Attachment2-OrderingProcedures.pdf

RANGE IDIQ SUPPORT EFFORT (RISE) ORDERING PROCEDURES

1.0 - ORDERING.

The procedures for selecting contractors for order awards under this contract are governed by FAR 16.505 and supplements. Unless otherwise specified in a Fair Opportunity Proposal Request (FOPR), the following defines the process by which fair opportunity will be afforded, how Task Order/Delivery Orders (TO/DOs) will be processed and priced, and how a TO/DO will be awarded.

The Aerospace Dominance Enabler Division/Range Branch reserves the right to restrict use of this contract.

No decentralized ordering authority shall be granted to any office or organization.

Task orders may be issued from date of contract award until the last day of the basic contract ordering period. However, task orders issued during the contract period may be completed in accordance with the terms of the task order after the contract period has expired.

All TO/DOs are subject to the terms and conditions of this contract. In the event of conflict between a TO/DO and this contract, the contract will control. The Government reserves the right to incorporate additional clauses, as appropriate, into individual TO/DO solicitations and awards.

Protests: In accordance with FAR 16.505(a)(10)(i), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task-order contract or delivery-order contract, except for:

(1) A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or

(2) A protest of an order valued in excess of $25 million. Protests of orders in excess of $25 million may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

Ombudsman. If the Contractor believes it was not fairly considered for a particular TO/DO, the Contractor may present the matter to the Contracting Officer (CO). The Contractor may appeal the explanation or decision of the CO to the Ombudsman. The Ombudsman will review the Contractor's complaint, and in coordination with the CO, verify that the Contractor was afforded a fair opportunity to be considered for the TO/DO.

2.0 - Fair Opportunity Process When the Government requires work under RISE, a FOPR will be issued, as appropriate.

Projects will be of varying size and complexity and can encompass any level of scope addressed in the Performance Work Statement (PWS) attached to the basic. The FOPR (unless the CO determines that an exception to fair opportunity procedures applies) will include information such as requirements documents (Statement of Work (SOW), PWS, etc.), Contract Data

Requirements List (CDRL) package, anticipated contract type, proposal due date, evaluation criteria, attachments, and any other requirements for submission.

For each TO/DO, notification of FOPR’s shall be provided to each of the prime contractors via direct electronic communication, typically email. Contractors shall keep an up-to-date email address on file with the CO at all times. Backup addresses are encouraged. The CO may make only one attempt to email a proposal offering to a RISE Contractor. All RISE contractors are encouraged to compete for TO/DOs. Each prime contractor shall evaluate the opportunity and determine whether or not to submit a proposal.

2.1 – Intent of Fair Opportunity Proposal Request The Government’s intent is to obtain proposals, solutions, and/or price for projects to include any aspect of scope outlined in the PWS attached to the basic. The Government will only request proposals for projects it expects a Contractor to execute.

2.2 – Task/Delivery Order Competition A wide variety of projects, determined by the CO in conjunction with the Program Manager to be within the scope of this contract, will be offered to RISE Contractors for the purpose of providing a best price or best value proposal. Individual TO/DO awards on these projects will be based on competitive proposals received exclusively from RISE Contractors.

2.3 – Requirements Documentation Written description documenting work required for each RISE project will be annotated in a TO/DO specific SOW or PWS. The Government TO/DO requirements document will also include a listing of the required submittals and delivery and/or Period of Period (PoP), when necessary.

2.4 – Fair Opportunity Exceptions To satisfy the contracting agency’s Small Business Administration contracting goals/targets, the CO may consider such factors as achievement of Section 8(a), Service Disabled Veteran Owned Business (SDVOB), Economically Disadvantaged Woman Owned Small Business Concern (WDWOSB), Woman Owned Small Business Concerns (WOSB), and HUB Zone goals/targets.

Individual projects may be further set-aside for participation exclusively by all awardees in the specified socio-economic group. The Government also reserves the right to set aside task orders for other authorized socio-economic programs approved for use during the existence of RISE and implemented by the FAR or DFARS. If a Small Business graduates from its current Small Business status, it will no longer be eligible to compete for Small Business set-asides

All eligible RISE Contractors, unless a task order is set-aside for a socio-economic group, will be provided a fair opportunity to compete for each project offered under this contract unless the following (FAR 16.505(b)(2)(i)) exceptions apply:

1. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

2. Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

3. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

4. It is necessary to place an order to satisfy a minimum guarantee.

5. For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

6. In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in FAR Part 19 apply.

Quality performance by RISE Contractors is very important. Therefore, failure to prosecute the work diligently on a currently awarded task order will be cause for the CO to exclude the Contractor in the competitive fair-opportunity pool for future task orders. When the Contractor’s delinquency has been cured, it will be considered for competition in future task orders.

