NAVY 5252.216-9535 TASK ORDERS PROCEDURES (MULTIPLE AWARDS)(NAVAIR) Basic (Aug 2011) (Current)

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    (a) The following activity(ies) or individual(s) is/are designated as Ordering Officer(s): NAVAIR Procuring Contracting Officers.

    The above activity(ies) or individual(s) is/are responsible for soliciting proposals for work under Task Orders, evaluating proposals, issuing Task Orders, and administering any Task Orders placed hereunder. Ordering Officers may negotiate revisions/modifications to Task Orders, but only within the scope of this basic contract (hereinafter "contract"). Ordering Officers have no authority to modify any provision of this contract. Any deviation from the terms of the contract must be submitted to the Procuring Contracting Officer (PCO) for contractual action. Ordering Officers may enter into mutual no cost cancellations of Task Orders under this contract and may reduce the scope of orders/tasks, but a Termination for Convenience or Termination for Default may only be issued by the PCO.

    (b) The Government contemplates award of Firm Fixed-Price Task Orders under this contract. All orders issued hereunder are subject to the terms and conditions of this contract. The contract shall control in the event of conflict with any order. When mailed, an order shall be "issued" for purposes of this contract at the time the Government deposits the order in the mail, or, if transmitted by other means, when received by the contractor. No work will be performed and no payment will be made except as authorized by a Task Order.

    (c) All costs associated with presentation, and/or discussion of the contractor’s Task Order proposal, post award Task Order administration (including applicable personnel cost allocations by Task Order) shall not be a direct charge under the task order unless authorized in the contract or Task Order.

    (d) Task Orders may be issued on either a competitive or non-competitive basis in accordance with paragraph (j). Regardless of whether the Task Order is competitive or non-competitive, oral or written proposals/presentations (as considered appropriate in light of the dollar value, complexity, and scope of work for the Task Order) may be required by the Ordering Officer. In addition:

        (1) The Government reserves the right to make award based on initial offers.

        (2) Task Order award(s) will normally be made to the offeror(s) who is determined, under a "best value" evaluation, to best meet the needs of the Government after consideration of all evaluation factors. "Best value" is defined as the procurement process that results in the most advantageous acquisition decisions for the Government and is generally performed through an integrated assessment and trade-off analysis utilizing quality factors such as technical approach, past performance, management approach, personnel experience, and cost/price factors.

        (3) Offerors are cautioned that in conducting the Task Order evaluation, the Government may use data provided by the offeror in its proposal as well as data obtained from other sources (e.g. Dun and Bradstreet reports, DCAA audits, available industry market rates for labor and overhead). While the Government may elect to consider data obtained from other sources, the burden of providing thorough and complete information rests with the offeror.

        (4) The Ordering Officer need not contact each of the multiple awardees under the contract before selecting a Task Order awardee(s), if the Ordering Officer has information available to ensure that each awardee(s) is provided a fair opportunity to be considered for each order.

        (5) Contractors are strongly encouraged but are not required, unless otherwise directed by the Ordering Officer, to provide offers on all competitively solicited Task Orders.

    (e) The following procedures should apply when issuing Task Orders. The amount and detail of information required in the proposal may vary, depending upon the estimated dollar value, complexity and scope of the work. The Task Order Request For Proposal (TORFP) will detail the degree to which information is required.

        (1) Except as provided in e(3), the Ordering Officer shall furnish the contractor with a written TORFP. The TORFP will include the following:

            (i) Request for proposal number and title, suggested type of order, and contract number.

            (ii) Details of the task, i.e., background of requirement, objective, description of the tasks required to be performed/items to be delivered, delivery schedule/performance period, place and manner of inspection and acceptance, pricing arrangements, and other pertinent information deemed necessary.

            (iii) A listing of Government furnished property to be provided to the contractor, if applicable.

            (iv) Security classification designated for the task(s) to be performed.

            (v) Type of proposal (oral or written) and date when proposals are due, identification of key personnel, option exercise period and option period of performance (if applicable).

