Award the task order

Proposal evaluation considerations

OCOs should evaluate proposals based on the methodology stated in the task order solicitation to maintain fairness in the ordering process and mitigate protest risk. The following factors should all be taken into account as part of this process:

Price

The OCO is responsible for analyzing task order proposals and documenting their cost or price analysis to include a determination that the final agreed-upon price is fair and reasonable at the task order level. To the maximum extent practicable, price analysis should be based on competition.

OASIS+ Master Contract Ceiling Rates: Except for sole source T&M/LH orders as detailed in Pricing and wage rates in accordance with FAR 16.505(b)(3), price rates are determined fair and reasonable at the task order level.

Evaluation Factors

In accordance with FAR 16.505(b)(1)(ii), “The contracting officer may exercise broad discretion in developing appropriate order placement procedures. The contracting officer should keep submission requirements to a minimum. Contracting Officers may use streamlined procedures, including oral presentations.”

The source selection procedures in FAR Part 15.3 do not apply when using the procedures of FAR 16.505 Ordering (when providing for fair opportunity). The task order solicitation and award process should be as streamlined as practical to reduce solicitation and proposal preparation costs and time for both the government and contractor.

Task order award considerations

OCOs are required to use eBuy to report award information for any task orders awarded under OASIS+.

eBuy is currently being configured to require the reporting of information not collected as part of the solicitation process that is known only upon award of a task order. OCOs will be notified of the task order award information required to be reported in eBuy when this functionality is available.

Public Notice of Awards with Exceptions to Fair Opportunity

For orders based on an exception to fair opportunity, in accordance with FAR 16.505(b)(2)(ii)(D), the OCO must post the required public notice within 14 days after placing the order. If exception (A) (urgency-unacceptable delay) is used, the public notice must be posted within 30 days after placing the order. This posting requirement includes posting the justification approved for the exception at the SAM.gov.

Note the actions excluded from this notice requirement are:

• Disclosures that would compromise national security, and
• Socioeconomic set-asides authorized by FAR 16.505(b)(2)(i)(F).

Task Order Level Protests

All protests at the task order level are handled by the agency soliciting the task order. FAR 16.505(a)(10) prohibits protests under FAR 33.1 in connection with the issuance or proposed issuance of task orders against a MAC except for:

• a protest on the grounds that the Order increases the scope, period of performance, or maximum value of the contract; or
• a protest on orders valued in excess of $10 million FAR 16.505(a)(10)(i) grants sole authority to GAO only to hear order level protest (no agency level protest, etc.). Protests must be filed in accordance with the procedures at FAR 33.104 to the GAO.

Note: For purposes of determining the applicable dollar value threshold for GAO’s jurisdiction to hear protests in connection with the issuance of a task or delivery order, GAO analyzes the statutory authority (i.e., title 10 or title 41 of the United States Code) under which the IDIQ contract was established, rather than the authority applicable to the agency that issued the task or delivery order. Thus, because OASIS+ is a civilian agency IDIQ contract awarded by GSA, the minimum protest threshold for all orders under OASIS+ is $10M in accordance with as stated in FAR 16.505(a)(10)(i)(B)(1). Reference Matter of Intecon LLC; B-422124.2; April 22, 2024.

NAICS Code Appeals

The OASIS+ NAICS code chosen by the OCO from NAICS codes by domain representing the principal purpose of a task order may be appealed in accordance with FAR 19.103.

Ombudsman

In accordance with GSAM/R 516.505 (b): The GSA Task Order and Delivery Order Ombudsman shall review and resolve complaints from contractors concerning all task and delivery order actions made by GSA.

Complaints regarding task and delivery order actions of other agencies using GSA contract vehicles shall be directed to the ordering agency’s Task Order and Delivery Order Ombudsman. For orders issued by any other ordering activity, refer to the agency specific Ombudsman.

Reporting Task Order Awards in FPDS

Contract actions are reported in the FPDS within three (3) days after execution of the action. It is important that each OASIS+ task order is reported as an order under the respective OASIS+ master contract number. Each OASIS+ contractor may have multiple OASIS+ contract numbers depending on how many IDIQ contracts they were awarded.

Double check that the FPDS report accurately reflects the appropriate values in all fields, in particular those related to award data, fair opportunity procedures used, and number of offers received.

The FPDS system will propagate the NAICS code field in the task order action report with the NAICS code reported for the indefinite delivery vehicle (IDV) contract. Refer to Domains, NAICS codes, scope and labor categories for additional information.