delegation of procurement authority training building ... · (1) the requirements of this subpart...
TRANSCRIPT
Delegation of Procurement Authority Training
Building Maintenance & Operations (BMO)
Strategic Sourcing
Presenter: Janet Schweer
GSA BMO Program Office
Date:
2 2
Training Agenda
BMO
What is it?
Who Can Use It?
Ordering Process
MOST IMPORTANT THING
Summary
Questions
3 3
What is BMO?
4 4
BMO’s Principles
Multiple-award IDIQ Contracts that:
Provide a single platform across the Federal Government
for acquisition of complex facilities maintenance and
management services
Allow maximum flexibility at the task order level
Are easy to use
Provide maximum support to Federal agencies
Maximize Small Business utilization
Applicable sustainable product requirements are included
at the parent contract level
5 5
Zonal Approach
Zone 1
States: DC, VA,
MD, PA, DE, NY,
NJ, WV
Sq. Miles: 200K
Est. Annual
Spend: $1.8B
Zone 2
States: MA, CT,
NH, VT, ME, RI
Sq. Miles: 73K
Est. Annual
Spend: $237M
Zone 3
States: FL, GA,
NC, SC
Sq. Miles: 221K
Est. Annual
Spend: $848M
Zone 4
States: TX, OK
Sq. Miles: 338K
Est. Annual
Spend: $717M
Zone 5
States: CA, NV
Sq. Miles: 274K
Est. Annual
Spend: $586M
Zone 6
States: MO, IL,
IA, NE, KS
Sq. Miles: 344K
Est. Annual
Spend: $370M
* Spend estimates based on FY14 obligated dollars
6 6
BMO’s Advantages
BMO is NOT a GSA Schedule (FAR Part 8.4 does NOT
apply)!
FAR Part 16.505 “Streamlined Acquisition
Procedures” APPLY!
Synopsizing or Posting Solicitations in FBO.gov is NOT Applicable! (except for exceptions to fair opportunity)
Protests less than $10 Million NOT allowable! (except for
increase in scope or period)
Source Selection Procedures of FAR Part 15.3 does NOT
apply!
The ordering contracting officer may exercise broad
discretion in developing appropriate order placement
procedures
7 7
BMO’s Advantages
Maximum Flexibility for Ancillary Support Items like
ancillary labor, materials, and Other Direct Costs
(ODCs)
Highest Technically Rated Contractors
Variety of contract types allowable
Commercial procedures
Flexible On-Ramp Procedures
Unilateral changes clause waiver
10-year IDIQ parent contract term
8 8
BMO’s Advantages
Required and Applicable FAR Clauses
Automatically Flow Down
Optional FAR/DFAR and other Agency Specific Clauses
may be tailored specifically to your requirement
ALL awardees have been determined Responsible
(FAR Part 9)
9 9
What Do I Use BMO For?
To obtain a solution for facilities
maintenance services in one or multiple
locations of various types, for one or
multiple services
10 10
BMO Family of Vehicles
Two Vehicles – BMO and BMO SB BMO supports requirements that will not be set aside for small
business
BMO SB supports requirements that will be set aside for small business
NAICS 561210 ($38.5M)
BMO SB
24 companies
BMO Unrestricted
9 companies
Note: See www.gsa.gov/bmo for complete list of vendors
11 11
BMO and BMO SB Structure Operations and Maintenance Facility Support Services
HVAC Maintenance Janitorial
Plumbing and Pipefitting Landscaping/Grounds Maintenance
Elevator Maintenance Pest Control
Electrical Maintenance Waste Management Recycling Services
Fire Alarm System Maintenance Repair
Roofing Services
Building Management Services
Architectural and Framework Building
Maintenance Services
Commissioning Services
Elevator Inspection Services
Other Facility Management Related
Services
12 12
What Else Can Be Included in BMO Orders?
