NIH POLICY MANUAL

1. Explanation of Material Transmitted:  This release replaces the NIH Indefinite Delivery Contract (IDC) Guide. In the future, the contents of this manual will be incorporated into the NIH Manual 6016-2, Task and Delivery Order Contracting.

2. Filing Instructions:

   (* Please note new chapter number and series)
   Remove: NIH Manual Issuance 26016-1 dated 9/15/98
   Insert: NIH Manual Issuance *6016-3 dated 12/1/00

3. Distribution: NIH Manual Mailing Keys F-6, F-7, F-113, F-113B, F-113D, F-401 and F-404

PLEASE NOTE: For information on:

• Content of this chapter, contact the issuing office listed above.
• NIH Manual Mailing Keys or for a paper copy of this chapter, contact the Division of Management Support, Office of Management Assessment, OA, on 496-2832.
• on-line information, go to the NIH Homepage and enter this URL: http://www1.od.nih.gov/oma/manualchapters/

This chapter provides a listing of Indefinite Delivery Contracts (IDC) awarded by the Office of Logistics and Acquisition Operations (OLAO) and available for use by the NIH community. It also describes record of call ordering procedures to be used with these IDCs. The ordering procedures allow authorized ordering officials to place orders directly with suppliers.

The Office of Logistics and Acquisition Operations (OLAO) awards IDCs for items or services needed on a continuous basis. OLAO IDCs are identified by the letter "D" in the contract number.

C. References:

1. Federal Acquisition Regulation (FAR) Part 16.5

2. NIH Manual Chapter 6016-2, Task and Delivery Order Contracting

3. Delegated Acquisition Reference Guide: http://www.nih.gov/od/opm

4. NIH Simplified Acquisition Guide: http://www.nih.gov/od/opm/

5. Justification for Other than Full and Open Competition Desk Guide for NIH
   Contracts (JOFOC): http://www1.od.nih.gov/ocm/contracts/documents_forms.htm

D. Definitions:

Indefinite Delivery Contract (IDC) - An IDC is a type of contract used for repetitive open market purchases when exact quantities or deliveries are not known in advance.

Definite-Quantity Contract - FAR 16.502(a) defines a definite-quantity contract as a contract that provides for delivery of a definite quantity of specific supplies or services with deliveries or performance to be scheduled at designated locations by placing orders with the contractor.

Requirements Contracts - FAR 16.503(a) defines a requirements contract as a contract that provides for filling all actual purchase requirements of the designated Government activity for supplies or services, with deliveries or performance to be scheduled by placing orders with the contractor.

Indefinite-Quantity Contract - FAR 16.504(a) defines an indefinite-quantity contract as a contract that provides for an indefinite quantity, within stated limits, of supplies or services, with deliveries or performance to be scheduled by placing orders with the contractor.

Multiple Award Contract - A contract awarded to more than one vendor for the same commodity (supplies or services). For multiple award IDIQ contracts, the contracting officer is obligated to adhere to the fair opportunity provisions at FAR 16.505(b) when ordering under such contracts.

Multiagency Contract - A contract available not only to authorized officials at NIH, but also available on a non-mandatory basis to authorized officials in other government agencies. Multiagency contracts may be single award or multiple award contracts. These contracts may only be IDIQ contracts.

E. Responsibilities:

1. Office of Logistics and Acquisition Operations

The Office of Logistics and Acquisition Operations is responsible for negotiating, establishing, administering and renewing IDCs in support of the NIH administrative and scientific community, as requested, and providing copies or access to contract documents as outlined in Section H.

2. Division of Acquisition Programs, OLAO

The Division of Acquisition Programs, OLAO is responsible for the update and distribution of this chapter and its appendices at least annually or when significant changes occur.

3. DELPRO Approving Official

DELPRO approving officials have the responsibility to ensure compliance with contract terms, conditions and all established FAR, HHSAR and NIH ordering policies and procedures prior to approving an order.

4. DELPRO Ordering Official

DELPRO ordering officials are responsible for processing purchase requests for supplies and services against IDCs and for ensuring orders are in compliance with contract terms and conditions and established FAR, HHSAR and NIH ordering policies and procedures.

5. Requestor

The Requestor is responsible for preparing a written purchase request for goods and services. He/she is responsible for determining what is required, describing the product or service in sufficient detail and providing any information needed by the ordering official who will place the order with the vendor.

6. Receiving Official

Once the supplies have been delivered or the services completed, the designated receiving official has the responsibility to inspect the supplies/services for correctness, accept or reject, and forward a signed and dated packing slip/delivery ticket to the ordering official within seven calendar days of delivery of supplies/completion of services. If a packing slip or delivery ticket did not accompany the purchase, written notification must be provided to the ordering official informing them of the date of receipt.

ICs are encouraged to use indefinite-quantity contracts that have been written for use by the IC. The Requirements type contract (as described in Section D. Definitions) creates a legal obligation on the part of ordering activities cited in the contract to "order from the Contractor all the supplies or services specified in the Schedule..." whenever they have a need for the covered supply/service.

