Office of Management and Budget (OMB) Memo

Yes. NITAAC GWACs 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 the OMB with 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.

Best in Class (BIC) means that something has been designated by the Office of Management and Budget (OMB) as a preferred governmentwide solution that:

1. Allows acquisition experts to take advantage of pre-vetted, governmentwide contract solutions;
2. Supports a governmentwide migration to solutions that are mature and market-proven;
3. Assists in the optimization of spend, within the governmentwide category management framework; and
4. Increases the transactional data available for agency level and governmentwide analysis of buying behavior.

To see the five rigorous criteria for Best in Class solutions as outlined by OMB, please visit the Acquisition Gateway and Best in Class (BIC) Resource page.

Unless using an exception to fair opportunity as described in FAR 16.505(b)(2), ordering contracting officers must provide fair opportunity, FAR 16.505(b)(1) for orders exceeding the micropurchase threshold. 

The delivery order file should document the rationale for placement and price of each order, including the basis for award and the rationale for any tradeoffs among cost or price and non-cost considerations in making the award decision, or if using one of the exceptions to fair opportunity, document the rationale. The delivery order file need not quantify the tradeoffs that led to the decision.

The negotiated procedures of FAR Part 15 DO NOT APPLY to delivery orders under the GWAC. This means that you do not have to establish a competitive range or conduct discussions with all contractors submitting proposals.

FAR 16.505(b)(6) only require contracting officers to notify unsuccessful participants and offer such participants when the total price of a delivery order exceeds $5 million.

(ii) The contract file shall also identify the basis for using an exception to the fair opportunity process (see paragraph (b)(2)). (FAR 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.