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Complex Use of Multiple Award Schedules by Experienced Customers A Power User Session. Name: Dan Briest Title: Contracting Officer Agency: Management Services Center Date: 4 May 2010. Why you should care…. Easy way to buy even complex services. Weapon systems development

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complex use of multiple award schedules by experienced customers a power user session

Complex Use of Multiple Award Schedules by Experienced CustomersA Power User Session

Name: Dan Briest Title: Contracting Officer Agency: Management Services Center

Date: 4 May 2010

why you should care
Why you should care…
  • Easy way to buy even complex services.
    • Weapon systems development
    • Yes, this can be “rocket science”
  • Lets you focus on managing outcomes
    • Simplified acquisition method
    • Manage more contractors and less paper
learning objectives
Learning Objectives
  • Review scope of Schedules program (w/ examples)
  • Explain BPAs and CTAs as Schedule tools
  • Describe the content and use of Multiple-Award and Single-Award BPAs
  • Understand use of teaming (and subcontracting)
  • Review teaming agreement for desired elements
  • Understand examples of agencies successfully using BPAs and CTAs for complex service requirements
did you know schedules can be use for
Did You Know Schedules Can Be Use for…?
  • Recycling computer monitors (Environmental)
  • Food service for soldiers in Iraq (Logistics)
  • Agency reorganizations [even GSA’s] (MOBIS)
  • Aircraft electronic maintenance (Logistics)
  • Acquisition Support (1102s) (MOBIS)
  • Translation of Osama bin Laden tapes (Language)
in scope or out of scope

Out-of-Scope

  • Non-Commercial
  • Construction/A&E
  • Cost-type contracts
In-Scope or Out-of-Scope?

GSA

Schedule

Scope

  • Out-of-Scope
  • Terms & Conditions conflicting
  • with Contract (or Schedule)
  • Services outside the scope ofthe Contract (or Schedule)

GSA

Contract

Scope

Task Order

Scope

  • Out-of-Scope
  • Degree of Scope Changes
  • Type of Scope Change
  • Amount of price or period
  • of performance change

Modification

Scope

some limitations
Some Limitations
  • Broad Acquisition Limitations
    • Commercial Services (FAR 2.101)
    • Personal Services (FAR 37.104)
    • Inherently Governmental Functions (FAR 7.503)
  • Schedules Program Limitations
    • Architect/Engineer Contracts (FAR 36.601-4)
    • Cost-Reimbursement Type (FAR 16.3)
    • Construction (FAR 2.101)
    • Services Limited by the SIN Description
scope determination pitfalls
Scope Determination Pitfalls

“Wrong Schedule” Order is Protestable by “Right Schedule” Contractor

  • Failure of Ordering Officer to Show Schedule and SINs on RFQ
  • “Whatever GSA Schedule You Have” (the chosen contractor)
  • “Labor Category Shopping” rather than determining the SINs required to accomplish the PWS.
  • “Schedule A or Schedule B” (treating Schedule scopes as interchangeable)
flexible schedule tools
Flexible Schedule Tools
  • Blanket Purchase Agreements (BPAs)
  • Contractor Teaming Arrangements (CTAs)
why establish mas bpa
Opportunity to negotiate better discounts

Satisfy recurring requirements

Reduce administrative burden

Leveraging buying power through volume

Support field offices/other contracting offices

Quicker order turn-around

Can incorporate non-conflicting terms & conditions

Can include contractor teaming

No funding required to establish BPA

No synopsis, no competition outside Schedules to establish or use BPA

Why Establish MAS BPA?
slide11

Blanket Purchase Agreements

  • Simplified Acquisition Method
  • Anticipated Repetitive Needs
  • Qualified Source(s)
  • Single or Multiple Award
  • Contractor’s Perspective
    • Recurring source of orders
    • Volume
    • Quick turn on orders
    • Expectation of price discounting
  • Govt’s Perspective
    • Flexibility
    • Efficiencies
    • Expectation of best pricing for eachTask Order
what s in a bpa
What’s in a BPA?
  • Scope
  • Estimated value/level of effort (not a ceiling)
  • Duration
  • GSA Schedule(s) & Contract(s)
  • Participating offices/agencies
  • Invoicing/billing procedures
  • Ordering procedures (if multi-award)
  • Terms & conditions
  • Discount terms
  • Types of orders to be placed
  • BPA Termination
bpa decision

PWS

BPA Decision

GSA

Schedules

Determine

In-Scope

Multiple-Award BPA

Yes

Broad

Requirement?

Recurring

Tasks?

