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An Introduction for the Client

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1 An Introduction for the Client

2 GENERAL CONTRACT MANAGEMENT TASK-ORDER – ORDERING PROCEDURES
AGENDA GENERAL CONTRACT MANAGEMENT TASK-ORDER – ORDERING PROCEDURES QUESTIONS PROTECH OVERVIEW GOVERNANCE

3 GOVERNANCE Federal Acquisition System
Federal Acquisition Regulation (FAR) Department of Commerce Acquisition Regulation (CAR) Commerce Acquisition Manual (CAM) NOAA Acquisition Manual (NAM) Contract Specialists are governed by the regulations and guidance provided in these documents: Federal Acquisition Regulation (FAR) The Federal Acquisition Regulations System is established for the codification and publication of uniform policies and procedures for acquisition by all executive agencies. The Federal Acquisition Regulations System consists of the Federal Acquisition Regulation (FAR), which is the primary document, and agency acquisition regulations that implement or supplement the FAR. Department of Commerce Acquisition Regulation (CAR) The CAR establishes uniform acquisition policies and procedures for the DOC that implement and supplement the FAR. The CAR is divided into the same parts, subparts, sections, and subsections as the FAR. If there is a discrepancy between the CAR and FAR, the FAR will take precedence. Commerce Acquisition Manual (CAM) The DOC internal operating guidance and procedures are contained in the CAM and other policy guidance documents issued by the Procurement Executive relating to acquisitions. The DOC Contracting Offices may issue additional guidance and procedures. NOAA Acquisition Manual (NAM) The NAM is a living document comprised of NOAA acquisition policy to ensure business practices are consistent throughout NOAA. It organizes NOAA acquisition policy in a central document using the FAR numbering and codification system. The NAM does not restrict the sound business judgement nor limit innovation, but underlines the need for the NOAA acquisition workforce to balance mission and fiduciary duty. Access to these and more can be obtained at

4 WHAT IS PROTECH? A strategic sourcing program
(Professional & Technical Services) A strategic sourcing program A suite of contracting vehicles in five separate domains Oceans Fisheries Satellite Weather Enterprise Operations Competed at the task order level “Reserves” for small businesses Mandatory for use 3% ProTech fee-for-service ProTech is a strategic sourcing program to acquire professional and technical services efficiently and effectively to meet the mission of NOAA. ProTech is a suite of contracting vehicles that consists of Indefinite Delivery, Indefinite Quantity (IDIQ) multiple award contracts, multiple award and single award Blanket Purchase Agreements (BPAs), and other contract types organized into five Domains: Satellite, Fisheries, Oceans, Weather, and Enterprise Operations. Specific requirements are competed at the task order level in each of five mission domains Awards made based on full and open competition with “Reserves” for small business. The purpose of the reserve is to acknowledge that requirements cannot always be identified specifically at the contract level, but can be at the order level.  The reserve ensures that small businesses will receive a contract under a multiple award contract scenario. This option was also incorporated in FAR (a). The ProTech Program is the mandatory source for all NOAA Line and Staff Offices to acquire professional and technical services. Exceptions will be evaluated on a case-by-case basis. The Requiring Activity shall prepare and submit the rationale for an exception to the TO CO. The TO CO then forwards the explanation to the ProTech PMO for review and concurrence. There is a 3% fee for the use of the ProTech contracts by any organization authorized to submit task order purchase request under these contracts. The 3% fee will be calculated based on the amount of obligated dollars.

5 PROTECH FEE FOR SERVICE
Prime Contract Management Standardized Operating Procedures (SOPs) Review/Edit SOW/PWS/SOO packages Review request package to establish an RFP Coordinate COR technical review of proposals Prepare proposal packages for COR/source selection review Award Validate funds to support requirements Award Task Order Establish Task Order Kick-Off Meeting Establish post award log Provide day reminders for options/follow-ons, as needed Evaluate Contractor’s performance via Contractor Performance Assessment Reporting System (CPARS) Conduct contract management functions for all mods (i.e., Can include, POP extensions, additional scope of work, reduced scope of work, adjustment of funds, administrative) Fee includes access to the ProTech suite of contracts and PMO services as required There is a 3% fee for the use of the ProTech contracts by any NOAA organization authorized to submit task order purchase requests under these contracts. The 3% fee will be calculated based on the amount of obligated dollars. Fee applied when DOC organizations, other than NOAA, place ProTech orders will be determined on a case by case basis.

