completes an initial evaluation
prior to the oral presentations. This allows the team to focus on the
contractors presentations and minimize note-taking during the presentation.
Contractors are given a two-day response time to provide any additional
information.
Following oral presentations, the evaluation team meets, updates its
evaluations, and assigns a resulting score to each of the evaluation criteria.
Technical and cost evaluations for all contractors are summarized by using an
automated spreadsheet tool, which creates color pie charts to aid in visual
review of the evaluation results to facilitate the trade-off analysis. The
analysis is reviewed to determine the contractor that offers the best value to
the government. The source selection official submits the winning proposal to
the ITOP CO. The CO awards the task order, and notifies the winning contractor,
and, as requested, provides debriefings to the unsuccessful contractors.
EPA's Fair Opportunity Process
The Environmental Protection Agency plans to use various methods to provide
awardees a fair opportunity to be considered under their recently awarded
multiple award contracts for national air pollution emission standards to
support the Office of Air and Radiation. The CO may use information available on
hand or, alternatively, request awardees to submit streamlined proposals for a
given task order requirement. The CO, with the assistance of the program office,
will determine which method to use based on the complexity of the task. The
methods are:
- For simple, well-defined follow-on tasks which only require the contractor
to meet a stated schedule, the CO may telephone the contractors to identify
their availability. Since availability is the most significant evaluation
criteria, only the winning contractor will be asked to provide cost or pricing
information.
- For well-defined tasks that are not follow-on tasks, the CO may telephone
contractors to identify their availability and to provide cost or pricing
information.
- For well-defined tasks where the contractors must identify their technical
approach, the CO may telephone the contractors or issue written requests for
oral presentations or videotaped technical offers. All awardees will be
required to submit cost or pricing information.
- For well-defined complex tasks where technical approach, resource
availability, and cost or pricing are significant evaluation factors, the CO
may telephone the offers or issue written requests for a technical and cost
proposal. The request will suggest a page limitation based on the complexity
of the tasks.
Each task order request will include the statement of work, the evaluation
factors, the components of the offer to be submitted, the format for submission,
and any other relevant instructions to the contractor, including those regarding
whether the task order will be awarded with or without discussions.
CIO-SP Fair Opportunity for Consideration Process
The NIH uses a customer-driven best value process in the award of task orders
under the CIO-SP multiple award contracts. The customer agency controls the
statement of work, the technical and cost evaluation criteria, the technical
review, and the solution recommendation. The NIH CO provides guidance on
technical and contracting considerations and advice on corrections and problems
that occur throughout the task order process. The customer, however, controls
the technical and price/cost issues.
Prior to the award of the CIO-SP contracts, all of the contractors and their
subcontractors were evaluated and determined to be technically capable of
handling all eight task areas identified in the statement of work. When a task
order request package (TORP) (which includes the statement of work, evaluation
criteria, and independent government cost estimate) is received from the agency,
the NIH CO reviews the package for completeness and sends it electronically to
all twenty CIO-SP prime contractors. This electronic posting of the complete
task order requirement to all contractors is the cornerstone of the fair
opportunity process. Both customers and contractors benefit because it keeps the
contractors and subcontractors involved in the CIO-SP process, provides the
agency with the widest range of competition available, and keeps the procurement
lead time to a minimum.
Customers are permitted to indicate in the TORP their preferred
CIO-SP contractor to satisfy their requirement. This is based on the customer's
past history with the contractor and the contractor's technical ability to
perform the customer's requirement. The preferred contractor is included in the
electronic posting to the other prime contractors. The preferred contractor is
not required to submit a proposal for the task order requirement since the
customer agency has been working with the contractor and has the preferred
contractor's proposal. The non-preferred contractors are free to submit
proposals for the specific task order requirement.
Most task orders provide from two to five days for proposal submission in
either oral or written form. Proposals are submitted directly to the agency,
which is responsible for the technical and cost evaluation. At the request of
the customer, the NIH will post all necessary amendments to the task
requirements, but the customer agency deals directly with the contractors to
obtain additional information about the technical or cost proposals. The
contractors are not provided any government price/cost information.
When the best value decision is made, the customer prepares a solution
recommendation document. The document, which summarizes the best value
evaluation and decision, is forwarded with all proposals to the NIH CO for
approval. A task order award letter is sent to the customer agency to indicate
the completion of the funding document to the awardee.