Terms and conditions are set forth in each contract.

G. General Ordering Procedures:

1. Multiple Award IDC

1. Contractors under Multiple Award indefinite quantity contracts shall be provided a "fair opportunity to be considered" for each order in excess of $2,500.

   (See NIH Manual Chapter 6016-2 "Task and Delivery Order Contracting", G. "Procedures, 9. "Ordering Procedures"), which addresses the following information for multiple award indefinite-quantity contracts: a. Fair Opportunity to Be Considered, b. Fair Opportunity to Be Considered after Exclusion of Awardees, c. Other than Fair Opportunity to Be Considered, and d. Solicitation, Review and Evaluation of Orders.

   For the "Multiple Award" indefinite quantity contracts and requirements contracts listed in Appendix 4, the Contracting Officer/Contract Specialist must be contacted before placing orders against these contracts. Ordering procedures for DITA indefinite quantity contracts can be found under http://nitaac.nih.gov/.  Click on any one of these named contracts to obtain specific procedures.

2. Single Award IDC

1. The ordering official determines if the required supplies or services are available from an existing IDC. Current IDC commodities are identified in Appendix 2.

2. The ordering official reviews the appropriate IDC to obtain information on the desired supplies/services and their prices. He/she then contacts the vendor, identifying him/her self by name and organization (NIH), and then places the order.

3. Administration - Single Award IDC

1. If an existing IDC meets one's requirements and the IC is not prohibited from using it, a ROC must be entered into the DELPRO system (refer to the Delegated Acquisition Reference Guide for assistance) within 24 hours of placing the call with the vendor. The Approving Official must approve the order within 24 hours.

   If an order is to be delivered prior to the 24 hour time period permitted for DELPRO Approving Official authorization, the order should be placed with a purchase card. If that is impossible, the DELPRO Approving Official may approve the order orally, however, the DELPRO Ordering Official must note in the file the time and date that this occurred. Preferably, the DELPRO Approving Official or his/her backup should immediately electronically approve the order in the Administrative Data Base (ADB). If the DELPRO Ordering Official is unable to contact the DELPRO Approving Official or his/her backup to request immediate authorization, he/she shall prepare a brief note to the file explaining the attempts to make the contact and the reason(s) why delivery of the item/service is necessary prior to receipt of approval. This will ensure that proper administrative approval is obtained, funds are obligated, and prevents the possibility of an unauthorized commitment.

   Ordering officials are reminded that IC specific contracts restricted to specific ICs may only be used by the authorized ordering officials listed in the contract.

2. The prices/costs for services must be entered as listed in the contract. For some contracts, the exact prices paid for services cannot be accurately determined until the end of a prescribed period of time specified in the contract (i.e., weekly, monthly, quarterly, etc). In those circumstances, the ROC should be entered at the beginning of the period with an estimated obligation. At the end of the period if the estimate sufficiently covers the total cost charged, receiving can be entered immediately for the actual costs. If there are any excess obligations, it is recommended that the ROC be adjusted to reflect the same amount as the invoice.

   If the estimate is too low, the ordering official must modify the ROC as appropriate before receiving can be entered.

3. The contract number must be used as the source number for all IDC ROCs. If the contract number is 263-00-D-0101, enter the number in the source number field on the ROC ADD screen as D0000101. The "D" indicates the source is an IDC, the "0" indicates the Fiscal Year the contract was awarded, followed by 00 and the contract number which is "0101".
4. The CAT#: field is reserved for entry of the vendor catalog number for the goods or services being purchased under the contract. If no catalog number exists, type a zero (0) in the first space of the CAT#: field and press the tab key. Then enter the description of the item.
5. Once the ROC is entered, the approving official (within 24 hours) determines whether the order is in compliance with the terms and conditions of the cited IDC. When the approving official approves the ROC, either a DELPRO computer generated printout is printed with his/her name and date, or, he/she dates and signs the DELPRO computer generated printout, and the Ordering Official files the approved order in the official acquisition file.

   In cases where the ROC is not approved by the approving official, and the order has been placed with the vendor, the ordering official must immediately cancel the order with the vendor to prevent the possibility of an unauthorized commitment.

6. The ordering official follows up on the status of the order with the vendor, unless already received. Ordering officials must notify the OLAO Contracting Officer for the specific IDC when goods or services are not delivered on schedule or when the vendor fails to conform to the terms and conditions of the contract.
7. Receipt, inspection and acceptance of goods and services is required in order to ensure conformity to the order specifications before receiving can be entered into DELPRO. It is the responsibility of the designated receiving official (Requestor/Consignee Project Officer) who is accepting the order to know the appropriate procedures for the acceptance of supplies and services. These procedures are outlined in the Delegated Acquisition Reference Guide.

   The ordering official enters the receiving information based on the information provided by the receiving official on the DELPRO Receive Screen to assure prompt payment.

