How to Place an Order
One or more task orders (TOs) may be issued during the performance period of this contract. In accordance with the Federal Acquisition Streamlining Act (FASA) and FAR 16.505(b), the Contracting Officer will provide each eligible awardee with a fair opportunity to be considered for each order in excess of $2,500 unless one of the conditions in FAR 16.505(b)(2) applies. See fair opportunity process below.
Procedures and selection factors to be considered for each opportunity are set forth below:
(1)Task Order Requirement Package
The Customer will submit a complete Task Order Requirements Order Package (TORP) to the CIO-SP3 CO. The package should include a transmittal letter, a statement of work and an Independent Government Cost Estimate. Performance-based work statements must be used to the maximum extent practicable. Individual orders must clearly describe all services to be performed or supplies to be delivered. Also the statement of work should include price/cost and past performance as evaluation factors.
(2)FAIR OPPORTUNITY PROCESS. The CIO-SP3 Contracting Officer will assign a task order tracking number to each task order requirement. Unless one of the exceptions at FAR 16.505(b)(2) applies, the CIO-SP3 CO will announce each task order requirement via-E-mail to all CIO-SP3 prime contractors who have received an award in the task area(s) covered by the task order requirement. If a task order requirement encompasses more task areas than those task areas awarded to a particular prime contractor, then that prime contractor will be excluded from that particular task order announcement.
This announcement satisfies the requirement for a fair opportunity to be considered. Each prime contractor shall evaluate the opportunity and determine whether or not to submit a proposal. The announcement will include at a minimum the following information:
a) T.O Package Number: Task Order Tracking Number
b) Date of Announcement
c) End User Customer
d) Synopsis: (Attached SOW)
e) Anticipated Contract Type
f) NIH/Point of Contact (POC)
g) Agency POC for Consideration (Should be AMO or Contracting Officer)
h) Agency POC Name Phone Number and Fax
i) E-mail address (or physical address)
j) Proposal Due date
(3) EXCEPTIONS TO THE FAIR OPPORTUNITY TO BE CONSIDERED PROCESS. Any FAR 16.505 qualified exceptions to the Fair Opportunity to be Considered rule must be signed by the customer’s Contracting Officer, or the individual within the customer’s agency who has been delegated that authority in accordance with FAR 16.505(b)(2). If the CIO-SP3 CO concurs that the cited exception is justified, an E-mail announcement of the SOW to all prime contractors will not be made. Instead, only the prime contractor identified in the justification of the exception will be notified to the task order requirement.
(4) PRIME CONTRACTOR PREPARES TASK ORDER PROPOSALS. The prime contractors will generally be allowed five (5) business days to prepare and submit written proposals (when written proposals are required) however, more time may be necessary based on the particular task order requirements. The proposal due date shall be set forth in each announcement.
TECHNICAL PROPOSALS - Oral and /or written proposals shall address all requirements of the Task Order SOW (which includes a description of the evaluation criteria to be utilized in the evaluation of proposals.). Other items that should be included in the technical proposal include:
Key Personnel and Resumes
Quantities/hours (ODCs) and rationale
Notification and request for consent to use new subcontractors
Labor category qualifications of any new labor categories to be used for the task order.
COST PROPOSALS - An electronic media proposal is required unless otherwise notified. This area of the proposal shall include detailed cost/price amounts of all resources required to accomplish the task (i.e., man-hours, equipment, travel, etc.). As a minimum, the following data will be provided:
TIME AND MATERIALS (T&M) and FIRM FIXED PRICE (FFP) PROPOSALS - The offeror shall provide an original cost/price proposal to the customer. Identify labor categories and associated hours in accordance with Section B of the contract (Labor Rate Tables) and the number of hours required for performance of the task. Identify hardware, software, turnkey systems, and Other Direct Cost (ODC), Contract Line Items (CLINS) required, including associated elements (e.g., installation, shipping, maintenance, warranty, etc.). The offeror must provide a proposal, which includes the identification and rationale for all non-labor, and ODC cost elements and identify any Government Furnished Property (GFP) and/or Government Furnished Information (GFI) required for task performance.
