Federal Acquisition Service U.S. General Services Administration Complex Use of Multiple Award...

Federal Acquisition Service

U.S. General Services Administration

Complex Use of Multiple Award Schedules by

Experienced CustomersA Power User Session

Complex Use of Multiple Award Schedules by

Experienced CustomersA Power User Session

Name: Dan Briest Title: Contracting Officer Agency: Management Services CenterDate: 4 May 2010

Name: Dan Briest Title: Contracting Officer Agency: Management Services CenterDate: 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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In-Scope or Out-of-Scope?

GSASchedule

Scope

Out-of-Scope•Non-Commercial •Construction/A&E

•Cost-type contracts

GSAContractScope

Out-of-Scope•Terms & Conditions conflicting

with Contract (or Schedule)•Services outside the scope of

the Contract (or Schedule)Task Order

Scope Out-of-Scope•Degree of Scope Changes

•Type of Scope Change•Amount of price or period

of performance change

ModificationScope



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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 LimitationsArchitect/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 PitfallsFailure 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)

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



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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 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 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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BPA Decision

GSASchedules

Determine In-Scope

PWS

RecurringTasks?

NoIssue

RFQ/Task Order

Quotes Order

YesBroad

Requirement?

Yes

Multiple-Award BPA

No

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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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 OrderTwo 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 Contractors70 871 874 874V 899

IT PES MOBIS LOG ENV

Company A X

Company B X X X X

Company C X X X

Company D X X X X X

Company E X X X X X

Company F X X

Company G X X X X X

Company H X X X X

Company I X X X X X

Company J X X X



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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” 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

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



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Prime/Subcontractor Relationship

Sub Sub

PrimeContractor

BPAs/Orders Only to Prime

(Schedule Contractor)



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MAS Teaming and Subcontracting

Team Lead

Team Member 1

Team Member 2

SubSub

Sub(has Schedule)

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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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 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

Agreement is solely between the Members-

can’t conflict with the Schedule



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CTAs and BPAs: Putting It All Together

Aggregate

Your Requirements

Use single/ Consolidated Schedule

Task Award to a Single Contractor

Use Several Schedules Award BPAs Contractors Team



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Creating “Domains”

Step 1

Analyze YourRequirement

Step 2

IdentifyService

Categories

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



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Performance Based SOW

Extract Primary Requirements



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Engineering/Scientific RequirementsStrategic 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

What Schedule (or Schedules)

meet those Requirements?

Engineering & ScientificEngineering & Scientific

871 Engineering 874 MOBIS899 Environmental70 IT



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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 OrdersInitiate through EXPRESS-Net Secure Website

Upload Performance Work Statement (PWS) ORStatement 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

Task Order Competition ProcessTask Order Competition Process

Task Order Preparation,Review, &

Award

Vendor Q&A -Revisions -Post Final

RFQ

Evaluation & Source

Selection

Exp

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RequirementsDefinition -

Generate DraftDocuments

Legal5

Vendor Proposal

Statement of Work Evaluation Criteria

RequirementsIdentification

Final RFQ

Draft RFQ

Cost Estimate

5 D

ays

5 day draft / 5 day response period

Award

8 D

ays

Gov’t Evaluation5



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Standard Task Order Evaluation Criteria

Price

FunctionalApproach

Socio-Economic

Experience

•Discounting on Task Orders Expected

•GSA Rates Maximum Best Value

Flexible Criteria WeightingCustomer Makes Decision



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Standard Selection Criteria for All DomainsExperienceFunctional Approach Socio-Economic SupportPrice

• 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 Task Orders

Obligations Program Percentage

Business and Analytical

30 $162.4 M 4 %

Logistics 59 $455.4 M 12%

Programmatic 69 $613.8 M 16%

Technical 149 $2.5 B 68%

Total Program 307 $3.8 B



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Dan Briest(253) 931-7553

[email protected]

Management Services Center(800) 241-RAIN (7246)

www.gsa.gov/mgmtservices

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