Attachment 2_Ordering Procedures.pdf

FA8609-22-R-0001

ATTACHMENT 2

Ordering/Evaluation Procedures

ORDERING/EVALUATION PROCEDURES

TABLE OF CONTENTS

1.0 Ordering/Evaluation Procedures

1.1 Request for Quote/Proposal Process

1.2 Quote/Proposal Submission Process

1.3 Quote/Proposal Evaluation Process

1.3.2.1 GATES (Step 1)

1.3.2.2 OBJECTIVE CRITERIA (Step 2)………………………………………...……5

1.4 Order Issuance Process

1.5 Post Order Issuance

1.6 Request for Information (RFI) Process………………………………………… ……8

1.0 Ordering/Evaluation Procedures

1.1 Request for Quote/Proposal Process

1.1.1 Upon execution of the basic contract, the Government will competitively solicit quotes or proposals from the KC-46 Initial Spares (KIS) awardees using FAR 16.505(b)(1) fair opportunity processes in order to execute delivery orders to fulfill individual requirements, unless one of the exceptions at 16.505(b)(2)(i) applies.

1.1.2 Specific instructions will be provided within each Fair Opportunity Request for

Quote/Proposal (FORQ/P). KIS mission requirements continually evolve; therefore, rapid acquisition is paramount. The Government’s objective is to award orders within 60 days, excluding those for urgent need.

1.1.3 Foreign Military Sales (FMS) delivery orders may be issued under the terms and conditions of this contract. Before any FMS FORQ/P or delivery order is issued, a properly executed Letter of Offer and Acceptance (LOA) between the United States Government and the FMS country, accompanied by sufficient funding, will be provided by the FMS country. In addition, if the LOA directs the source in accordance with FAR 6.302-4, “International Agreement,” and that source is a KIS prime contractor, a sole source delivery order may be issued to that source in accordance with FAR 16.505(b)(2)(i)(e). A separate delivery order will be issued for each FMS case. Any delivery order issued on behalf of an FMS country shall be in accordance with the terms and conditions of this contract.

1.1.4 Fair Opportunity Request for Quote/Proposal (FORQ/P)

a. The CO will initiate the FORQ/P process by sending a FORQ/P letter and attachments (hereafter referred to as the FORQ/P package) to all the IDIQ contractors, via e-mail, following FAR 16.505.

b. In accordance with requirements outlined in paragraph 1.6 of these ordering procedures, KIS prime contract holders are required to provide annual updates to its original capability statements provided with its offer during the source selection. The most current version, at the time a FORQ/P is released, of the KIS prime contract holder’s capability statement will be used to determine if some or all of the spare parts being acquired on each FORQ/P meet the criteria identified in FAR 19.502-2 or 19.502-3. The spare parts that meet this criteria will be set aside and a FOPQ/P for those spare parts will only be sent to the prime contract holders in the small business pool. All other spares parts that did not meet this criteria will be included in a separate FORQ/P and sent to the unrestricted pool. All KIS prime contract holders are eligible to submit an offer under the unrestricted pool.

c. The Contract Line Item Number (CLIN) structure on each order will follow the CLIN structure outlined in the basic IDIQ contract. The FORQ/P package will include the following information:

1. Date of package;

2. Quote/Proposal due date and submission method

3. Point of Contact (POC) information;

4. Delivery Location;

5. List of spare part numbers from the Eligible Parts List to be procured;

6. Delivery Timeframe;

7. Quantity of spare parts to be procured;

8. Predetermination of commerciality, as applicable

9. Order template, as applicable;

10. Other pertinent data.

1.2 Quote/Proposal Submission Process

1.2.1 Submission of quotes/proposals is not mandatory; however, Contractors shall submit a confirmation of “no bid” prior to the submission deadline with an explanation as to why the Contractor is unable to provide a quote/proposal if it originally stated it could during the establishment of the MAC IDIQ.

1.2.2 If no quote/proposal is received, the CO, at his/her discretion, may re-validate the FORQ/P requirement. The validation process may include exchanges of information with some or all the Contractors to determine whether there are concerns with the requirement. Should the requirement be re-validated, the CO may reissue the FORQ/P package.

1.2.3 The Offeror’s responses related to “no bid” may be taken into consideration when utilizing the off-ramp procedures in clause H001, Off-Ramp Procedures.

1.2.4 The Contractor’s quote/proposal shall be submitted to the ordering CO on or before the time and date specified in the FORQ/P letter.

