Options The FAR does not prevent the use of options with indefinite quantities or demand contracts. However, in accordance with FAR 17.207(f), options must be evaluated in the first competition and must be exercisable in an amount established or reasonably determinable from the terms of the basic contract. If the contract includes performance options beyond the initial year, minimum guarantees may be set for each option period, but these are not required. Restriction on Subcontracting The restrictions set out in FAR 52.219-14, Restriction on Subcontracting, apply to the entire contract. Small Business Considerations Contract agents should consult with the IC or NIH Small Business Specialist early in the acquisition planning process to develop strategies to ensure that small businesses, disadvantaged small businesses, women-led small businesses, and veteran-owned small businesses have the greatest possible viable opportunity to participate in the acquisition. Consideration should be given to setting aside one or more fellowships, reserving a specific segment or functional area of the requirement for these concerns, or promoting association agreements. Methods to maximize opportunities for small business participation are discussed in more detail in the FRO Best Practices for Multiple Task and Delivery Note Contracts, Interim Edition, July 1997. Multi-Agency Contract – A task or supply contract that provides that agencies (applicant agencies) purchase services and supplies, including but not limited to computer services and products, from another federal agency (service agency) that also requires such services and supplies. An agency may be allowed to enter into a multi-agency contract under economic law, unless there is a more specific statutory power. Period of availability of funds Indefinite quantities or demand contracts that extend beyond the fiscal year in which they begin must include clause far 52.232-19, Availability of Funds for the next fiscal year. Funds made available in a given financial year for the performance of a separable service contract shall be available for performance for a period of 12 months from the date of conclusion of the contract. The following is a guide that applies only to contracting or procurement contracts for use by NIH contractors and programs.
Contracting authorities should consult FAR 16.503 (d), FAR 16.504 (c) (2), FAR 16.506 (f) and FAR 16.506 (g) to guide the use of mission or supply contracts for advisory and support services. c) Valuation factors limited to those that are crucial to attribution to the business that provides the best value to the government. Proposed factors include: the quality of key personnel, the strength of the approach; past performance; and cost/price. The basis for selecting a contract recipient should be clearly stated in the request/request for information. Administration The service agency is ultimately responsible for ensuring that multi-agency contracts and GTACs are properly managed. The service agency should develop guidelines for applicant organizations setting out the specific responsibilities of the applicant organization and the procedures to be followed when using those contracts. Evaluations of the contractor`s performance must be prepared in accordance with Part 42.15 of the FAR. Intermediate and final assessments can be carried out per task.
Alternatively, the client may conduct regular summary assessments (e.B. quarterly, semi-annually or annually), in which the Contractor`s performance for all contracts awarded over a certain period of time is evaluated, and a final summary assessment at the time of conclusion of the Contract. The FAR 16.504(c) multiple rewards preference establishes a generalized preference for awarding multiple awards in the context of a single call for identical or similar supplies or services from two or more sources. The use of multiple prices allows agencies to continuously reap the benefits of competition after award, which should lead to fair and reasonable prices and better quality services. Contracts and programs should use their judgment to determine the number of awards to be awarded in a given appeal. In addition to the considerations set out in FAR 16.504(c)(1)(ii)(a), consideration should be given to historical workload (adjusted for anticipated increases or decreases), resources available for mandatory minimum requirements, and administrative resources available for contract management. (See also Chapter 3 of the FOCP Best Practices for Multi-Assignment Task and Delivery Note Contracts, Provisional Edition, July 1, 1997.) Multiple awards should not be made if one of the conditions set out in paragraph FAR 16.504(c)(1)(ii)(B) applies and the procuring entity documents in the procurement plan or in a class provision the rationale for the decision to make a single award. If the condition specified in paragraph 16.504(c)(1)(i) proves to be true, that is, where only a contractor is able to provide services at the required level of quality because the supplies or services are unique or highly specialized, the procuring entity should, in accordance with the procedures set out in Subpart 6.3 of the FAR, engage in competition other than full and open competition. If any of the other conditions are true, full and open competition will be encouraged to ensure that the government gets the best value. .