Contracting Outlook 2015 SEWP Acquisition and Training Summit 1 December 8-10, 2015

Contract Performance Assessment Reports (CPARS) CPARS are compiled annually by each Issuing Agency to assess the performance of each Contract Holder during the past contract year. These reports are available for review by all Federal Agencies Agencies shall prepare an evaluation of Contract Holder performance for each order that exceeds the simplified acquisition threshold ($150,000.00) Instructions for submitting evaluations into CPARS are available at 2

SEWP V Groups NAICS Code Group A  Full and Open Competition NAICS Code Group B(1)  HUBZone Set-Aside Group B(2)  Service-Disabled Veteran- Owned Small Business Set- Aside Group C  Small Business Set-Aside Group D  Full and Open Competition 3 The NAICS Codes are assigned at the contract level, not the delivery order level shall be used. All business size designations are represented throughout SEWP V Scope is the same for all Groups RFQ’s can be submitted separately to Group A (which has a different NAICS code) or any combination of Groups B, C and D Alignment of groups ensures proper use of NAICS codes

Fair Opportunity – FAR (b) Fair Opportunity MUST BE provided within at least one Contract Group or Set-Aside Does not apply to orders under $3,500 Fair Opportunity applies to any Multi-Award Contract Process for Fair Opportunity (per FAR) is at CO’s Discretion SEWP Quote Request Tool is the only RECOMMENDED method Best Value determination 4

Small Business Jobs Act of 2013 Permits Issuing Agencies to make commitments to set-aside orders to small businesses Preserves the right to consider set-asides when the “rule of two” is met Socio-economic designations are provided on the SEWP website and within the SEWP Quote Request Tool (QRT) 5

End-User License Agreements Terms of Service FAR Clause (u) Unauthorized Obligations addresses: Agreements that require the Government to indemnify the Contractor that would create an Anti-Deficiency Act violation Terms that may be provided by a manufacturer and/or reseller for situations that involve "click as you go" terms FAR Clause (s) Order of Precedence; The terms and conditions contained in the basic contracts prevail over any additional terms and conditions that may be in conflict 6

FAR Clause (u) Unauthorized Obligations (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. 7

Assignment of Claims 8 FAR (b) is in the contract FAR (e) for conditions regarding Assignment of Claims In response to an issued Request For Quote (RFQ), the Contract Holder should state that an Assignment of Claims may apply at the time of quote/prior to award Modification must be executed by the Contracting Officer to incorporate the Assignment

Authorization Letters The SEWP contracts are available for use by NASA, all Federal Agencies and approved Federal Agency Support Service Contractors Authorization of a Support Service Contractor to utilize the contracts, must be requested by the Issuing Agency Contracting Officer who is required to send a copy of the authorization letter to the SEWP Program Management Office (PMO) for review and approval The letter should be sent in advance of or with the first order via Upon approval of the authorization letter, the Contractor's name and contract information will be added at the Approved Support Service Contract page on SEWP’s website 9

Sample Authorization Letter ( Government Agency/ Division) Letter Head (Contracting Officer’s Name and Title) (Government Agency/Division) (Street Address), (Suite or Mailstop) (City, State and zip code) SUBJECT: Authorization Letter Dear NASA SEWP CO: In accordance with Federal Acquisition Regulation 51.1, (Contractor/Vender Name) is authorized to place orders against the NASA SEWP V contract in the performance of (Government Agency) contract #__________________. Purchases made under the NASA SEWP V contract shall be placed in accordance to the terms and conditions. The authority hereby is granted is not transferable or assignable. The authorization expires (Period of Performance). Contractor/Vender Information: (Contractor/Vender Name) (Street Address) (Suite, Mailstop) (City, State and Zip code) Please address any questions or concerns regarding this authorization to the undersigned at (Contact number) or ( ). This order is placed under written authorization from _____________________________ dated ________. In the event of any inconsistency between the terms and conditions of this order the SEWP contracts, the contract shall prevail. (A.1.2. PROCEDURES FOR ORDERS) 10

Trade Agreements Act (TAA) All products offered are subject to the TAA rules Only US made or designated country end products shall be purchased unless; Exceptions exist as noted in FAR Buy American Act (BAA) does not apply Procedures outlined in FAR Contract Holders are required to provide TAA information for each product at the time of quote 11

Limitations on Subcontracting The Limitations on Subcontracting clause is contained in the basic SEWP contracts, Section A.1.40 The rule states that for small businesses awarded a set-aside contract, the prime Contract Holder is required to perform at least 50% of the work at the delivery order level Contract Holders must report any instances where there is non-compliance with this requirement Limitations on Subcontracting Certifications (Small Businesses only) are due annually on October 15th 12

Non-Manufacturer Rule (NMR) The NMR allows a small business to offer a product that it did not manufacturer under a small business set-aside The NMR is an exception to the standard requirement that the Contractor must perform at least 50% of the cost of manufacturing products The NMR applies only to procurements that have been assigned a manufacturing or supply NAICS code The NMR does not apply to contracts assigned a service NAICS code 13

Delivery Orders with Options (DOWOs) If an Issuing Agency has a requirement to purchase a set of known, recurring in-scope products and services, a DOWO may be recommended The base and option years cannot exceed 5 years in duration For more information, attend the Enterprise Procurement Strategies Breakout 14

Thank You 15