1.2.5 The amount of time for quote/proposal submission will be based on the complexity and urgency of the requirement and will be stated in each individual FORQ/P.

1.2.6 The KIS contract holder may offer a mix of different types of parts to meet the total quantity being requested; however, the Offeror may only provide one extended price for each spare part (regardless of total quantity for the spare part being requested in the FORQ/P).

Additionally, if the quantity is greater than one (1), then the Offeror shall only state and execute the delivery of all quantities to one delivery date.

1.2.7 Any questions pertaining to the FORQ/P package and/or identification of part numbers that have rolled shall be submitted to the CO in writing within five (5) business days of FORQ/P issuance (for non-urgent requirements), unless otherwise specified. In the event issues pertaining to the FORQ/P package cannot be resolved to the satisfaction of the CO, the CO reserves the right to cancel the proposed FORQ/P package. In such event, Contractors will be notified, via email, of the CO’s decision, which shall be final and conclusive and shall not be subject to the Disputes clause of the Contract Disputes Act.

1.2.8 In the event only one offer is received (and after it has been determined that the FORQ/P package does not require re-validation and reissuance), the Government shall follow the procedures in DFARS 215.371.

1.3 Quote/Proposal Evaluation Process

1.3.1 The Government will evaluate quotes/proposals in response to each FOPQ/R in accordance with these ordering procedures.

1.3.2 Each Offeror will be evaluated using the following gates and objective criteria, in sequential order, to determine the best value for each spare part:

1.3.2.1 GATES (Step 1): In order for an Offeror to be considered for an award, each spare part being proposed must adhere to all the following gates:

1.3.2.1.1 All proposed parts shall have a minimum of two service life cycles remaining for usage. The Offeror shall document the life in cycles or hours remaining on the spare part in block 12 of the FAA Form 8130-3, Airworthiness Approval Tag that will be provided with the spare part.

1.3.2.1.2 If a part is proposed as new surplus, as defined in the SOW, it shall not exceed the shelf storage time that is commercially acceptable with a maximum limit not to exceed two years. The Offeror shall document the life in cycles or hours remaining on the spare part in block 12 of the FAA Form 8130-3, Airworthiness Approval Tag that will be provided with the spare part.

1.3.2.1.3 Regardless if the part is used or new, all quantities of each part shall be delivered to the desired location no later than the date stated for each part in the delivery order.

1.3.2.1.4 In the event a part has not been predetermined commercial as identified in CLIN 0002 and the Offeror believes it is, then the Offeror shall comply with the requirements outlined in the FAR and its supplements as it pertains to supporting its position on a commercial item and submit any required documentation with each FOPR. If the information provided is not sufficient enough to determine the item commercial, then it will be procured under CLIN 0003 as a non-commercial item.

1.3.2.2 OBJECTIVE CRITERIA (Step 2): If an Offeror meets all the criteria in paragraph 1.3.2.1 of this section, then each spare part proposed by the Offeror will be evaluated based on the following, in sequential order:

a) The Offeror with the lowest extended price may be awarded this part. If there is a tie among Offerors, then;

b) If the quantity is equal to one (1), the Offeror that provides a new part versus a used part may be awarded this part. If the total quantity is greater than one (1), then the Offeror that provides more new parts versus used parts may be awarded these parts. A “used” part is defined as any part that does not meet the definition of “New” in paragraph 2.2.1 of the Statement of Work. If a tie among Offerors still exist, then;

c) The Offeror that can provide the specific part(s) at the earlier delivery date within the range may be awarded this part. If a tie among Offerors still exist, then;

d) The Offeror that has the highest cumulative performance score from all previous orders may be awarded this part. If the Offeror does not have a performance score due to not being awarded previous orders; long lead items; delivery time of items/CDRLs or acts of God as defined in SOW paragraph 3.5.5, then this evaluation criteria will not be applicable and award will be determined by a drawing by lot. This evaluation criteria is applicable starting with the third order since performance scores will not yet exist until then.

e) If a tie among Offerors still exists, then the final tie-breaker shall be made by a drawing by lot.

1.3.3 Other Relevant Information. The Offeror shall address other relevant information as requested by the FORQ/P. Examples include, but are not limited to: identification of any situation in which the potential for a conflict of interest (COI) exists; notification of situations in which Berry Amendment and Buy American-compliant end products from responsible sources are not available to fill requirements; or identification of the terms and conditions of any applicable standard or available extended warranty.

