H-7 TASK ORDER PROCESS
A. General. One or more task orders (TOs) may be issued
during the performance period of this contract. The Contractor agrees to accept
and perform orders issued by the Contracting Officer within the scope of this
agreement. It is understood and agreed that the Government has no obligation to
issue any orders except the minimum order. In the event of any inconsistency
between any TO and the contract, the contract shall control. In accordance with
the Federal Acquisition Streamlining Act (FASA) and FAR 16.505(b), the
Procuring Contracting Officer (PCO) will give all awardees a "fair
opportunity" to be considered for each order in excess of $25,000 unless
one of the conditions in paragraph B below applies.
B. Exceptions to Fair Opportunity Consideration. Awardees
will not be given a fair opportunity to be considered for requirements which
are expected to exceed $25,000 when the Contracting Officer determines one of
the following conditions apply:
(1) The agency need for such services is of such urgency
that providing such opportunity would result in unacceptable delays;
(2) Only one such awardee is capable of providing such
services required at the level of quality required because the services ordered
are unique or highly specialized;
(3) The order should be issued on a sole-source basis in the
interest of economy and efficiency as a logical follow-on to a task order
already issued under this contract, provided that all multi-awardees were given
fair opportunity to be considered for the original order; or
(4) It is necessary to place an order to satisfy a minimum
In accordance with FAR 16.5, when an exception to the fair
opportunity to be considered exists, the task order will be processed as a sole
source procurement, including a sole source justification, posting of the TO to the website, a request to the sole source provider for a
proposal, cost and pricing data where applicable, negotiation and award.
Unaffected IDIQ holders will not be notified of the exception.
C. Competitive Ordering Process.
(1) Pre solicitation and solicitation All IDIQ holders will
receive notification of the posting of each proposed TO at the time a proposed
TO is posted to the website. All proposed TOs incorporate all terms of the IDIQ
contract unless otherwise specified in the proposed TO. In addition, the
proposed TO will include:
known information including Sections B through H of the task order (Line
Items, statement of work or objectives, packaging and marking
information, data rights, inspection and acceptance of the services,
period of performance, security, government property/information to be
provided and other relevant information.
means and time for the IDIQ holders to respond expressing interest and
providing appropriate information.
instructions for the means of responding to the TO request, including but
not limited to, oral interviews, reverse auctions, written responses
summarizing technical and price approaches, submission of proposals, the
selection criteria factors, the factors’ order of importance and other
information deemed appropriate.
It is the intent of the government to maximize the use of
electronic submission of all proposals in response to TO
request(s) in accordance with Section H7F.
(2) Responses Awardees will be provided an adequate time to
prepare and submit responses based on the estimated dollar value and complexity
of the proposed TO. The due date shall be set forth in each proposed TO.
Responses will be streamlined and succinct to the extent practical based on the
dollar value and complexity of the work. Responses will not be a proposal as
defined in FAR 15, but only sufficient information to be considered in
accordance with FAR 16. At a minimum the responses will include:
For Item 0001, Option Item 0004 and Option Item 0007 orders, the proposal
may include a detailed cost per hour and the applicable fixed fee per
hour of all resources required to accomplish the task as set forth in the
TO. For Item 0002, Option Item 0005 and Option Item 0008 orders, only the
firm fixed price and positive and negative incentives need to be
submitted, unless otherwise specified in the TO.
of interest information if applicable
However, the responses may also include the following
information e.g., technical approach, including team partners and
experience as required by the TO,
data, computer software, computer software documentation and background
invention restriction information if applicable, as required in Section C
of the contract.
Performance Based Statement of Work
Incentives and Disincentives
(3) Evaluation. The Government will evaluate responses
against selection criteria contained in the proposed TO. The Government’s award
decision will be based upon, as a minimum, price/cost and past performance.
Evaluation of past performance will be based on each IDIQ holder’s past
performance data on work performed under this IDIQ contract, as well as other
information available to the Government. As work proceeds under this contract,
it is probable that current past performance information on recent task orders
will be more important in evaluation of future task orders. In addition,
individual task order selection criteria may include other factor(s) relevant
to the particular task order. The factors will be of equal weight unless
otherwise identified in a task order. If necessary, during the evaluation of
proposals the Government may contact any or all or a limited number of awardees
with questions concerning their responses as permitted under FAR Part 16. Upon
completion of evaluations, the PCO will issue a TO to
the awardee whose proposal is most advantageous to the Government under the
selection criteria set forth in the TO. The PCO will notify the IDIQ holders of
the selection decision.
D. Task Orders. Each individual TO may be cost plus fixed
fee (CPFF), fixed price (FP), or any combination of the two. For example, a TO
may request a CPFF proposal for the first year of the TO, with any subsequent
years to be offered as FP. TOs, or parts of TOs, may include positive and negative
financial incentives, award term provisions, or any other legal incentive the
IDIQ holder proposes. The FP TOs shall include specific metrics, quality
assurance plans and incentives. IDIQ holders must review each TO upon issuance
to prepare its response to reflect any appropriate incentive provisions. Orders
and revisions thereto shall be made in writing and be signed by any authorized
Contracting Officer. Each order shall, as appropriate:
to the appropriate line item or line items under Section B of the IDIQ
forth the specific level of effort and/or performance outcomes desired to
be fulfilled under the task order
forth delivery or performance dates,
the task monitor who will perform inspection and acceptance and past
forth the credit card number or long line of accounting with ACRNs,
forth any payment options such as progress or performance-based payments,
identified by number in accordance with DFARS 204.7004,
forth the property, if any, to be furnished by the Government and the
date(s) such property is to be delivered to the Contractor,
forth the disbursing office where payment is to be made,
a DD Form 1449 or DD Form 1155,
a DD Form 254 and specify security requirements if applicable,data,
forth any other pertinent information.