COST PLUS FIXED FEE (CPFF); COST SHARING (CS); AND COST PLUS AWARD FEE (CPAF) - Note: the fully burden labor rates in Section B do not apply to CPFF, CS and CPAF Task Orders. See Section B2 (3) for submitting proposals on cost type contract. The offeror shall provide an original cost proposal to the customer. Cost proposals shall identify all proprietary data. CPFF, CS and CPAF cost proposals must include, as a minimum, all direct costs (including an explanation of labor categories and hours proposed, with associated costs clearly delineated), indirect costs, ODCs, travel (if applicable), Facilities Capital Cost of Money (FCCOM), if applicable, and fee displayed in a manner that clearly describes the development of the contractor’s cost proposal.
NO RESPONSES - If a prime contractor is unable or otherwise cannot perform a requirement, a NO RESPONSE must be made to the task order proposal request. All NO RESPONSES shall include a brief statement as to why the prime contractor has elected to forego the opportunity (e.g., Conflict of Interest, etc.) The NO RESPONSE may be a simple E-mail message addressed to NITAAC and the customer POC.
(5) EVALUATION AND DISCUSSIONS - The customer will evaluate the prime contractor(s) written and/or oral technical proposals and written cost proposals. If initial evaluation shows differences between the SOW requirements and an otherwise acceptable prime contractor’s proposal, discussions between the customer and the prime contractor will be necessary. Discussions may range from informal meetings that discuss minor discrepancies on the approach, to formal multiple prime contractor negotiations. Prime contractors shall be treated equitably and fairly during this evaluation process.
After evaluation and any discussions, the customer will perform a Best Value analysis of the information contained in the proposals using the stated evaluation criteria. Based on the results of the evaluation, it is ultimately the customer’s responsibility to select the prime contractor that can provide the best value to the Government.
The customer is responsible for ensuring that proprietary information contained in a prime contractor’s proposal is protected from unauthorized disclosure. It is the prime contractor’s responsibility to ensure that all proprietary information is appropriate marked.
(6) SOLUTION RECOMMENDATION DOCUMENT PACKAGE (SRDP) - After completion of the evaluation, discussions, if any, and Best Value analysis, the customer prepares a complete SRDP to be sent to the CIO-SP3 CO for approval of the task order for award. The SRDP includes the information contained in the following paragraphs.
Solution Recommendation Document - The Solution Recommendation Document (SRD) describes the selection process and serves as evidence that the fair opportunity to be considered rule was applied, unless an exception was taken under FAR 16.505(b)(2). It includes a discussion of:
A) A statement indicating whether announcement of the task order requirement was made to all prime contractors eligible for receiving an award for the task requirement or if an exception to the a fair opportunity to be considered A rule was cited in the TORP (cite the exception)
B) The selection criteria /methodology used to evaluation the competing prime contractors
C) The results of the evaluation
D) The rationale for the recommendation of the task order awardee, including a summary of any negotiations conducted, cost/price analysis and best value analysis
E) Signature of the AMO
(7) National Institutes of Health Information Technology Acquisition and Assessment Center (NITAAC) APPROVAL LETTER - Upon completion of review, NITAAC will provide the customer with a NITAAC Approval Letter authorizing the customer to issue a funding document/order to the selected prime contractor. NITAAC will also provide a copy of the NITAAC Approval Letter to the prime contractor. The NITAAC Approval Letter will document NITAAC’s concurrence with the SRDP and identify the following elements of award:
- The prime contractor to be awarded the order and the prime contract number.
- The CIO-SP3 Task Order Authorization Number to be cited on the customer funding document/order
- The order value and funded amount
- The amount of the NIH processing fee (if applicable)(external Customers Only)
(8) AWARD ANNOUNCEMENTS: NITAAC will announce all award decisions to all prime contractors via E-mail.
(9) ORDER IMPLEMENTATION: The prime contractor is authorized to start work upon receipt of the NITAAC Approval Letter and a proper funding document/order.