6 PROTECH PROGRAM The ProTech program fee will be recovered through the regular PR obligation process in C.Suite Clients shall ensure that the appropriate ProTech object class code (26-03) appears in the PR line of accounting The system will automatically calculate and attribute the fee to the proper account at obligation The amount on the resulting PR will not reflect the fee, so make sure your accounts contain sufficient funds. Lack of funds will halt TO award. Program includes access to the ProTech suite of contracts, to include the following ancillary services as required:

7 $3B Strategic Sourcing Initiative
Five YR Ordering Period* Strategic Sourcing Initiative Multiple-award indefinite delivery, indefinite quantity (IDIQ) contracts, multiple award and single award Blanket Purchase Agreements (BPA), and other contract types YEAR BASE 1-YEAR OPTIONS with MANDATORY for use by National Oceanic and Atmospheric Administration (NOAA) Line and Staff Offices $3B A strategic sourcing initiative comprised of a suite of contracting vehicles that consists of Indefinite Delivery, Indefinite Quantity (IDIQ) multiple award contracts, multiple award and single award Blanket Purchase Agreements (BPAs), and other contract types, specifically designed as the mandatory source for procuring professional and technical services.  Provides an industrial base of professional, scientific, and technical resources in support of the National Oceanic and Atmospheric Administration (NOAA) to include its Line and Staff Offices. Where applicable, the contracts may also be used by other Bureaus within the Department of Commerce (DOC). 5 years for orders beyond end of ordering period but need to clarify higher level approval for order greater than 5 years OPTIONAL use by other Department of Commerce (DOC) Bureaus ceiling *Contracting vehicles supporting the Enterprise Operations Domain will have own specific ordering period

8 OBJECTIVES BENEFITS Delivery of top quality, performance-based services and solutions that meet NOAA mission requirements; Delivery of services and solutions with a streamlined acquisition methodology; and, Provides competitive solutions from a pool of exceptional small and large businesses. Obtain high quality professional and technical services Task Areas may include – Studies, Analyses and Reports Applied Research and Consulting Data Collection and Surveys Program and Project Management Develop an industrial base of partners Develop and maintain performance-based contracts Streamline/simplify procurement process by having contracts in place. Reduction in award time Note: Presenter should be prepared to provide specifics on anticipated process time savings. 

9 AUTHORIZED CLIENTS All NOAA Line and Staff offices
Other Department of Commerce Bureaus Decentralized ordering (regular AGO servicing division) ProTech is not a Government-Wide Acquisition Contract (GWAC) and cannot be used by other Federal agencies.

10 GENERAL CONTRACT MANAGEMENT
PROTECH OVERVIEW GENERAL CONTRACT MANAGEMENT TASK-ORDER – ORDERING PROCEDURES QUESTIONS STRATEGIC SOURCING ACQUISITION DIVISION SSAD serves as the Program Office with oversight for the execution of the ProTech contract vehicles. The ProTech Branch within SSAD will use the ProTech Program Office and portfolio of contracts to: Provide guidance and assistance to clients who use ProTech contracts; Ensure that clients are aware of their responsibilities and the scope of the ProTech contracts; Address and satisfy the needs of all participants in the acquisition process; Maintain a level of contract and program integrity that prevents or mitigates contractual or programmatic problems and risks; and Solicit feedback and provide continuous process improvement.

