Attachment_6.pdf

Special Operations Forces, Personnel Recovery & Rotary Division

Multiple Award Contract for Modifications (MACM) Ordering Guide

March 2019

Version 1.0

Multiple Award Contract for Modifications (MACM) Page 1 of 15 March 2019 Ordering Guide

Table of Contents

PART 1 GENERAL INFORMATION 2

1.1 Scope 2

1.2 Ordering Authority 2

1.3 Resolution of Issues 2

1.4 Issuance 2

1.5 Unauthorized Work 3

1.6 Funding Restrictions 3

1.7 Users 3

1.8 Ordering Periods 3

1.9 Initial Orders 4

PART 2 ROLES AND RESPONSIBILITIES 5

2.1 Contracting Officer 5

2.1.1 Primary Procuring Contracting Officer (PPCO) 5

2.1.2 Ordering Procuring Contracting Officer (OPCO) 5

2.2 Requiring Activity 6

2.2.1 Pool A – Fixed Wing 6

2.2.2 Pool B – Rotary Wing 6

2.3 Source Selection Authority 7

2.4 Contracting Officer’s Representative (COR) 7

PART 3 ORDERING PROCESSES 9

3.1 Traditional Ordering Process 9

3.2 Fair Opportunity Exception (FOE) Ordering Process 9

3.3 Solicitation 11

3.4 Order Proposal Preparation 11

3.5 Award 13

APPENDICES

Appendix A: Order Description Template Appendix B: Order Proposal Cover Sheet

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PART 1 GENERAL INFORMATION

1.1 Scope

The purpose of this document is to provide modification and sustainment support for all Special Operations Forces/Personnel Recovery (SOF/PR) and Rotary Division managed C-130, H-1, and H-60 aircraft, to include integrated weapon systems, subsystems, and associated support equipment. Specific requirements will be determined for each order. These requirements may include, but are not limited to, non-recurring engineering, integration, trial installations, kit proof installations, aircraft technical data packages, technical orders, provisioning, test procedures, development of airworthiness documentation, cybersecurity documentation and installation of aircraft modification kits. The DO may also contain Interim Contractor Support (ICS), Contractor Logistics Support (CLS), Manufacturing, and full-rate kit production. This effort will not include Advisory and Assistance Services (A&AS) support.

Modifications are not inherently services, but may contain services Contract Line Item Number (CLINs) exceeding the Simplified Acquisition Threshold (SAT). In accordance with AFI 63-138, para. 1.2.1.6, “…embedded services are those services with an aggregate CLIN value greater than or equal to the SAT placed on a supply, Federally Funded Research and Development, weapons systems/Major Automated Information Systems (MAIS) contract or any contract that is otherwise exempt but contains services with a separately priced services CLIN.” Therefore, orders anticipating the inclusion of services CLINs in excess of the SAT shall include a Services Summary and Quality Assurance Surveillance Plan (QASP).

Separate pools of awardees are established to track orders/awards between Fixed Wing and Rotary requirements. Each order shall state whether the requirement is within the Fixed Wing Pool (Pool A) or the Rotary Pool (Pool B).

1.2 Ordering Authority

The procedures for selecting Contractors for order awards under this contract are governed by FAR Part 16.505 and supplements. Unless otherwise specified in a Request For Proposal (RFP) the following defines the process by which fair opportunity will be afforded, how orders will be processed and priced, and how an order will be awarded.

1.3 Resolution of Issues

In the event issues pertaining to a proposed RFP cannot be resolved to the satisfaction of the Ordering Procurement Contracting Officer (OPCO), the OPCO reserves the right to withdraw and cancel the proposed RFP. In such event, the Contractor shall be notified in writing of the OPCO's decision. This decision is final and conclusive and shall not be subject to the "Disputes" clause or the "Contract Disputes Act."

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1.4 Issuance

Awarded orders may be issued by e-mail, regular mail or facsimile. It is anticipated that all awarded orders will be issued electronically. If mailed, an order is considered "issued" when the Government deposits the order in the mail.