(10) FUNDING DOCUMENT/ORDER: The contractor must ensure that (1) a copy of each order received for the month is sent to the CIO-SP3 CO with the Monthly Sales Report. The contractor shall not accept any order that does not contain the following elements:
- Applicable CIO-SP3 Task Order Authorization Number and the Customer’s Order Number
- Order Date
- Point of Contact for Billing Purposes
- The Statement of work (Note - the prime contractor’s proposal may be referenced, if desired)
- Identification of the NIH Processing Fee as a Separate FFP Line Item (Applies to external customers who are paying the fee through the prime contractor)
- Amount of Funds Obligated
- Appropriation/Funding Citation
- Billing Address and Delivery Address
- Signature of the AMO (external customers only) The NIH AMO must print review the Record of Call to ensure that the CIO-SP3 Task Order Authorization Number appears in the ADB record of Call screen under the “Remarks” field.
- Period of Performance
(11) ADDITIONAL PROCEDURES FOR NIH INTERNAL CUSTOMERS: NIH internal customers are not required to pay a processing fee. Records of call will be used as the funding document. The CIO-SP3 Task Order Authorization Number must appear in the Remarks field.
(12) ACCEPTANCE OF TASK ORDERS. The prime contractor shall not accept any task order funding documents that do not reference the CIO-SP3 Task Order Authorization Number and do not contain the NIH processing fee (if it is cited in the NITAAC Approval Letter). Noncompliance with this requirement may result in the CIO-SP3 CO issuance of a moratorium on the prime contractor. During the period of the moratorium, the prime contractor may not accept any new task orders.
(13) VERBAL AUTHORIZATION. Should schedule conditions require the use of the exception at 16.505(b) regarding urgency, the CIO-SP3 Contracting Officer may issue a verbal authorization to initiate work on a task order. The verbal authorization shall not exceed $50,000. Written confirmation will be provided to the contractor within 5 days following the verbal authorization. All necessary documentation must be followed-up within 15 days of the verbal approval.
(14) TASK ORDER MODIFICATIONS. Task Order Modifications are generally made to correct oversights or changes conditions from the original task order. The following procedures will apply to task order modifications:
- NO COST MODIFICATIONS. No cost modifications will be processed directly by the customer without any participation of NITAAC. However, a copy of the modification must be sent by the AMO to the CIO-SP3 CO at the address provided in the Section G 3. The preferred method of receiving modifications is through electronic process.
- ADDITION OF FUNDS. Two (2) copies of Task Order modifications that involve an addition of funds that were contemplated and described in the original task order (e.g. incremental funding actions and exercise of options), must be sent by the AMO to the CIO-SP3 CO at the address provided in block 6, SF 30. No further documentation is required; for external customers the NIH 1% processing fee (of the amount obligated on the Task Order Modification) must be added as a FFP separate line item on the modification (i.e. the funding document/order). If the amount of the task Order is $25,000 or less, NITAAC policy prescribes that the customer pays a minimum fee of $250, which must appear as a separate FFP Line Item on the Modification.
- MINIMUM PROCESSING FEE. A minimum-processing fee of $250 has been established for orders and modifications. However, this fee will not be assessed against no cost modifications, administrative modifications or closeout modifications.
- ADDITIONAL WORK/ADDITIONAL TIME. If the customer’s modification requirement alters the scope, adds an additional period of performance, or provides for major changes such as additional work, a task order modification is not appropriate. Instead, a new Task Order Requirements Package (TORP) must be initiated by the customer. If the additional work is a true follow-on and not a new requirement, the FAR exception to fair opportunity to be considered at 16.505(b)(2)(iii) should be cited and a supporting justification must be included in the TORP. The TORP should also refer to the original Task Order and explain the connection between it and the follow-on in the background statement of the Statement of Work. As a new TORP, the task Order will be subject to the applicable (or $250.00 minimum) processing fee applicable to external customers.
(15) TASK ORDER CLOSEOUT - When task order performance is completed the COTR/AMOTR and the AMO sign the acceptance of the final product or completion statement of effort for all tasks issued, ensuring that all task order requirements were met, e.g., all deliverables were received on time and were technically acceptable, GFE/GFI have been appropriately distributed, etc. The prime contractor submits the final invoice to the customer for costs incurred during task order execution (as accepted by the COTR/AMOTR and AMO). The final invoice must include a statement that it is the final invoice and that all costs have been accounted for and billed. The prime contractor must forward a copy of the final invoice to the CIO-SP3 CO when the task order has been completed. Task orders cannot be closed until all past performance evaluation reports have been completed in accordance with paragraph G8 below.