11 EFFICIENCY & EFFECTIVENESS
005-money-bag.png Mandatory usage for NOAA, available to DOC and bureaus. Exceptions will be evaluated on a case-by-case basis. Streamline the acquisition process. FAR (d) Benefits. (1) Benefits that are quantifiable in dollar amounts are substantial if individually, in combination, or in the aggregate the anticipated financial benefits are equivalent to– (i) Ten percent of the estimated contract or order value (including options) if the value is $94 million or less; or (ii) Five percent of the estimated contract or order value (including options) or $9.4 million, whichever is greater, if the value exceeds $94 million. (2) Benefits that are not quantifiable in dollar amounts shall be specifically identified and otherwise quantified to the extent feasible. (3) Reduction of administrative or personnel costs alone is not sufficient justification for consolidation unless the cost savings are expected to be at least 10 percent of the estimated contract or order value (including options) of the consolidated requirements, as determined by the senior procurement executive or chief acquisition officer (15 U.S.C. 657q(c)(2)(B)). Consolidation of similar services; does not invoke “bundling” regulatory analysis Dollar savings of greater than 15% exceed regulatory guidance of 5% Reduced transaction costs Reduced Program Management costs Reduced prices paid to vendors Spend analysis through visibility.

12 ROLES & RESPONSIBILITIES
Domain Contract Level Overall responsibility for the administration of the ProTech contracts Only authorized individual to take actions on behalf of the Government to amend, modify, or deviate from the contract ProTech Domain Administrative Contracting Officer (CO) Assist the Requiring Activity with the development of the SOW/PWS/SOO and IGCE Development and/or adequacy determination of proposal evaluation factors ProTech Program Management Office (PMO) Manage the domain contracting officers and overall program office functions ProTech Branch Chief & Program Manager (PM) Contracting Officer – Domain Contract Level The Domain contract level CO has the overall responsibility for the administration of the ProTech contracts.  The contract level CO is the only authorized individual to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details, and/or schedules within the ProTech contracts. The contract level CO is responsible for the overall administration and final closeout of the contracts and, when necessary, shall: Provide scope oversight; Serve as liaison between ProTech contract holders and NOAA; Assist in expediting orders where practical; Ensure compliance with contract requirements;   Issue the CO’s final decision and handle all contract-level contractual disputes under the Contract Disputes Act; Provide the administrative procedures for placing orders, contract administration, and issuing contract modifications; Designate the Domain Contract-level Contracting Officer Representatives (COR); and Track and report contract level metrics. ProTech Program Management Office (PMO) Upon request of the Requiring Activity or the Task Order Contracting Officer (TO CO), the ProTech PMO is available to offer guidance and assistance in the following areas: Assist the Requiring Activity with the, development of the SOW/PWS/SOO and IGCE; Applicability determination of the SOW/PWS/SOO in accordance with contract scope; Development and/or adequacy determination of proposal evaluation factors Recommendations for the task order contract type (FFP, T&M, CPFF, etc.); and Development and/or adequacy determination of the rationale used for the exception to the requirements for fair opportunity. ProTech Program Manager (PPM) The ProTech Program Manager (PPM) is the Government’s central point of contact for all technical matters arising at the Domain contract level.  The PPM also serves as the liaison between the Domain contract level CO and the NOAA Program and Line Offices for technical issues related to the ProTech contracts.  Other aspects of the PPM’s role are as follows: Train Requiring Activities and other AGO offices on the ProTech Program processes; Provide technical assistance and training to Requiring Activities and other AGO offices on the development of requirements documentation (SOW/PWS/SOO), IGCE, and other PR documentation; Maintain program integrity that prevents or mitigates contractual or programmatic issues; Solicit feedback from Requiring Activities and other AGO offices and provide continuous process improvement; and Provide guidance and assistance to Requiring Activities, other AGO offices and prime contractors for use of the ProTech contracting vehicles.