Issue

RFQ/Task Order

Yes

No

No

Quotes

Order

Single-Award BPA

single award bpa
Single Award BPA
  • Issue BPA, RFQ, (PWS)
  • Receive and Evaluate BPA Quotes
  • Award one BPA
  • Then for each recurring task:
    • Issue Task Order RFQ (PWS) to sole BPA-holder
    • Evaluate the Quote
    • Award Task Order

One Best Value “Competition”: Who Gets the BPA?

multiple award bpa
Issue BPA RFQ (PWS

Receive & Evaluate BPA Quotes

Best-Value Source Selection

Award Multiple BPAs

For each Recurring Task:

Develop Task Order Evaluation Criteria

Issue Task Order RFQ (PWS) to “an appropriate number” of BPA-holders (FAR 8.402-3(b)(2))*

Evaluate the Multiple Quotes: Best-Value Source Selection

Award Task Order

Multiple-Award BPA

Two Best Value “Competitions”: Who Gets the BPA? Who Gets the Task Order?

* To “all BPA holders” if DoD (DFARS PGI)

two ways to satisfy multi domain schedule sin requirements
Two Ways to Satisfy Multi-Domain (Schedule/SIN) Requirements
  • One GSA Contractor holds all needed domains, so teaming not required:
    • As separate single-Schedule contracts, and/or
    • On the Consolidated Schedule

OR

  • GSA Schedule holders team across domains
consolidated schedule
Consolidated Schedule
  • Only for contractors with two or more Schedules (e.g., PES and MOBIS)
  • One GSA contract, so just one Task Order for agency to award/administer
  • Contractor can offer their entire business line on a single contract
  • Includes most service Schedules and some related product Schedules (including IT)
subcontracting vs teaming
Subcontracting vs. “Teaming”
  • Only Prime must have a Schedule contract
  • Only Prime has privity of contract (and interface) with Government
  • Ordered and invoiced at Prime’s Schedule rate (less discount)
  • Limited to SINs and labor categories on a single Schedule contract
  • Prime can’t “delegate” responsibility
  • Each Team Member must have a Schedule contract
  • Each Team Member has privity of contract (and can interface) with Government
  • Ordered and invoiced at each Team Member’s Schedule rate (less discount)
  • Total Schedule solutions possible
  • Each member can be responsible for duties in a teaming agreement
prime subcontractor relationship

Prime

Contractor

Sub

Sub

Prime/Subcontractor Relationship

BPAs/Orders Only to Prime (Schedule Contractor)

mas teaming and subcontracting

Team Lead

Team

Member 1

Team Member 2

Sub

(has Schedule)

Sub

Sub

Sub

MAS Teaming and Subcontracting

Schedule Teaming Requires Teaming Agreement

mas ctas
MAS CTAs
  • Team Leads & Members must have GSA Schedule and use their Schedule rates
  • Contractor Teams are issued one BPA
  • Could include subcontractor effort, as long as mapped to their Prime’s Schedule labor category
  • If Multi-Award BPA, Teams compete for Task Orders
  • Task Orders can be issued to Team Lead or directly to Team Member
mas ctas24
MAS CTAs
  • Not a separate legal entity but acts like joint venture
  • Include Teaming Agreement with quote for agency review
  • Government incorporates CTA into BPAs/Orders
  • Can reduce the need for open market items!

Best Practice: Make sure the contract number(s) for each team member contributing to a task order is/are cited on that order.

how do you know what it is
How Do You Know WHAT It Is?
  • Is there an Agreement? (But it may be a Subcontracting Agreement called “Teaming”)
  • Who is Paying the Industrial Funding Fee to GSA for that Task Order?
  • What Does the Task Order look like?
    • How many Schedule contract numbers are there?
    • Whose labor categories appear on the Task Order?
teaming agreement highlights
Teaming Agreement Highlights

Agreement is solely between the Members- can’t conflict with the Schedule

  • Identify Parties (Members and Lead)
  • Teaming Activities (w/ responsibilities)
  • Type & Duration of Agreement
  • CTA Terms
  • Ordering Procedures
  • Team Lead & Team Member Duties
  • Pricing, Invoicing, and Payment
  • Performance Responsibility/Evaluation
  • Reporting Sales to GSA
  • Warranty
  • Confidential Information
ctas and bpas putting it all together

Use single/ Consolidated Schedule

  • Task Award to a Single Contractor

Aggregate

Your Requirements

  • Use Several Schedules
  • Award BPAs
  • Contractors Team
CTAs and BPAs: Putting It All Together
creating domains

Identify

Service

Categories

Analyze Your

Requirement

Creating “Domains”
  • Resource Management
  • Schedule 874 - MOBIS
  • Schedule 520 - Financial & Business
  • Schedule 738 X - Human Resource Services
  • Schedule 70 – Information Technology Services

