To ensure fairness in the award of Task Orders, an Ombudsman process has
been established for the SeaPort Enhanced program. An Ombudsman is an
individual that Contractors can contact, outside of the traditional
Contracting Office, in order to provide timely resolution of SeaPort
Enhanced procurement related issues.
The primary responsibility of
the Ombudsman is to ensure that all contractors are afforded a fair
opportunity to be considered, consistent with the procedures in the
contract, the Fair Opportunity to Compete regulation, and Small Business
regulations.
Additionally, the Ombudsman has been established to
assist in Alternative Dispute Resolution, by serving as a neutral third
party, and to hear general concerns of Contractors related to the SeaPort-e
procurement process.
In accordance with FAR 16.505(a)(8), no protest
under FAR Subpart 33.1 is authorized in connection with Task Order
Contracting Officer decisions regarding fair opportunity or the issuance of
a TO under this contract, except for a protest on the grounds that a TO
increases the scope, period, or maximum value of the contract (See MAC
Contract Clause H-5, paragraph J). The Ombudsman would serve to assist in
the resolution of complaints that would not fall within the grounds for
protest under this vehicle.
Contractors are instructed to first
contact the local activity contract specialist and contracting officer for
issue resolution. If the issue is not able to be resolved, the issue would
then be elevated to the cognizant local activity Ombudsman. Should
resolution not be achieved with the local activity Ombudsman, then
cognizance for resolution would reside with the Overarching Command or
Headquarter Ombudsman.
Local activity Ombudsman contact information
is available by first logging into the
Vendor Portal, and clicking the Help icon.
The Overarching
SeaPort-e Program Ombudsman will reside at NAVSEA Headquarters. Companies
should contact the Overarching SeaPort-e Program Ombudsman for issues when
more than one ordering activity is involved, or when the issue has not been
able to be resolved with the Overarching Command or Headquarter Ombudsman.
This approach allows for the complaint to initially reside with those who
are more familiar with its background.
The NAVSEA SeaPort Ombudsman
will serve as the overarching SeaPort Enhanced Ombudsman. Companies should
contact the SeaPort Ombudsman, listed below, for issues when more than one
ordering activity, or when NAVSEA HQ, is involved:
seaport_ombudsman@navy.mil