13 ROLES & RESPONSIBILITIES
ProTech Domain Contract Level Represent the CO in the administration of technical details within the scope of the ProTech contracts as defined in the COR Appointment and Designation Letter; Ensure final inspection and acceptance of all ProTech contract level deliverables and reports and other responsibilities; and Complete the prime contractor performance evaluations using the Contractor Performance Assessment Reporting System (CPARS) or another approved agency-specific contractor performance rating system with respect to each ProTech contract. Government’s central point of contact for all technical matters arising at the IDIQ contract level Liaison between the domain contract level CO and the NOAA Program and Line Offices for technical issues related to the ProTech contracts Domain Account Manager/ Domain Level Contracting Officer’s Representative (COR) Task Order Level (TO CO) Determine/Select the appropriate Domain contract for the requirement Issue task orders in accordance with ProTech ordering procedures TO Contracting Officer Task Order Level (TO COR) Day-to-day monitoring of performance under a specific task order Conduct all delegated TO administration activities TO COR Contracting Officer’s Representative – ProTech IDIQ Contract Level The Domain Administrative CO will appoint a Domain Level Contracting Officer’s Representative (COR) for each Domain.  The Domain Level COR will be responsible for the day-to-day monitoring of performance of the contracts and assist in monitoring the performance of each task order with input from the task order CO (TO CO). The Department of Commerce Contracting Officer Representative Certification Program is described in DOC CAM  . It is the CO’s responsibility to confirm that the appointed individual is a certified COR. A copy of the Appointment and Designation Memorandum identifying specific duties and responsibilities will be provided to the contract holders. The COR responsibilities may include: The COR is not authorized to make any representations or commitments of any kind on behalf of the Government or the CO, unless specified in the appointment letter. In addition, the COR is not authorized to alter the contractor’s obligations or to change the contract specifications, pricing, or terms and conditions. If, as a result of technical discussion(s), it is desirable to modify requirements or the specification, changes will be issued in writing and signed by the CO. Contracting Officer – Task Order Level Services will be procured via task orders issued by Task Order Contracting Officers (TO COs) within NOAA AGO or other DOC Bureaus in accordance with the ordering procedures set forth in this guide, and Section G of the base contracts. All warranted COs in DOC and NOAA are authorized TO COs and must follow the ordering procedures accordingly. The TO CO responsibilities include: Determine/Select the appropriate Domain IDIQ contract for the requirement; Determine the appropriate TO competition approach – sole source (if Fair Opportunity Exception applies), small business set-aside (including consideration for socio-economic categories), or unrestricted; and the use of Traditional or Multiphase Prepare and submit Form CD-570  – Small Business Set-Aside Review Confirm the certification level of the COR is appropriate for the dollar value and complexity of the action; Appoint the Task Order COR (TO COR); Review AP or Milestone AP; Review SOW/SOO/PWS and ensure task order requirements are within the scope of the IDIQ contract; Review IGCE and evaluation criteria; Develop proposal preparation instructions and issue proposal requests to eligible ProTech contract holders; Receive and facilitate the evaluation of technical and cost/price proposals; Oversee the procurement process through task order award; Ensure the administration and final closeout of task orders; Ensure the completion of contractor performance evaluations using the CPARS or another approved agency-specific contractor performance rating system; and Adhere to the terms and conditions of the ProTech contracts, Federal Acquisition Regulations (FAR), and other applicable laws, regulations, and guidelines. Contracting Officer’s Representative – Task Order Level (TO COR) The TO COs should appoint a COR for each task order.  The TO COR will be responsible for the day-to-day monitoring of performance under that task order and conduct all delegated TO administration activities as required by the CO’s COR Appointment Letter. It is the TO CO’s responsibility to confirm that the designated individual is a certified COR.  A copy of the Appointment and Designation Memorandum, identifying specific duties and responsibilities will be provided to the contractor. The TO COR responsibilities may include: Represent the TO CO in the administration of technical details within the scope of the TO; Conduct all delegated TO administration activities as required by the CO’s COR Appointment Letter; Verify that the contractor performs the technical requirements of the contract in accordance with the contract terms and conditions of the work statement; Perform, or cause to be performed, inspections necessary to verify that the contractor has corrected all deficiencies; Monitor the contractor's performance.  Notify the contractor of deficiencies observed during surveillance and direct appropriate action to correct the known deficiency.  Record and report to the TO CO all incidents of faulty or nonconforming work, delays or problems; Maintain a monthly report concerning performance of services rendered under the TO; Maintain liaison and direct communications with the contractor. All documents pertaining to this contract shall be signed as "Task Order Contracting Officer's Representative" and a copy shall be furnished to the TO CO; Ensure that the Government meets its contractual obligations to the contractor. This includes but is not limited to GFP, GFE, and/or GFI that is required by the contract; Ensuring that Quality Assurance Surveillance Plans (QASPs) and appropriate metrics are provided with each order request for performance-based work statements; Ensure final inspection and acceptance of all deliverables and reports and other responsibilities that may be specified in the contract or TO, including review of Section 508 compliance testing results; Complete the prime contractor performance evaluations using the CPARS or another approved agency-specific contractor performance rating system with respect to each task order; and Maintain a COR TO file in accordance with the specific responsibilities and duties defined in the COR appointment letter. The TO COR is not authorized to make any representations or commitments of any kind on behalf of the TO CO or the Government, unless specified in the appointment letter. The TO COR does not have authority to alter the contractor’s obligations or to change the specifications, pricing, terms or conditions of the contract. If, as a result of technical discussion(s), it is desirable to modify requirements or the specification, changes will be issued in writing and signed by the TO CO.

