o Federal Acquisition System
• Federal Acquisition Regulation (FAR)
• Department of Commerce Acquisition Regulation (CAR)
o Commerce Acquisition Manual (CAM)
o NOAA Acquisition Manual (NAM)
4. WHAT IS PROTECH?(Professional & Technical Services)
o A strategic sourcing program
o A set of Indefinite Delivery / Indefinite Quantity (IDIQ)
Contracts in five separate domains
• Enterprise Operations
o Competed at the task order level
o “Reserves” for small businesses
o Mandatory for use
o 3% ProTech fee-for-service
5. PROTECH PROGRAM
o Prime Contract Management
o Standardized Operating Procedures (SOPs)
o Review/Edit/Create SOW/PWS/SOO packages
o Review request package to establish an RFP
o Coordinate COR technical review of proposals
o Prepare proposal packages for COR/source
selection review Award
o Validate funds to support requirements
o Award Task Order
o Establish Task Order Kick-Off Meeting
o Establish post award log
o Provide 90-120 day reminders for
options/follow-ons, as needed
o Evaluate Contractor’s performance via Contractor
Performance Assessment Reporting System
o Conduct contract management functions for all mods
(i.e., Can include, POP extensions, additional scope
of work, reduced scope of work, adjustment of funds,
Program includes access to the
ProTech suite of contracts, to
include the following ancillary
services as required:
6. PROTECH PROGRAM
Program includes access to the
ProTech suite of contracts, to
include the following ancillary
services as required:
o The ProTech program fee will be recovered through
the regular PR obligation process in C.Suite
o Clients shall ensure that the appropriate ProTech
object class code (26-03) appears in the PR line of
o The system will automatically calculate and attribute
the fee to the proper account at obligation
o The amount on the resulting PR will not reflect the
fee, so make sure your accounts contain sufficient
funds. Lack of funds will halt TO award.
Delivery of top quality, performance-based services
and solutions that meet NOAA mission
Delivery of services and solutions with a streamlined
acquisition methodology; and,
Provides competitive solutions from a pool of
exceptional small and large businesses.
Obtain high quality professional and technical
Task Areas may include –
1. Studies, Analyses and Reports
2. Applied Research and Consulting
3. Data Collection and Surveys
4. Program and Project Management
Develop an industrial base of partners
Develop and maintain performance-based contracts
Streamline/simplify procurement process by having
contracts in place.
Reduction in award time
9. AUTHORIZED CLIENTS
All NOAA Line and Staff offices
Other Department of Commerce Bureaus
Decentralized ordering (regular AGO servicing
ProTech is not a Government-Wide Acquisition
Contract (GWAC) and cannot be used by
other Federal agencies.
SSAD serves as the Program Office with oversight for the
execution of the ProTech contract vehicles.
The ProTech Branch within SSAD will use the ProTech Program Office
and portfolio of contracts to:
o Provide guidance and assistance to clients who use ProTech
o Ensure that clients are aware of their responsibilities and the
scope of the ProTech contracts;
o Address and satisfy the needs of all participants in the acquisition
o Maintain a level of contract and program integrity that prevents or
mitigates contractual or programmatic problems and risks; and
o Solicit feedback and provide continuous process improvement.
11. EFFICIENCY & EFFECTIVENESS
Mandatory usage for NOAA, available to DOC
and bureaus. Exceptions will be evaluated on a
Streamline the acquisition process.
Spend analysis through visibility.
Consolidation of similar services; does not invoke
“bundling” regulatory analysis
Dollar savings of greater than 15% exceed regulatory
guidance of 5%
Reduced transaction costs
Reduced Program Management costs
Reduced prices paid to vendors
12. ROLES & RESPONSIBILITIES
• IDIQ Contract Level
• Overall responsibility for the administration of the ProTech IDIQ contracts
• Only authorized individual to take actions on behalf of the Government to
amend, modify, or deviate from the contract
• Assist the Requiring Activity with the, development of the SOW/PWS/SOO
• Development and/or adequacy determination of proposal evaluation factors
• Manage the domain contracting officers and overall program office
Branch Chief &
13. ROLES & RESPONSIBILITIES
• ProTech IDIQ Contract Level
• Represent the CO in the administration of technical details within the scope of the IDIQ contracts as
defined in the COR Appointment and Designation Letter;
• Ensure final inspection and acceptance of all IDIQ level deliverables and reports and other
• Complete the prime contractor performance evaluations using the Contractor Performance Assessment
Reporting System (CPARS) or another approved agency-specific contractor performance rating system
with respect to each IDIQ contract.