Other Direct Costs (e.g. Material,
Equipment, Travel)
13 13
BMO User Interface
BMO Unrestricted Contract
Service Categories ACEPEX
Management
(Small
Business AMEC CBRE
Complete Building
Services EML LLC
J&J Worldwide
Services
Jones, Lang
& LaSalle LB&B
WW
Contractors
(Small
Business)
HVAC Maintenance X X X X X X X X X
Plumbing and Pipefitting X X X X X X X X X
Elevator Maintenance X X X X X X X X X
Electrical Maintenance X X X X X X X X X
Janitorial X X X X X X X X
Landscaping/Grounds Maintenance X X X X X X X X
Fire Alarm System Maintenance and Repair X X X X X X X X
Fire Suppression (Water Based) System
Preventative Maintenance and Repair X X X X X X X X
Roofing Services X X X X X X
Building Management Services X X X X X X X X
Architectural and Framework Building
Maintenance Services X X X X X X X
Commissioning Services X X X X X X X
Elevator Inspection Services X X X X X X X X
Other Facilities Management Related Services X X X X X
Pest Control X X X X X X X
Waste Management and Recycling Services X X X X X X X
14 14
What Can BMO Not Be Used For?
Telecommunication systems
Furnishings (not installed as fixtures)
Equipment owned by servicing public utilities
Computers and IT equipment
Personally owned appliances (e.g., heaters, coffee makers,
microwaves, etc.)
IT Requirements in accordance with the Clinger Cohen Act
Inherently Governmental Functions as defined in FAR Subpart 2.101
Personal Services as defined in FAR Subpart 2.101
Architect & Engineering (A&E) Services as defined in FAR Subpart
2.101 and subject to the Brooks Architect-Engineers Act (40 U.S.C.
1102)
Hazardous material removal and abatement
15 15
So How Do I Decide If I Can Use BMO?
The BMO question:
Is the predominance of the labor to be
performed on my task order within the
scope of the BMO service groups?
– If Yes, proceed with consideration of
BMO
– If No, consider how services were
previously procured
16 16
What are the Service Contract Labor
Standards?
Formerly known as Service Contract Act of 1965
FAR Subpart 22.10 - 22.1002-1 General.
Service contracts over $2,500 shall contain mandatory provisions
regarding minimum wages and fringe benefits, safe and
sanitary working conditions, notification to employees of the
minimum allowable compensation, and equivalent Federal
employee classifications and wage rates. Under 41 U.S.C.
6707(d), service contracts may not exceed 5 years.
22.1026 Disputes concerning labor standards.
Disputes concerning labor standards requirements of the
contract are handled under paragraph (t) of the contract
clause at 52.222-41, Service Contract Labor Standards, and not
under the clause at 52.233-1, Disputes.
17 17
What are the Service Contract Labor
Standards?
22.1002-2 Wage determinations based on
prevailing rates
Contractors performing on service contracts in
excess of $2,500 to which no predecessor
contractor’s collective bargaining agreement
applies shall pay their employees at least the
wages and fringe benefits found by the
Department of Labor to prevail in the locality or,
in the absence of a wage determination, the
minimum wage set forth in the Fair Labor
Standards Act
18 18
When does SCLS not apply?
22.1003-3 Statutory exemptions.
The Service Contract Labor Standards statute does not apply to—
(a) Any contract for construction, alteration, or repair of public buildings
or public works, including painting and decorating;
(b) Any work required to be done in accordance with the provisions
of 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and
Equipment Exceeding $15,000;
(c) Any contract for transporting freight or personnel by vessel, aircraft,
bus, truck, express, railroad, or oil or gas pipeline where published tariff
rates are in effect;
(d) Any contract for furnishing services by radio, telephone, telegraph,
or cable companies subject to the Communications Act of 1934;
(e) Any contract for public utility services;
(f) Any employment contract providing for direct services to a Federal
agency by an individual or individuals; or
(g) Any contract for operating postal contract stations for the U.S. Postal
Service.
19 19
What contracts are covered?
The following examples, while not definitive or exclusive, illustrate some of the types of services that have been found to be covered by the Service Contract Labor Standards statute (see 29 CFR 4.130 for additional examples):
(a) Motor pool operation, parking, taxicab, and ambulance services.
(b) Packing, crating, and storage.
(c) Custodial, janitorial, housekeeping, and guard services.
(d) Food service and lodging.
(e) Laundry, dry-cleaning, linen-supply, and clothing alteration and repair services.
(f) Snow, trash, and garbage removal.
(g) Aerial spraying and aerial reconnaissance for fire detection.
(h) Some support services at installations, including grounds maintenance and landscaping.
(i) Certain specialized services requiring specific skills, such as drafting, illustrating, graphic arts, stenographic reporting, or mortuary services.
(j) Electronic equipment maintenance
and operation and engineering support services.
