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Frequently Asked Questions
- Are the procedures for using the CIO-SP 2i published
by NIH?
- Is competition required for CIO-SP 2i task orders?
- Which Government agencies can use the CIO-SP 2i contract?
- What task order types are permitted under CIO-SP 2i?
- How do I determine the most appropriate task order
type for my requirement?
- What fee does NIH charge for using the CIO-SP 2i contract?
- Is there a minimum task order amount?
- Are task orders requiring the use of classified material
permitted under CIO-SP 2i?
- I have year end funds that need to be obligated before
the FY expires. Can CIO-SP 2i handle time sensitive funding
situations such as this?
- Can I e-mail my CIO-SP 2i task order documents to NITAAC?
- How long does it usually take for a task order to
be awarded under CIO-SP 2i?
- Who evaluates the task order proposals submitted by
the CIO-SP 2i contractors? Who selects the winning contractor?
- What do I do If I have questions or concerns about
a task order proposal submitted by a CIO-SP 2i prime contractor?
Are discussions or negotiations permitted?
- Once I have evaluated task order proposals and selected
the winning contractor, how is the task order formally
awarded?
- Am I required to offer debriefings to unsuccessful
offerors?
- Can CIO-SP 2i task order awards be protested?
- Can CIO-SP 2i task orders be modified after an award?
Do I need to obtain approval from NITAAC before modifying
a CIO-SP 2i task order?
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1. Q: Are the procedures for using the CIO-SP 2i contract published by NIH?
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A: Yes. The Chief Information Officer-Solutions and Partners (CIO-SP) Task Order Guidelines contain the procedures for using the National Institutes of Health (NIH) Information Technology Acquisition and Assessment Center's (NITAAC) CIO-SP contracts. These guidelines are presented from the customer's perspective, however, in some cases vendor and/or NITAAC's responsibilities are included for a more complete description of the process. The Task Order Guidelines can be downloaded from the NIH NITAAC web site at http://nitaac.nih.gov.
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2. Q: Is competition required for CIO-SP 2i task orders?
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A: Yes, most task orders under CIO-SP 2i require competition. The CIO-SP contracts were awarded under the Federal Acquisition Streamlining Act (FASA) and Information Technology Management Reform Act (ITMRA) which require that the prime contractors be given a Fair Opportunity to be Considered for Task Order Awards. The contracts are structured as Indefinite Delivery/Indefinite Quantity (ID/IQ) contracts, using task orders for acquisition of specified services. In accordance with the Federal Acquisition Regulations (FAR), NITAAC provides each CIO-SP prime contractor with a "Fair Opportunity to be Considered" for each task order, unless one of the exceptions cited at FAR 16.505 applies. This is accomplished by announcing customer-developed, NITAAC-approved task order requirements to each prime contractor via e-mail1. Each announcement contains information to help prime contractors quickly evaluate the opportunity and respond in an accelerated time frame. Customer-developed, NITAAC-approved task order requirements which fall under one of the exceptions to the requirement for "fair opportunity to be considered" are announced only to the selected prime contractor. The customer reviews the proposals received in response to the task order announcement, selects the prime contractor based on a best value analysis, documents the selection to NITAAC, and after issuance of a NITAAC approval letter, awards the Task Order to the selected prime contractor. The customer provides a copy of the order to NITAAC.
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4. Q: What task order types are permitted under CIO-SP 2i?
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A: The CIO-SP contracts are structured as Indefinite Delivery/Indefinite Quantity (IDIQ) contracts utilizing performance based task orders that may be Firm Fixed Price (FFP), Time and Material (T&M), Cost Plus Fixed Fee (CPFF), or Cost Plus Award Fee (CPAF) (typically used for task orders greater than $2 million) in nature. The loaded labor rates (composite rates, inclusive direct labor costs, overhead, General and Administrative Expenses (G&A), and profit) are utilized for both T&M and FFP Task Orders. Other Direct Costs (ODCs) are set out by ODC multipliers which do not include profit; travel, if applicable will be separately negotiated for each task order.
