Attachment_5_Ordering_Procedures_KC-46_22Jan26.pdf

This document is a draft document and does not bind the Government. Contents are subject to change at any time prior to release of a formal solicitation.

KC-46 Commercial Aircraft Strategic Parts Exchange and Repair

Multiple Award Contract

(CASPER MAC)

Ordering Procedures

Air Force Sustainment Command Materiel Support Contracting Division

(AFSC/PZA)

This document is a draft document and does not bind the Government. Contents are subject to change at

1. GENERAL INFORMATION

1.1. This Ordering Procedures guide sets forth the procedures for issuing orders against the KC-46 Commercial Aircraft Strategic Parts Exchange and Repair (CASPER) Multiple Award Contract (MAC) Indefinite Delivery-Indefinite Quantity (IDIQ) to support agency mission requirements for exchange or repair of commercial and non-commercial aircraft parts.

1.2. Services will be procured through the award of delivery orders and/or task orders (hereafter referred to as “orders”) issued against the Indefinite Delivery, Indefinite Quantity Multiple Award contract (MAC IDIQ) in accordance with (IAW) FAR 16.505, DFARS 216.505, and DAFFARS 5316.505. Should there be a conflict between FAR

16.505 (and its supplements) and this document, FAR 16.505 (and its supplements) shall take precedence.

1.3. The process for an order award includes issuing a Fair Opportunity Proposal Request

(FOPR) (unless an exception to fair opportunity applies), Q&A (if needed), proposal submission, proposal evaluation, interchanges (if needed) and award. The Government reserves the right to compete FOPRs in a reverse auction environment via Unison Marketplace and also outside of the reverse auction environment.

1.4. The Contract Line Item Number (CLIN) structure on each order will reflect a Firm Fixed Price (FFP) for each line item and must strictly follow the CLIN structure outlined in the IDIQ contract. There are two types of task orders that will be awarded under this MAC

IDIQ:

1.4.1. Initial Task Order (TO) - Post Award Conference: Each awardee will receive an initial task order for the contract minimum quantity of 1 unit from CLIN 1010 upon completion of the Post Award Conference for the awardees who have provided their FAA Part 145 Repair Facility certification. Each awardee will be subject to attend a post award conference to occur 15 days after all awardees have received their fully executed basic contract award. This initial order will fulfill the minimum order requirement for each awardee.

1.4.2. Subsequent Task Orders. After initial orders are awarded, the Government may order additional services, up to the stated contract maximum value, throughout the term of this contract IAW with the procedures at FAR 16.505 and in this ordering procedures document.

1.5. Ombudsman: Contract clause DAFFARS 5352.201-9101 designates a basic contract and order Ombudsman for the MAC IDIQ.

2. TASK ORDER PROCEDURES (SUBSEQUENT TASK ORDERS)

2.1. The designated Contracting Offices have authorization to place orders against this contract and are authorized to administer the orders following award. The designated CO placing an order for subsequent orders has broad discretion in setting the terms of

This document is a draft document and does not bind the Government. Contents are subject to change at competition for the orders.

2.2. Orders shall be issued on a firm-fixed price (FFP) basis and must include shipping costs.

Shipping costs will not be a separate line item on the proposal.

2.3. Unless a Fair Opportunity Exception exists IAW with FAR 16.505(b)(2), the

Contracting Officer will issue a Fair Opportunity Proposal Request (FOPR) to all IDIQ Awardees who have provided their FAA Part 145 Repair Facility certification proof for the part(s) listed in the FOPR via direct electronic communication, typically email. All IDIQ Awardees whose repair facilities are FAA certified for each specific part(s) are encouraged to compete for orders. Each IDIQ Awardee who is FAA certified for the specific part(s) on the order shall evaluate the opportunity and determine whether to submit a proposal.

2.4. FOPR: Unless otherwise specified in a FOPR, the following defines the fair opportunity process, how orders will be processed and priced, and how orders will be awarded.