(k) Maintenance and repair of all types of equipment, for example, aircraft, engines, electrical motors, vehicles, and electronic, office and related business and construction equipment.
(But see 22.1003-4(c)(1) and (d)(1)(iv).)
(l) Operation, maintenance, or logistics support of a Federal facility.
(m) Data collection, processing and analysis services.
20 20
What are Wage Rate Requirements
Statutes?
Formerly known as Davis Bacon Act
FAR Subpart 22.4 Labor Standards for
Contracts Involving Construction
(a) Contracts for construction work. (1)
The requirements of this subpart apply—
21 21
When are Wage Rate Requirements Statutes
Applicable?
(i) Only if the construction work is, or reasonably can
be foreseen to be, performed at a particular site so that wage
rates can be determined for the locality, and only to construction
work that is performed by laborers and mechanics at the
site of the work;
(ii) To dismantling, demolition, or removal of
improvements if a part of the construction contract, or if construction
at that site is anticipated by another contract as provided
in subpart 37.3;
(iii) To the manufacture or fabrication of construction
materials and components conducted in connection with
the construction and on the site of the work by the contractor
or a subcontractor under a contract otherwise subject to this
subpart; and
(iv) To painting of public buildings or public works,
whether performed in connection with the original construction
or as alteration or repair of an existing structure.
22 22
When are Wage Rate Requirements Statutes
Applicable? (b) Nonconstruction contracts involving some construction
work. (1) The requirements of this subpart apply to construction
work to be performed as part of nonconstruction
contracts (supply, service, research and development, etc.)
if—
(i) The construction work is to be performed on a
public building or public work;
(ii) The contract contains specific requirements for a
substantial amount of construction work exceeding the monetary
threshold for application of the Construction Wage Rate
Requirements statute (the word “substantial” relates to the
type and quantity of construction work to be performed and
not merely to the total value of construction work as compared
to the total value of the contract); and
(iii) The construction work is physically or functionally
separate from, and is capable of being performed on a segregated
basis from, the other work required by the contract.
23 23
What are Wage Rate Requirements Statutes
Applicable?
(2) The requirements of this subpart do not apply if—
(i) The construction work is incidental to the furnishing
of supplies, equipment, or services (for example, the
requirements do not apply to simple installation or alteration
at a public building or public work that is incidental to furnishing
supplies or equipment under a supply contract; however,
if a substantial and segregable amount of construction,
alteration, or repair is required, such as for installation of
heavy generators or large refrigerator systems or for plant
modification or rearrangement, the requirements of this subpart
apply); or
(ii) The construction work is so merged with nonconstruction
work or so fragmented in terms of the locations
or time spans in which it is to be performed, that it is not capable
of being segregated as a separate contractual requirement.
24 24
What are Collective Bargaining
Agreements? 22.1002-3 Wage determinations based on collective bargaining agreements.
(a) Successor contractors performing on contracts in excess of $2,500 for substantially the same services performed in the same locality must pay wages and fringe benefits (including accrued wages and benefits and prospective increases) at least equal to those contained in any bona fide collective bargaining agreement entered into under the predecessor contract. This requirement is self-executing and is not contingent upon incorporating a wage determination or the wage and fringe benefit terms of the predecessor contractor’s collective bargaining agreement in the successor contract. This requirement will not apply if the Secretary of Labor determines—
(1) After a hearing, that the wages and fringe benefits are substantially at variance with those which prevail for services of a similar character in the locality; or
(2) That the wages and fringe benefits are not the result of arm’s length negotiations.
(b) Paragraphs in this subpart 22.10 which deal with this statutory requirement and the Department of Labor’s implementing regulations are 22.1010, concerning notification to contractors and bargaining representatives of procurement dates;22.1012-2, explaining when a collective bargaining agreement will not apply due to late receipt by the contracting officer; and 22.1013 and 22.1021, explaining when the application of a collective bargaining agreement can be challenged due to a variance with prevailing rates or lack of arm’s length bargaining.
25 25
Price Adjustments
The clause at 52.222-44, Fair Labor
Standards Act and Service Contract Labor
Standards—Price Adjustment, applies to both contracts subject to area
prevailing wage determinations and contracts subject to contractor collective bargaining agreements (see 22.1002-2
and 22.1002-3)
26 26
So How Does This Work?
