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Frequently Asked Questions
 

Who is authorized to order under COMMITS NexGen Contracts?

What are the advantages of ordering from COMMITS NexGen?

How can agencies order under COMMITS NexGen?

What is the “fair opportunity” ordering process?

What is the period of performance for COMMITS NexGen contracts?

How long can a task order run?

Can a task order have option periods?

Does COMMITS NexGen capture past performance on task orders?

What is the fee to use COMMITS NexGen Contracts?

 

"Who is authorized to order under COMMITS NexGen contracts?

Any federal agency may order under COMMITS NexGen contracts, citing the Clinger-Cohen Act as the ordering authority.

What are the advantages of ordering from COMMITS NexGen?

Ordering from COMMITS NexGen offers all of the “usual” advantages of ordering from a GWAC, plus more.

These advantages include:

Broad flexibility under the ”fair opportunity” competitive process, including “best value” source-selection decisions focused on contractor-provided, performance-based proposal; sizable, pre-qualified pool of “award wining” contractors; streamlined “fair opportunity” task order competitions that allow the ordering agency to review a variety of competitive solutions, approaches, and prices from COMMITS NexGen’s highly qualified contractors; constant past-performance incentive, because “fair opportunity” selection criteria require review of previous task-order performance; limited grounds for protest (by statute) under a “fair opportunity” competition; support for ordering agencies from COMMITS NexGen program office at a flexible (and lower) fee structure than most other GWACs; true solutions-based contracting, in that the contractor is not restricted to predetermined products or labor categories; credit toward meeting the ordering agency’s socio-economic contracting goals; and credit toward meeting the ordering agency’s performance-based contracting goals.

Also note that COMMITS NexGen contractors have been pre-qualified using a higher past-performance standard than any other GWAC. No such acquisition to date has placed the same degree of emphasis and specificity on past performance. Also note that the firms who won are highly specialized support businesses, not body shops.

How can agencies order under COMMITS NexGen?

In one of two ways: First, the COMMITS NexGen contracting officer may delegate ordering authority on an individual or class basis to other government agencies. However, Commerce does not issue these delegations lightly; potential delegates will be required to undergo training in the program.

Second, the COMMITS NexGen office can serve as the ordering office and will provide you with samples to use in preparing your Statement of Objectives(SOO), solicit quotes following the “fair opportunity” requirements, negotiate appropriate performance metrics, and place the order with the contractor that offers the best value. The COMMITS NexGen program office will assist with the development of the SOO and provide any resources necessary to fully describe the technical requirements of the task.

What is the “fair opportunity” ordering process?

When ordering under COMMITS NexGen contracts – as with ordering under any multiple award contract (per FAR Part 16)-Contractors must be given a fair opportunity to be considered for task orders placed under the contracts. All contractors need not be considered for each and every requirement.

In general, the process requires the agency to develop a performance-based Statement of Requirements, source selection criteria, and (with the assistance of the COMMITS NexGen program office) a task order management plan. Agencies are encouraged to conduct market research to aid in identifying their requirements. The Statement of Requirements should be prepared in terms of objectives or outcomes so that the contractors’ creativity in providing solutions can be tapped at the proposal level. By this means, the agency can evaluate each competing contractor in terms of (1) understanding the problem, and (2) approach to resolution; compare the similarities and (more importantly) the differences between proposals; and make a best-value selection.

The competition will be limited depending on the size of the order, based on the tier structure explained previously. For example, orders under $5 million will be competed only among Tier 1 contractors, whereas those over $5 million may include contractors from both Tiers 1 and 2.

The COMMITS NexGen program office will release the SOO and source selection criteria via the COMMITS NexGen website to eligible COMMITS NexGen contractors. Once proposals are received, they will be evaluated by the requiring activity in accordance with the source selection criteria, and an evaluation report will be provided to the COMMITS NexGen program office. Once an award is made, responsibility for managing the task order resides with the requiring activity, unless the agency has requested additional COMMITS NexGen program office support.

What is the period of performance for COMMITS NexGen contracts?

The contracts provide for a 1 year base ordering period, four 1-year options for awarding task orders, and five 1-year options for completing task order performance. Task orders may be awarded through the active period of performance of the contracts.

How long can a task order run?

The only specified limit is that task orders placed under COMMITS NexGen contracts may not extend more than 10 years beyond the award of the master contract. This means that orders placed early in the contract life may have a period of performance as long as 10 years.

Can a task order have option periods?

Yes, a task order can have option periods. However, task order option periods are subject to the exercise of the contract option periods. For example, if the COMMITS NexGen program office does not exercise a contractor’s option to continue from January 1, 2007, through December 1, 2008, a task order option that starts February 1, 2007, cannot be exercised.

Does COMMITS NexGen capture past performance on task orders?

Yes. It is the COMMITS NexGen program office’s intent to capture performance evaluations for each task order that can be considered when placing future orders. The Contracting Officer’s Technical Representative (COTR) should complete a performance evaluation and submit it to the cognizant government Contracting Officer (CO) with a copy to the COMMITS NexGen CO (if not the cognizant CO). The cognizant CO will submit the evaluation to the contractor for comments before they become a part of the permanent order file.

What is the fee to use COMMITS NexGen Contracts?

The COMMITS NexGen fees are flexible and competitive, and depend on the overall needs of the agency. Fees range from 0.5 -1.75% of the task order’s total obligation, depending on the level of service required from the COMMITS NexGen program Staff. Click here for more information.


Excerpts above from the Acquisition Directions™ Advisory, "COMMITS
NexGen: Big IT Solutions from Small Businesses," issued by the
Acquisition Solutions Research Institute™. Used with permission of
Acquisition Solutions, Inc.