FairOpportunityOrderingProcedures.pdf

Source Selection Information – See FAR 2.101 and 3.104 – FOR OFFICIAL USE ONLY

FAIR OPPORTUNITY ORDERING PROCEDURES

AWARDING ORDERS UNDER MULTIPLE AWARD CONTRACTS

A) One or more delivery orders (DOs) may be issued during the ordering periods of this contract. In accordance with the Federal Acquisition Streamlining Act (FASA), FAR 16.505(b)(2)(ii) and DFARS 216.505-70(b), the CO will provide all awardees a “fair opportunity” to be considered for each order in excess of $3,500 unless one of the conditions below applies:

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.

The award of future delivery orders (beginning with the second delivery order) will follow the ordering procedures listed below:

B) The Government will award split percentage DOs based on the proposed total evaluated prices (TEPs) submitted in response to the Fair Opportunity Proposal Request (FOPR). 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. The government reserves the right to not award to an offeror who is six (6) months (or more) behind on scheduled production for the MJU-53/B flares.

C) The basis for the split award amounts on future delivery orders will be based on the difference in TEP as described in the following:

1. In the event two offers are submitted in response to a FOPR, 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

<6% 55% 45% ≤6%__<15% 60% 40% ≤15%__<20% 65% 35%

Source Selection Information – See FAR 2.101 and 3.104 – FOR OFFICIAL USE ONLY

≤20%__<30% 70% 30% ≤30%__<35% 75% 25% ≤35%__≤40% 85% 15%

>40% 100% 0%

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 2) 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: (highest-price minus second-lowest price divided by the second-lowest price multiplied by 100). Percent difference in TEP will be rounded to the nearest whole number.

2. In the event only one offer is submitted in response to a FOPR, the procuring contracting officer (PCO) will, at his or her discretion, extend the response time on the FOPR, issue a new FOPR, or conduct negotiations in accordance with FAR 15 with the sole offeror and require certified cost or pricing data on any proposal exceeding the threshold stated in FAR 15.403-4(a)(1).

D) 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).

E) 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.

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