Using the GSA Schedules Marketplace. Arleen Kinder GSA Customer Service Director. Multiple Award Schedules Training

Transcription

1 Using the GSA Schedules Marketplace Arleen Kinder GSA Customer Service Director 1 Multiple Award Schedules Training

2 Who is GSA the basics: Established July 1, 1949: To streamline administrative work of the Federal government by providing supplies and workplaces for Federal employees # of employees: ~12,000 Annual budget: $26 billion Fleet of 210,000 vehicles 354 million square feet of space 1,500 own and 8,600 leased buildings Key Agency Activities: Leader in Green Government and Telework! Per Diem Rates, GSA Schedules Significant role as Procurement agent of the federal government Co-Primary/Lead agency with FEMA for ESF 7 Logistics in National Disaster/Emergency Response Personal Property Management (GSA Xcess and GSA Auctions.gov websites) Multiple Award Schedules Training

3 Learning Objectives Upon completion, you should be able to: Describe the purpose and benefits of the Multiple Awards Schedule (MAS) program and GWACs for IT Describe the main FAR Subpart 8.4 ordering procedures New FAR and DoD policy relating to Federal Supply Schedules OASIS new GSA acquisition vehicle GSA E-library and E-buy overview 3 Multiple Award Schedules Training

4 Topic 1: Introduction to the MAS Program 4 Multiple Award Schedules Training

5 What is a Multiple Award Schedule? Governmentwide contract vehicle for commercial products, services, and solutions Also known as Federal Supply Schedule (FSS), GSA Schedules or MAS Standing solicitations posted on FedBizOpps Bona-fide government contract awarded using FAR Part 12 procedures 5 Multiple Award Schedules Training

6 MAS Contract Characteristics Multiple Award IDIQ (5 year award, three 5 year options) Fixed Price contract w EPA (economic price adjustment) Performance requirements established at the order level Fair and reasonable pricing Price reductions may be applied at the order level 6 Multiple Award Schedules Training

7 MAS Contract Characteristics Blanket Purchase Agreements (BPAs) Awarded under FAR , not Part 13 Part 13 gives authority to establish BPAs against Schedules, but directs to for procedures 7 Multiple Award Schedules Training

8 New DoD deviation 8 Multiple Award Schedules Training

9 DoD Deviation 9 Multiple Award Schedules Training

10 FAR (b)(2) However, provided that there is adequate competition at the order level Utilizing FAR (b)(2)(i) "...Normally, adequate price competition establishes a fair and reasonable price..." should help facilitate price analysis (depending on the circumstances). 10 Multiple Award Schedules Training

11 Topic 3: Types of Schedules and Characteristics 11 Multiple Award Schedules Training

12 MAS Schedule Facts GSA offers over 20 million supplies and services 39 open and standing solicitations published on FedBizOpps (including 9 managed by VA) Over 19,000 Schedule contracts 80% are small businesses Orders and BPAs may be set aside for small businesses $50 Billion total annual spend (including VA) 12 Multiple Award Schedules Training

13 What Services are Available on Schedule? Environmental Services Professional Engineering Services Logistics Services Language Services Management and Consulting Services (including Training) Temporary Administrative and Professional Services Information Technology Services Advertising and Marketing Services Financial and Business Solutions Security Solutions Facilities Maintenance Disaster Relief Note: For a comprehensive list of services please visit GSA elibrary. 13 Multiple Award Schedules Training

14 What Supplies are Available on Schedule? Office Supplies and Equipment Tools and Hardware Building and Industrial Materials Furniture Scientific Equipment Information Technology Products Vehicles and support equipment Appliances and Food Services Law enforcement, Fire, and Security Products Note: For a comprehensive list of supplies please visit GSA elibrary. 14 Multiple Award Schedules Training

15 Fair Opportunity Fair Opportunity is a basic element of FAR Subpart 8.4 Required when the value of a procurement exceeds the SAT FAR Opportunity requires: RFQ posted on ebuy to afford all schedule contractors under the appropriate Special Item Number an opportunity to submit a quote OR Provide RFQ to as many schedule contractors as practicable to reasonably ensure at least three quotes will be received 15 Multiple Award Schedules Training