1.5 Unauthorized Work

The Contractor is not authorized at any time to commence order performance prior to issuance of a signed order or other written approval provided by the OPCO to begin work.

1.6 Funding Restrictions

No unfunded orders are allowed; orders may be incrementally funded in accordance with FAR and other agency funding restrictions. The OPCO for each order is responsible for closing out the contract action that they issue. Notification that a closeout of an order is complete must be provided to the Primary Procuring Contracting Officer (PPCO) once accomplished. The Contractor shall work in partnership with the Government to closeout 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. In accordance with Section 1427(b) of Public Law 108-136 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.

1.7 Users

The Special Operations Forces Personnel Recovery and Rotary Division (SOF PR/RD) reserves the right to restrict use of this contract.

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

1.8 Ordering Periods

The MACM multiple-award IDIQ contracts provides for a maximum of seven (7) years in which orders may be placed. The total period of performance will consist of a three (3) year basic, and two (2) two (2) year options.

Each order will specify its individual period of performance and may extend beyond the end of the final contract ordering period for the specific contract under which the order was awarded.

1.9 Initial Orders

Each awardee will receive an initial order for the contract minimum of $1,500.00 (per awardee) to cover the expense of attendance at the Post Award Conference (PAC). The PAC will be conducted approximately 30 days following contract award and will be held at Robins Air Force Base, GA. The Government will establish one (1) eight-hour day between the hours of 8:30 a.m.

Multiple Award Contract for Modifications (MACM) Page 4 of 15 and 5 p.m. for the PAC. The Government will provide the PAC dates, format, and agenda within approximately two (2) weeks of contract award. The Government will not pay any additional costs incurred above this amount. Travel must be approved by the OPCO in writing five (5) days prior to making travel arrangements.

The PAC will require the attendance of up to two (2) Contractor management staff, and will focus on the contract terms and conditions. At the request of the awardee, the OPCO may approve additional attendees, at no cost to the Government, if space is available.

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PART 2 ROLES AND RESPONSIBILITIES

2.1 Contracting Officers

2.1.1 Primary Procuring Contracting Officer (PPCO)

The PPCO has the overall responsibility for the administration of the MACM contracts. The PPCO is the only authorized individual to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details, and/or schedules within the contracts. The PPCO is responsible for the overall administration and final closeout of the contracts and, when necessary, shall:

• Provide scope oversight;

• Serve as a liaison between MACM contract holders and SOF PR/RD;

• Assist in expediting orders where practical;

• Ensure compliance with contract requirements;

• Issue the CO’s final decision and handle all contract level contractual disputes under the Contract Disputes Act;

• Provide the administrative procedures for placing orders, contract administration, and issuing contract modifications; and,

• Track and report contract level metrics.

2.1.2 Ordering Procuring Contracting Officer (OPCO)

Requirements under the scope of the MACM will be procured via orders issued by OPCOs within SOF PR/RD in accordance with the ordering procedures set forth in this guide, and the terms and conditions of the basic contracts. The OPCO responsibilities include:

• Determine the appropriate domain for the requirement – Pool A (if Fixed Wing), Pool B (if Rotary Wing);

• Determine the appropriate competitive approach (i.e., competitive within the respective Pools or sole source, if Fair Opportunity Exception applies);

• Confirm the certification level of the COR is appropriate for the dollar value and complexity of the action;

• Appointment of the COR for the order;

• Review of the Acquisition Plan (AP) as appropriate;

• Review Order Description (see Appendix A) and/or other technical documents to ensure the order requirements are within the scope of the MACM contract;

• Review Independent Government Cost Estimate (IGCE) and evaluation criteria;

• Develop proposal preparation instructions and issue proposal requests to eligible

MACM contract holders;

• Receive and facilitate the evaluation of the technical and cost/price proposals;

• Oversee the procurement process through award of the order;

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• Issue/award the order;

• Ensure the administration and final closeout of the orders;

• Ensure the completion of Contractor performance evaluations using the CPARS; and,

• Adhere to the terms and conditions of the MACM contracts, FAR and its supplements, and other laws, regulations, and guidelines.