Step 1

  • Logistics & Engineering
  • Schedule 874 V - LOGWORLD
  • Schedule 871 - Professional Engineering Services
  • Schedule 899 – Environmental Services

Step 2

Align Schedules or SIN’s

Under Service Categories

performance based sow
Performance Based SOW

Extract Primary Requirements

multiple schedule solution

871 Engineering

874 MOBIS

899 Environmental

70 IT

Multiple-Schedule Solution

Engineering & Scientific

What Schedule (or Schedules) meet those Requirements?

slide33

Electronic Ordering Systems

Interface with requirements developers and contractors

Create program metrics and reports

other best practices
Other Best Practices
  • Consider open seasons
    • Refresh contractor pool, allow team realignments
  • Conduct an “Industry Day” when setting up the program
  • ODCs (especially material) is always an issue
    • Part 51 Deviation
    • Have a system to handle materials established up front
    • Set rules to limit open market items
  • Bring end users into the discussion early (buy in)
even more best practices some thoughts directly from agencies using these techniques already
Even More Best Practices (Some thoughts directly from agencies using these techniques already)
  • Partner with GSA early in the planning process
  • For very large programs, consider mapping Schedule labor categories to standard categories on BPAs
  • Consider using options to build in surge capacity on task orders
  • Build growth into your program
    • Once you’re up and running, others will want to use it
bpa cta example amcom
BPA & CTA Example: AMCOM

Award Date: Jan/Apr 2005; 13 May 2009

  • BPA Period: Base Year with Unlimited Award Terms
  • Task Order Performance - Base Period with Potential Options NTE 5 Years
  • Performance Based Task Orders unless Approved IAW DFARS 237.170
  • Flexible Pricing Arrangements: Fixed Price (Level of Effort or Completion), Time and Materials, Labor Hour
  • Discounting of GSA Rates Allowed at BPA and/or Task Order Level
  • Annual Open Season for team restructuring
slide39

Task Order Performance – Most Important Criteria

  • (Based on Specific Task Order Metrics)
  • Quality of Service, Cost Effectiveness, Timeliness of
  • Performance, Business Relations, Customer Satisfaction
  • Responsiveness – Task Order RFQs, Effective Corrective Actions
  • Competitiveness – Submission of Viable Task Order Quotations
  • Actual Performance versus Proposed Goals for Direct SB Team
  • Member Awards and SB Subcontracting Goals

Annual BPA Review and Award Term Decision

slide40

Updating Subcontractors/Team Members

  • BPA Team Restructuring During Open Season
  • - Change Subcontractors to Team Members
  • - Change Team Members to Subcontractors
  • - Revise teaming arrangement(s)
  • - Add new Team Members/Subcontractors
  • Additions Outside of Open Season
  • - Rare instances
  • - Unforeseen/urgent
  • - Contracting Officer approval
slide41

Standardized Documentation

  • Performance Work Statement (PWS)
  • Task Order Request for Quotation (TORFQ) Letter
  • Evaluation Criteria
  • Quotation Contents
  • Evaluation Worksheets
slide42

Initiating Competitive Task Orders

  • NOT REQUIRED
  • Acquisition Plan
  • Evaluation Plan
  • Synopsis
  • Approval for Use of
  • Non-DOD Contract
  • DD254 if within BPA
slide44

Standard Task Order Evaluation Criteria

  • Discounting on Task
  • Orders Expected
  • GSA Rates Maximum

Best Value

Flexible Criteria Weighting

Customer Makes Decision

slide45

Standard Selection Criteria for All Domains

          • Experience
          • Functional Approach
          • Socio-Economic Support
          • Price
  • Customer assigns criteria weighting prior to release of RFQ
  • Customer makes best value selection decision
  • Customers often pay a premium for more experience
  • and/or a better functional approach
slide46

Material/ODC Purchases

  • Material/ODCs must be in direct support of the task order PWS.
  • Contractors may provide GSA Schedule Items IAW task order requirements.
  • Open Market/Non-Schedule Items will be separately identified on the task order – separate CLIN/SLIN.
  • Over $3000, price reasonableness must have been determined by the Contracting Officer IN ADVANCE.
  • Consider modifying schedule to include recurring Material/ODCs.
slide47

Internal Material/ODC Guidance

  • Consider primary purpose of task…EXPRESS is for advisory and assistance services, not end items.
  • Must directly enter into the deliverables, or used/consumed directly in connection with the furnishing of the deliverables
  • Over 10% of labor cost will require separate justification
  • Justification must clearly show that materials are required in order to provide services ordered.
  • Material/ODCs exceeding labor cost not allowed.
slide49
Dan Briest

(253) 931-7553

[email protected]

Management Services Center

(800) 241-RAIN (7246)

www.gsa.gov/mgmtservices

Thank You

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