ProTech Contracts: Fair Opportunity and Guidance
ProTech services consist of multiple-award contracts under five domains. Fair Opportunity is the standard for competition in task order contracts. Contractors must be given a fair opportunity for consideration. The process should be fair, planned, and well-documented. The Traditional Fair Opportunity Process allows all prime contract holders to submit technical and cost proposals. Consequences of not providing fair opportunity are outlined for Task Order CO.
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Fair Opportunity Under ProTech
WHAT IS PROTECH? WHAT IS PROTECH? (Professional & Technical Services) Professional and Technical (ProTech) 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 2
COMPETITION COMPETITION The standard for competition in task order contracts is Fair Opportunity. FAR Part 16 requires that all contractors be afforded a Fair Opportunity for consideration for award of task/delivery orders. 3
ORDERS UNDER MULTIPLE AWARD ORDERS UNDER MULTIPLE AWARD CONTRACTS (IDIQs) CONTRACTS (IDIQs) FAR 16.505 (b)(1)( FAR 16.505 (b)(1)(i i) ) states: 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, except . 4
PROTECH GENERAL GUIDANCE PROTECH GENERAL GUIDANCE The process should be planned, fair and consistent The total cost should be considered over the full life of the delivery or task order Full and complete documentation is vitally important and must be able to withstand the scrutiny of an audit Preference of a specific vendor cannot be the basis of an award decision 5
PROTECH TRADITIONAL FAIR PROTECH TRADITIONAL FAIR OPPORTUNITY PROCESS OPPORTUNITY PROCESS All prime contract holders, within the designated Domain, will be provided the opportunity to submit full technical and cost proposals Request for Traditional Technical and Cost/Price Proposal Evaluations are conducted Revised proposals (as necessary) Exchanges (as necessary) TO is awarded 6
IF FAIR OPPORTUNITY IS IF FAIR OPPORTUNITY IS NOT NOT PROVIDED PROVIDED The Task Order CO (TO CO) shall: Prepare a written justification (If over $150K) Publish notice and justification (If over $150K) 7
SMALL BUSINESS SET SMALL BUSINESS SET- -ASIDE REVIEW (DOC FORM CD (DOC FORM CD- -570) ASIDE REVIEW 570) The TO CO shall: Examine the capabilities of the contract holders in order to determine if a set-aside is appropriate Determine whether to release a Request for Information (RFI) Coordination with NOAA Small Business Office and Small Business Administration (SBA) Set-aside if it is determined that two or more small business or other socio-economic category business are capable of performing the requirement 8
EXCEPTIONS TO FAIR OPPORTUNITY EXCEPTIONS TO FAIR OPPORTUNITY i. Need is so urgent that fair opportunity would result in unacceptable delays ii. Only one awardee capable because of unique or highly specialized supplies/services iii. Logical follow-on, if all awardees were given fair opportunity under original order iv. Minimum guarantee 9
EXAMPLES OF FAIR OPPORTUNITY EXAMPLES OF FAIR OPPORTUNITY EXCEPTIONS EXCEPTIONS Exception Provided for by 41 USC 253j [abbreviated description] Examples of Delivery or Task Order Types that Qualify As Exceptions Unusual urgency that would lead to unacceptable delays o Natural disaster or other emergency needs o Military/mobilization needs o Immediate short-term need arising on short notice Only one capable contractor o Only one contractor offers the equipment/service o Only one contractor offers the equipment/service to the locations where the equipment/service is needed o Only one contractor can demonstrate that it is capable of providing equipment/service in the manner required by the user or to the required locations 10
EXAMPLES OF FAIR OPPORTUNITY EXAMPLES OF FAIR OPPORTUNITY EXCEPTIONS EXCEPTIONS Exception Provided for by 41 USC 253j [abbreviated description] Examples of Delivery or Task Order Types that Qualify As Exceptions Economy, efficiency and logical follow-on to an order already issued under fair opportunity o Orders associated with any moves, additions, changes, or similar needs o Incremental orders for the same or a new equipment/service to locations where equipment/service already exists or has been ordered o Orders placed to minimize inefficiencies or additional costs that would result from introducing multiple maintenance, operations, training network management, or other support systems o Orders placed to maintain the engineering and operational integrity of, or to augment an established telecommunications capability within an organization 11
EXAMPLES OF FAIR OPPORTUNITY EXAMPLES OF FAIR OPPORTUNITY EXCEPTIONS EXCEPTIONS Exception Provided for by 41 USC 253j [abbreviated description] Examples of Delivery or Task Order Types that Qualify As Exceptions Meet a minimum revenue guarantee No examples provided. Self-explanatory. For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source. No examples provided. Self-explanatory. In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply. No justification is needed. No examples provided. Self-explanatory. 12
PROTECH OMBUDSMAN PROTECH OMBUDSMAN Concerns should be first raised to the TO 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 13
Virginia Scott ProTech.Satellite@noaa.gov 301-628-1379 Paul Batrony ProTech.Enterprise@noaa.gov 301-628-1437 Courtney Holbrook ProTech.Oceans@noaa.gov 301-628-0029 Kenyada Corley ProTech.Fisheries@noaa.gov 301-628-1378 Quyen Diep ProTech.Weather@noaa.gov 301-628-1369 Learn more at www.ProTechServices.noaa.gov