• Government’s central point of contact for all technical matters arising at the IDIQ contract level
• Liaison between the IDIQ contract level CO and the NOAA Program and Line Offices for technical issues
related to the ProTech contracts
• Task Order Level (TO CO)
• Determine/Select the appropriate Domain IDIQ contract for the requirement
• Issue task orders in accordance with ProTech ordering procedures
• Task Order Level (TO COR)
• Day-to-day monitoring of performance under a specific task order
• Conduct all delegated TO administration activities
14. ROLES & RESPONSIBILITIES
• Review contractor complaints
• Ensure that all contractors are afforded a fair opportunity
• Central POC with the Government for all program-wide technical
• Resolution of all technical issues, program management, and
other contract support
15. ORDERING GOVERNED
BY FAR 16.505
Must provide each awardee a "fair opportunity to be
considered" for each order in excess of $3,500.
The fair opportunity process is not subject to protest –
Performance-based acquisition methods must be used
to the maximum extent practicable.
Source selection procedures in FAR Subpart 15.3 do
Simpler and more efficient process
Less costly and time-consuming for both the
NOAA and the contractors
Only firms awarded a contract under the relevant domain will be considered
for task orders under that domain.
Contracting Officer will determine relevant domain. A task order shall be
created in one domain only.
Contracting Officer will determine if the fair opportunity will be limited to a set-
aside or open to all firms.
Contracting Officer may use multiple methods to determine capabilities
available from all firms within the domain.
18. TRADITIONAL ORDER PROCESSING
1. SOO/SOW/PWS is sent with a “Request for Traditional Technical and
Cost/Price Task Order Proposal” to all contract holders within the
designated Domain. The request should typically place a limit of no more
than 15 pages on the technical proposal, subject to adjustment at the
discretion of the TO CO based on the size, scope and complexity of the TO.
The request may also include an oral presentation requirement if it is
determined to be beneﬁcial to the evaluation. A complete cost or price
proposal must be submitted, with no page restrictions. The amount of time
allowed for the traditional response is typically eight days, which may be
adjusted based on the scope/complexity of the requirement and the needs
of the program office
2. Technical and cost/price evaluations are conducted by the Government
evaluation teams designated according to the Evaluation Plan
3. Exchanges take place (if needed)
4. A TO is awarded to the successful offeror
19. MULTIPHASE FAIR OPPORTUNITY PROCESSING
1. A SOO/SOW/PWS is sent with a request for a multiphase proposal to all prime contractors
within the designated Domain IDIQ portfolio. The request could be for a written proposal, oral
proposal, or both. If the Phase 1 request includes a written proposal, the request would
typically place a limit of no more than seven pages for the response, which encompasses the
proposed technical and management approach, as well as past performance information.
