TASK ORDER (TO) PROCESS

Reminder:  These contracts are to be utilized for fixed-bid task orders, not staff augmentation.

Agency Information:  For audit purposes, please attach task orders to the line comment on your purchase order.

Some agencies use slightly different terminology to talk about Task Orders. Some agencies refer to these as Task Proposal Requests (TPR) or Task Requests (TR), but the purpose is the same. Generally, agencies wanting to engage a contractor will issue a Task Request or a Task Proposal Request. Firms wanting to be considered must respond with Task Proposal Response.

The TO process shall include the following steps:

1. The contracting state agency will e-mail or fax a TO all TO Contractors within the targeted group, the Division of Purchases, and the Kansas Information Technology Office.
2. All questions concerning the TO shall be submitted electronically to the agency contact person listed within the TO.  The questions shall be answered and distributed via e-mail by the agency contact person to all Vendors within the targeted group, the Division of Purchases and the Kansas Information Technology Office.  Any violation of this requirement, including directing questions to persons other than the agency contact person, may result in removal of the Vendor from the contract.
3. TO responses shall be submitted by each interested Contractor via e-mail or fax by the close date specified in the TO.  The TO close date will differ with each request, but shall at least have a closing date consistent with the Division of Purchases policies: 
   • TO valued at less than $25,000 at least 3 days
   • TO valued from $25,001 to $50,000 at least 10 days
   • To valued over $50,000 at least 21 days
4. Names and resumes for all individuals on the Vendor team for the work identified in the TO shall be identified in the TO response.  Only resumes of persons who are available and shall actually be assigned to the TO are to be provided.
5. Evaluation and review of all TO responses shall begin upon the closing date of the TO as cited in the solicitation.  Subsequently, interviews with the Vendor may be held.
6. In general, evaluation of a TO response will be based on best price for competency, no major problems in prior service, and the best interest of the State of Kansas.  A TO may be negotiated. However, negotiations that include any change to the specifications shall provide matching information to all Vendors on the pre-qualified list if the change is substantial enough that it would cause more than a minor alteration in the responses received.  The state reserves the right to base an award on, for example, the individual Vendor’s special qualifications to perform a particular project and/or the cost and suitability of staff offered for a project and to exercise discretion in selecting a Vendor for any given assignment.
7. The TO award (or further request if additional information or clarification is required) will generally be made within five to ten working days of the due date of the response.
8. The chosen Vendor will be provided a copy of the award for the TO. The agency head or a designee authorized to contractually bind the agency will sign the award.
9. The Vendor shall review and have an authorized person sign the award, accepting terms of the TO and response and binding the Vendor contractually to the engagement.
10. Each award shall contain clear provisions identifying dates for delivery of ITS products and the completion of ITS activities.
11. In prparing, distributing, processing, evaluating, and awarding a TO, the agency and involved vendors shall in all regards and without qualification, follow all applicable state laws, rules & regulations, policies, and practices regarding procurements.
12. On rare occasions, non-competitive Task Orders may be executed by a contractor and agency for emergency needs. Such Task Orders shall be characterized as short-term, generally shall be for significantly smaller engagements, and shall possess characteristics that clearly identify them as being abnormal and not suitable for execution under the normal Task Order processes. Immediately on execution of an emergency Task Order, a copy of the fully executed TO shall be sent to the Kansas Information Technology Office and to the Division of Purchases by the Contractor.
13. Infrequently, and only in response to a normal Task Order (TO) process and execution, an agency and contractor may execute a Task Order on a Time & Materials basis.

Unless noted otherwise in a TO, the following provisions shall apply.

1. The state reserves the right to review and disapprove all Contractor staff prior to the commencement of work.  This may include but is not limited to review of resumes, interviews and contacting references.  The state also reserves the right to review and disapprove all contract staff prior to the start of different phases of a given TO.
2. The state reserves the right to terminate a TO at any time.  Cause for termination may include but is not limited to (a) personnel originally offered by Contractor cease affiliation with said Contractor, (b) funding terminates, (c) Contractor fails to comply with contractual/TO requirements or (d) termination is in the best interest of the State.
3. The state reserves the right to terminate payment for Contractor staff assigned to the agency effective upon written notice to the Contractor if performance does not meet agency expectations.  The Contractor shall provide a replacement acceptable to the agency.  When any replacement is necessary, the “ramp up time” for the replacement staff time shall be at no cost to the agency.  The agency and the Contractor on a case by case basis will determine the “ramp up time” for replacement staff.
4. Contractor shall not reassign, terminate or add staff without prior written consent from the agency head or designee.
5. Key staff shall be identified on a TO.  If a position is identified as “key” and assigned staff is removed from the position without prior consent of the agency or leaves the employ of the Contractor without thirty (30) days written notice to the agency, an amount equal to the number of hours lost shall be deducted from outstanding invoices and any future billings.  The “hours lost” will be agreed on by a negotiated process between the agency and the Contractor.
6. Contractor shall not hire state staff or another Contractor’s staff working for the state without the written consent of the Director of the Division of Purchases or the Director’s designee.  In the event a Contractor fails to comply with this requirement, the Contractor may be removed from the pre-qualified list.
7. Contractor staff shall be expected to work as part of a cooperative team effort with staff from other firms as well as with state staff.
8. Contractor staff shall perform their duties in accordance with state policies, procedures and requirements, using state specifications and standards.  Applicable policies, procedures, requirements, specifications and standards will be provided to the Contractor before they may be applied.  All products are subject to agency review and the buying agency has final authority in accepting services and products.
9. The work day schedule and leave time shall be coordinated with and approved by the agency. State holidays are sometimes inconsistent with Federal or commercial holidays. Contractor shall observe the state holiday schedule when working on an ITS engagement.