The Ordering Contracting Officer determines the service categories appropriate for the work to be performed
The OCO assigns a NAICS code to each task order based upon the preponderance of work to be performed May or may not be 561210
The work to be performed and the assigned NAICS code MUST match!
Assignment of NAICS codes may be challenged Challenges are heard by SBA
27 27
Primary NAICS 561210, Size Standard $38.5M
Primary NAICS 561210, Size Standard $38.5 M
Service / Service
Grouping NAICS Code NAICS Title Size Standard
HVAC Maintenance 238220 Plumbing, Heating, and Air-
Conditioning Contractors $15 M
Plumbing and Pipefitting 238220 Plumbing, Heating, and Air-
Conditioning Contractors $15 M
Elevator Maintenance 238290 Other Building Equipment
Contractors $15 M
Electrical Maintenance 238210
Electrical Contractors and
Other Wiring Installation
Contractors
$15 M
Fire Alarm System
Maintenance and Repair 561621
Security Systems Services
(except Locksmiths) $20.5 M
Fire Suppression (Water
Based) System Preventative
Maintenance and Repair
238220 Plumbing, Heating, and Air-
Conditioning Contractors $15 M
Roofing Services 238160 Roofing Contractors $15 M
Building Management
Services 531312
Nonresidential Property
Managers $7.5 M
Architectural and Framework
Building Maintenance
Services
236220 Commercial and Institutional
Building Construction $36.5 M
Commissioning Services 541330 Engineering Services $15 M
Elevator Inspection Services 541350 Building Inspection Services $ 7.5 M
28 28
Primary NAICS 561210 Primary NAICS 561210, Size Standard $38.5M
Service / Service
Grouping NAICS Code NAICS Title Size Standard
Janitorial 561720 Janitorial Services $18 M
Landscaping/Grounds
Maintenance 561730 Landscaping Services $7.5 M
Pest Control 561710 Exterminating and Pest
Control Services $11 M
Waste Management and
Recycling Services 562111 Solid Waste Collection $38.5 M
29 29
Example:
GSA needs roof maintenance and repair
(NOT installation of entire roof)
Maintenance and repair of a roof
considered “service” and not
“construction”
Which NAICS code and Service Category
should the task order be issued under?
30 30
Answer
Only BMO vendors that qualified for Roofing
Services can be solicited
The task order would be coded 238160 ($15M)
Ordering CO has discretion
31 31
Example:
Department of Agriculture needs HVAC
maintenance, electrical maintenance,
janitorial and grounds maintenance
services at three locations
Agency CO has determined that the
work will be
–30% HVAC maintenance
–30% janitorial services
–20% electrical maintenance
–20% grounds maintenance
32 32
Answer:
Only BMO vendors that qualified for all of the
desired services can be solicited
The task order could be coded 561210 ($38.5M)
because it covers multiple services and one service
could not be determined to be more heavily
emphasized than another
Ordering CO has discretion
33 33
Authority to Award,
Administer and Modify
Task Orders
34 34
Delegation of Procurement Authority (DPA)
To issue orders, you must have a DPA
Issued by GSA after completing mandatory BMO 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
35 35
Reassigning task orders for administration
Agencies should plan for personnel
turnover and have an adequate number
of COs take BMO training and apply for a
DPA
GSA will work with agencies to expedite
training and issuance of DPAs when
turnover is unexpected
36 36
Authority
37 37
Authority
The Administrator of the U.S. General Services
Administration (GSA) is specifically authorized to
purchase supplies and non-personal services on
behalf of other agencies under the Federal Property
and Administrative Services Act (40 U.S.C. 501)
BMO is a family of Multiple Award, Indefinite Delivery,
Indefinite Quantity (MA-IDIQ) contracts for
Government-wide service based requirements which
is available for use by all Federal agencies and other
entities as listed in the GSA Order, ADM 4800.2G,
Eligibility to use GSA Sources of Supply and Services,
as amended
38 38
Ordering Process
39 39
Six Broad Phases to Ordering Process
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,
Close-out the Order
40 40
Step 1 - Acquisition Planning
Which BMO 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 BMO SB as that is a 100% Small Business set-aside family of
contracts
When a Small Business set-aside will not be accomplished, use BMO
41 41
Step 1 - Acquisition Planning
Agencies have differing standards, interpretations,
and policies regarding set-aside determination.