16 Fair Opportunity (cont.) (d)(3)(ii) and (c)(3)(iii)(B) When fewer than three quotes are received from schedule contractors that can fulfill the requirement, the contracting officer shall prepare a written determination explaining that no additional contractors capable of fulfilling the requirement could be identified despite reasonable efforts to do so. The determination must clearly explain efforts made to obtain quotes from at least three schedule contractors. DoD One Offer Rule (DFARS & ) DoD agencies follow this policy when only 1 offer is received under a Schedules solicitation. If less then 30 days for offer submission was allowed and the order value exceeds $150K, the KO must consider promoting competition by revising the req s document to eliminate any barriers and by permitting more time for receipt of offers. 16 Multiple Award Schedules Training

17 Limiting Sources (FAR ) Questions to Determine if Competition is Restricted Is the SOW or PWS narrowly defined with overly restrictive specifications or performance standards? Is the order written in such a way as to create a continuous arrangement with the same contractor? Does one of the conditions in FAR apply and is the reason well documented? Is it a brand name or equivalent? What is the total dollar amount of the proposed acquisition? 17 Multiple Award Schedules Training

18 FAR (cont.) There are four circumstances that may justify restriction: 1. Only one source is capable of responding due to the unique or specialized nature of the work. 2. The new work is a logical continuation of the an original Schedule order, provided that the original order was placed in accordance with the applicable Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures 3. An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays. 4. Item peculiar to one manufacturer (brand name). 18 Multiple Award Schedules Training

19 Small Business & MAS useful facts Effective (1102s-day!), can now do SB set-asides on Schedules For GSA Schedules, contractor size is determined at award of the schedule (contract level), not when the KO places an order (order level). Vendor new to MAS has a 5-year base Ordering activities should rely on the small business representation made by Schedule contractors at the contract level GAO has upheld agencies right to request a recertification of size at the order level - while ordering agencies should rely on the size determination made at the Schedule contract level, they can choose to require Schedule contractors re-certify their size at time of quote submittal - We generally don't recommend an agency choose to do the order level size recertification because FPDS will not use the size information entered at the order level; it will use whatever size is assigned to the "parent" contract the order is placed against 19 Multiple Award Schedules Training

20 Open market items with a MAS procurement FAR 8.402(f) (f) For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Schedule (also referred to as open market items) to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order only if - (1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19)); (2) The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable; (3) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and (4) All clauses applicable to items not on the Federal Supply Schedule are included in the order. 20 Multiple Award Schedules Training

21 Topic 5: FAR Subpart 8.4, FAR Part 13, and FAR Part Multiple Award Schedules Training

22 Key Points on Solicitations FAR Subpart 8.4 (above the SAT) Issue a Request for Quotations (RFQ) give vendors appropriate time to respond May seek clarifications and have communications with Schedule contractors FAR Part 15 Issue a Request for Proposals (RFP) offerors have 30 days to submit a proposal Discussions allowed; may establish competitive range Evaluate in accordance with RFQ Evaluate in accordance with RFP Request a price reduction off Schedule price Negotiate cost or price FAR Part 19 does not apply; discretionary set-asides allowed under Agencies may consider socioeconomic status as an evaluation factor No subcontracting plan required Rule of two requires a set-aside per FAR (b) All small business programs options are available for use Small business subcontracting plan is required for large business If over $650k 23 Multiple Award Schedules Training

23 Key Points on Evaluation and Award FAR Subpart 8.4 FAR Part 15 Contractor Teaming Arrangements (CTA) allowed (Not IAW FAR 9.6) Simplified evaluation Evaluation Team Award a task or delivery order Terms and conditions of the Schedule contract apply Feedback Joint Ventures allowed Formal SSEB Award one or more stand-alone contracts Terms and conditions must be included in the contract Debriefs 24 Multiple Award Schedules Training

