F_O_O_P_BBU36.pdf

FAIR OPPORTUNITY ORDERING PROCEDURES

AWARDING ORDERS UNDER MULTIPLE AWARD CONTRACTS

1. All future delivery orders will be placed in accordance with these ordering procedures.

Split percentages will be awarded based on the proposed total evaluated prices (TEPs) the contractors submit in response to a request for order proposal (RFOP). The split percentages identified below will be effective for all delivery orders against the basic contract throughout all ordering periods of the contract. The total dollar amount of future delivery orders will be based on the available budget at the time each delivery order is placed.

2. All multiple award contractors will be provided a fair opportunity to be considered for each order in excess of $3,500 pursuant to these procedures and in accordance with FAR 16.505(b)(1), unless the contracting office determines that one of the exceptions at FAR 16.505(b)(2) applies.

3. In accordance with FAR 16.505(b)(2) in 2 above, the government reserves the right to not provide a fair opportunity to an awardee if the awardee is presently late in delivering Impulse Cartridges to the Department of Defense.

4. Each request for order proposal will indicate that it is to be awarded under one of three processes: sole-source, winner-take-all, or competitive defined split award. Each of these is outlined below.

4.1. Sole-Source -- An order will be negotiated and awarded to a single contractor. This process will be used when Foreign Military Sales (FMS) customers direct the purchase be made from a specific contractor or other instances as defined in paragraph (2) above.

The government reserves the right to require certified cost or pricing data for orders exceeding the threshold defined in FAR 15.403-4(a)(1).

4.2. Winner-Take-All -- An order competition between or among the multiple award contractors where a single contractor will be awarded 100% of the order. Evaluations will compare unit prices proposed for specified quantities, and/or quantities proposed for specified dollar amounts. This will be clearly identified on each delivery order Request for Proposal.

4.3. Competitive Defined Split Award -- The basis for the split award amounts will be based on total evaluated price (TEP) for each delivery order. The difference in total evaluated price (TEP) as described in the following:

4.3.1. In the event two offers are submitted in response to a RFOP, the split order award amounts will be based on the percent difference in TEP between the two. The split will be done according to the split values in Table 1.

Table 1

Difference in TEP* Split <5% 55% 45% ≤5%__<10% 60% 40% ≤10%__<15% 65% 35% ≤15%__<20% 70% 30% ≤20%__<25% 75% 25% ≤25%__≤40% 85% 15% >40% 100% 0%

*NOTE: Percent difference in TEP is determined as follows: ((next lowest price -lowest price)/lowest price)*100. Percent difference in TEP will be rounded to the nearest whole number.

Table 1: Split of award if two offers received

Two Offer Example:

Offeror #1 TEP: $1,150 Offeror #2 TEP: $1,000

The difference in TEP between offeror #1 and offeror #2 is 15% (($1150- $1000)/$1000*100) which would result in a 65/35 (see Table 1) split with offeror #1 receiving 65% of the total budgeted dollars and offeror #2 receiving 35% of the total budgeted dollars. In this example, if the total budgeted dollars equals $1,000,000, the order amounts would be as follows:

Offeror #1: $650,000 Offeror #2: $350,000

*NOTE: Percent difference in TEP is determined as follows: ((next lowest price -lowest price)/lowest price)*100. Percent difference in TEP will be rounded to the nearest whole number.

5. In any instance where the contracting officer determines proposed prices from one or more offerors are unreasonable when compared with recent prices and other available data, or there is no rational economic explanation or basis for the proposed prices, the Government may utilize one or both of these alternatives.

5.1. Require certified cost or pricing data on any proposal exceeding the threshold stated in FAR 15.403-4(a)(1); and/or

5.2. (2) Cancel the request for order proposal and issue a new one that converts the evaluation process to a Winner-Take-All competition.

6. Performance can be authorized under this contract only by issuing individual orders signed by the PCO. Order modifications thereto may be issued only by the PCO or by the administrative contracting officer (ACO).

7. Orders shall be issued by the PCO in writing and shall be dated and numbered. Orders will set forth as applicable (1) the supplies, data, or other items being ordered and include attachments, (2) the quantities to be furnished, (3) delivery dates, (4) packing and shipping instructions, and (5) funds obligated. An order is considered “issued” when the government electronically signs and distributes the order into the Electronic Document Access (EDA) System. The issued order will then be electronically delivered to the contractor’s representative via email.

8. These ordering procedures do not guarantee the contractor issuance of any delivery order above the minimum award amount guarantee for this contract.