The BMO 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 BMO family of contracts is structured in
accordance with this.
42 42
Step 1 - Acquisition Planning
Set Asides for socioeconomic Group Participation
may be performed on BMO SB
If offers are anticipated from at least two SB concerns in a
socioeconomic category, OCO may set the task order
aside
43 43
Exceptions To The Fair Opportunity Process
6 Exceptions – FAR 16.505(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 111-240 (Small Business Jobs Act)
Allows CO Discretion To Set-aside Orders For Any Of The SB
Concerns Identified In FAR 19.000(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 BMO SB, not BMO
44 44
Task Order Contract Types
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
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
45 45
Assign a NAICS Code To Each Order
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
Service categories needed and NAICS code used
will determine which contractors will compete for
the order
Identify the service category(ies), NAICS code and
associated small business size standard in the task
order solicitation
46 46
NAICS Codes – A Word of Caution
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 BMO Program Office will monitor this very
closely
47 47
Task Order Duration
Task order must be solicited before the BMO or
BMO SB term expires and may extend no more
than 5 years after IDIQ term expires
Options may be exercised after the IDIQ term
expires as long as the task order duration does not
extend more than 5 years after the expiration
Master IDIQ contract terms still govern orders
extending beyond the IDIQ expiration
48 48
Minimum and Maximum Order
Minimum order is set at $2500
Government is not obligated to order, and
the Contractor is not obligated to honor,
orders below this amount
Maximum order limitation is $15 Billion,
which is the contract ceiling
49 49
Labor Categories (LCATs)
The BMO contracts feature standardized labor
categories, which are based upon the OMB
Standard Occupational Classification (SOC)
System.
BMO and BMO SB contain 131 LCATs that are
mapped to 131 occupations.
Each LCAT identifies the specific SOC occupation
mapped to that LCAT.
50 50
Task Order Pricing
Because of the wide variety of complexities in Zone 1 locations that
can be performed on the BMO contracts, there are no established
fully burdened rates for non-exempt labor categories
Each contractor has fixed indirect rates (G&A, Overhead, Other
Costs, Profit) upon which to build the fully burdened prices to be
used at the task order level
OCO will use prevailing wage determination/collective bargaining
agreement at the task order level
Contractor will use these prevailing rates to build the fully burdened
rates for each order. Can be used to develop FFP proposal as well
Pricing is primarily based upon competition at the task order level
and will vary in accordance with a number of factors applicable to
the task order requirement (geography, security level, complexity,
deadlines, risk levels, contract type, etc)
51 51
SCLS Labor Categories
Offerors are required to use the ceiling overhead, G&A, and profit rates (percentages) as proposed in the price template, on all task orders to
develop the fully burdened rates to be used at the order level utilizing the prevailing wage rates for the delivery areas of the task order
SECTION J.9., ATTACHMENT J.9 PRICE
BMO ZONE 1
OFFEROR: Company XYZ Proposed BMO Pricing
Labor ID# BMO Labor Category Direct Labor
Rate
Health &
Welfare Other Costs Overhead G&A Profit
Fully Loaded Hourly
Labor Rate
L 5.00% 20.00% 8.00% 10.00%
L Electricians $
-
$
-
$
-
$
-
$
-
121 Level I $ 7.98 $ 4.27 $ 1.61 $ 6.77 $ 3.25 $ 4.39 $ 48.27
122 Level II $ 29.98 $ 4.27 $ 1.71 $ 7.19 $ 3.45 $ 4.66 $ 51.27
123 Level III $ 31.98 $ 4.27 $ 1.81 $ 7.61 $ 3.65 $ 4.93 $ 54.26
124 Level IV $ 33.98 $ 4.27 $ 1.91 $ 8.03 $ 3.86 $ 5.21 $ 57.26
L Heating, Air Conditioning, and Refrigeration
Mechanics and Installers
$
-
$
-
$
-
$
-
$
-
165 Level I $ 23.89 $ 4.27 $ 1.41 $ 5.91 $ 2.84 $ 3.83 $ 42.15
166 Level II $ 25.89 $ 4.27 $ 1.51 $ 6.33 $ 3.04 $ 4.10 $ 45.15
167 Level III $ 27.89 $ 4.27 $ 1.61 $ 6.75 $ 3.24 $ 4.38 $ 48.14