14 ROLES & RESPONSIBILITIES
Review contractor complaints Ensure that all contractors are afforded a fair opportunity NOAA AGO Ombudsman Central POC with the Government for all program-wide technical matters Resolution of all technical issues, program management, and other contract support Contractor Program Manager NOAA AGO Ombudsman In accordance with FAR (b)(8), complaints related to matters affecting task order award may be directed to the designated NOAA Ombudsman. The NOAA Ombudsman has the responsibility to review contractor complaints and ensure that all contractors are afforded a fair opportunity to be considered for each task order, consistent with the ordering procedures in the contract. The NOAA Ombudsman will review contractor complaints, and if any corrective action is needed, provide a written determination of such action to the TO CO. Issues that cannot be resolved within NOAA shall be forwarded to the Department of Commerce Ombudsman for review and resolution. Prime Contractor Holders’ Program Manager The Prime Contractor Holders’ Program Manager shall act as the central POC with the Government for all program-wide technical matters, and will represent the contractor at all post-award status meetings. The Program Manager shall be responsible for resolution of all technical issues, program management, and other contract support. This includes providing comprehensive account support for the ProTech contract. The Program Manager is responsible for overall contract performance and shall not serve in any other capacity under this contract. A list of the Prime Contract Holders’ Program Managers is provided on the ProTech website

15 ORDERING GOVERNED BY FAR 16.505
Must provide each awardee a "fair opportunity to be considered" for each order in excess of $3,500. The fair opportunity process is not subject to protest – with exceptions. Performance-based acquisition methods must be used to the maximum extent practicable. Source selection procedures in FAR Subpart 15.3 do not apply. FAR Ordering. (a) General. (1) In general, the contracting officer does not synopsize orders under indefinite-delivery contracts; except see (a)(4) and (11), and (b)(2)(ii)(D). (2) Individual orders shall clearly describe all services to be performed or supplies to be delivered so the full cost or price for the performance of the work can be established when the order is placed. Orders shall be within the scope, issued within the period of performance, and be within the maximum value of the contract. (3) Performance-based acquisition methods must be used to the maximum extent practicable, if the contract or order is for services (see (a) and subpart 37.6). (10) (i) No protest under subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task-order contract or delivery-order contract, except for— (A) A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or (B) A protest of an order valued in excess of $10 million. Protests of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with the procedures at (ii) The authority to protest the placement of an order under (a)(10)(i)(B) of this section expires on September 30, 2016, for agencies other than DoD, NASA, and the Coast Guard (41 U.S.C. 4103(d) and 41 U.S.C. 4106(f)). The authority to protest the placement of an order under (a)(10)(i)(B) of this section does not expire for DoD, NASA, and the Coast Guard. (b) Orders under multiple-award contracts— (1) Fair opportunity. (i) The contracting officer must provide each awardee a fair opportunity to be considered for each order exceeding $3,500 issued under multiple delivery-order contracts or multiple task-order contracts, except as provided for in paragraph (b)(2) of this section. (ii) The contracting officer may exercise broad discretion in developing appropriate order placement procedures. The contracting officer should keep submission requirements to a minimum. Contracting officers may use streamlined procedures, including oral presentations. If the order does not exceed the simplified acquisition threshold, the contracting officer need not contact each of the multiple awardees under the contract before selecting an order awardee if the contracting officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order. The competition requirements in Part 6 and the policies in subpart 15.3 do not apply to the ordering process. Simpler and more efficient process Less costly and time-consuming for both the NOAA and the contractors