2.2 Requiring Activity

The requiring activity is responsible for preparing the Purchase Request (PR) package. It is the responsibility of the Requiring Activity to obtain the necessary approvals (i.e., funds certification, Acquisition planning, etc.) prior to submitting the PR package to the servicing acquisition branch within the SOF PR/RW Contracting Division. The PR Package may include the following as appropriate:

• Name, title, address, phone number, and e-mail of the Requiring Activity POC;

• Funding document;

• Draft AP as appropriate;

• Complete Order Description (See Appendix A) and/or other technical requirements documents;

• Independent Government Cost Estimate (IGCE);

• Fair Opportunity Exception, if applicable;

• Proposal evaluation criteria;

• Estimated period of performance;

• Proposal Instructions and Evaluation Criteria;

• COR Nomination and Certification;

• Applicable Government Furnished Property (GFP), Government Furnished Equipment

(GFE), Government Furnished Information (GFI) that is required (if any), and supporting memorandum in accordance with FAR 45.102 and DFARS PGI 245.103- 70;

• Required clearances (if any); and,

• Other pertinent statutory/regulatory requirements.

2.2.1 Pool A – Fixed Wing

Fixed Wing Requirements will be generated from a Government Program Manager for all SOF/PR managed Fixed Wing aircraft.

2.2.2 Pool B – Rotary Wing

Rotary Wing Requirements will be generated from a Government Program Manager for all SOF/RW managed Rotary aircraft.

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2.3 Source Selection Authority (SSA)

In accordance with the Delegation of ISR & SOF Acquisition Authorities Memorandum, dated 29 May 2018, the SSA responsibilities and authority for other actions <$200M are delegated to the Senior Material Leader (SML).

2.4 Contracting Officer’s Representative (COR)

In accordance with DFARS PGI 201.602-2(d)(v)(A), a COR may be required at the order level. If appointed, the COR will responsible for the day-to-day monitoring of performance of that order, as well as conducting all delegated order administrative activities as required by the OPCO’s COR Appointment Letter. It is the OPCO’s responsibility to confirm that the designated individual is a certified COR. A copy of the Appointment and Designation Memorandum, identifying specific duties and responsibilities will be provided to the Contractor.

The COR responsibilities may include:

• Represent the OPCO in the administration of technical details within the scope of the order;

• Conduct all delegated order administration activities as required by the OPCO’s COR Appointment Letter;

• Verify that the contractor performs the technical requirements of the contract in accordance with the contract terms and conditions of the work statement;

• Perform or cause to be performed, inspections necessary to verify that the Contractor has corrected all deficiencies;

• Monitor the Contractor’s performance. Notify the Contractor of deficiencies observed during surveillance and direct appropriate action to correct the known deficiency. Records and report to the OPCO all incidents of faulty or nonconforming work, delays, or problems;

• Maintain a monthly report concerning performance of services rendered under the order;

• Maintain liaison and direct communications with the Contractor. All documents pertaining to this contract shall be signed as “Contracting Officer’s Representative”, and a copy shall be furnished to the OPCO;

• Ensure that the Government meets its Contractual obligations to the Contractor. This includes but is not limited to: GFP, GFE, and/or GFI that is required by the contract;

• Ensuring that the QASP and appropriate metrics are provided with each order request for performance-based work statements;

• Ensure final inspection and acceptance of all deliverables and reports and other responsibilities that may be specified in the contractor or order;

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• Complete the prime Contractor performance evaluations using the CPARS or another approved agency-specific Contractor performance rating system with respect to the order; and,

• Maintain a COR file for the order in accordance with the specific responsibilities and duties defined in the COR Appointment Letter.

The COR assigned to each order is not authorized to make any representations or commitments of any kind on behalf of the OPCO or the Government, unless otherwise specified in the appointment letter. The COR does not have the authority to alter the Contractor’s obligations or to change the specifications, pricing, terms or conditions of the contract. If, as a result of technical discussions(s), it is desirable to modify requirements or the specification, changes will be issued in writing and signed by the OPCO.