All task orders are competed unless one of the exception to fair opportunity
in FAR 16.505(b) applies. Past performance is used as a mandatory evaluation
factor in making best value determinations, but is not used to limit fair
opportunity. NIH is developing a database of past performance information to
assist customer agencies in making best value evaluations.
CHAPTER 6 CONTRACT ADMINISTRATION
Task Order Surveillance
A planned surveillance effort is necessary to measure contractor performance
and ensure successful completion of tasks. Since past performance can be key in
the award or selection process, the CO normally should be involved in
development and implementation of any surveillance plan or performance
evaluation methodology.
NIH and DISA use a similar approach to monitor contractor performance. On
these contracts, since the CO has no day-to-day relationship with contractor
teams executing task orders, most of the surveillance is performed by COTRs,
Contracting Officer's Representatives (CORs), or Task Monitors (TMs).
COTR/COR/TMs are assigned the responsibility for developing a surveillance plan
that outlines the use of existing reporting tools and other methods of objective
and subjective observations to track contractor performance, timeliness and
quality of deliverables, etc. The plan is not in a particular format, but lists
the subjective and objective measures that will be used to assure timeliness,
quality, and reasonable cost results on the task order. Subjective measures
which affect performance and can be viewed through day-to-day interaction
include cooperation, problem solving, problem avoidance, staffing levels,
adopted efficiencies, effective use of office and communication tools,
attendance, and overall professionalism. Objective information includes
deliverables, correspondence, meeting minutes, and reporting.
Acceptance and Evaluation of Deliverable
The COTR/COR/TM normally is responsible for performing acceptance of all
supplies and services. In addition to reviewing, commenting, and accepting or
rejecting deliverables, the COTR/COR/TM is responsible for providing a written
evaluation of each major deliverable received during task order execution.
"Major deliverables" are the significant technical items (reports, plans,
specifications, software, etc.) that are the outcomes of the tasks in the
statement of work. Items such as status reports, meeting minutes, trip reports,
i.e., routine status and informational deliverables, are generally not
considered major deliverables. The COTR/COR/TM documents all rejection of
deliverables in writing with recitation of the requirement and factual
statements of how the contractor failed to meet those requirements.
Task Order Evaluation
Standard performance evaluations are used for all task orders to monitor and
record overall performance of each contractor. Over the life of the contracts,
optimum contractor selection depends in part on historical records measuring
performance quality. A sample evaluation form is included in Appendix 3. Under
this example, at task order completion, the TM completes this form and forwards
it for review to the CO, who in turn forwards a copy to the contractor for
comment. Task order evaluation information is entered into the Past Performance
database and is available to government customers seeking to use these
contracts, to the prime contractor who performed the work, and to government
source selection organizations who need past performance information to conduct
contract source selections. Contractors should be given an opportunity to review
and comment on all of their past performance evaluation reports for task orders
issued under the contract. Comments should be included as part of the database
for review by customers.
Other Contract Administration Techniques
While critics of multiple award contracts may state that administration of so
many contracts is expensive and time consuming, the DOT's Volpe Center provides
evidence to the contrary. Administration of the 29 contracts providing support
to the Volpe Center has been a success due to comprehensive management,
administration, and operational procedures which have been designed and
implemented specifically for the Multiple Contractor Resource Base (MCRB)
Program. As in most successful procurements, contract administration involves
the full participation of management, procurement, and technical program
specialists to ensure quality performance at good prices consistent with program
objectives and responsiveness to customer needs. Key elements of this process
include:
- a close CO/COTR partnership supported by management;
- a Users Guide which details the operational characteristics of the program
and establishes uniform operating procedures;
- automated tools to ensure timely and quality performance; and,
- reports to keep Volpe Center management fully informed of program
performance.
Another way to improve contract administration of these large contracts is
provided by NASA under the SEWP contracts. NASA meets with its contractors not
less than quarterly to discuss administrative issues. NASA also holds
video-conferences with the contract administrators at NASA and the other
agencies. At these sessions, the contractors discuss anticipated technology
refreshment and other issues so that the users can start planning for future
requirements.
BEST PRACTICES:
- Establishing an automated system to manage task order issuance makes
the process more efficient.
- Convene periodic meetings with awardees to discuss administrative
matters, future requirements, and needed improvements in the ordering
process.