Within the seven pages, the offeror should also include a preliminary estimate or not-to-exceed
(NTE) estimate for cost. The amount of time allowed for the Phase 1 response is typically ﬁve
days, which may be adjusted based on the scope/complexity of the requirement and the needs
of the customer. The request may also include an oral presentation requirement if it is
determined to be beneﬁcial to the evaluation
2. Technical evaluations and evaluations of the preliminary cost estimate/NTE are conducted by
the Government evaluation teams designated according to the written Evaluation Plan
3. Based on the evaluations, a down-select could occur which identiﬁes the contract holders that
would be most qualiﬁed to compete for the TO. The down-select process could identify one or
more prime contractors that are the most qualiﬁed
4. Only the most qualiﬁed offeror(s) remaining after the down- select process will be invited to
submit a Phase 2 Traditional Technical and Cost/Price Proposal
5. Technical and cost/price evaluations are conducted by the Government evaluation teams
designated according to the Evaluation Plan
6. Exchanges would take place (if needed)
7. A TO is awarded to the successful offeror 19
20. 1. Request For Task Order Proposal
3. Issuance Of The Request For Task
5. Task Order Award
2. Task Order Solicitation Preparation
6. Notification To Unsuccessful Offeror(s)
PROTECH HIGH-LEVEL CONTRACT PROCEDURES
21. REQUEST FOR TASK ORDER
At a minimum the Program Office will provide:
o Appropriate Work Statement(s) (SOO/SOW/PWS)
o Performance location of the work
o Period of performance/deliverable schedule
o Applicable performance standards
o Any special regulations, including applicable Section 508 requirements
o An Independent Government Cost Estimate (IGCE)
o Contractor evaluation criteria
o Funded purchase request (PR) – must cite ProTech object code “26-03” 21
22. TASK ORDER SOLICITATION PREPARATION
o Reviews the request
o Determines the application of any Fair Opportunity Exception,
including SB Set-Aside
o Determine the task order proposal request process approach
• Traditional Process
• Multiphase Process
o Prepares a Task Order Solicitation
23. ISSUANCE OF THE REQUEST FOR
TASK ORDER PROPOSALS
TO CO issues the request for TO proposals to the contract holders
Request shall include, at a minimum:
o TO identifier number and date of proposal request
o Identification of Domain customer
o Work statement (i.e., SOW, SOO, or PWS)
o Identification of anticipated ordering process – traditional or multiphase
o Task order type and proposal due date
o NOAA (contracting officer/specialist) point-of-contact information
o Instructions for submission of the technical and cost/price proposal
o Criteria/basis for award 23
o The TO CO receives the offers in accordance with the request for offers.
o Technical and cost/price evaluations are conducted by the Government
technical evaluation team designated according to the written evaluation
plan as required.
o The TO CO will lead in any exchanges for the Government side, if needed.
o The TO CO, in coordination with the TO COR, shall prepare a completed
award recommendation package
25. TASK ORDER AWARD
o The TO CO awards the task order
o A copy of the award and any subsequent modifications shall be forwarded
26. NOTIFICATION TO
o After award, the TO CO shall issue notification, via email, to those offerors
who did not receive the award
o If requested by the offeror, the TO CO should discuss with them the
reasons for their non-selection.
o Debrief is required, if requested, over $5.5 million.
Contract Specialists are governed by the regulations and guidance provided in these documents:
Federal Acquisition Regulation (FAR)
The Federal Acquisition Regulations System is established for the codification and publication of uniform policies and procedures for acquisition by all executive agencies. The Federal Acquisition Regulations System consists of the Federal Acquisition Regulation (FAR), which is the primary document, and agency acquisition regulations that implement or supplement the FAR.
Department of Commerce Acquisition Regulation (CAR)
The CAR establishes uniform acquisition policies and procedures for the DOC that implement and supplement the FAR. The CAR is divided into the same parts, subparts, sections, and subsections as the FAR. If there is a discrepancy between the CAR and FAR, the FAR will take precedence.
Commerce Acquisition Manual (CAM)
The DOC internal operating guidance and procedures are contained in the CAM and other policy guidance documents issued by the Procurement Executive relating to acquisitions. The DOC Contracting Offices may issue additional guidance and procedures.
NOAA Acquisition Manual (NAM)
The NAM is a living document comprised of NOAA acquisition policy to ensure business practices are consistent throughout NOAA. It organizes NOAA acquisition policy in a central document using the FAR numbering and codification system.
The NAM does not restrict the sound business judgement nor limit innovation, but underlines the need for the NOAA acquisition workforce to balance mission and fiduciary duty.
Access to these and more can be obtained at www.acquisition.gov.
ProTech is a strategic sourcing program to acquire professional and technical services efficiently and effectively to meet the mission of NOAA.
ProTech consists of a set of Indefinite Delivery / Indefinite Quantity (IDIQ) Contracts in five separate domains awarded to large and small businesses.
Specific requirements are competed at the task order level in each of five mission domains
Awards made based on full and open competition with “Reserves” for small business. The purpose of the reserve is to acknowledge that requirements cannot always be identified specifically at the contract level, but can be at the order level. The reserve ensures that small businesses will receive a contract under a multiple award contract scenario. This option was also incorporated in FAR 19.502-4(a).