2.4.1. The ordering CO will initiate the FOPR process by sending a written FOPR and attachments (hereafter referred to as FOPR package) to the part specific FAA certified IDIQ Awardees. The FOPR letter will include, at a minimum, the following information:

2.4.1.1. Questions Due Date

2.4.1.2. Proposal Due Date

2.4.1.3. Description of required exchange and/or repair and quantities required

(CLINs/ELINs solicited)

2.4.1.4. FAA Part 145 Facility certification proof for the part(s) on the FOPR

2.4.1.5. Delivery Information

2.4.1.6. Statement informing Contractors whether a single or multiple orders are contemplated

2.4.1.7. Statement requiring rationale for no proposal if contractor does not intend to bid on the FOPR

2.5. Proposal Submission Process

2.5.1. The amount of time for proposal submission will be 30 calendar days. However, the CO reserves the right to alter/shorten the response time for certain orders based on the complexity and urgency of the requirement, and each response time will be clearly stated in the individual FOPRs. If unable to perform a requirement, contractors shall submit a "no proposal" reply with rationale in response to the FOPR. All "no proposal" responses shall include a brief statement as to why the contractor is unable to perform. Unless specified in the FOPR, pricing on task order proposals shall be valid for 90 calendar days after the required submission date.

2.5.2. Any questions pertaining to the FOPR package shall be submitted to the ordering CO in writing within the period specified in each individual FOPR.

This document is a draft document and does not bind the Government. Contents are subject to change at

All FAA Part 145 Repair Facility certified IDIQ Awardees who are certified to repair the parts listed on the FOPR are highly encouraged to submit a proposal for every FOPR they are qualified for under this contract.

2.5.3. If only one proposal is received, procedures at DFARS 215.371 Only one offer, will apply. If only one or no proposals are received, the Government may revalidate the FOPR requirement. The validation process may include exchanges with some or all of the certified Contractors who received the FOPR to determine the concerns about the FOPR requirement. Should the requirement be valid, the ordering CO may re-issue the FOPR package.

2.6. Proposal Evaluation Process

2.6.1. Only qualified contractors will be considered for subsequent orders under this

MAC IDIQ for the specific parts repaired in the facility for which they have provided their respective FAA Part 145 Repair Facility certification. Qualified contractors are those who have adequately met all requirements during the initial order, Initial Product Evaluation (IPE) (if required), have maintained timely deliveries, and have maintained FAA Part 145 Repair Facility certification for the specific part(s) on the FOPR.

2.6.2. The Government reserves the right to award orders without interchanges.

However, the Government also reserves the right to conduct interchanges if determined necessary by the CO. The Government may conduct interchanges with none, one, some, or all qualified Offerors at its discretion, if determined to be part of the fair opportunity process.

2.6.3. Each FOPR response will be reviewed with Technical, Price, Delivery, and Past Performance as the only evaluation factors due to the requirement for each Contractor to maintain FAA Part 145 Repair Facility certification on for the part(s) for which they desire to offer services. An unqualified contractor will not be included in subsequent FOPR orders until their FAA Part 145 Repair Facility certification has been provided.

2.6.4. Each FOPR proposal evaluation may utilize Technical, Price, Delivery, and

Past Performance as the only evaluation factors and order of importance. Award will be made to the offeror(s) with the lowest total evaluated price (TEP) and whose proposal conforms to the solicitation requirements (to include all stated terms, conditions, representations, and certifications). Price and Delivery proposals will be evaluated as follows:

2.6.4.1. Completeness: Proposals will be reviewed for completeness. Incomplete proposals will be considered ineligible for award.

2.6.4.2. Price Reasonableness: The proposed prices will be evaluated for reasonableness. Reasonableness must represent a price to the Government a prudent person would pay in the conduct of competitive business.

This document is a draft document and does not bind the Government. Contents are subject to change at

Normally, price reasonableness is established through adequate price competition but may also be determined through price analysis techniques as described in FAR 15.404-1(b)(2).

2.6.4.3. Total Evaluated Price (TEP): The TEP will be calculated as the sum of the total proposed prices for all separately priced line items (including sub line items). Proposed unit FFP for BER/BPR & NFF will be inclusive of

TT&E.

2.6.4.4. Delivery: The contractor’s proposed delivery schedule may be evaluated when specified as an evaluation factor in the FOPR for that specific order.