24 Topic 2: Benefits of the MAS Program 25 Multiple Award Schedules Training

25 FAR Subpart 8.4 Simplifies the Acquisition Process Schedule Orders are: Faster Easier More Economical In contrast to FAR Part 15, Schedule orders do not require: Formal evaluation (SSEB not required) Cost analysis (commercial pricing at the Schedule level) Extensive documentation (less formal process) Debrief (may provide feedback) Competitive range determination 26 Multiple Award Schedules Training

26 Typical GSA Schedule Ordering Process FAR (c)(3) Agencies can conduct mkt. research to determine vendor s capab. to meet req s FAR (d) Agencies can est. best value eval. criteria that can include past perf, experience, tech approach, price, etc. DFARS Consistent w/ Mkt research, agencies should rec v a min. of 3 offers from contractors that can fulfill the work req s Develop SOW Define scope, Tasks & deliverables Market Research Tech. proficiency Depth/breadth experie. Prepare RFQ PoP, location, Tvl Eval Criteria Quote Process Release RFQ Respond Q&As Eval. Process Est. review Panel Review quotes Internal Reviews Functional, Legal Contracting 1-2 Weeks 1-2 Weeks 1-2 Weeks 2-4 Weeks 1-2 Weeks 1-2 Weeks Total Weeks Multiple Award Schedules Training AWARD 1-2 Weeks

27 Topic 6: Advantages of the MAS Program 28 Multiple Award Schedules Training

28 Advantages of the MAS Program (8.4) Saves time Full and open competition has already been obtained Small business set-asides are permissible Publication on FedBizOpps not required Fair and reasonable prices have already been negotiated Terms and conditions are already in place Streamlined process Ordering activity receives socioeconomic credit Flexible purchase options: orders and BPAs etools 29 Multiple Award Schedules Training

29 GSA Small Business GWACs AlliantSB 8aSTARS II VETS GWAC Note: Majority of work must be for IT services Allows for cost-reimbursables and OCDs Scope review available; takes only 2-3 days DPA required for signing KO 30

30 U.S. General Services Administration Federal Acquisition Service What is OASIS and OASIS SB? 31

31 OASIS Principles U.S. General Services Administration Federal Acquisition Service Multiple-award IDIQ Contracts that: Provide a single platform across the Federal Government for acquisition of complex professional services with consistent terms and pricing Allow maximum flexibility at the task order level Are easy to use Provide maximum support to Federal agencies Maximize Small Business utilization 32

32 What do we mean by complex? U.S. General Services Administration Federal Acquisition Service Requirements that contain multiple disciplines; Requirements that contain significant IT components but are not IT requirements in & of themselves; Requirements that contain Other Direct Costs (ODCs); Requirements that need flexibility of contract type (such as cost-reimbursement or a hybrid of contract types); and Any one or combination of all of the above. 33

33 What Do I Use OASIS For? U.S. General Services Administration Federal Acquisition Service To obtain a TOTAL SOLUTION outcome for Professional Service-based requirements Across the Enterprise Cost-reimbursable professional service solutions that are not available on other GSA acquisition vehicles 34

34 Across the Enterprise U.S. General Services Administration Federal Acquisition Service 35

35 OASIS and OASIS SB scope U.S. General Services Administration Federal Acquisition Service Professional services effort of bona-fide executive, administrative, and professional employees as defined - Part 541, Title 29, CFR Requirements may include nonprofessional labor, but only if integral and necessary to the professional service based requirement 36

36 OASIS and OASIS SB scope U.S. General Services Administration Federal Acquisition Service Ancillary Support Services IT Specialized Labor SCA Labor Products ODCs (e.g. Material, Equipment, Travel) 37

37 Task order scopes may not be for U.S. General Services Administration Federal Acquisition Service A predominance of ancillary services as defined in Paragraph C.4 A predominance of employees not employed in a bona fide executive, administrative, or professional capacity as defined in 29 CFR Part 541 and/or employees primarily employed as laborers or mechanics as defined in FAR Subpart Inherently Governmental Functions as defined in FAR Subpart Personal Services as defined in FAR Subpart Architect & Engineering (A&E) Services as defined in FAR Subpart and subject to the Brooks Architect-Engineers Act (40 U.S.C. 1102) 38