The ProTech Program is the mandatory source for all NOAA Line and Staff Offices to acquire professional and technical services. Exceptions will be evaluated on a case-by-case basis. The Requiring Activity shall prepare and submit the rationale for an exception to the TO CO. The TO CO then forwards the explanation to the ProTech PMO for review and concurrence.
There is a 3% fee for the use of the ProTech contracts by any organization authorized to submit task order purchase request under these contracts. The 3% fee will be calculated based on the amount of obligated dollars.
Notes: highlight that the fee is inclusive of the program office support and the regular acquisition support received by the AGO servicing division. Bullet 4 is a joint effort then bullets 5-9 is the servicing division as well as CPARS.
$2.5 B (historical trend with escalation)
$0.5 B for Growth and Department of Commerce utilization
Five year period (inclusive of options) for the IDIQ. Task order placed in the final year may have a full five year PoP.
Note: Presenter should be prepared to provide specifics on anticipated process time savings.
FAR 7.107-2 (d) Benefits.
(1) Benefits that are quantifiable in dollar amounts are substantial if individually, in combination, or in the aggregate the anticipated financial benefits are equivalent to–
(i) Ten percent of the estimated contract or order value (including options) if the value is $94 million or less; or
(ii) Five percent of the estimated contract or order value (including options) or $9.4 million, whichever is greater, if the value exceeds $94 million.
(2) Benefits that are not quantifiable in dollar amounts shall be specifically identified and otherwise quantified to the extent feasible.
(3) Reduction of administrative or personnel costs alone is not sufficient justification for consolidation unless the cost savings are expected to be at least 10 percent of the estimated contract or order value (including options) of the consolidated requirements, as determined by the senior procurement executive or chief acquisition officer (15 U.S.C. 657q(c)(2)(B)).
Contracting Officer – IDIQ Contract Level
The IDIQ contract level CO has the overall responsibility for the administration of the ProTech IDIQ contracts. The contract level CO is the only authorized individual to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details, and/or schedules within the IDIQ contracts. The contract level CO is responsible for the overall administration and final closeout of the contracts and, when necessary, shall:
Provide scope oversight;
Serve as liaison between ProTech contract holders and NOAA;
Assist in expediting orders where practical;
Ensure compliance with contract requirements;
Issue the CO’s final decision and handle all contract-level contractual disputes under the Contract Disputes Act;
Provide the administrative procedures for placing orders, contract administration, and issuing contract modifications;
Designate the IDIQ Contract-level Contracting Officer Representatives (COR); and
Track and report contract level metrics.
ProTech Program Management Office (PMO)
Upon request of the Requiring Activity or the Task Order Contracting Officer (TO CO), the ProTech PMO is available to offer guidance and assistance in the following areas:
Assist the Requiring Activity with the, development of the SOW/PWS/SOO and IGCE;
Applicability determination of the SOW/PWS/SOO in accordance with contract scope;
Development and/or adequacy determination of proposal evaluation factors
Recommendations for the task order contract type (FFP, T&M, CPFF, etc.); and
Development and/or adequacy determination of the rationale used for the exception to the requirements for fair opportunity.
ProTech Program Manager (PPM)
The ProTech Program Manager (PPM) is the Government’s central point of contact for all technical matters arising at the IDIQ contract level. The PPM also serves as the liaison between the IDIQ contract level CO and the NOAA Program and Line Offices for technical issues related to the ProTech contracts. Other aspects of the PPM’s role are as follows:
Train Requiring Activities and other AGO offices on the ProTech Program processes;
Provide technical assistance and training to Requiring Activities and other AGO offices on the development of requirements documentation (SOW/PWS/SOO), IGCE, and other PR documentation;
Maintain program integrity that prevents or mitigates contractual or programmatic issues;
Solicit feedback from Requiring Activities and other AGO offices and provide continuous process improvement; and
Provide guidance and assistance to Requiring Activities, other AGO offices and prime contractors for use of the ProTech contracting vehicles.
