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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

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Complex use of multiple award schedules by experienced customers a power user session l.jpg

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


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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


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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


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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)


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  • 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


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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


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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)


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Flexible Schedule Tools

  • Blanket Purchase Agreements (BPAs)

  • Contractor Teaming Arrangements (CTAs)


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Blanket Purchase Agreements


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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?


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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


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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


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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


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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?


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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)


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Contractor Teaming Arrangements


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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


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Top Ten (FY 09 Sales) GSA Contractors


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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)


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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


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Prime

Contractor

Sub

Sub

Prime/Subcontractor Relationship

BPAs/Orders Only to Prime (Schedule Contractor)


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Team Lead

Team

Member 1

Team Member 2

Sub

(has Schedule)

Sub

Sub

Sub

MAS Teaming and Subcontracting

Schedule Teaming Requires Teaming Agreement


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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


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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.


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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?


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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


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  • 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


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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


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Performance Based SOW

Extract Primary Requirements


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Engineering/Scientific Requirements


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871 Engineering

874 MOBIS

899 Environmental

70 IT

Multiple-Schedule Solution

Engineering & Scientific

What Schedule (or Schedules) meet those Requirements?


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Best Practices, Tips and Tricks


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Electronic Ordering Systems

Interface with requirements developers and contractors

Create program metrics and reports


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Use Templates


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Ordering Guides/Handbooks


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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)


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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


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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


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  • 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


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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


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Standardized Documentation

  • Performance Work Statement (PWS)

  • Task Order Request for Quotation (TORFQ) Letter

  • Evaluation Criteria

  • Quotation Contents

  • Evaluation Worksheets


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Initiating Competitive Task Orders

  • NOT REQUIRED

  • Acquisition Plan

  • Evaluation Plan

  • Synopsis

  • Approval for Use of

  • Non-DOD Contract

  • DD254 if within BPA


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Standard Task Order Evaluation Criteria

  • Discounting on Task

  • Orders Expected

  • GSA Rates Maximum

Best Value

Flexible Criteria Weighting

Customer Makes Decision


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  • 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


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    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.


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    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.


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    Program Statistics (As of 31 Dec 09)


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    Dan Briest

    (253) 931-7553

    [email protected]

    Management Services Center

    (800) 241-RAIN (7246)

    www.gsa.gov/mgmtservices

    Thank You


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