            (vi) Procedures and criteria for evaluation, if competitive.

            (vii) Any other pertinent information deemed necessary.

        (2) The contractor shall provide the Ordering Officer with two copies of the proposal. The proposal shall be submitted within the time specified by the TORFP. Proposals received after date and time of proposal due date stated in the TORFP shall not be considered, except under the circumstances set forth in FAR 15.208(b). The proposal shall include information requested by the TORFP, and may include:

            (i) Technical and managerial approach to accomplishing the task, to include proposed schedule of performance/completion or delivery dates. Contractor exceptions to the Government SOW and/or Contract Data Requirements List delivery requirements shall be identified, with supporting rationale. This information should support contractor's proposed use of labor categories/man-hours, and the delivery date.

            (ii) Total estimated cost/price, proposed type of order, with supporting data (see paragraph (e)(2)(iii) below). All cost data shall be submitted in an electronic format, by CD or other electronic means (ie AMRDEC Safe..) as provided by the Government when requests for proposals are issued..  Submissions should be numbered, identified, and cross-referenced into the proposal and compatible with an IBM PC or compatible. The file format will be Microsoft Office 2003, or as specified in individual TORFPs. Submitted spreadsheet files shall contain all formulas or equations used to compute proposed amounts. Print image files or files containing only values are not acceptable. All files shall be set with read-only attribute (not password protected), and disks shall be delivered with write protection. The offeror shall retain one copy for validation purposes.

            (iii) A complete cost breakdown including:

                (A) estimated number of labor hours by labor classification and proposed billing rates for each end product or task, rationale for the labor categories, and skill levels and number of hours proposed. Resumes of key personnel proposed to perform work will be available for the Ordering Officer to "spot check" without prior notice. Individual TORFPs may require resumes to be included in the proposal.

                (B) overtime hours by labor category, including any uncompensated overtime. Uncompensated overtime shall be proposed and evaluated in accordance with the procedures in FAR 52.237-10, "Identification of Uncompensated Overtime".

                (C) travel, direct material, and/or other direct costs. If other direct costs are required in accordance with specific task requirements, such costs shall be specified and justified (e.g., whether material obtained competitively and justification if procured sole source; number of trips required and destinations, etc.)

                (D) required Government furnished property/materials/data, to include any property/material/data identified in the TORFP to be furnished by the Government.

                (E) dollar amount and type of any proposed subcontracts, supported by a breakdown in the same details as delineated above.

            (iv) The contractor should explain any deviations from the Schedule of the contract (e.g., hourly rates lower than those established in Section B for time-and-material contracts, a volume discount, lower fixed fee, etc.). Any deviations determined to be acceptable by the Government, will be formalized by a modification to the contract terms and conditions. Any other pertinent information that would assist the Government in making a determination on best value.

        (3) In the event of an urgent requirement, the Ordering Officer may contact the contractor by telephone or written communication, including facsimile, requesting a proposal. For urgent requirements, the contractor shall comply with the following:

            (i) The contractor shall provide a written proposal, unless oral proposals/presentations are solicited within [TBD at the order level]. The contractor's proposal shall be submitted in accordance with the format and time frame set forth in the TORFP. 

            (ii) The contractor shall not proceed with any work pursuant to this section until he has received a formal Task Order from the Ordering Officer.

            (iii) A Task Order issued pursuant to the authority of this subsection shall be considered accepted by the contractor unless rejected in writing within three (3) days after receipt.

        (4) If written proposals are required, upon receipt of the proposal the Ordering Officer, in conjunction with the requiring office, shall conduct a technical evaluation in accordance with the evaluation procedures set forth in the TORFP, and enter into such negotiations with the contractor(s) as may be necessary. 

        (5) If oral proposals are required, the contractor shall orally present the information set forth in subparagraph (e)(2)(i) and (iv) above, except for cost which will be submitted in accordance with subparagraph (e)(2)(ii) and (iii) above. If oral presentations are required, they will be scheduled as the result of both Government and contractor availability, and conducted in accordance with provisions in the TORFP.