Contracting Officer’s Representative – ProTech IDIQ Contract Level
The IDIQ Contract Level CO will appoint a Contracting Officer’s Representative (COR) for each Domain. The Domain COR will be responsible for the day-to-day monitoring of performance of the base IDIQ contracts and assist in monitoring the performance of each task order with input from the task order CO (TO CO). The Department of Commerce Contracting Officer Representative Certification Program is described in DOC CAM 1301.670 . It is the CO’s responsibility to confirm that the appointed individual is a certified COR. A copy of the Appointment and Designation Memorandum identifying specific duties and responsibilities will be provided to the contract holders.
The COR responsibilities may include:
The COR is not authorized to make any representations or commitments of any kind on behalf of the Government or the CO, unless specified in the appointment letter. In addition, the COR is not authorized to alter the contractor’s obligations or to change the contract specifications, pricing, or terms and conditions. If, as a result of technical discussion(s), it is desirable to modify requirements or the specification, changes will be issued in writing and signed by the CO.
Contracting Officer – Task Order Level
Services will be procured via task orders issued by Task Order Contracting Officers (TO COs) within NOAA AGO or other DOC Bureaus in accordance with the ordering procedures set forth in this guide, and Section G of the base contracts. All warranted COs in DOC and NOAA are authorized TO COs and must follow the ordering procedures accordingly.
The TO CO responsibilities include:
Determine/Select the appropriate Domain IDIQ contract for the requirement;
Determine the appropriate TO competition approach – sole source (if Fair Opportunity Exception applies), small business set-aside (including consideration for socio-economic categories), or unrestricted; and the use of Traditional or Multiphase
Prepare and submit Form CD-570 – Small Business Set-Aside Review
Confirm the certification level of the COR is appropriate for the dollar value and complexity of the action;
Appoint the Task Order COR (TO COR);
Review AP or Milestone AP;
Review SOW/SOO/PWS and ensure task order requirements are within the scope of the IDIQ contract;
Review IGCE and evaluation criteria;
Develop proposal preparation instructions and issue proposal requests to eligible ProTech contract holders;
Receive and facilitate the evaluation of technical and cost/price proposals;
Oversee the procurement process through task order award;
Ensure the administration and final closeout of task orders;
Ensure the completion of contractor performance evaluations using the CPARS or another approved agency-specific contractor performance rating system; and
Adhere to the terms and conditions of the ProTech contracts, Federal Acquisition Regulations (FAR), and other applicable laws, regulations, and guidelines.
Contracting Officer’s Representative – Task Order Level (TO COR)
The TO COs should appoint a COR for each task order. The TO COR will be responsible for the day-to-day monitoring of performance under that task order and conduct all delegated TO administration activities as required by the CO’s COR Appointment Letter. It is the TO CO’s responsibility to confirm that the designated individual is a certified COR. A copy of the Appointment and Designation Memorandum, identifying specific duties and responsibilities will be provided to the contractor.
The TO COR responsibilities may include:
Represent the TO CO in the administration of technical details within the scope of the TO;
Conduct all delegated TO administration activities as required by the CO’s COR Appointment Letter;
Verify that the contractor performs the technical requirements of the contract in accordance with the contract terms and conditions of the work statement;
Perform, or cause to be performed, inspections necessary to verify that the contractor has corrected all deficiencies;
Monitor the contractor's performance. Notify the contractor of deficiencies observed during surveillance and direct appropriate action to correct the known deficiency. Record and report to the TO CO all incidents of faulty or nonconforming work, delays or problems;
Maintain a monthly report concerning performance of services rendered under the TO;
Maintain liaison and direct communications with the contractor. All documents pertaining to this contract shall be signed as "Task Order Contracting Officer's Representative" and a copy shall be furnished to the TO CO;
Ensure that the Government meets its contractual obligations to the contractor. This includes but is not limited to GFP, GFE, and/or GFI that is required by the contract;
Ensuring that Quality Assurance Surveillance Plans (QASPs) and appropriate metrics are provided with each order request for performance-based work statements;
Ensure final inspection and acceptance of all deliverables and reports and other responsibilities that may be specified in the contract or TO, including review of Section 508 compliance testing results;
Complete the prime contractor performance evaluations using the CPARS or another approved agency-specific contractor performance rating system with respect to each task order; and
Maintain a COR TO file in accordance with the specific responsibilities and duties defined in the COR appointment letter.