The Role of the Ombudsman
Agencies must designate a task and delivery order ombudsman who shall be
responsible for reviewing complaints from contractors and ensuring that all
contractors are afforded a fair opportunity to be considered under multiple
award contracts. If an agency designated an ombudsman prior to FASA, the duties
of that individual could also include these responsibilities. After award,
contractors cannot protest issuance of orders, except for a protest on the
grounds that the order increases the scope, period, or maximum value of the
contract. Therefore, the ombudsman plays an important role. The ombudsman must
be a senior official who is independent of the contracting office awarding the
multiple award contract. The ombudsman does not have the authority to overturn
award decisions or adjudicate formal contract disputes.
Most agencies that appoint an ombudsman do so at a relatively high level. For
example, the Department of Veterans Affairs has established the Ombudsman at the
Office of the Associate Deputy Assistant Secretary for Acquisition. DISA has
assigned the Deputy Director for Procurement and Logistics as the Ombudsman.
IRS's Ombudsman is the Chief, Policy and Procedures Branch, Office of
Procurement Policy. In other agencies this role has been assigned to the
Competition Advocate.
DOE has established procedures for the performance of Ombudsman
responsibilities. All Heads of Contracting Activities designate a senior manager
who is totally independent of the CO and has no connection to the award of the
order to perform Ombudsman duties. DOE also has a Headquarters Ombudsman. DOEs
Ombudsman process entails:
- Review: Ombudsman reviews concerns and disagreements by
contractors. The ombudsman keeps a log of the complaints from receipt through
disposition. If the complainant requests anonymity, the name is not logged in.
- Fact Collection: Ombudsman collects all facts from the CO relevant
to the complaint.
- Reporting: If corrective action is required, the Ombudsman reports
the findings to the CO.
- Referred: If complaints cannot be resolved at local level, the
ombudsman refers the complaints to the DOE Headquarters Ombudsman.
The DOE process requires the Ombudsman to keep a log of the complaints from
receipt through disposition. It may be useful to retain the log and associated
complaint information throughout the life of the contract. In the event of
frivolous complaints, agency records on all aspects of a contractor's
performance may prove useful.
CHAPTER 7 CONCLUSION
This interim publication presents best practices to assist agencies in the
use of multiple award task and delivery order contracts, focusing on the fair
opportunity process and streamlining the ordering process. This information
should help agencies re-engineer their traditional procedures for awarding
orders under the old single award ID/IQ contracts, and take advantage of the
flexibilities available today when using multiple award contracts.
Multiple award task and delivery order contracting, when used properly,
should allow the government to leverage its buying power and, at the same
time, achieve efficiencies in the procurement process and best value for the
taxpayers. Agencies should continue to use best practices already established
and seek to develop even more innovative ways to streamline and simplify the
ordering process.
We are interested in obtaining information on the fair opportunity process,
streamlined ordering procedures, and opportunities for small businesses in
other multiple award contracts, especially those for multi-agency use. Any
information on lessons learned resulting from innovative techniques, whether
or not they provided the expected benefits or results would help. Even
techniques or processes considered to be failures offer great learning
experiences and should be shared with other agencies to prevent the same
mistakes being made.
Suggestions for any other best practices or lessons learned should be
either faxed or forwarded to:
Ms. Linda G. Williams Deputy Associate Administrator Office of
Federal Procurement Policy Room 9001, New Executive Office Building 725
17th Street, NW Washington, DC 20503
Fax Number: 202-395-5105
We hope the information and best practices included in this interim
publication will prove useful to agencies and industry.
APPENDIX 1
LIST OF MULTIPLE AWARD TASK AND DELIVERY ORDER
CONTRACTS
The following is a list of multiple award task and delivery order contracts
which have been referred to in the Guide. For additional information about
these contracts, including copies of handbooks, sample solicitations, ordering
procedures, "fair opportunity" selection process, sample forms, etc., contact
the individuals listed below.
1. Chief Information Officer Solutions and Partners (CIO-SP)
National Institutes of Health
Information technology support services including data center services, IT
operations, integration services, telecommuting services, telecommunications,
security and services to make computers Year 2000 compliant.
Marie Monsees Internet Address: mm63F@nih FAX Number:
301-402-3406
Handbook available at Web Site: http://nitaac.nih.gov/
2. DEIS II Program
Defense Information Systems Agency
Integration and migration services supporting development of the Defense
Information Infrastructure.
The DEIS contracts are expired and have been replaced by the Encore suite
of contracts.
3. Federal Systems Integration and Management (FEDSIM)
General Services Administration
Information technology support services.
Keith Sandridge, FEDSIM Contracting Center Internet Address:
keith.sandridge@gsa.gov FAX Number: 703-756-9012
4. Information Technology Omnibus Procurement (ITOP)
Department of Transportation
Information technology services such as information systems engineering,
systems/facilities management and maintenance, and information systems
security.
