Are all studies A&AS?
All studies that provide advice and assistance except those that are funded by or considered basic research. Also, studies supporting routine ADP, and architectural and engineering design are not considered A&AS.
Are there any fees for using ACC CAAS II?
There are no administrative fees associated with using the ACC CAAS II contract.
Can you contract with a contractor of choice under the ACC CAAS II contract?
The Federal Acquisition Regulation (FAR) part 16.505(b) (external link) dictates that all multiple award contractors will be provided a fair opportunity to be considered for each order over $2500. There are a few exceptions to this requirement:
a. Logical Follow-on: In the interest of economy or efficiency, a follow-on contract may be issued to the incumbent contractor on a follow-on basis if the original requirement was competed.
b. A task order may be issued on a sole source basis if it meets one of the exceptions to competition.
1. Only one responsible source or no other services will satisfy agency requirements.
2. Unusual and Compelling Urgency
The requiring activity is responsible for completing the Justification and Approval (J&A) document. Depending on the Government estimate, the J&A must be approved at a level or levels above the contracting officer.
How do I develop my Government Cost Estimate?
The ACC Program Management Squadron can assist you in developing your Government estimate. They have estimated rates for all labor categories that will be used to meet your requirement.
How do these rules relate in our day-to-day interface with our manpower support contractors?
The distinctions among inherently governmental functions, personal services and nonpersonal services can easily be blurred in our day-to-day interactions. This blurring generally falls into the following categories: training, awards, Government non-workdays, team involvement, and Government Office events.
a. TRAINING. Most of our Government training falls into the areas of mandatory, career development and specialty training. Is it okay to include the support contractors in our Government training? When we hire a contractor to perform nonpersonal services for us, it is the contractor's responsibility to ensure their personnel are trained to do the job. However, there may be times when it is appropriate to provide a support contractor Government training. This training will predominantly fall into the category of specialty training. For example, if a team is being trained on a particular skill, and that training is only available from the Government and it is critical to the performance of their current contract, Government furnished training may be authorized by the Contracting Officer.
KEY POINT: Ask yourself: Is this specialty training necessary to perform the contracted task? Is the training available any other practical way from a commercial source?
b. AWARDS: Is it okay to recognize the hard work of the support contractors? Sure it is. The issue is how we do it. If we include contractor personnel in our Government award programs, we are assuming an employer/employee relationship. However, under some circumstances, letters of appreciation to the contractor regarding outstanding support of their employees is fine provided the letter is sent to an appropriate management level within the company. This provides the contractor information for them to make their own internal decisions about appropriate rewards for their employees. However, Government employees involved in the oversight and/or management of the contract (contracting officers, buyers, program managers, functional directors, functional area evaluators, etc.) should normally use more formal contract based feedback mechanisms, like the program reviews and the Contract Performance Assessment Report.
KEY POINT: We contracted with a company, not an individual. Therefore, we reward the contractor, not the contractor's employee.
c. GOVERNMENT NON-WORKDAYS: Unless there is specific language in the contract, the Government rules established for Government employee holidays, working hours, and shutdowns do not apply to our support contractors. If there is a weather delay, it is the contractor's responsibility to provide guidance to their employees. Employee salaries usually represent a significant cost to the support contractor; therefore, it must be contractor management responsibility to determine holiday and time off compensation.
KEYPOINT: If this question is presented by a contractor employee, refer them to their supervisor. If the question is presented by a contractor (the company versus the company's employee), refer them to the Contracting Officer.
How long a Period Of Performance (POP) can I have on my A&AS task order?
The ACC CAAS II contract expires 30 Nov 06. A task order can extend, with the use of options, to the end of the contract. As a guideline in evaluating your POP choice, please keep in mind the level of certainty regarding your requirement. If you can not realistically predict your requirement beyond one year, you should not have a POP longer than one year. Similarly, if your funding is uncertain, perhaps you should not contract beyond the certainty of funds. Finally, the Determination/Decision Document (DDD) must cover the total POP. Our ultimate goal here is to work smarter and gain efficiencies through acquisition streamlining; just as limiting POP may not have been smart in the past, arbitrarily expanding your POP simply to reduce your overall workload may not be the smart thing to do either. When making these decisions, consider the big picture.
How long does it take to get a task order awarded?
From the time contracting has a complete package (Form 9, SOW, QASP, and QAE nomination letter) it normally takes 3 weeks to award a task order. For urgent requirements, it can be done in 2 weeks.
