From ACEC's Dan Hilton
The Army Corps of Engineers recently published a Memorandum for the Acquisition Community: Updated Procedures for the Selection of Task Orders on Architect-Engineer Indefinite Delivery Contracts (IDCs). This memo rescinds the Directors Policy Memorandum 2020-02, which was published in March 2020.
The guidance's purpose is to reinforce requirements and specify procedures for the selection of an A/E contractor under a multiple-award task order contract (MATOC). ACEC Federal Agencies and Procurement Advocacy Committee Chair, Miro Kurka, served on the Industry-USACE “Tiger Team” to help the Corps identify a new path forward to develop the guidance. The guidance has been issued to ensure compliance with the Brooks Act and FAR requirements, it can be broken down into the following five components:
1. Task Order Requirement Notification will continue. Both Industry and the Government agree it is beneficial for all parties to know that the government has a new requirement (task) that the government wants to select (Order) a Contractor to accomplish the work.
2. The Government will notify the contractors on the MATOC if the acquisition process is taking longer than normal and give an explanation as to why this is the case. Both Industry and the Government agree it is beneficial for all parties to keep everyone informed on the status of any on-going acquisition. The District/Center will establish a timeline for each A/E acquisition. The timeline should be realistic. The District/Center will place the schedule for selection and award within the TORN.
3. The Government will notify all contractors when the government has made a selection for the most qualified firm and when the government awards a Task Order.
4. The Government will inform the contractors when the government has sufficient information on hand (SF330 and other information) to make a determination as to which is the most qualified firm to accomplish the work and permit contractors to submit additional relevant information. The contractor will have five days to submit additional information in response to the TORN.
5. The Government and Industry will educate all those involved in the acquisition process on how we determine who is the most qualified. What information is needed to make this determination.
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