8. The official acquisition file for ROCs placed against IDCs must contain a purchase request/worksheet, a signed and dated DELPRO printout of the ROC, packing slip/delivery ticket with the receiving date and signature (including a printed signature) of the receiving official and any other pertinent documentation.

4. Administration - Multiple Award IDC Contracts

1. Contact the Contracting Officer/Contract Specialist for the appropriate ordering procedures.

H. Information or Requests for Copies of Indefinite Delivery Contracts:

Information or request for copies of IDCs may be obtained by calling the Contracting Officer/Contract Specialist identified by the Purchase Agent Code (PA code) for the specific contract. Refer to the Office of Logistics and Acquisition Operations IC assignments (Appendix 1) for the Contracting Officer/Contract Specialist name and telephone number.

I. Request for the Establishment/Modification of a Contract:

For a new contract that is IC specific, or the modification to an existing contract, an IC must prepare and submit a Request for Contract (RFC) along with a Market Requisition (RQM) for $1.00 to the OLAO.

The RFC must provide a complete description of the requirement, specifications or Statement of Work (SOW) and applicable clearances for the supplies/services required. If the technical needs of the program are such that a specific source of supply or service is required, the reason must be clearly stated in a Justification for Other Than Full and Open Competition (JOFOC).

If the request is to extend the period of performance of an IDC, or increase the quantity above the stated contract maximum in an indefinite quantity or a definite quantity IDC, a JOFOC is required.

The assigned Contracting Officer/Contract Specialist will make the determination if the requested supplies/services can be added to an existing contract or if a new contract is appropriate. If a new contract is necessary, detailed acquisition planning will begin based on the information provided in the RFC.

(See NIH Manual Issuance 6016-2, "Task and Delivery Orders Contracting" for guidance on the specific requirements and procedures for establishing multiple award IDCs.)

J. Record Retention and Disposal:

All records (e-mail) pertaining to this chapter are retained and disposed of under the authority of NIH Manual 1743 "Keeping and Destroying Records", Appendix 1, "NIH Records Control Schedule", Item 2600-A-4, "Routine Procurement Files" and Item 1100-M-1, "Administrative Files".

NIH e-mail messages (messages, including attachments, that are created on NIH computer systems or transmitted over NIH networks) that are evidence of the activities of the agency or have informational value are considered Federal Records. These records must be maintained in accordance with current NIH Records Management guidelines. If necessary, back-up file capability should be created for this purpose. Contact your IC Records Officer for additional information.

All e-mail messages are considered Government property, and, if requested for a legitimate Government purpose, must be provided to the requestor. Employees’ supervisors, NIH staff conducting official reviews or investigations, and the Office of Inspector General may request access to or copies of the e-mail messages. E-mail messages must also be provided to congressional oversight committees, if requested, and are subject to Freedom of Information Act requests. Since most e-mail systems have back-up files that are retained for significant periods of time, e-mail messages and attachments are likely to be retrievable from a back-up file after they have been deleted from an individual’s computer. The back-up files are subject to the same requests as the original messages.

K. Management Controls:

The purpose of this manual issuance is to provide information on record of call ordering procedures for IDCs awarded by OLAO. Through this manual issuance, the Office of Logistics and Acquisition Operations, is accountable for the method used to ensure that management controls are implemented and working. Oversight to ensure effective implementation and compliance with this policy will be accomplished by annually updating this manual issuance to reflect any policy or procedural changes the Ordering offices must follow when processing Record of Calls against IDCs awarded by OLAO, as well as providing the Ordering offices with a current list of IDCs awarded by OLAO.

ACQUISITIONS BRANCH A/B:

Branch Chief - EDWARD WILGUS:  (BA)
Bldg 6011, Rm 537D
Tel 402-3070

ASSIGNED AREA(S): FIC, NIAAA, NINR, NIA, NIAMS, NEI, NHGRI, NINDS, NIDCD, NICHD, NIMH, NIDCR, NIGMS, ORS

Appendix 2 - Category and Commodity for Indefinite Delivery Contracts:

* Category and Commodity with NIH-wide contracts.

For a list of NITAAC contracts see http://nitaac.nih.gov/

R=REQUIREMENTS; MA=MULTIPLE AWARD; MAgy=MULTIAGENCY

NOTE: ALL CONTRACTS NOT SPECIFIED AS "REQUIREMENTS" ARE "INDEFINITE DELIVERY INDEFINITE QUANTITY" (IDIQ)

Appendix 4 - Listing of Indefinite Delivery Contracts by Commodity:

CAT: 02 - IT Services & Programming

R=REQUIREMENTS; MA=MULTIPLE AWARD; MAgy=MULTIAGENCY

NOTE:  ALL CONTRACTS NOT SPECIFIED AS "REQUIREMENTS" ARE "INDEFINITE DELIVERY INDEFINITE QUANTITY" (IDIQ)