About NITAAC FAQs

Commercial clauses are on the master contract and flow down to each delivery order and task order. Agency specific terms and conditions can easily be added at the task or delivery order level.

In accordance with FAR 16.505(b)(1)(ii), the contracting officer may exercise broad discretion in developing appropriate order placement procedures and the policies in Subpart 15.3 source selection are not applicable.
 
As best practice, NITAAC recommends providing the award evaluation criteria in all CIO-SP2i solicitations, and under FAR 16.505(b)(1)(iii), an evaluation criteria is required where the anticipated value of the award is expected to exceed $5M. 

Yes. Government-wide Acquisition Contracts (GWACs) were authorized pursuant to the Clinger-Cohen Act of 1996 (formerly known as the Information Technology Management Reform Act of 1996) designed exclusively to streamline Federal procurement of Information Technology (IT).

NITAAC’s contracts may be used for both classified and non-classified procurements. It is up to the customer to determine what clearances an offeror must have in order to properly submit an offer or quote. Parameters of the requirement are determined by the customer and outlined in the SOW or RFQ.

Reverse auctions using the NITAAC GWACs are permitted through the use of any third-party provider working in concert with the government. However, you must also post the requirement in the appropriate NITAAC competition management system (e-GOS or RFQ).

Yes, any of the following codes can be used.  However, the SOW requirements must be in scope of the master contract; NITAAC will review all Statements of Work prior to solicitation release.  The below IT NAICS codes have been deemed acceptable for use by NITAAC.  Please ensure that the selected NAICS code is on the prospective offeror’s System for Award Management (SAM) report.

 

NAICS Code

Description

334111

Electronic Computer Manufacturing

334112

Computer Storage Device Manufacturing

334113

Computer Terminal Manufacturing

334119

Other Computer Peripheral Equipment Manufacturing

334220

Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

334290

Other Communications Equipment Manufacturing

334515

Instrument Manufacturing for Measuring and Testing Electricity and Electrical Signals

334516

Analytical Laboratory Instrument Manufacturing

334611

Software Reproducing

339112

Surgical and Medical Instrument Manufacturing

511210

Software Publishers

517110

Wired Telecommunications Carriers

517210

Wireless Telecommunications Carriers (except Satellite)

517410

Satellite Telecommunications

517911

Telecommunications Resellers

517919

All Other Telecommunications

518210

Data Processing, Hosting, and Related Services

519130

Internet Publishing and Broadcasting and Web Search Portals

541511

Custom Computer Programming Services

541512

Computer Systems Design Services

541513

Computer Facilities Management Services

541519

Other Computer Related Services

541711

Research and Development in Biotechnology

541712

Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology)

541990

All Other Professional, Scientific and Technical Services

611420

Computer Training

 

Although you do not need to send NITAAC a copy of your award document, we request that you upload a copy into the e-ordering systems.

No. This is not a requirement by NITAAC and only would be required for assisted type orders, which NITAAC no longer offers.

You do not need approval from NITAAC to issue a no-cost extension. It is up to the task order contracting officer to approve a no-cost extension.

The e-ordering tools provide a mechanism to meet the fair opportunity requirements of FAR Part 16. You may meet this requirement in other ways as long as you can document it fair opportunity in the official task or delivery order file.

Yes. You must activate a user name and password for each system.

No special Delegation of Procurement Authority is needed by NITAAC in order to use any of our contract vehicles.

Yes. You may add agency specific Terms & Conditions to your individual task/delivery orders.

In order to receive small business credit, you must award to a prime contractor that is a small business. Credit toward achieving small business goals is given to the ordering agency. Small businesses are available on all of NITAAC GWACs.

A waiver is not required because orders are placed directly by your agency when using one of the NITAAC vehicles.

ECS III – 58
CIO-SP2i – 33
           

Vendors cannot be added to this contract as primes. However, if a vendor is interested in performing under one of the NITAAC vehicles, they may do so as a subcontractor. Businesses interested in forming a teaming agreement should go directly to the prime contract holder(s).

Yes. A complete list of NITAAC Contract Holders can be found by visiting our website at nitaac.nih.gov/nitaac/ and looking under either the ECS III or CIO-SP2i webpages.

