Pro Tech Source Selection Under FAR Subpart 16
“Pro. Tech” Source Selection Under FAR Subpart 16. 5
INDEFINITE-DELIVERY CONTRACTS Three types of indefinite-delivery contracts: 1. definite-quantity contracts, 2. requirements contracts, and 3. indefinite-quantity contracts “Task-order contract” means a contract for services that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity) and that provides for the issuance of orders for the performance of tasks during the period of the contract. 2
WHAT IS PROTECH? (Professional & Technical Services) Professional and Technical (Pro. Tech) services is a suite of Multiple-Award Indefinite Delivery, Indefinite Quantity (IDIQ) Contracts organized into five Domains: o Oceans o Fisheries o Satellite o Weather o Enterprise Operations 3
SOURCE SELECTION FLEXIBILITIES Broad discretion in developing appropriate order placement procedures o Fair opportunity to be considered for orders exceeding $3, 500 Minimal submission requirements Streamlined procedures, including oral presentations Competition requirements in FAR Part 6 and the policies in subpart 15. 3 do not apply 4
ORDERING General o Synopsis not required o Individual orders shall clearly describe all services to be performed o Performance-based acquisition methods o Justify restricting consideration (brand name/sole source) 5
ORDERING PROCEDURES IAW FAR 16. 505(b)(1), 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, unless rare conditions listed in FAR 16. 505(b)(2) exist. 6
REQUEST FOR PROPOSAL RFP Provided to all awardees Contains complete description of requirement and evaluation criteria and instructions Provided via any method allowed in the contract: o Regular mail o Email o Facsimile Allow a reasonable time for response 7
EVALUATION CO receives proposals Formal evaluation plans or scoring not required Technical evaluation • Past Performance may be considered only on previous Pro. Tech TOs Exchanges, if necessary CO determines price fair and reasonable 8
AWARD CO makes an award decision Documents decision: At a minimum, documentation will include: 1. A statement indicating whether announcement of the Task Order requirement was made to all contractors eligible for receiving an award for the task requirement, or if an exception to fair opportunity was cited IAW FAR 16. 505(b)(2); 2. The selection criteria /methodology used to evaluate the competing contractors; 3. The results of the evaluation; and 4. The rationale for the award decision, including a summary of any negotiations conducted, cost/price analysis and best value analysis. Postaward Notices and Debriefing (Orders Exceeding $5. 5 M) 9
BEST VALUE Determined by using one of two distinct processes: Tradeoff means, it is in the best interest of the Government to consider award to other than lowest priced offeror or other than the highest technically rated offeror Lowest Price, Technically Acceptable (LPTA) means that the award will be made to the offeror whose price is lowest among all proposals that were deemed to be technically acceptable 10
SAMPLE EVALUATION FACTORS TECHNICAL APPROACH MANAGEMENT SECURITY PAST PERFORMANCE COST/PRICE 11
SAMPLE 1 – TECHNICAL EVALUATIONS FACTORS & INSTRUCTION(S) TO OFFEROR Description Instruction to Offeror Example Evaluation Standard Technical Solution/ Approach Provide a description of Offeror’s technical solution/approach to meet the requirements of the SOO or/ PWS dated xxx 201_. The standard is met when the proposal provides a sound technical solution/approach, including the implementation of sound technical processes/procedures which meet requirements of the SOO or/ PWS dated xxx 201_ and ensures operability and maintainability, and the ability to recognize and address program interoperability, safety and security issues, including but not limited to personnel, data analysis tools, and assets. 12
SAMPLE 2 – TECHNICAL EVALUATIONS FACTORS & INSTRUCTION(S) TO OFFEROR Description Instruction to Offeror Example Evaluation Standard Mix/ Availability of Skills Provide a description of the mix of skills proposed in the numbers needed in the time required that meets the requirement of the SOO or/ PWS dated xxx 201_. If personnel are subcontracted, the approach illustrates the method of administration and technical control of the subcontractor(s). The standard is met when the Offeror provides a sound, compliant approach, which meets the requirement of the SOO/ PWS dated xxx 201_ and illustrates a thorough knowledge and understanding of those requirements, adequate and appropriate personnel skills, any associated risks, and actions the offeror will take to mitigate the risks, if any. If personnel are subcontracted, the approach illustrates a sound method of administration and technical control of the subcontractor(s). 13
SAMPLE 3 – MANAGEMENT EVALUATION FACTORS & INSTRUCTION(S) TO OFFEROR Description Instruction to Offeror Example Evaluation Standard Management Approach Provide a description of Offeror’s management approach to meet the requirements of the SOO or/ PWS dated xxx 201_. The proposal should provide all task related materials and services (not otherwise being provided as GFE) required to efficiently and effectively manage accomplishments of tasks covered by requirements. You may want to add - The contractor should provide a program plan tailored to accomplishing administrative, management, technical, and financial requirements, as a minimum a milestone chart, projected spending rate and estimated man-hours should be included. The standard is met when the proposal provides a sound, compliant approach, which meets requirements of the SOO or PWS dated xxx 201_ and illustrates a thorough knowledge and understanding of those requirements, their associated risks, if any, and actions the offeror will take to mitigate the identified risks This includes all materials and services required to efficiently and effectively manage accomplishments of tasks covered by requirements. 14
