I have several questions. What is considered acceptance when issuing an FOPR? NASA SEWP uses the term "RFQ" when requesting quotes on their site. However, for SEWP we are not following FAR Part 13 but rather FAR Subpart 16.5. Secondly, is an FOPR considered a solicitation for the sake of including agency solicitation provisions? Or, are only agency contract clauses appropriate to include in an FOPR notice? I have seen both included by contracting officers in my agency. Lastly, I want to abide by the spirit of the MOA established between NASA and the DoD and issue task and delivery orders in an efficient manner without bloat; however, I feel I must also include DFARS and AFFARS clauses that are not incorporated into the parent contract. Am I correct when I presume that I should treat these orders like any other agency contract document that is under SAT, is commercial, brand name, etc.? Going back to the point of consistency, others in my agency only include payment clauses and relevant info. Some even use GSA eBuy forms and not standard forms. I appreciate any guidance you may offer.
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Great question(s). A phone call with the question submitter revealed some other details.
Bottomline is “yes”. If you have mandatory clauses that need to be included in the NASA SEWP Order because of your Agency’s policy; they should be included in the RFQ or FOPR. The FAQ page on NASA SEWP does specify Agencies ordering off them need to follow Agency rules and the Vendors of the GWACs do understand that.
From the NASA SEWP site (Ordering):
The internal ordering process of each agency varies. The process and accompanying forms for PR's and DO's that are issued against a SEWP contract is defined by the issuing agency and not the NASA SEWP Program Management Office (PMO). The typical process, however, is for an end-user to determine a requirement and generate a purchase request (PR). The PR along with any necessary funding information is sent to that Agency's procurement office which results in the issuance of a delivery order (DO). Any valid Federal Agency DO form and the associated delivery order number may be used. The NASA SEWP Program Management Office (PMO) does not issue DO's - these must be issued through the issuing Agency's procurement office. The SEWP Program Management Office (PMO) reviews, processes and tracks issued DOs and forwards them to the Contract Holder(s)
Some agencies have special requirements for issuing IT Delivery Orders. It is the Issuing Agency's Contracting Officers' (COs/KOs) responsibility to be aware of any agency-specific policies regarding issuing orders via an existing contract vehicle and Government Wide Acquisition Contracts. There are no requirements under the SEWP Contracts for issuing agencies to use other intermediary procurement offices, except as directed through their own internal policies. Some agencies have special requirements for issuing IT Delivery Orders. It is the Issuing Agency's Contracting Officers' (COs/KOs) responsibility to be aware of any agency-specific policies regarding issuing orders via an existing contract vehicle and Government Wide Acquisition Contracts.