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5. Q: How do I determine the most appropriate task order type for my requirement?
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A: Factors to be considered in determining task order type include, but are not limited to, type and complexity of the requirement, prime contractor's technical capability, and adequacy of the prime contractor's (and subcontractor's, if applicable) accounting system, as well as the definitiveness of the Statement of Work (SOW) (see FAR 16.104) for further discussion). The Customer's Authorized Management Officials/Contracting Officers (AMOs/COs) and the CIO-SP CO should be consulted for advice concerning the appropriate contract type for a particular task order prior to the submission of the Task Order Requirements Package (TORP).
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6. Q: What fee does NIH charge for using the CIO-SP 2i contract?
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A: All non-NIH customers are assessed a minimal processing fee equal to 1% of the obligated Task Order amount. The fee is paid only through the prime contractor via a separate firm-fixed price (FFP) line item within the task order. (Note: If the task order amount is less than $25,000, there is a minimum NIH processing fee of $250. If there is a modification to the task order that adds additional funds (e.g., incremental funding actions, exercise of options, etc. the 1% processing fee (of the obligated amount of the modification) must be added as a separate line item in the modification. Again, the minimum processing fee is $250. NIH internal customers are charged a fee in accordance with the payment mechanism used. This fee is already calculated in the Service & Supply Fund charges. For further information, customers can contact the CIO-SP 2 Financial Team at the address specified in the Task Order Guidelines document.
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7. Q: Is there a minimum task order amount?
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A: NITAAC reserves the right to establish the minimum dollar amount for new task orders to be considered eligible for processing. This minimum task order amount is currently $25,000.00.
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10. Q: Can I e-mail my CIO-SP 2i task order documents to NITAAC?
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A: The preferred channel for delivery of all correspondence is e-mail (nihciosp@odepsm2.od.nih.gov). When a signature is required, such as for the exceptions to the Fair Opportunity for Consideration rule, or for Solution Recommendation Document Packages (SRDPs), and other associated documentation, please fax a copy of the signature document(s). Other pertinent documentation may be faxed or e-mailed. Where the volume of the correspondence is large, please mail or hand deliver to the address specified in the Task Order Guidelines document. Microsoft Word is the preferred format for all textual documents. This preferred format is closely followed by Word Perfect and lastly, if necessary, by ASCII. Spreadsheets shall be submitted in MS-Excel or Lotus 123 formats.
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11. Q: How long does it usually task for a task order to be awarded under CIO-SP 2i?
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A: Task order award time lines are targeted at 7 to 28 days depending on order type and extent of competition. The table below depicts the performance goals for processing the task orders from receipt by NITAAC through award of the task order to a prime contractor. These processing time lines start once a complete, acceptable TORP is received by NITAAC. Incomplete or unacceptable TORPs will require additional time on NITAAC's part to advise the customer on acceptable minimum requirements. The proposal periods for "Notice of Fair Opportunity to be Considered" postings will typically five (5) business days at a minimum regardless of procurement type. Procurement Type T&M/FFP CPFF/CPAF Exception to Fair Opportunity (Sole Source) 7 to 14 business days 14 to 21 business days Competition 14 to 21 business days 21 to 28 business days
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13. Q: What do I do if I have questions or concerns about a task order proposal submitted by a CIO-SP 2i prime contractor? Are discussions or negotiations permitted?
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A: The customer will evaluate the prime contractors' written and/or oral technical proposals and written cost proposals. If initial evaluation shows differences between the SOW requirements and an otherwise acceptable prime contractor's proposal, discussions between the customer and vendor will be necessary. Discussions may range from informal meetings that discuss minor discrepancies on the technical approach, to formal multiple prime contractor negotiations. Prime contractors shall be treated equitably and fairly during this evaluation process. After evaluation and any discussions, the customer will perform a Best Value analysis of the information contained in the proposals using the stated evaluation criteria. Based on the results of the evaluation, it is ultimately the customer's responsibility to select the prime contractor that can provide the Best Value to the Government.