Richard Lieber Internet Address: itop@postmaster2.dot.gov FAX
Number: 202-366-9848
Handbook available at Web Site: http://itop.dot.gov
5. Scientific and Engineering Workstation Procurement (SEWP II)
National Aeronautics and Space Administration
UNIX workstations and supporting equipment.
Skip Kemerer Internet Address: skip.l.kemerer.1@GSFC.nasa.gov FAX
Number: 301-286-1654
6. Volpe Centers Multiple Contract Resource Base Program
Department of Transportation
Research, development, and analysis support in operations research and
analysis, information systems engineering, communications, navigation and
surveillance systems and vehicle, guideway and terminal systems.
Contact: David Scali Internet Address: scali@volpe1.dot.gov
7. Environmental Construction/Remediation Services
Department of the Air Force
Warner Robbins Air Logistics Center
Bob Driggers FAX Number: 912-926-7549
8. Training and Management Assistance Services
Office of Personnel Management
Vivian Bethea FAX Number: 202-606-1464
9. Environmental Management Services
Department of Energy
David Leotta Internet Address: david.leotta@hq.doe.gov FAX Number:
202-634-4419
10. Desktop V Microcomputers
Department of the Air Force
Desktop microcomputers, software applications, support services.
Kay Walker FAX Number: 334-416-1775
11. Research and Evaluation Studies
Social Security Administration
Provides for quick turnaround, short-term research and evaluation studies,
projects and analyses.
John Broglie FAX Number: 410-965-9560
12. Financial Management Support Services (FMSS)
Financial Management Service, Department of the Treasury
Includes a broad range of financial management and related information
technology services.
Karen Reed, Contracting Officer Internet Address:
karen.reed@FMS.sprint.Com Fax Number: 202-874-7275
13. Audit Support Services
Department of Health and Human Services
Includes financial, program, or contract audit support services.
Gaynel Abadie, Contract Specialist Fax Number: 202-690-5698
14. National Air Pollution Emissions Standards Support Services
Environmental Protection Agency
Kathy H. Moore Internet address: moore.kathyh@epamail.epa.gov Fax
Number: 919-541-4273
15. Information Technology Support Services
Department of Justice
Provides for a full range of information technology support services
including business process re-engineering.
Surrindar Singh Hansra Internet address:
hansra@justice.usdoj.gov Fax Number: 202/514-0805
APPENDIX 2 DEIS II Task Order Award Process
This appendix is missing and is expected to be available Sep 30, 1997. (It is a flow chart of the Screening and Post Screening award
process.)
APPENDIX 3 TASK ORDER EVALUATION
To be completed by the Task Monitor (TM) each quarter (1
Oct, 1 Jan, 1 Apr, and 1 Jul) and at the completion of the Task Order to
evaluate the contractor*s performance.
Completed evaluations are to be forwarded to the COTR/COR for
review.
________________________________________________________
1. Contract Number 2. TO Number 3. TO Title
________________________________________________________
4. TO Award Date 5. TO Completion Date 6. Total Cost 7. TO Type: __
T&M __ FFP __ CPFF
________________________________________________________
8. a. Prime Contractor b. Principal Subcontractor(s) (List the Prime
subcontractors that worked on the TO)
c. TO Evaluation
TECHNICAL PERFORMANCE |
FACTORS/RATINGS |
"Plus"
(6) |
"Excellent"
(5) |
"Good"
(4) |
"Fair"
(3) |
"Poor"
(2) |
"Unsatisfactory"
(1) |
Not Applicable
(N/A.) |
1. Completion of major
tasks/milestones/
deliverables on schedule. |
|
|
|
|
|
|
|
2. Responsiveness to changes in
technical direction. |
|
|
|
|
|
|
|
3. Ability to identify risk
factors and alternatives for alleviating risk. |
|
|
|
|
|
|
|
4. Ability to identify and
solve problems expeditiously. |
|
|
|
|
|
|
|
5. Ability to employ standard
tools/methods (e.g., standards, commercial products, info. engineering
tools). |
|
|
|
|
|
|
|
MANAGEMENT
PERFORMANCE |
FACTORS/RATINGS |
"Plus"
(6) |
"Excellent"
(5) |
"Good"
(4) |
"Fair"
(3) |
"Poor"
(2) |
"Unsatisfactory"
(1) |
Not Applicable
(N/A.) |
6. Overall communication with
the Government. |
|
|
|
|
|
|
|
7. Effectiveness and
reliability of Contractor's Key Personnel |
|
|
|
|
|
|
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8. Ability to recruit and
maintain qualified personnel. |
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9. Ability to manage multiple
and diverse projects/tasks from planning through execution.. |
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10. Ability to effectively
