the presentation

Report
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Complex Use of Multiple Award
Schedules by Experienced Customers:
A Power User Session
Breakout Session #714
Jeff Manthos
GSA, Management Services Center
July 21, 2010
10:00 Session
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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 Used For…?
• Recycling computer monitors (Environmental)
• Food service for soldiers in Iraq (Logistics)
• Agency reorganizations [even GSA’s] (MOBIS)
• Aircraft electronic maintenance (Logistics)
• Acquisition Support Services (MOBIS)
• Translation of Osama bin Laden tapes
(Language)
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In-Scope or Out-of-Scope?
GSA
Schedule
Scope
GSA
Contract
Scope
Task Order
Scope
Modification
Scope
Out-of-Scope
•Non-Commercial
•Construction/A&E
•Cost-type contracts
Out-of-Scope
•Terms & Conditions conflicting
with Contract (or Schedule)
•Services outside the scope of
the Contract (or Schedule)
Out-of-Scope
•Degree of Scope Changes
•Type of Scope Change
•Amount of price or period
of performance change
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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
• Failure of Ordering Officer to Show
Schedule and SINs on RFQ
“Wrong
Schedule”
• “Whatever GSA Schedule You Have”
Order is
(the chosen contractor)
Protestable by
“Right
• “Labor Category Shopping” rather than
Schedule”
determining the SINs required to
Contractor
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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Why Establish an 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
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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 each
Task 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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BPA Decision
PWS
GSA
Schedules
Multiple-Award BPA
Determine
In-Scope
Issue
RFQ/Task Order
No
Yes
Recurring
Tasks?
Yes
Broad
Requirement?
No
Order
Quotes
Single-Award BPA
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Single Award BPA
•
•
•
•
Issue BPA, RFQ, (PWS)
Receive and Evaluate BPA Quotes
Establish 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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Multiple-Award BPA
• Issue BPA RFQ (PWS) • For each Recurring Task:
– Develop Task Order Evaluation
• Receive & Evaluate
Criteria
BPA Quotes
– Issue Task Order RFQ (PWS) to
• Best-Value Source
“an appropriate number” of BPASelection
holders (FAR 8.402-3(b)(2))*
– Evaluate the Multiple Quotes:
• Establish Multiple
Best-Value Source Selection
BPAs
– Award Task Order
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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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/Subcontractor Relationship
Prime
Contractor
Sub
Sub
BPAs/Orders Only to Prime (Schedule Contractor)
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MAS Teaming and Subcontracting
Team Lead
Team
Member 1
Team
Member 2
Sub
Sub
(has Schedule)
Sub
Sub
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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Teaming Agreement Highlights
•
•
•
•
•
•
•
•
•
•
•
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
Agreement is solely
Confidential Information
between the Memberscan’t conflict with the
Schedule
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CTAs and BPAs: Putting It All Together
Aggregate
 Use single/
Consolidated
Schedule
 Task Award to a
Single Contractor
Your Requirements
 Use Several Schedules
 Award BPAs
 Contractors Team
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Creating “Domains”
Resource Management
•Schedule 874 - MOBIS
•Schedule 520 - Financial & Business
•Schedule 738 X - Human Resource Services
•Schedule 70 – Information Technology Services
Logistics & Engineering
•Schedule 874 V - LOGWORLD
•Schedule 871 - Professional Engineering
Services
•Schedule 899 – Environmental Services
Align Schedules or SIN’s
Under Service Categories Step 3
Step 1
Analyze Your
Requirement
Step 2
Identify
Service
Categories
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Performance Based SOW
Extract Primary
Requirements
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Engineering/Scientific Requirements
Strategic Planning
Concept Development
Technical Studies and Analysis
Requirements Analysis
Technology Assessments
Integrated Project Team Support
Risk Analysis and Recommendations
Engineering Support
Safety and Environmental Analysis
Modeling and Simulation
Logistics Engineering Assessments
Test and Evaluation
Specification Development
Independent Engineering Assessments
Acquisition Engineering
Integration of Systems/Subsystems
Process Assessments
Life Cycle Support and Analysis
Design Trade offs and Cost/Benefit
Analysis
Training and Human Factors Support
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Multiple-Schedule Solution
Engineering & Scientific
871 Engineering
874 MOBIS
899 Environmental
70 IT
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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Annual BPA Review and Award Term Decision
•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
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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
Initiate through EXPRESS-Net Secure Website
Upload Performance Work Statement (PWS)
OR
Statement of Work And Approval for Non-Performance Based Acquisition (The
requiring organization uploads the PWS into EXPRESS Net after all Contracting
Officer and Legal revisions have been incorporated into the PWS.)
Complete Task Order Data Requirements (DD 1423) (Select, download, and
complete from approved CDRL List)
Generate Task Order Independent Government Estimate
Upload Certified or Planning Procurement Work Directive
Identification of COR/TM & Evidence of Training/Qualifications
Service Contract Approval
Evaluator/SSA Listing
Hard Copy of CASL Input (for AMCOM LCMC Reqmts)
NOT REQUIRED
•Acquisition Plan
•Evaluation Plan
•Synopsis
•Approval for Use of
Non-DOD Contract
•DD254 if within BPA
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1 - 2 Days
Intake and Assessment
5 Days
Requirements
Identification
Statement of Work
Cost Estimate
Evaluation Criteria
Requirements
Definition Generate Draft
Documents
Vendor Q&A Revisions Post Final
RFQ
Draft RFQ
5 day draft /
5 day response period
5 Days
10 Days
Source Selection
8 Days
Target Timeline <30 Days
Expedited Award Process
Task Order Competition Process
Final RFQ
Vendor Proposal
Gov’t Evaluation
5
Award
Legal
5
Evaluation &
Source
Selection
Task Order
Preparation,
Review, &
Award
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Standard Task Order Evaluation Criteria
•Discounting on Task
Orders Expected
•GSA Rates Maximum
Price
Best Value
Functional
Approach
Experience
SocioEconomic
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)
Domain
Business and Analytical
Logistics
Programmatic
Technical
Total Program
Task
Orders
Obligations
Program
Percentage
30
59
69
149
307
$162.4 M
$455.4 M
$613.8 M
$ 2.5 B
$ 3.8 B
4%
12%
16%
68%
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Jeff Manthos
[email protected]
Management Services Center
(800) 241-RAIN (7246)
www.gsa.gov/mgmtservices
Services Ordering Solutions: Avoiding MAS Confusion
http://blogs.gsa.gov/blogs/servicesordering.nsf

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