In addition to the procedures outlined in FAR Part 19 the following applies. For orders exceeding the simplified acquisition threshold, the requirements owner shall perform market research to determine whether or not there is a reasonable expectation of receiving offers from at least two responsible RISE ID/IQ contract small business concerns. If market research reveals there is a reasonable expectation that two or more responsible small business concerns, who are competitive in terms of market prices, quality and delivery, will submit proposals, then the TO/DO will only be competed among those responsible small business concerns. If a TO/DO is competed among RISE ID/IQ contract small business concerns and the TO/DO contracting officer receives no acceptable offers, then the FOPR shall be withdrawn and the requirement, if still valid, shall be resolicited on an unrestricted basis to the entire pool of RISE ID/IQ contract awardees.

3.0 - Proposal Process The CO will issue a FOPR to all prime contractors, unless a fair opportunity exception exists.

Pricing arrangement and contract type for orders will be identified in the FOPR. The FOPR will include a due date for proposal submission and a requirements document that will include a detailed description of work to be accomplished, a listing of the deliverables required and any additional data, as appropriate. The FOPR will also include specific instructions for the submission of proposals.

The amount of time for proposal submission will be based on the complexity and urgency of the requirement and will be stated in individual FOPRs. If unable to perform a requirement, contractors shall submit a "no proposal" reply in response to the proposal request. All "no proposal" responses shall include a brief statement as to why the contractor is unable to perform

The organization of the proposal should follow the outline of the TO/DO PWS/SOW and instructions included in the FOPR. Proposals should represent the Offeror’s complete methodology that will be used to meet all of the requirements. The Contractor’s proposal should amplify the Government’s requirements documents by describing how the requirements will be accomplished according to their proposal.

3.1 - Technical Proposals. Technical proposal information will be identified on the order level.

The Government will specify the maximum page limits for each TO/DO technical proposal in the FOPR. Proposals shall not merely restate the requirements listed in the FOPR. Written technical proposals shall normally address:

1. Technical Approach and descriptive narrative of the contractor's understanding of the requested effort

2. Contractor SOW (CSOW) in response to requirements documents

3. Integrated Master Plan (if applicable)

4. Integrated Master Schedule (if applicable)

5. Key personnel assigned (if applicable)

6. Cost/Price data and justifications in the format specified in the FOPR

7. Period of Performance

8. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI)

9. Security (including clearance level)

10. Teaming Arrangement (including subcontracting)

11. Small Business Plan (if a large business)

12. Other Pertinent Data, such as assumptions made

3.2 - Cost Proposals. A written cost proposal will always be required for cost orders, and may be required for orders that are fixed price. This part of the proposal shall include detailed cost/price amounts of all resources required to accomplish the task, (i.e. labor hours, rates, travel, incidental equipment, etc.). The level of detail required shall be primarily based on the contract type planned for use, as further discussed below. The below instructions may normally be the ones which apply to TO/DO proposals, however, these instructions may be tailored in individual FOPRs, if so desired by the Government. Cost/price proposals shall include, as a minimum, a complete Contractor Work Breakdown Structure (CWBS), which coincides with the detailed technical approach; and provides all information as specified in the FOPR. Cost-reimbursement proposals shall be submitted in accordance with FAR 52.215-20 - Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data.

3.3 - Price Proposal. Information other than cost and pricing data maybe required at the TO/DO level for fixed price orders. No detailed price information will be submitted if not required by the TO/DO.

3.4 - Other Relevant Information. This information shall always be in writing and shall address other relevant information as required by the contract or requested by the FOPR. For example, the proposal shall identify any situation in which the potential for a conflict of interest exists. If travel is specified in the TO/DO requirements documents, airfare and/or local mileage, per diem rates by total days, number of trips and number of contractor employees traveling shall be included in the proposal.

3.5 - Clarification of Proposals. Evaluations will be in accordance with the selection criteria set forth in the FOPR. Upon completion of evaluations, the CO will issue a TO/DO to the contractor whose proposal provides the best value to the Government. As required, if proposal revisions are required after the FOPR due date, the CO shall send an interchange notice to outline required revisions.

3.6 - Proposal Preparation. The contractor shall assume all costs associated with preparation of proposals for TO/DO awards under the proposal process as an indirect charge (bid and proposal costs). 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. FOPRs for proposals will indicate funds availability. The Government may request proposals with no assurance of funding and provides no assurance that orders will be issued.

3.7 - Resolution of Issues. In the event issues pertaining to a proposed FOPR cannot be resolved to the satisfaction of the CO, the CO reserves the right to withdraw and cancel the proposed FOPR. In such event, the contractor shall be notified in writing of the CO's decision. This decision is final and conclusive and shall not be subject to the "Disputes" clause or the "Contract Disputes Act."

3.8 - Unauthorized Work. The contractor is not authorized at any time to commence TO/DO performance prior to issuance of a signed TO/DO or other written approval provided by the CO to begin work.

3.9 – Scope Determination. Any work anticipated to be accomplished under the RISE Contract is subject to a scope determination made by the CO. Any work determined to be out of the scope of the established RISE Contract will not be put on the RISE Contract and any commencement of work that has already been determined to be out of scope will be determined to be Unauthorized Work.