1.3.4 The Government will not be obligated to reimburse the Contractor for work performed, items delivered, or any costs incurred, nor shall the Contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed orders. FORQ/ Ps will indicate funds availability. The Government may request quotes/proposals with no assurance of funding and provide no assurance that orders will be issued.

1.4 Order Issuance Process

1.4.1 Decentralized ordering authority is not being granted to authorize users at this time.

1.4.2 Initial Orders. Each awardee will receive an initial delivery order for the contract minimum to cover the expense of attendance at the Post-Award Conference.

1.4.3 IAW CFR 15§700.13, DPAS Ratings: Delivery orders issued against this IDIQ contract will be rated and that all of the elements and regulatory requirement of a rated Defense order are applicable.

1.4.3.1 The Contractor shall accept every rated order received and must fill such orders regardless of any other rated or unrated orders. Therefore, since rated orders exist for this requirement, the Contractor should be thoroughly familiar with, and must comply with, the provisions of 15 CFR 700. The prime contractor is required to flow this requirement to its subcontractors, if applicable.

1.4.3.2 The Contractor shall not accept a rated order for delivery on a specific date if unable to fill the order by that date. However, the Contractor shall inform the Government of the earliest date on which delivery can be made and offer to accept the order on the basis of that date. Scheduling conflicts with previously accepted lower rated or unrated orders are not sufficient reason for rejection under this section.

1.4.3.3 The Contractor shall not accept a DO-rated order for delivery on a date which would interfere with delivery of any previously accepted DO- or DX-rated orders.

However, the Contractor must offer to accept the order based on the earliest delivery date otherwise possible.

1.4.3.4 If the Contractor is unable to fill all the rated orders of equal priority status received on the same day, it must accept, based upon the earliest delivery dates, only those orders which can be filled, and reject the other orders. For example, the Contractor must accept Order A requiring delivery on 15 December before accepting Order B requiring delivery on 31 December. However, the Contractor must offer to accept the rejected orders based on the earliest delivery dates otherwise possible.

1.4.4 The Contractor is not authorized to commence performance prior to the issuance of a signed delivery order or other written approval from the CO to begin work.

1.4.5 No unfunded delivery orders are permitted. Delivery orders will be fully funded in accordance with the FAR, DFARS, and other agency funding restrictions.

1.4.6 The Contractor shall work in partnership with the Government to close out orders as soon as possible after they are physically complete by using the “Quick Closeout” procedures described in FAR 42.708 as much as practical.

1.4.7 During performance, the Contractor shall notify the CO when an order cannot be fulfilled in its entirety due to any of the following circumstances: manufacturer backorder or discontinuation; substitute material; alternate delivery schedule; part number change, etc. The Contractor shall not substitute another item, different brand, or generic product, etc. for the specified product without the CO’s written approval and/or order modification.

1.4.7.1 The Contractor shall notify the CO when orders may be impacted by Diminishing Manufacturing Sources and Material Shortages (DMSMS).

1.4.7.2 If the Government does not approve the change(s), the parties will negotiate a mutual agreement, as applicable. The requirement may then be re-competed as required.

1.5 Post Order Issuance

1.5.1 The Contractor shall deliver reparable LRUs and notify the USG of the destination and respective locations in the quantities identified in each of its orders no less than 15 days prior to item delivery.

1.5.2 Include a packing slip and 8130-3/CoC for each reparable LRU to the appropriate

USG acceptance organization to include, but not limited to, the cognizant Defense Contract Management Agency (DCMA) Contract Management Office (CMO).

1.6 Request for Information (RFI) Process

1.6.1 The Government will issue an annual Request for Information (RFI), requesting a capabilities statement, from all KIS prime contract holders. Each capability statement shall include, but not be limited to any significant changes to the prime contract holder’s original submittal of FA8609-22-R-0001, Section J Attachment 3, Capability Statement. Significant changes include, but are not limited to, the prime contract holder ability to provide parts, changes in estimated delivery times of more than 30 days, and price increase(s) of more than 25%. If any significant changes exist, the contract holder’s shall include documentation stating why the change occurred. The data being requested is for informational purposes only. The Government will use the results of these annual capability assessments as market research and to determine if any upcoming delivery orders can be set aside for small business competition. The KIS contract holder may provide updates to its capability statements as frequently as it would like but no less than the annual RFI requirement.

Additional RFIs may be released throughout the year for unanticipated delivery orders that surface.

1.6.2 If the goals identified in the KIS prime contract holder’s Individual Subcontracting Plan changes, then it shall provide an updated plan shortly after discovery.