38 OASIS Family of Vehicles U.S. General Services Administration Federal Acquisition Service 2 Primary Groups OASIS and OASIS SB OASIS supports requirements that will not be set aside for small business OASIS SB supports requirements that will be set aside for small business Each group has 7 Pools (separate multiple-award contracts) based on NAICS codes and associated small business size standards 39

39 OASIS and OASIS SB Structure U.S. General Services Administration Federal Acquisition Service 7 separate Pools under OASIS and OASIS SB Each Pool is a separate contract Each Pool has one or more NAICS codes assigned to it Each Pool has a single small business size standard Each Pool had unique qualifications for entry 40

40 OASIS SB Pool 1 NAICS Codes: Engineering, Environmental, and Other U.S. General Services Administration Federal Acquisition Service CODE TITLE Engineering Services Advertising Agencies Public Relations Agencies Media Buying Agencies Media Representatives Outdoor Advertising Direct Mail Advertising Advertising Material Distribution Services Other Services Related to Advertising Marketing Research and Public Opinion Polling All Other Professional, Scientific, and Technical Services Size Standard: $14M 41

41 OASIS SB Pool 2 NAICS Codes: U.S. General Services Administration Federal Acquisition Service CODE TITLE Offices of Certified Public Accountants Tax Preparation Services Payroll Services Other Accounting Services Research and Development in the Social Sciences and Humanities Size Standard: $19M 42

42 OASIS SB Pool 3 NAICS Codes: U.S. General Services Administration Federal Acquisition Service CODE TITLE Exception A Engineering for Military and Aerospace Equipment and Military Weapons Exception B Engineering for Contracts and Subcontracts for Engineering Services Awarded Under the National Energy Policy Act of Exception C Engineering for Marine Engineering and Naval Architecture Size Standard: $35.5M 43

43 OASIS SB Pool 4 NAICS Codes: U.S. General Services Administration Federal Acquisition Service CODE TITLE Research and Development in Biotechnology Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology) Size Standard: 500 employees 44

44 OASIS SB Pool 5A NAICS Codes: U.S. General Services Administration Federal Acquisition Service CODE TITLE Exception B Research and Development in Aircraft Parts, and Auxiliary Equipment, and Aircraft Engine Parts Size Standard: 1,000 employees 45

45 OASIS SB Pool 5B NAICS Codes: U.S. General Services Administration Federal Acquisition Service CODE TITLE Exception C Research and Development in Space Vehicles and Guided Missiles, their Propulsion Units, their Propulsion Units Parts, and their Auxiliary Equipment and Parts Size Standard: 1,000 employees 46

46 OASIS SB Pool 6 NAICS Codes: U.S. General Services Administration Federal Acquisition Service CODE TITLE Exception A Research and Development in Aircraft Size Standard: 1,500 Employees 47

47 So How Does This Work? U.S. General Services Administration Federal Acquisition Service The Ordering Contracting Officer assigns a NAICS code to each task order based upon the preponderance of work to be performed The work to be performed and the assigned NAICS code MUST match! The selection of NAICS code dictates which Pool the task order is competed in and what the applicable size standard is. Assignment of NAICS codes may be challenged Challenges are heard by SBA 48

48 Example: U.S. General Services Administration Federal Acquisition Service The Marine Corps wants to research into formulating a new, flexible lightweight armor Predominantly a R&D effort Which NAICS code and Pool should the task order be issued under? 49

49 Answer: U.S. General Services Administration Federal Acquisition Service Pool 4!!! The task order would be coded , which narrows the Pool selection to Pools 4, 5A, 5B, or 6 Pools 5A, 5B, and 6 have specific exceptions that must exist before they can be used 5A: Research and Development in Aircraft Parts, and Auxiliary Equipment, and Aircraft Engine Parts 5B: Research and Development in Space Vehicles and Guided Missiles, their Propulsion Units, their Propulsion Units Parts, and their Auxiliary Equipment and Parts 6: Research and Development in Aircraft 50

