FAR 52.216-32—Task-Order and Delivery-Order Ombudsman.
Plain-English Summary
FAR 52.216-32 establishes the task-order and delivery-order Ombudsman process for contracts that use task orders or delivery orders, including multiple-award and multiple-agency contracts. It tells contractors where to take complaints about order-level actions, requires the agency to designate an Ombudsman and provide contact information, and explains that the Ombudsman’s role is to review complaints and help ensure a fair opportunity for order awards under the contract’s ordering procedures. The clause also makes clear that using the Ombudsman does not stop or extend other remedies or timelines, such as bid protest deadlines. It encourages contractors to first raise concerns with the Contracting Officer before going to the Ombudsman, and it allows confidentiality of the complainant’s identity when requested, unless law or agency procedure says otherwise. The Alternate I version adds special rules for contracts used by multiple agencies, directing complaints primarily to the ordering activity’s Ombudsman and requiring that ordering activity to identify its own Ombudsman contact information. In practice, this clause is a process-and-escalation tool: it does not create a protest forum, but it gives contractors a designated official to review fairness concerns about task-order and delivery-order actions.
Key Rules
Agency must designate Ombudsman
The agency must identify a task-order and delivery-order Ombudsman for the contract and provide the person’s contact information or a URL where it can be found. This designation is required so contractors know where to direct complaints about order-level actions.
Ombudsman reviews order complaints
The Ombudsman must review contractor complaints concerning all task-order and delivery-order actions under the contract. The role is to help ensure the contractor receives a fair opportunity for consideration in order awards, consistent with the contract’s ordering procedures.
No effect on other remedies
Consulting the Ombudsman does not change, pause, or extend any other process, including protests. Contractors must still meet all applicable deadlines and procedural requirements for other remedies.
Contractor should start with CO
Before going to the Ombudsman, the contractor is encouraged to first raise the complaint with the Contracting Officer for resolution. This creates a first-line opportunity to resolve issues without escalation.
Confidentiality may be protected
If the contractor requests it, the Ombudsman may keep the identity of the concerned party or entity confidential, unless law or agency procedure prohibits confidentiality. This can help contractors raise concerns without unnecessary exposure.
Multiple-agency contracts use ordering Ombudsman
For contracts used by multiple agencies, complaints are primarily reviewed by the Ombudsman for the ordering activity, not the base contract agency. The ordering activity must also provide its own Ombudsman contact information.
Ordering activity CO first on multi-agency orders
Under Alternate I, the contractor is encouraged to first address complaints with the ordering activity’s Contracting Officer before contacting that activity’s Ombudsman. This mirrors the basic clause’s escalation path but applies at the ordering-agency level.
Responsibilities
Agency
Designate a task-order and delivery-order Ombudsman for the contract and make the contact information available in the contract or through a URL. Ensure the Ombudsman function exists to review contractor complaints about order-level actions.
Task-order and Delivery-order Ombudsman
Review contractor complaints about task-order and delivery-order actions and help ensure the contractor is afforded a fair opportunity for consideration in order awards, consistent with the contract’s ordering procedures. Maintain confidentiality when requested, unless prohibited by law or agency procedure.
Contracting Officer
Insert the Ombudsman’s name and contact information or URL in the clause. Receive and attempt to resolve contractor complaints first when the contractor raises concerns before escalating to the Ombudsman.
Contractor
Use the clause’s complaint process to raise concerns about task-order and delivery-order actions. First address issues with the Contracting Officer when appropriate, then consult the Ombudsman if needed, while continuing to protect any protest rights and deadlines.
Ordering Activity (for multiple-agency contracts)
Designate its own task-order and delivery-order Ombudsman for orders placed under the contract and provide that contact information. Primarily review complaints through the ordering activity’s Ombudsman process.
Practical Implications
This clause gives contractors a designated escalation path for order-award fairness concerns, but it is not a substitute for a protest or other formal remedy.
Deadlines still matter: contacting the Ombudsman does not stop the clock on protests, claims, or other required actions.
Contractors should usually start with the Contracting Officer, because many issues can be resolved faster and more effectively at that level.
For multiple-agency contracts, the correct Ombudsman is usually the ordering activity’s Ombudsman, not necessarily the agency that awarded the base contract.
Confidentiality can be requested, but it is not guaranteed if disclosure is required by law or agency procedure.
Official Regulatory Text
As prescribed in 16.506 (j) , insert the following clause: Task-Order and Delivery-Order Ombudsman (Sept 2019) (a) In accordance with 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.