manage subcontractors. |
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11. Ability to meet goals for
use of Small, Small Disadvantaged, and Woman Owned Small Business
subcontractors. |
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MANAGEMENT PERFORMANCE
(CONT'D) |
FACTORS/RATINGS |
"Plus"
(6) |
"Excellent"
(5) |
"Good"
(4) |
"Fair"
(3) |
"Poor"
(2) |
"Unsatisfactory"
(1) |
Not Applicable
(N/A.) |
12. Ability to accurately
estimate and control cost to complete tasks. |
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13. Overall performance in
planning, scheduling, and monitoring. |
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14. Use of management tools
(e.g. cost/schedule, task management tools). |
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CUSTOMER SATISFACTION |
FACTORS/RATINGS |
"Plus"
(6) |
"Excellent"
(5) |
"Good"
(4) |
"Fair"
(3) |
"Poor"
(2) |
"Unsatisfactory"
(1) |
Not Applicable
(N/A.) |
15. How would you rate the
Contractor's overall technical performance on this
contract/order? |
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16. How would you rate the
Contractor's overall management performance on this
contract/order? |
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17. How would you rate the
Contractor's ability to be cooperative, business-like and concerned with
the interests of the customer? |
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_____________________________________________________________________________
9. Additional Comments:
_____________________________________________________________________________
10. Would you use contractor again? __ Y __ N (please
explain)
_____________________________________________________________________________
11. List the Major Technical Deliverables delivered during this
TO:
Date "Deliverable
Title
Description
Date Due Date
Recd
Eval." Submitted
1.
2.
3.
4.
5.
_________________________________________________________________________
12. TM
Name
13. TM
Signature
14. Date
_________________________________________________________________________
15. COR
Name
16. COR
Signature
17. Date
_________________________________________________________________________
18. Contractor Comments:
APPENDIX 4
ESTABLISHING TASK ORDER CONTRACTS
This appendix is missing and is expected to be available Sep 30, 1997. (This contains a Flow Chart of the Task Order Process)
APPENDIX 5
ACRONYMS
AMSS - Ammunition Management Standard System
ARNet - Acquisition Reform Network
CAS - Cost Accounting Standards
CBD - Commerce Business Daily
CIO-SP - Chief Information Officer Solutions and Partners
CO - Contracting Officer
COR Contracting Officer's Representatives
COTR - Contracting Officers Technical Representative
COTS - Commercial-off-the-Shelf
DEIS II - Defense Enterprise Integration Services II
DISA - Defense Information Systems Agency
DOD - Department of Defense
DOE - Department of Energy
DOJ - Department of Justice
DOT - Department of Transportation
FAI - Federal Acquisition Institute
FAQ - Frequently Asked Questions
FAR - Federal Acquisition Regulation
FASA - Federal Acquisition Streamlining Act
FEDCAC - Federal Computer Acquisition Center
FEDSIM - Federal Systems Integration and Management Support Center
FMS - Financial Management Service
FMSS - Financial Management Support Services
GSA - General Services Administrations
HHS - Department of Health and Human Services
ID/IQ - Indefinite Delivery/indefinite Quantity
IRS - Internal Revenue Service
ISE - Information Systems Engineering
ISS - Information Systems Security
IT - Information Technology
ITOP - Information Technology Omnibus Program
JOC - Job Order Contracts
MCRB - Multiple Contractor Resource Base
NASA - National Aeronautics and Space Administration's
NIH - National Institutes of Health
OFPP - Office of Federal Procurement Policy
OMB - Office of Management and Budget
OPM - Office of Personnel Management
OSDBU - Offices of Small and Disadvantaged Business Utilization
PALM - Patent Application Location and Monitoring
PCAC - Personal Computer Acquisition Contract
RFP - Request for Proposal
SABER - Simplified Acquisition of Base Engineer Requirements
SEWP - Scientific and Engineering Workstation Procurement
SFM - Systems Facility Management
SOW - Statement of Work
SRD - Selection Recommendation Document
TIPSS - Treasury Information Processing Support Service
TMs - Task Monitors
TORP - Task Order Request Package
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