E. Task Order Issuance. TOs will be issued electronically on
DD Form 1155 Order for Supplies and Services or DD Form 1449 Order for
Commercial Item via electronic commerce. Initially, TOs will be posted to the
NAVSEA or Navy website and may be provided via electronic mail.via
electronic processes in accordance with Section H-7F.
F. Electronic Processes.
The Naval Sea Systems Command (NAVSEA) e-business portal (SeaPort) is accessible through the NAVSEA
professional support services web site (www.seaport.navy.mil). SeaPort establishes a system in which electronic
signatures, transactions, contracts, and records have the same legal
effect as their paper-based counterparts, in accordance with the
"Electronic Signatures in Global and National Commerce Act"
(ESIGN) (Pub.L. 106-229; codified at 15 USC
7001-7006) and the "Government Paperwork Elimination Act"
(GPEA) (Pub.L. 105-277; codified at 44 USC 3504
authorized persons are permitted to engage in legally binding electronic
activities, such as signing/submitting a proposal, and signing/awarding
the Task Order. The SeaPort system requires
user accounts having predetermined authority requirements (i.e.,
authority to legally bind the user's organization), and having username
and password controls. The Contractor shall identify one employee, and
two alternate employees, having the authority to sign legally binding
documents, including proposals, on behalf of the Contractor. NAVSEA
shall identify Procuring Contracting Officers (PCOs) authorized to sign
and award legally binding TO
authorized user is required to confirm the intention to engage in any
legally binding electronic action. The SeaPort
system will display a notice that the user has requested a legally
binding activity and shall require an affirmative/confirming response
before the system will permit the requested action. The
affirmative/confirming response serves as the electronic signature
an authorized user requests and confirms a binding action, the system
automatically and securely records that event and stores the legally
binding content related to that action, including (i)
the authorized user (account) that requested/confirmed the binding
action; (ii) the date and time the binding event occurred; and (iii) a
final or "locked down" copy of the information, documents, or
other materials associated with the binding event (e.g., a copy of the
proposal or task order).
the information related to a legally binding event is stored by the
system, that information (i) can not be altered or modified in any way by any
user--including the authorized user who initiated and confirmed the
action; and (ii) remains accessible and retrievable by the parties
throughout the records retention period required by law.
Order (TO) Solicitations: The NAVSEA-designated PCO for the TO logs in to
the SeaPort system and electronically generates
and releases the TO Solicitation. The binding version of the TO
Solicitation is posted to the SeaPort system in
Portable Document Format (PDF)
each Task Order (TO) Solicitation that the Contractor chooses to submit
a proposal, and before the closing date and time specified in the TO
Solicitation, an authorized, Contractor-designated, officer or employee
with authority to bind the company logs on to the SeaPort
system and generates/uploads the proposal materials.
the authorized user indicates that the proposal is ready for submission,
the system prompts the user to confirm the intent to electronically sign
and submit the proposal materials. Entering an affirmative/confirmatory
response to this prompt is an electronic signature on the proposal
materials, and constitutes the electronic submission of a legally
binding offer by the Contractor.
electronically signed/submitted, the proposal materials can not be modified except by submitting a new, amended
proposal using the same signing/submission process (prior to the closing
the event the SeaPort system is not
operational, experiences technical difficulties, or a contractor is
temporarily unable to access or use the system, the Contractor shall
immediately notify the PCO. The PCO shall allow manual submission of
written proposals in these circumstances. Absent technical difficulties,
all proposals shall be submitted electronically in accordance with the
procedures set forth in this clause.
receipt of the offers, NAVSEA will evaluate the proposals in accordance
with the evaluation criteria set forth in the TO solicitation. When
NAVSEA has completed its evaluation and has selected a contractor for
award of the TO, the NAVSEA-designated PCO for that TO logs on to the SeaPort system and generates/uploads the TO
materials, including information provided by the successful offeror
(e.g., price/cost information) as well as all other terms and conditions
of the binding TO.
the PCO indicates the TO is ready for award, the system issues the
prompt to confirm the intent to electronically sign and award the TO.
Entering an affirmative/confirmatory response to this prompt is the
PCO's electronic signature on the TO; constitutes the electronic award
of the TO; and generates a final PDF version of the TO. This PDF version
is treated as the legally binding, bilaterally executed, version of the
TO, and a copy of the awarded TO will be forwarded electronically to the
awarded, the TO can not be modified except by
electronically signing/awarding a TO amendment using these processes.
G. Unauthorized Work. The Contractor is not authorized to
commence task performance prior to issuance of a signed TO.
H. Task Funding Restrictions. No unfunded tasks are allowed.
I. Ordering Period. Orders for services specified in Section
B of the Schedule may be issued by any Contracting Officer from NAVSEA or its
field activities from contract award through three months before the end of the
contract period of performance.
J. Ombudsman Description. In accordance with FAR
16.505(a)(7), no protest under FAR Subpart 33.1 is authorized in connection
with PCO 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. The Executive Director for
Contracts, or his designee, has been designated as the NAVSEA and related Program
Executive Offices Ombudsman for this contract. The NAVSEA Ombudsman will review
complaints from the contractors and ensure that all contractors are afforded a
fair opportunity to be considered, consistent with the procedures in the
contract. Complaints to the NAVSEA Ombudsman must be forwarded to:
Captain Lynn Simon
Naval Sea Systems Command, Code SEA 026
2531 South Jefferson Davis Highway
Arlington, Virginia 22202
J. Ordering Authority and Tracking AllNAVSEA
shall identify all Procuring Contracting Officers from NAVSEA and its field
activities that are authorized to place orders under this IDIQ contract. Only a
PCO expressly identified by NAVSEA to sign legally binding documents shall be
authorized to place orders.