3-Week Process:
-- Day 1: Receive Package (Form 9, QASP, SOW, and QAE Nomination Letter
-- Day 1: Release RFP -- give contractor 2 weeks to complete proposal
-- Day 11: Receive Proposal and send out to QAE/FD for Evaluation
-- Day 13: Receive evaluation
-- Day 15: Award Task Order
2-Week Process:
-- Day 1: Receive Package (Form 9, QASP, SOW, and QAE Nomination Letter
-- Day 1: Release RFP -- give contractor 1 week to complete proposal
--Day 6: Receive Proposal and send out to QAE/FD for Evaluation
-- Day 8: Receive Evaluation
-- Day 10: Award Task Order
What are Advisory & Assistance Services (A&AS)?
A&AS are identified in and regulated by FAR Part 37, “Service Contracting.” A&AS are available in three different categories: Management and Professional services; Studies, Analyses and Evaluations; and Engineering and Technical services.
What are Nonpersonal services contracts versus a Personal services contracts?
Nonpersonal services contracts are contracts under which the personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employee. (FAR 37.101) Personal services contracts are contracts that, by their express terms or as administered, makes the contractor personnel appear, in effect, Government employees. (FAR 37.101)
What are the advantages of using ACC CAAS II instead of GSA?
The biggest advantage of using ACC CAAS II versus GSA is the absence of administrative fees. GSA can charge from 2.5 to 5 percent in administrative fees. In addition the ACC CAAS Program Office will assist you in preparing your requirement package. Finally, HQ policy mandates the coordination of all A&AS requirements with the ACC Program Office. (reference CV memo dated xxxxx; subject)
What are the guidelines for funding task orders?
Task orders should be funded to cover the current year period of performance. We can, however, incrementally fund task orders. When incrementally funding task orders, the task order must be funded to cover current work. The Government cannot require the contractor to work without funding.
What if ACC CAAS II cannot serve your needs?
If ACC CAAS II cannot meet your requirements, instead of going to GSA directly, by going through ACC CONS, you can secure a 1% administrative fee.
What is an inherently governmental function?
An inherently governmental function, as a matter of policy, is a function that is so intimately related to the public interest as to mandate performance by Government employees. An inherently governmental function includes activities that require either the exercise of discretion in applying governmental authority, or the making of value judgments in rendering decisions for the Government. Governmental functions normally fall into two categories: the act of governing (the discretionary exercise of Government authority) and monetary transactions and entitlements. (FAR 7.5)
What is the ACC Contracted Advisory & Assistance Services II (ACC CAAS II) contract, and who can use it?
The ACC CAAS II contract is the ACC preferred way to obtain A&AS. There are six contractor teams on the contract, with a total of 70 sub-contractors involved. ACC CAAS II contracting is available to all ACC organizations as well as tenent units.
What is the policy regarding Personal versus Nonpersonal Services?
FAR 37.104(b) states that agencies shall not award personal services contracts unless specifically authorized by statute. Public Law 101-165 authorizes acquisition of personal services of experts and consultants when a Determinations and Findings (D&F) is processed in accordance with department/agency regulations. In addition, 10 U.S.C. 1091 authorizes personal services contracts for health care.
The Office of Personnel Management has established requirements which apply in acquiring the personal services of experts or consultants. Therefore, if an organization believes they have a requirement for "personal services", they must prepare a D&F in accordance with DoD FAR Supplement 237.104. This D&F requires approval by SAF/AQ and must be coordinated with the Civilian Personnel Office. FAR 37.104(d) provides descriptive elements to be used as a guide in assessing whether or not a proposed contract is personal, or has the potential to become personal, in nature.
a. Performance on site.
b. Principal tools and equipment furnished by the Government.
c. Services are applied directly to the integral effort of agencies or an organizational subpart in furtherance of assigned function or mission.
d. Comparable services, meeting comparable needs, are performed in the same or similar agencies using civil service personnel.
e. The need for the type of service provided can reasonably be expected to last beyond 1 year.
f. The inherent nature of the service, or the manner in which it is provided, reasonably requires directly or indirectly, Government direction or supervision of contractor employees in order to --
i. Adequately protect the Government's interest:
ii. Retain control of the function involved; or
iii. Retain full personal responsibility for the function supported in a duly authorized Federal officer or employee.
Each contract arrangement must be judged in the light of its own facts and circumstances and no single element on this list makes a contractual arrangement personal. However, if these elements exist in a particular contractual setting, the potential for personal services should be carefully considered by all members of the Government team, including Legal council and contractor management. The key question to ask is: Will the Government essentially exercise continuous supervision and control over the contractor's personnel and their work products? If the potential exists for this, the contractual arrangements must be restructured.
When do I need a DDD?
In accordance with guidence included in DoD Directive 4205.2. (managing A&A Services) A DDD is required at the initial request for support and task order modifications that significantly increase level of support. The ACC CAAS II Program Management Office will assist the customer in preparing the document.
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