Yes. The NIH contracts are structured in accordance with the Office of Management and Budget’s (OMB) principles for government-wide acquisitions of information technology. This ensures structuring of orders that promote the use of performance-based acquisition where practicable, maximum utilization of small and small disadvantaged business, fair opportunity and transparency, and provide the management controls necessary for responsible contract and financial management. NIH provides OMB an annual Executive Agent Designation Contract Activity Report highlighting operational and usage information of its GWACs including: contract activities, customer satisfaction and small business participation.

Ordering procedures as outlined in FAR Part 6 and FAR Part 8 do not apply when using IDIQ contracts. When fulfilling requirements using a government-wide acquisition contracts (GWAC), ordering procedures located at FAR 16.5(b)(1), Fair Opportunity, apply.

In accordance with the FAR, each eligible NITAAC contract holder shall be provided a fair opportunity to be considered for each Delivery Order, unless one of the exceptions cited in FAR 16.505(b)(2)(ii) applies. The four exceptions are:

(A) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.
 
(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.
 
(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.
 
(D) It is necessary to place an order to satisfy a minimum guarantee.
 
(E) For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

When using an exception to the fair opportunity process, a justification shall be included in the official task or delivery order file. Guidelines for writing the justification for an exception to the fair opportunity process are specified in Far Subpart 16.505(b)(2)(ii)(A) or (B).

When placing an order, remember to consider Federal Acquisition Regulation (FAR) compliance items such as Fair Opportunity and Best Value Evaluations. Also, you will need to keep the appropriate documentation for the official delivery order file.

RFQ Distribution and Fair Opportunity. In order to meet the FAR requirement at FAR 16.505(b)(2) for "fair opportunity” customers shall consider all the ECS III contractors who offer the product or service described in the requirements/specifications document. All qualified sources shall be accessed to determine the lowest price or best value to the Government. The RFQ System assists in meeting this competition requirement by automatically disseminating the RFQ to all qualified Contract Holders. The system also allows you to print out the quotes you receive for your records.
Best Value Evaluations. If the lowest price offeror is not accepted, the FAR allows for a best value determination to be performed. A “best value determination” is performed by taking into consideration price, delivery scheduling, past performance, quality, etc., for a particular requirement (see FAR 15.101). The official delivery order file must document the basis for this determination including the rationale for any tradeoffs among price and non-price considerations (see FAR 16.505(b)(4)).

Consistent with the Office of Management and Budge/Office of Federal Procurement Policy (OMB/OFPP) June 2008 guidance “Interagency Acquisitions”, the CIO-SP2i GWAC is an indefinite delivery vehicle (IDV) through which interagency acquisition is conducted. Interagency acquisition typically involves two government agencies: the requesting agency which is the agency with the requirements, and the servicing agency which provides the acquisition support, and administers the GWAC for others agencies use, or both.   Additionally, it is important to note there are two types of IDVs: direct acquisitions and assisted acquisitions. 

In a direct acquisition, the requesting agency places an order directly against the IDV (the CIO-SP2i GWAC). The participation of NITAAC is limited ensuring that all GWAC awardees receive fair opportunity to participate, and in the pre-award phase NITAAC will review the SOW primarily checking for scope issues. Requesting agencies must be prepared to take on the various responsibilities in the acquisition lifecycle, from acquisition planning and order execution to contract administration. So while NITAAC manages the GWACs themselves, it does not participate in administration of the task order after award.
In an assisted acquisition, the servicing agency and requesting agency enter into an interagency agreement pursuant to which the servicing agency performs acquisition activities on the requesting agency’s behalf, such as awarding the contract, task order, or delivery order (NITAAC no longer does assisted acquisitions.)

 

Clauses are on the master contracts located on the website at nitaac.nih.gov .

The contractor is responsible for paying the appropriate fee to NITAAC.

The contracting officer manages the past performance evaluations.      

FAR Subpart 17.5(2) states that the Economy Act applies when more specific statutory authority does not exist. Examples of interagency acquisitions to which the Economy Act does not apply include acquisitions using government-wide acquisition contracts.

All of the services performed on our contracts are professional services. Section 8(b) Service Contract Act does not apply to employees in bona fide executive, administrative or professional positions under the Fair Labor Standards Act (FLSA) (29 C.F.R. Part 541 and FAR Subpart 22.1001).

No, small business size was determined at the time of the CIO-SP3 and CIO-SP3 Small Business award and is based on the NAICS code of 541512.  In order for this credit to be applied appropriately the master contract number must be added to the Task Order before award.