52.216-32 Task-Order and Delivery-Order Ombudsman
Source: FAR 52.216-32 on acquisition.gov
FAR 52.216-32 ensures contractors have access to an Ombudsman to review complaints about task or delivery order awards, promoting fairness and transparency in the ordering process.
Overview
FAR 52.216-32 establishes the requirement for agencies to designate a Task-Order and Delivery-Order Ombudsman for contracts that involve task or delivery orders. The Ombudsman serves as a neutral party to review contractor complaints regarding the fair opportunity process for awarding orders under the contract. The clause ensures contractors have a formal avenue to raise concerns about order awards, and mandates that the Ombudsman’s contact information be provided in the contract. For contracts used by multiple agencies (Alternate I), the ordering activity must also designate its own Ombudsman, and contractors are encouraged to first seek resolution with the Contracting Officer before escalating to the Ombudsman. Consulting the Ombudsman does not delay other processes, such as protests, and confidentiality can be maintained upon request, unless otherwise prohibited.
Key Rules
- Designation of Ombudsman
- Agencies must designate and provide contact information for a Task-Order and Delivery-Order Ombudsman in the contract.
- Complaint Review
- The Ombudsman reviews contractor complaints about task or delivery order actions and ensures fair opportunity procedures are followed.
- No Delay of Other Processes
- Consulting the Ombudsman does not pause or extend timelines for other processes, such as protests.
- Initial Complaint Process
- Contractors are encouraged to first address complaints with the Contracting Officer before contacting the Ombudsman.
- Confidentiality
- The Ombudsman may keep the complainant’s identity confidential if requested, unless prohibited by law or agency policy.
- Multiple Agency Contracts (Alternate I)
- For contracts used by multiple agencies, the ordering activity must also designate an Ombudsman, and complaints are primarily reviewed by the ordering activity’s Ombudsman.
Responsibilities
- Contracting Officers: Must insert the clause, designate the Ombudsman, and provide contact information.
- Contractors: Should attempt to resolve complaints with the Contracting Officer first, then may escalate to the Ombudsman.
- Agencies: Must ensure the Ombudsman is accessible and that procedures for fair opportunity are followed.
Practical Implications
- This clause provides contractors with a formal, neutral channel to address concerns about the order award process, promoting transparency and fairness.
- Contractors should document their concerns and follow the escalation process to ensure their complaints are properly reviewed.
- Failure to provide Ombudsman information or follow the process can result in compliance issues for agencies and missed opportunities for contractors to resolve disputes.
As prescribed in 16.506(j), insert the following clause:
Task-Order and Delivery-Order Ombudsman (Sept 2019)
(a) In accordance with https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4106&num=0&edition=prelim" target="_blank">41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. _____________ [Contracting Officer to insert name, address, telephone number, and email address for the Agency Ombudsman or provide the URL address where this information may be found.]
(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).
(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.
(End of clause)
Alternate I (Sept 2019). As prescribed in 16.506 (j), add the following paragraph (d) to the basic clause.
(d) Contracts used by multiple agencies.
(1) This is a contract that is used by multiple agencies. Complaints from Contractors concerning orders placed under contracts used by multiple agencies are primarily reviewed by the task-order and delivery-order Ombudsman for the ordering activity.
(2) The ordering activity has designated the following task-order and delivery-order Ombudsman for this order: ____________ [The ordering activity's contracting officer to insert the name, address, telephone number, and email address for the ordering activity's Ombudsman or provide the URL address where this information may be found.]
(3) Before consulting with the task-order and delivery-order Ombudsman for the ordering activity, the Contractor is encouraged to first address complaints with the ordering activity's Contracting Officer for resolution. When requested by the Contractor, the task-order and delivery-order Ombudsman for the ordering activity may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.