2.6.4.5. Past Performance: The Government reserves the right to deem a Contractor ineligible for the award of an order or future delivery orders if that contractor has not met the schedule requirements of past delivery orders or CDRL requirements (such as: CAVAF reporting, production reports, etc.) awarded under this contract.

3. SUCCESSFUL AWARDEE(s): Once the ordering CO determines affirmative responsibility of the apparent successful offeror(s), notice(s) will be provided via direct electronic communication, typically email.

4. POST AWARD NOTICE & DEBRIEFINGS: IAW FAR 16.505(b)(6), post-award notices to unsuccessful awardees are only required for orders exceeding $7.5M and debriefings are only required upon request.

5. OTHER RELEVANT INFORMATION

5.1. PROTESTS: IAW FAR 16.505(a)(10) a protest is not authorized in connection with the issuance or proposed issuance of an individual order except a protest on the grounds that the order increases the scope, period, or maximum value of the contract under which the order is issued; or a protest of an order valued in excess of $25 million. Protests may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

5.2. PROPOSAL PREPARATION: The contractors shall assume all costs associated with preparation of proposals for task order awards under the FOPR proposal process. The Government will not reimburse awardees for proposals as a direct or indirect charge.

5.3. FOPR CANCELLATION: In the event issues pertaining to an issued FOPR cannot be resolved, the CO reserves the right to withdraw and cancel the proposed FOPR. In such event, all MAC contractors 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."

5.4. ON-RAMPING

This document is a draft document and does not bind the Government. Contents are subject to change at

5.4.1. The Government reserves the unilateral right to reopen competition or “on-ramp” additional contractors into the competition pool at any time during the term of the contract. The Government may choose to on-ramp any number of new awardees when the Contracting Officer determines it is in the Government’s best interest to do so in order to enhance the competitive environment of FOPRs under the originally awarded IDIQ contracts. This may be due to any reason, including the lack of robust competition for FOPRs or a shrinking of the competitive pool of original qualified IDIQ awardees under this solicitation based on part specific FAA certification.

5.4.2. On-ramp will be used throughout the life of the contract. The Government will post intermittent notifications on SAM.gov to remind contractors of the opportunity, and new offerors shall meet the criteria established in the initial solicitation; this includes all evaluation criteria. The evaluation and selection of awardees for any on-ramp will be exactly the same as the evaluation and award criteria used for the initial basic contract awards. The anticipated number of awards for any small business and Full Open pools of competition will be announced in the reopening announcement posted to SAM.gov. Any new awardees will compete with any existing or remaining Contractors for all task orders in the appropriate competition pool based on part specific FAA certification.

5.4.3. The reopened solicitation may contain additional or updated clauses that were revised since the initial solicitation. In the event an “on ramp” is used, Contractors with existing basic contracts within the applicable competition pool will be notified of any clause additions or updates which will be incorporated via the execution of a bilateral modification.

5.4.4. Any additions due to on-ramps will not impact the contract maximum and the ordering period for new awardees will not exceed the overall maximum term of the original ID/IQ contract, including options (i.e., will not extend past the dates established at initial award).

5.4.5. The Government will not consider unsolicited requests for addition to the FAA certification competition pools.

5.5. OFF-RAMPING

5.5.1. The CO reserves the unilateral right to Off-Ramp Contractors who fail to maintain the required part specific FAA certification. Contractors that are Off-Ramped will have no active task orders in the competition pool at the time of the Off-Ramping.

The Off-Ramp process under an IDIQ contract encompasses several methods by which the Government may exercise its right to remove a contractor from the pool of qualified IDIQ contract awardees. The Off-Ramp methods include, but are not limited to:

5.5.1.1. Debarment, suspension, or ineligibility as defined in FAR Subpart 9.405- 1, 9.405-2.

5.5.1.2. Termination as defined in FAR Part 49.402, 49.403.

This document is a draft document and does not bind the Government. Contents are subject to change at

5.5.1.3. Failure to maintain part specific FAA certification.

Remedies for Breach by the Government: The contractor's sole and exclusive remedy for breach by the Government shall be termination for convenience damages, task order proposal preparation costs, task order award, and/or reinstatement if deemed feasible by the Government in its sole discretion. In no event shall the Government be liable to the Contractor for expectancy damages, including but not limited to lost profits or consequential damages resulting from breach of this contract.