50 Answer: U.S. General Services Administration Federal Acquisition Service The requirement does not meet those exceptions, therefore the task order should be competed in Pool 4 The applicable Small Business Size Standard would be 500 employees Be extremely careful to make the proper choices regarding NAICS code and OASIS Pool selection 51

51 U.S. General Services Administration Federal Acquisition Service Authority to Award, Administer and Modify Task Orders 52

52 Delegation of Procurement Authority (DPA) U.S. General Services Administration Federal Acquisition Service To issue orders, you must have a DPA Issued by GSA after completing mandatory OASIS training DPAs are issued to individuals, not agencies at large DPAs are not re-delegable and non-transferrable Agency CO issued a DPA is designated as an Ordering Contracting Officer (OCO) Only OCOs award, administer, and modify orders 53

53 Reassigning task orders for administration U.S. General Services Administration Federal Acquisition Service Agencies should plan for personnel turnover and have an adequate number of COs take OASIS training and apply for a DPA GSA will work with agencies to expedite training and issuance of DPAs when turnover is unexpected 54

54 U.S. General Services Administration Federal Acquisition Service Interagency Acquisition 55

55 Interagency Acquisitions U.S. General Services Administration Federal Acquisition Service Orders placed against OASIS are considered Interagency Acquisitions Except orders by GSA for GSA as the requiring agency Economy Act (FAR ) does not apply to OASIS task orders Normally, unless a more specific statutory authority exists, the Economy Act 1 applies Authority for OASIS 40 U.S.C. 501 Federal Property and Administrative Services Act GSA is authorized to purchase supplies and nonpersonal services for agencies 56

56 U.S. General Services Administration Federal Acquisition Service Ordering Process 57

57 Six Broad Phases to Ordering Process U.S. General Services Administration Federal Acquisition Service 1 Acquisition Planning 2 Define Requirements/Develop the Solicitation 3 Issue the Solicitation 4 Evaluate Proposals 5 Award the Task Order 6 Administer the Order, Execute the Work, Closeout the Order 58

58 Step 1 - Acquisition Planning U.S. General Services Administration Federal Acquisition Service Which OASIS vehicle to use Depends on decisions made in the planning process as to whether or not your requirement should be set-aside for small business When a Small Business set-aside is to be accomplished, use OASIS SB as that is a 100% Small Business set-aside family of contracts. When a Small Business set-aside will not be accomplished, use OASIS. 59

59 Step 1 - Acquisition Planning U.S. General Services Administration Federal Acquisition Service Agencies have differing standards, interpretations, and policies regarding set-aside determination. The OASIS contracts and program office offer no opinion on any agency s decision making process concerning this issue. Case law suggests (see MORI Associates US Court of Federal Claims) that the determination to set-aside a procurement for Small Business or not is part of the acquisition planning process and to be done prior to contract selection. The OASIS family of contracts is structured in accordance with this. 60

60 Step 1 - Acquisition Planning U.S. General Services Administration Federal Acquisition Service Set Asides for socioeconomic Group Participation and Direct Awards may be performed on OASIS SB If offers are anticipated from at least three SB concerns in a socioeconomic category, OCO may set the task order aside Direct awards may be made to those socioeconomic categories allowed by law: 8(a) HUBZONE SDVOSB 61

61 Exceptions To The Fair Opportunity Process U.S. General Services Administration Federal Acquisition Service 6 Exceptions FAR (b)(2)(i) (A) Urgent And Compelling (B) Only One Awardee Capable (C) Sole Source Logical Follow-on (D) Necessary To Satisfy Minimum Guarantee (E) Authorized by Statute (F) Section 1331 Of PL (Small Business Jobs Act) Allows CO Discretion To Set-aside Orders For Any Of The SB Concerns Identified In FAR (a)(3) 1 Exceptions in FAR Part 6 also apply: Only one source, urgency, mobilization, International Agreement, Statute, and National Security 1 Exception (F) is used on OASIS SB, not OASIS 62