        (6) The Ordering Officer shall conduct any negotiations necessary to correct or revise any discrepancies in the proposal(s). If Government production and research property is proposed, each offer will be adjusted to include a rental equivalent evaluation factors for each item of such property calculated. This adjustment will apply for the use of Government property by the offeror as well as any subcontractor thereto. Options included in any order will be evaluated in accordance with FAR clause 52.217-5, "Evaluation of Options". 

    (f) A Task Order shall be issued for each order. Task Orders may be issued in writing, orally, by facsimile, or by electronic commerce methods. Task Orders shall be consecutively numbered, dated, and in addition to any other data that may be called for in the contract, shall contain the following information, as applicable:

        (1) Request for proposal number and title;

        (2) Contract and Task Order number;

        (3) Applicable contract line item number (CLIN) to include level of effort by labor category (and billing rate, if known), quantity and unit price or estimated cost and/or fee;

        (4) Type of order (e.g., completion, term, FFP);

        (5) Description of the task to be performed, the end item or service;

        (6) Period of performance/time of delivery;

        (7) Place(s) of performance/delivery;

        (8) Packaging, packing, and shipping instructions, if any;

        (9) List of Government furnished property and the estimated value of the property;

        (10) Total price;

        (11) Accounting and appropriation data;

        (12) The inspecting and accepting office, and the manner in which inspection and acceptance will be carried out;

        (13) Invoice and payment provisions to the extent not covered by the contract;

        (14) Method of payment and payment office, if not specified in the contract (see section G of the contract);

        (15) Organizational Conflict of Interest provisions;

        (16) DD Form 254 (Contract Security Classification);

        (17) DD Form 1423 (Contract Data Requirements List); and

        (18) Any other pertinent information.

    (g) For other than fixed price Task Orders, if applicable,, the total estimated dollar amount of each Task Order constitutes a ceiling price for that order. The requirements set forth in Federal Acquisition Regulation Clause 52.232-20, "Limitation of Cost" or Clause 52.232-22, "Limitation of Funds"] are applicable to individual Task Orders. The ceiling amount for each order may not be exceeded unless authorized by a modification to the order.

    (h) Oral orders may be placed hereunder only in emergency circumstances. Information described in paragraph (f) above shall be furnished to the contractor at the time of placing an oral order, and shall be confirmed by issuance of a written Task Order within 5 working days of the oral order. Unless the Ordering Officer explicitly invokes the authority to place oral orders as provided in this clause, the contractor shall not construe any communication from the Ordering Officer as amounting to the placement of such an order.

    (i) Modifications to Task Orders may be issued by the Ordering Officer, and shall include the information set forth in paragraph (f) above, as applicable. Task Orders may be modified orally by the Ordering Officer in emergency circumstances. Oral modifications shall be confirmed by issuance of a written modification within 5 working days from the time of the oral communication amending the order. 

    (j) It is the Government's intent to provide awardees a fair opportunity to be considered for all Task Orders. 

        (1) All multiple award contractors shall be provided a fair opportunity to be considered for each order in excess of $2,500 pursuant to the procedures established in clause 5252.216-9507, "Fair Opportunity Procedures". However, awardees need not be given an opportunity to be considered for a particular Task Order if the Ordering Officer makes a determination in accordance with FAR 16.505(b)(2).

        (2) The Ordering Officer’s selection decision on each Task Order request shall be final. A protest is not authorized in connection with the issuance, or proposed issuance, of an individual Task Order except for a protest on the grounds that the Task Order increases the scope, period, or maximum value of the contract under which the order is issued.

        (3) For this contract, the designated Task Order ombudsman is the Navy Competition Advocate General. The Task Order ombudsman is responsible for reviewing complaints from multiple award contractors and ensuring that all of the contractors are afforded a fair opportunity to be considered for Task Orders in excess of $3,000, consistent with the procedures in the contract.

        (4) Contractors are not guaranteed award of equal dollars or number of Task Orders under this contract.



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