16 TASK-ORDER – ORDERING PROCEDURES
PROTECH OVERVIEW GENERAL CONTRACT MANAGEMENT TASK-ORDER – ORDERING PROCEDURES QUESTIONS 1 Only firms awarded a contract under the relevant domain will be considered for task orders under that domain. Contracting Officer will determine relevant domain. A task order shall be created in one domain only. Contracting Officer will determine if the fair opportunity will be limited to a set-aside or open to all firms. Contracting Officer may use multiple methods to determine capabilities available from all firms within the domain. 2 3 Only firms awarded a contract under the relevant domain will be allowed fair opportunity to be considered for task orders under that domain. The Contracting Officer will determine relevant domain based on scope and client consultation regardless of staff or Line affiliation. A task order requirement shall be created in one domain only. Each task order requirement will be evaluated and the Contracting Officer will determine if the fair opportunity will be limited to socio-economic groups, small business firms under the domain or open to all firms under the domain. The Contracting Officer may use solicitation precursor techniques (requests for information, source capability statements, pre-proposal conferences, oral presentations) to determine whether the task order may be limited to small business firms or made available to all firms within the domain. 4 Note: All Contracting Officers must go through the CD-570 Small Business Set-Aside Review process prior to the release of a solicitation.

17 PROTECH TASK ORDER PROCESSING MULTIPHASE FAIR OPPORTUNITY
1 2 MULTIPHASE FAIR OPPORTUNITY TRADITIONAL Two optional approaches have been developed to conduct ProTech TO competitions when a sole source exception to fair opportunity does not apply: the traditional ordering process and the multiphase fair opportunity process

18 PROTECH HIGH-LEVEL CONTRACT PROCEDURES
1. Request For Task Order Proposal Development 3. Issuance Of The Request For Task Order Proposals 5. Task Order Award 2. Task Order Solicitation Preparation 4. Evaluation 6. Notification To Unsuccessful Offeror(s) PROTECH HIGH-LEVEL CONTRACT PROCEDURES

19 1 REQUEST FOR TASK ORDER PROPOSAL DEVELOPMENT
At a minimum the Program Office will provide: Appropriate Work Statement(s) (SOO/SOW/PWS) Performance location of the work Period of performance/deliverable schedule Applicable performance standards Any special regulations, including applicable Section 508 requirements or exceptions An Independent Government Cost Estimate (IGCE) Contractor evaluation criteria Funded purchase request (PR) – must cite ProTech object code “26-03”

20 2 TASK ORDER SOLICITATION PREPARATION TO CO Reviews the request
Determines the application of any Fair Opportunity Exception, including SB Set-Aside Determine the task order proposal request process approach Traditional Process Multiphase Process Prepares a Task Order Solicitation

21 3 ISSUANCE OF THE REQUEST FOR TASK ORDER PROPOSALS
TO CO issues the request for TO proposals to the contract holders Request shall include, at a minimum: TO identifier number and date of proposal request Identification of Domain customer Work statement (i.e., SOW, SOO, or PWS) Identification of anticipated ordering process – traditional or multiphase Task order type and proposal due date NOAA (contracting officer/specialist) point-of-contact information Instructions for submission of the technical and cost/price proposal Criteria/basis for award

22 EVALUATION 4 The TO CO receives the offers in accordance with the request for offers. Technical and cost/price evaluations are conducted by the Government technical evaluation team designated according to the written evaluation plan as required. The TO CO will lead in any exchanges for the Government side, if needed. The TO CO, in coordination with the TO COR, shall prepare a completed award recommendation package Bullet points

23 5 TASK ORDER AWARD The TO CO awards the task order
A copy of the award and any subsequent modifications shall be forwarded to Copy of award is used for data analytics.

24 6 NOTIFICATION TO UNSUCCESSFUL OFFEROR(S)
After award, the TO CO shall issue notification, via , to those offerors who did not receive the award If requested by the offeror, the TO CO should discuss with them the reasons for their non-selection. The TO CO may only discuss the reasons for non-selection. The TO CO may not discuss other contract holders’ proposals, compare contract holders’ proposals, or allow a non-selected contract holder access to the award decision documentation. For orders placed over $5.5 million, the Contracting Officer shall offer debriefings in accordance with FAR Bullet points

25 For additional questions contact protech.services@noaa.gov
For POC information visit


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