62 Task Order Contract Types U.S. General Services Administration Federal Acquisition Service Subject to FAR and Agency criteria, you may use any contract type appropriate for your requirement, including, but not limited to: Fixed-Price, all types Cost-reimbursement, all types Time-and-materials/Labor-Hour Hybrids of any of these types Hybrids please use separate CLINs for work under each pricing type annotate the CLIN with type 63

63 Assign a NAICS Code To Each Order U.S. General Services Administration Federal Acquisition Service Assign a NAICS code that represents the principal nature of the work under the task order May not be the NAICS code that populates on the task order award action report in FPDS-NG NAICS code will determine which pool of contractors will compete for the order Identify the pool, NAICS code and associated small business size standard in the task order solicitation 64

64 U.S. General Services Administration Federal Acquisition Service POOL 1 SIZE STANDARD $14 MILLION POOL 2 POOL 3 SIZE STD $19 MILLION SIZE STD $35.5 MILLION Exception A Exception B Exception C POOL 4 POOL 5A POOL 5B 500 Employees 1,000 Employees 1,000 Employees Exception B Exception C POOL 6 1,500 Employees Exception A Codes in BOLD are designated primary codes for FPDS-NG reporting purposes 65

65 NAICS Codes A Word of Caution U.S. General Services Administration Federal Acquisition Service In accordance with regulation, OCOs shall choose NAICS codes which represent the preponderance of work to be performed on the task order. OCOs shall NOT choose NAICS codes because of the small business size standard associated with the code. The OASIS Program Office will monitor this very closely. 66

66 OASIS and OASIS SB (cont.) 19 Dec HQs USAF signed MOA to commit to OASIS OASIS will save Air Force, and our folks in the field, a tremendous amount of time and effort. It will allow us to aggressively go after our small business goal with access to highly capable and vetted companies, and it significantly reduces our manpower requirements to conduct complex acquisitions, said Randall D. Culpepper, Program Executive Officer for Combat and Mission Support, Office of the Assistant Secretary of the Air Force for Acquisition. "Our partnership with GSA on OASIS allows us preserve precious resources while putting in place a tool that is exceptionally responsive to the needs of defense organizations supporting the warfighter. We think this will be a great long-term relationship that will get us a lot of bang for the acquisition bucks that we have. 67

67 GSA Market Research tools Research using GSA E-tools GSA E-Library card catalog of all GSA & VA Schedules, and vendors who are on Schedule GSA Advantage GSA s version of Amazon.com Superb tool for product/commodity research * Recommend doing research in E-Library and Advantage prior to embarking on an RFQ or Reverse Auction 68

68 elibrary Schedules listings Descriptions elibrary Clauses Contractor details EPLS status elibrary - The official online source for complete GSA and VA Schedules information a great market research tool. 69

69 70 E-Library screenshot

70 71 E-Library clauses screenshot

71 72 E-Library contract clause document

72 GSA Advantage! Search Review Place Order View history GSA Advantage! - an online shopping service through which ordering activities may place orders against the Schedules using the Governmentwide Purchase Card. 73

73 ebuy Post Requirements Issue RFI/RFQ Notification of Award ebuy - An online RFQ system that allows ordering activities to post requirements, obtain quotes, and issue orders. 74

74 Web Resources MAS Training Student Guides MAS Desk Reference Multiple Award Schedules elibrary GSA Advantage! ebuy MAS News Federal Acquisition Regulation (FAR) 75 Multiple Award Schedules Training

75 Webinars and Online Training Monthly Webinars sponsored by the MAS Program Office Q & A/Training for Contracting Training Videos - Continuous Learning Modules Federal Acquisition Institute Defense Acquisition University Search for continuous learning modules with FAC prefix 76 Multiple Award Schedules Training

76 Ph: (719) Multiple Award Schedules Training