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14. Q: Once I have evaluated task order proposals and selected the winning contractor, how is the task order formally awarded?
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A: Upon receipt of the SRDP from the customer, the NITAAC team conducts a review to ensure that administrative and regulatory requirements have been met, that the SRDP has been adequately documented, that proper evaluation procedures were followed and documented, and that fair treatment was provided during the evaluation process. Upon completion of the review, NITAAC will provide the customer with a NITAAC Approval Letter authorizing the customer to issue an order to the selected prime contractor. NITAAC will also provide a copy of the NITAAC Approval Letter to the prime contractor. NITAAC will announce the award decision to all prime contractors via e-mail. This includes awards made under one of the exceptions to the "Fair Opportunity to be Considered" rule.
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15. Q: Am I required to offer debriefings to unsuccessful offerors?
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A: While not required, customers are encouraged to offer debriefings to unsuccessful contractors upon their request. If a non-selected prime contractor has questions as to why it was not selected for a task order award, the prime contractor should contact the AMO. The AMO and the non-selected prime contractor may discuss the reasons why that prime contractor was not selected; however, the AMO may not (1) discuss the other prime contractors' proposals, (2) compare prime contractors' proposals, or (3) allow the non-selected prime contractor access to the SRDP.
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16. Q: Can CIO-SP 2i task order awards be protested?
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A: No protests are authorized in connection with the issuance or proposed issuance of a task order, except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract. However, under FAR 16.505(b)(4), prime contractors may contact the customer-designated contract ombudsman with complaints on specific task orders on this contract. The ombudsman will review all complaints and ensure that all vendors are offered a "Fair Opportunity to be Considered", consistent with regulation, this contract, and ordering guide.
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17. Q: Can CIO-SP 2i task orders be modified after award? Do I need to obtain approval from NITAAC before modifying a CIO-SP 2i task order?
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A: Task Order modifications are generally made to correct oversights or changes in conditions from the original task order. No cost modifications will be processed directly by the customer with no participation by NITAAC. However, a copy of the modification must be sent by the AMO to the CIO-SP CO at the address provided in the Forward. Two (2) copies of Task Order modifications that involve an addition of funds that were contemplated and described in the original task order (e.g., incremental funding actions, exercise of options), must be sent by the AMO to the CIO-SP CO at the address provided in the Foreword. No further documentation is required; however, for external customers, the NIH 1% processing fee (of the amount obligated on the Task Order modification) must be added as a FFP separate line item on the modification (i.e., the funding document/order). If the amount of the Task Order modification is $25,000 or less, NITAAC policy prescribes that the customer pay a minimum fee of $250, which must appear as a separate FFP line item on the modification. A minimum processing fee of $250 has been established for orders and modifications. However, this fee will not be assessed against no cost modifications, administrative modifications or close- out modifications. If the customer's modification requirement alters the scope, adds an additional period of performance3 , or provides for major changes such as additional work, a task order modification is only appropriate if the following conditions are met: the work relates in some way to the original statement of work, e.g., additional time, additional related task, etc.; the FAR exception to fair opportunity to be considered at 16.505(b)(2) is cited and a full rationale is presented and signed by the Agency Contracting Officer or other designated agency official in accordance with agency regulations and in compliance with FAR 16.505(b)(2).; if this is a follow-on, FAR 16.505(b)(2)(iii) should be cited and a supporting justification must be included in the documentation submitted to the CIO-SP Contracting Officer. The justification should also refer to the original Task Order and explain the connection between it and the follow-on in the background statement of the Statement of Work. As new work, the Task Order will be subject to the NIH 1% processing fee (or $250.00 minimum fee) applicable to external customers. If the requirement is for new work, a new TORP must be submitted in order for it to be considered and processed in accordance with the fair opportunity to be considered rules.
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