SAMPLE 4 – MANAGEMENT EVALUATION FACTORS & INSTRUCTION(S) TO OFFEROR Description Instruction to Offeror Example Evaluation Standard Capacity Provide a description of the Offeror’s capacity to meet the required delivery schedule (or proposed delivery, if earlier). If subcontracted, the approach illustrates the capacity of the subcontractor and the method of administration and technical control of the subcontractor(s). The standard is met when the Offeror demonstrates the ability to produce the necessary resources to meet or exceed the required delivery schedule (or proposed delivery, if earlier), including but not limited to training, support personnel, diagnostics, and OEM support agreements. If subcontracted, the approach illustrates the capacity of the subcontractor and the method of administration and technical control of the subcontractor(s). 15
SAMPLE 5 – PAST PERFORMANCE FACTOR DEFINICATIONS – SIMPLE REQUIREMENT PASS: A review of the Offeror’s past performance demonstrates that the Offeror has performed successfully, without any unresolved quality issues. Performance has been timely and fully acceptable to the Government. In the event of performance problems, all issues have been resolved to the satisfaction of the Government. (Provide examples from information obtained from the POCs identified by the Offeror, CPARS, Past Performance Information Retrieval System (PPRIS), etc. ) FAIL: A review of the Offeror’s past performance demonstrates that the Offeror has not performed successfully. (Provide examples from information obtained from the POCs identified by the Offeror, CPARS, PPIRS, etc. , on the evaluation form. ) 16
SAMPLE 6 – PAST PERFORMANCE FACTOR DEFINICATIONS – COMPLEX REQUIREMENT EXCEPTIONAL: A review of Offeror’s past performance demonstrates that the Offeror has performed successfully, on schedule, and without any unresolved quality issues. Performance has been timely and fully acceptable to the Government. In the event of performance problems, all issues have been resolved to the satisfaction of the Government. (Provide examples from information obtained through past performance evaluation, CPARS, PPIRS, etc. ) SATISFACTORY: A review of Offeror’s past performance demonstrates that the Offeror has performed successfully and without any unresolved quality issues. In the event of performance issues, all issues have been resolved to the satisfaction of the Government. (The evaluation team will obtain information from the POCs identified by the Offeror, Contractor Performance Assessment Reporting CPARS, Past Performance Information Retrieval System (PPRIS), etc. ) UNSATISFACTORY: A review of the Offeror’s past performance demonstrates that the Offeror has not performed successfully. (The evaluation team will obtain information from the POCs identified by the Offeror, Contractor Performance Assessment Reporting System CPARS, Past Performance Information Retrieval System (PPRIS), etc. ) 17
SAMPLE 7 – SECURITY FACTOR (IF REQUIRED) Pass/Fail STANDARD: The Offeror has demonstrated that all security requirements are met. Independent evaluation factors Ability to provide cleared personnel Key personnel identified Hazardous area of operations 18
SAMPLE 8 – RATING SCALE FOR EVALUATING BEST VALUE Color Adjective Definition Blue Exceptional Exceeds specified minimum performance or capability requirements in a way beneficial to the Government Green Acceptable Meets specified minimum performance or capability requirements necessary for acceptable contract performance Yellow Marginal Does not clearly meet some specified minimum performance or capability requirements necessary for acceptable contract performance but any proposal inadequacies are correctable Red Unacceptable Does not clearly meet some specified minimum performance or capability requirements necessary for acceptable contract performance but any proposal inadequacies are correctable 19
SAMPLE 9 – RATING SCALE FOR LPTA Adjective Definition Acceptable PASS: Meets specified minimum performance or capability requirements necessary for acceptable contract performance Unacceptable FAIL: Fails to meet specified minimum performance or capability requirements necessary for acceptable contract performance 20
AWARD CO makes an award decision Documents decision: At a minimum, documentation will include: 1. A statement indicating whether announcement of the TO requirement was made to all contractors eligible for receiving an award for the task requirement, or if an exception to fair opportunity was cited IAW FAR 16. 505(b)(2); 2. The selection criteria /methodology used to evaluate the competing contractors; 3. The results of the evaluation; and 4. The rationale for the award decision, including a summary of any negotiations conducted, cost/price analysis and best value analysis. Postaward Notices and Debriefing (Orders Exceeding $5. 5 M) 21
PROTEST TO award generally not subject to protest under FAR Subpart 33. 1 Exceptions: o when an order increases the scope, period, or maximum value o an order valued in excess of $10 M Contractor complaints are reviewed by the Pro. Tech Ombudsman 22
PROTECH OMBUDSMAN Concerns should be first raised to the Contracting Officer NOAA Acquisition and Grants Office (AGO) Ombudsman will hear and facilitate the resolution of concerns Maintain strict confidentiality as to the source of the concern 23
Virginia Scott Pro. Tech. Satellite@noaa. gov 301 -628 -1379 Kenyada Corley Pro. Tech. Fisheries@noaa. gov 301 -628 -1378 Paul Batrony Pro. Tech. Enterprise@noaa. gov 301 -628 -1437 Courtney Holbrook Pro. Tech. Oceans@noaa. gov 301 -628 -0029 Quyen Diep Pro. Tech. Weather@noaa. gov 301 -628 -1369 Learn more at www. Pro. Tech. Services. noaa. gov
- Slides: 24