The TO COR is not authorized to make any representations or commitments of any kind on behalf of the TO CO or the Government, unless specified in the appointment letter. The TO COR does not have authority to alter the contractor’s obligations or to change the specifications, pricing, terms or conditions of the contract. If, as a result of technical discussion(s), it is desirable to modify requirements or the specification, changes will be issued in writing and signed by the TO CO.
NOAA AGO Ombudsman
In accordance with FAR 16.505(b)(8), complaints related to matters affecting task order award may be directed to the designated NOAA Ombudsman. The NOAA Ombudsman has the responsibility to review contractor complaints and ensure that all contractors are afforded a fair opportunity to be considered for each task order, consistent with the ordering procedures in the contract. The NOAA Ombudsman will review contractor complaints, and if any corrective action is needed, provide a written determination of such action to the TO CO. Issues that cannot be resolved within NOAA shall be forwarded to the Department of Commerce Ombudsman for review and resolution.
Prime Contractor Holders’ Program Manager
The Prime Contractor Holders’ Program Manager shall act as the central POC with the Government for all program-wide technical matters, and will represent the contractor at all post-award status meetings. The Program Manager shall be responsible for resolution of all technical issues, program management, and other contract support. This includes providing comprehensive account support for the ProTech contract. The Program Manager is responsible for overall contract performance and shall not serve in any other capacity under this contract. A list of the Prime Contract Holders’ Program Managers is provided on the ProTech website
FAR 16.505 Ordering.
(1) In general, the contracting officer does not synopsize orders under indefinite-delivery contracts; except see 16.505(a)(4) and (11), and 16.505(b)(2)(ii)(D).
(2) Individual orders shall clearly describe all services to be performed or supplies to be delivered so the full cost or price for the performance of the work can be established when the order is placed. Orders shall be within the scope, issued within the period of performance, and be within the maximum value of the contract.
(3) Performance-based acquisition methods must be used to the maximum extent practicable, if the contract or order is for services (see 37.102(a) and subpart 37.6).
(i) No protest under subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task-order contract or delivery-order contract, except for—
(A) A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or
(B) A protest of an order valued in excess of $10 million. Protests of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with the procedures at 33.104.
(ii) The authority to protest the placement of an order under (a)(10)(i)(B) of this section expires on September 30, 2016, for agencies other than DoD, NASA, and the Coast Guard (41 U.S.C. 4103(d) and 41 U.S.C. 4106(f)). The authority to protest the placement of an order under (a)(10)(i)(B) of this section does not expire for DoD, NASA, and the Coast Guard.
(b) Orders under multiple-award contracts—
(1) Fair opportunity.
(i) The contracting officer must provide each awardee a fair opportunity to be considered for each order exceeding $3,500 issued under multiple delivery-order contracts or multiple task-order contracts, except as provided for in paragraph (b)(2) of this section.
(ii) The contracting officer may exercise broad discretion in developing appropriate order placement procedures. The contracting officer should keep submission requirements to a minimum. Contracting officers may use streamlined procedures, including oral presentations. If the order does not exceed the simplified acquisition threshold, the contracting officer need not contact each of the multiple awardees under the contract before selecting an order awardee if the contracting officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order. The competition requirements in Part 6 and the policies in subpart 15.3 do not apply to the ordering process.
Only firms awarded a contract under the relevant domain will be allowed fair opportunity to be considered for task orders under that domain.
The Contracting Officer will determine relevant domain based on scope and client consultation regardless of staff or Line affiliation. A task order requirement shall be created in one domain only.
Each task order requirement will be evaluated and the Contracting Officer will determine if the fair opportunity will be limited to socio-economic groups, small business firms under the domain or open to all firms under the domain.
The Contracting Officer may use solicitation precursor techniques (requests for information, source capability statements, pre-proposal conferences, oral presentations) to determine whether the task order may be limited to small business firms or made available to all firms within the domain.
Note the reduced page limitation for phase 1. At this stage, a full proposal is not required. The seven page submission should be just comprehensive enough to determine capability. A full proposal will be required should the contractor be