168 Level IV $ 29.89 $ 4.27 $ 1.71 $ 7.17 $ 3.44 $ 4.65 $ 51.13
L Plumbers, Pipefitters, and Steamfitters $
-
$
-
$
-
$
-
$
-
313 Level I $ 22.29 $ 4.27 $ 1.33 $ 5.58 $ 2.68 $ 3.61 $ 39.76
314 Level II $ 24.29 $ 4.27 $ 1.43 $ 6.00 $ 2.88 $ 3.89 $ 42.75
315 Level III $ 26.29 $ 4.27 $ 1.53 $ 6.42 $ 3.08 $ 4.16 $ 45.74
316 Level IV $ 28.29 $ 4.27 $ 1.63 $ 6.84 $ 3.28 $ 4.43 $ 48.74
“Fixed” per BMO contract
Changes
w/locality’s
prevailing
wage
52 52
Task Order Pricing
Focused competition will occur at the task order
level and will vary in accordance with a number of
factors applicable to the task order requirement
(complexity, number/age of facilities, contract
type, etc)
Fully burdened ceiling hourly rates exist only for
professional (exempt) labor categories
53 53
Contract Access Fee (CAF)
Use of the BMO vehicles requires a Contract
Access Fee (CAF) of 2% of the total fixed price or
estimated price and will be proposed as a
separate line CLIN
The fee is paid by the customer agency to the
vendor, who then remits it to GSA through the
reporting modules in place
Vendors may not lower the CAF
54 54
Step 2 – Requirements/Solicitation
Define requirements – quantitative/qualitative
terms
Observe public policies
Structure requirements to allow maximum practicable
participation by small business – only use bundling or consolidation for substantial benefits to the Government
Preference for performance-based acquisitions
Identify opportunities to transition high-risk contracts to
fixed-price
Requirements development resources
55 55
Requirements resources and tools
Extensive array of support resources in the BMO
Web library
Ordering Guide
Templates and Samples
Contracts
Data Analytics
Best Practices
56 56
Note About Market Research
When determining the socio-economic status of an BMO SB contractor, do NOT use SAM for your research
Use the spreadsheet on the BMO website
SAM continually changes, but a contractor’s status on BMO SB does NOT. Contractors will stay the same status and/or socio-economic category that they certified as until the recertification process is conducted at the 5 year mark
57 57
Developing the Solicitation
Identify the applicable BMO or BMO SB service
category(ies) that will compete for the order and
appropriate NAICS code
Identify the applicable PSC code
Identify Extent of Competition: fair opportunity;
exception to fair opportunity; socio-economic set-
aside (BMO SB only)
Identify contract pricing type or types
58 58
Developing the Solicitation
Identify types of services
Professional and/or non-exempt
Identify performance locations
City, State, or multiple locations
Government site, Contractor site
59 59
Developing the Solicitation
CLINS: Identify Contract Line Item Numbers to be
priced – use structure prescribed in agency policy
If hybrid of contract types – separate CLINS for each type
Identify CLIN description, contract type, and sections of
RFP/SOW that apply to each CLIN
CAF must be a separate CLIN
60 60
Developing the Solicitation
Statement of Work
Performance-based preferred
If hybrid of contract types, annotate sections of SOW that
apply to each CLIN and pricing type
Identify BMO or BMO SB LCATs and SOC occupations
necessary to perform the task order work
61 61
Developing the Solicitation
Task order provisions and clauses
BMO and BMO SB contracts section I.1 establish that
Applicable and Required provisions/clauses set forth in
FAR 52.301 automatically flow down to all task orders
Agencies must add applicable agency level provisions
and clauses at the task order level
For each agency provision/clause provide the Number,
Title, Date, and fill-in information, if applicable
62 62
Developing the Solicitation
Delivery or Performance Information
Identify performance location and conditions (e.g., work
hours, telework, etc)
Identify the period of performance (duration and or dates)
Identify performance standards and metrics
63 63
Developing the Solicitation
Do NOT ask for the following in your solicitations:
Financial responsibility information
Master Contract Subcontracting Plan
Reps and Certs
Extensive technical experience information unless
requirements are specific to security, historic status of
facilities, etc.