4.0 Evaluation of Proposals

The Government intends to select the most advantageous, responsive, and responsible proposal by evaluating price, past performance, and technical factors. Awards will be made on a best value basis, determined by the following evaluation methods: Lowest Price Technically Acceptable (LPTA), Tradeoff, or Low Price (when a technical proposal is not required and only price will be evaluated). The basis of award of each task order will be stated in the FOPR and additional evaluation criteria may be added. Depending upon the requirements of each order, the Contractor will typically provide a price proposal in response to a FOPR. Contractors shall respond within the number of calendar days stated in the FOPR by submitting a proposal to the CO in accordance with requirements stated in the FOPR. In addition to price, the FOPR may indicate in the offering that Past Performance, Technical competencies, and/or other criteria will be considered in the evaluation offer.

Past Performance, within a five (5) year period (unless a different time is specified in the FOPR), on previously awarded TO/DO’s under RISE or work on any other completed awards may be considered, as well as relevant performance evaluations at any location accessible in Government Performance databases. Past performance will be evaluated in terms of quality, timeliness, management effectiveness or other factors that the CO determines to be relevant to award on a particular order. On occasion, when deemed necessary by the CO, technical factors may also be considered.

4.1 – Government Review Upon receipt of the Contractor's proposal, the Government will review the proposal for completeness and accuracy. After evaluation, the Government may clarify and/or negotiate with the Contractor the any aspect of the provided proposal.

The Government may unilaterally accept the Contractor's initial proposal, in total or in part, without discussion or clarification negotiation, unless the Contractor qualifies the estimate by specific limitations. If proposal revisions are required or requested following the receipt of proposals the Government will issue an interchange notice. Such notices will specify requested revisions and timeframes for completing such changes.

5.0 Award of TO/DO

5.1 Award Decision: Whenever possible, award will be made without discussions. If discussions are required, each RISE Contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range.

If the CO determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the CO may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

TO/DO award will be made based on the best value to the Government in accordance with the criteria described in the FOPR. When price is the only factor considered, award will be based on the lowest reasonable and realistic price received. Proposals unrealistically high or low in price, when compared to the Government estimate, and market conditions evidenced by other competitive proposals received, may be indicative of an inherent lack of understanding of the solicitation requirements, and may result in proposal rejection without discussion.

The award will have a pricing arrangement established within the FOPR consistent with the CLINs on the basic.

5.2 Award Notification: The CO will provide notice to unsuccessful offerors the same day the TO/DO is awarded. For orders exceeding $6 million, see post award notice and debriefing procedures IAW FAR 16.505(b)(6).

6.0 Sole-Source Ordering Procedures

In the event it becomes necessary to negotiate with one firm on a sole-source basis the following procedures will be used.

6.1 Circumstances Permitting Sole Source Orders: All RISE Contractors will be given a fair opportunity to submit a proposal on projects unless the CO determines one of the exceptions at FAR 16.505(b)(2)(i) apply as detailed in section 2.4 of these Ordering Procedures.

When an exception in FAR 16.505(b)(2)(i) is applicable and the Government is in a sole-source environment, the Contractor will be responsible for preparing a detailed cost proposal. In addition to the exceptions at FAR 16.505(b)(2)(i) a detailed cost proposal will be required when modifications to a task order contract are needed. The following procedures will apply in addition to those previously mentioned above in the Competitive Ordering Procedures section for RISE.

A FOPR will be issued requiring a detailed cost proposal, in addition to other proposal submission requirements. Task Order negotiations will normally be conducted

6.2 Requirement for Cost and Pricing Data (10 U.S.C. 2306a and 41 U.S.C chapter 35): Unless an exception applies, or a waiver has been granted, cost or pricing data is required at the threshold contained in FAR 15.403-4(a)(1). When required, the Contractor shall submit to the CO the following in support of any proposal:

(1) Cost or pricing data in the format designated by the CO

(2) A certificate of current cost or pricing data, in the format specified in FAR 15.406-2 certifying that to the best of its knowledge and belief, the cost or pricing data were accurate, complete, and current as of the date of agreement on price or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price.

Subcontractor Proposals. The Contractor to the maximum extent possible shall submit competitive subcontractor proposals. In the event the Contractor is limited to one proposal, the Government will evaluate costs using an independent government estimate, Local Market Conditions, and/or any other means determined by the CO. The Contractor will require any subcontractor or prospective subcontractor to submit to the prime Contractor or appropriate subcontractor tier cost or pricing data in the format designated by the CO.

6.3 Government Review: Upon receipt of the Contractor's proposal, the Government will review the proposal for completeness and accuracy. After evaluation, the Government may clarify and/or negotiate with the Contractor the any aspect of the provided proposal.

The Government may unilaterally accept the Contractor's initial proposal, in total or in part, without discussion or clarification negotiation, unless the Contractor qualifies the estimate by specific limitations.