64 64
Developing the Solicitation
Evaluation Factors and Source Selection
Methodology
Evaluation factors should be limited to those that will be
meaningful discriminators among competing proposals
Policies in FAR 15.3 do not apply
Keep factors to minimum, streamline, minimum submissions
Use evaluation factors most meaningful to your
requirement
Use the source selection methodology that is best for your
requirement
Exercise the flexibilities that FAR 16.505 provides you!
65 65
Developing the Solicitation
Pre-solicitation scope reviews
Courtesy offering by GSA
Strongly encouraged
Make sure your requirement is within scope
Validate NAICS code selection
66 66
Step 3 – Issue the solicitation
Methods of issuing the task order solicitation
Post on GSA’s e-Buy at http://www.ebuy.gsa.gov.
Through the ordering agency’s preferred method
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Step 3 – Issue the solicitation
Requirements exceeding the SAT [FAR 16.505(b)(1)(iii)]
Must be place on a competitive basis
– May be waived if an exception to fair opportunity
applies
Provide a fair notice of intent to make a purchase to all
contractors in the BMO or BMO SB groups
Provide all contractors responding to the notice a fair
opportunity to provide an offer and have that offer fairly
considered
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Step 3 – Issue the solicitation
Requirements over $5 million [FAR 16.505(b)(1)(iv)]
Clear statement of agency’s requirements
Reasonable response period
Disclosure of the significant factors and subfactors,
including cost or price, that the agency expects to
consider in evaluating proposals, and their relative
importance
If award is made via tradeoff, a written statement
documenting the basis for award and the relative
importance of quality and price or cost factors, and
An opportunity for a post-award debriefing
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Step 3 – Issue the solicitation
Exceptions to fair opportunity [FAR 16.505(b)(2)]
Required written justifications and approvals – no
justification needed for exception (F), set asides
Issue the solicitation to appropriate contractors based on
the specific exception that applies to the task order
Post the required public notices 14 days after order is placed [30 days if exception (A) – urgent, unacceptable
delays]
– In accordance with FAR 5.301
– Justification publicly available at fedbizopps.gov and agency’s website for minimum of 30 days
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Step 4 – Evaluate proposals
Evaluate proposals based on the methodology
stated in the solicitation
Evaluate cost or price and make a reasonableness
or fair and reasonable determination
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Dormancy
Non-performing contractors placed in a “dormant”
status
Cannot compete on new task order solicitations
May continue to work on awarded task orders
Contractor demonstrates non-performance can and will
be corrected to BMO CO’s satisfaction or may be off-
ramped
Check BMO website
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Step 5 – Award the Task Order
Document the rationale for placement and price
of each order into the order file
Include the basis for award and rationale for any tradeoffs
among cost or price and non-cost or non-price factors
Identify the basis for using an exception to the fair
opportunity process
If logical follow-on, the rationale shall describe why the
relationship between the initial order and the follow-on is
logical
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Step 5 – Award the Task Order
IMPORTANT: Submit an electronic copy of
Appendix G in the Ordering Guide to BMO or BMO
SB CO within 5 days of award
IMPORTANT: Submit an electronic copy of task
order award to BMO or BMO SB CO within 5 days of
award
Provide post-award debriefings where required
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Step 5 – Award the Task Order
Post-award protests are handled by the agency
awarding the task order
Ombudsman – Contractors may ask the GSA
Ombudsman to resolve complaints related to fair
opportunity in the ordering process – contact
information is provide on the BMO webpage
Report task order award in FPDS-NG
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Step 6 – Administer, Execute Work, Close-out
Agency is responsible for Quality Assurance
Appoint COR in writing, delineating authority and
limitations
Subcontracting and Limitations on Subcontracting
Enforce requirement to report labor dollars on invoices
Report modifications in FPDS-NG
Prepare contractor performance evaluations and
report in CPARs
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Step 6 – Administer, Execute work, Close-out
Task order close-out
Close-out in accordance with FAR and
agency policies
Provide close-out report to BMO or BMO
SB CO
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MOST IMPORTANT THING TO REMEMBER
The BMO Contract Staff is HERE TO HELP!
Scope Reviews
Advice on all procurement matters
Problem resolution
Quality Control
Strong relationship and continuous
communications with all contractors
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Summary
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Summary
Read/understand BMO and BMO SB contracts
Read/understand BMO and BMO SB ordering guide
Follow the ordering procedures in FAR 16.505 and
agency policy
Submit copies of task order solicitations and awards
to GSA
The BMO contracts offer a lot of flexibility