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PART 3 ORDERING PROCESSES

3.1 Traditional Ordering Process

When utilizing the traditional ordering process all prime contract holders, within the designated Pool for Fixed Wing or Rotary Wing requirements, will be provided the opportunity to submit full technical and cost proposals. Therefore, if the order request is complex and requires extensive technical and cost/price proposals from each contract holder, the Government would need to allocate the proper resources and schedule to evaluate each of these proposals.

The following steps are to be followed for the traditional ordering process:

1. An Order Description/SOW/PWS is sent with a “Request for Traditional Technical and Cost/Price Proposal” to all contract holders within the designated Pool. The request should typically place a limit of no more than 15 pages on the technical proposal, subject to adjustment at the discretion of the OPCO based on the size, scope, and complexity of the order’s requirement. The request may also include an oral presentation requirement if it is determined to be beneficial to the evaluation. A complete cost/price proposal must be submitted, normally with no page restrictions. The amount of time allowed for the traditional response is typically fifteen (15) calendar days, which may be adjusted based on the scope/complexity of the requirement and the needs of the customer.

2. Technical and cost/price evaluations are conducted by the Government evaluation teams.

3. Exchanges take place (if needed).

4. If exchanges take place and revised proposals are submitted, evaluations are conducted by the Government evaluation team(s) as needed.

5. An order is awarded to the successful offeror.

3.2 Fair Opportunity Exception (FOE) Ordering Process

One or more orders may be issued during the contract period of performance. In accordance with the Federal Acquisition Streamlining Act (FASA), FAR 16.505(b)(2)(ii) and DFARS 216.505- 70(b), the OPCO will provide all awardees a "fair opportunity" to be considered for each order in excess of $3,000 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.

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

INITIAL PHASE: A requirement is identified and appropriate acquisition planning is conducted.

MACM Ordering Process in Accordance with FAR Part 16.505

STEP 1

The requiring activity and OPCO jointly prepare the RFP package.

Acquisition Review Board Approves Utilization of

MACM Contract Vehicle

OPCO, RW/FW Br, PM

Fair Opportunity Exception

No Exception

STEP 2

The OPCO prepares a Proposal Request on a Sole-Source Basis

STEP 2

The OPCO prepares a RFP for all contract holders within the appropriate Pool for Fixed- Wing or Rotary Requirements

STEP 3

The OPCO issues the Proposal Request to the appropriate MACM Contract holder(s) via email.

STEP 4

Proposal(s) are received by the OPCO and evaluated.

Applicable Review/Approval conducted as required.

STEP 5

The OPCO issues the order to the Contract Holder submitting the Proposal selected for award.

STEP 6

The OPCO issues notification, via e-mail, to those Contract Holders that did not receive award to inform them of non-selection. If requested by the unsuccessful offeror(s), the OPCO will discuss the reasons for their non-selection with them. The CO will follow the procedures at FAR 16.505(b)(6) for orders exceeding $5.5 million.

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3.3 Solicitation

For each order within the respective Pools, RFPs shall be provided to each of the prime Contractors via direct electronic communication, typically email. The RFPs are expected to provide at least 15 calendar day proposal submission periods. Notice of intent to issue and actual issuance notice of RFPs shall be provided via FedBizOpps. All holders of the SOF/PR and Rotary Division MACM IDIQ contracts are encouraged to compete for orders within their respective pools. There are no restrictions on source selection evaluation criteria, factors, or tradeoffs. If a MACM awardee is awarded a separate SOF Engineering Services contract, the MACM awardee is prohibited from competing on MACM orders which are for the same platform as the SOF Engineering Services contract.

Each prime Contractor shall evaluate the opportunity and determine whether or not to submit a proposal. Any questions pertaining to the RFP package shall be submitted to the OPCO in writing within three (3) business days of RFP issuance date. In the event issues pertaining to a RFP package cannot be resolved to the satisfaction of the OPCO, the OPCO reserves the right to withdraw or cancel the proposed RFP package. In such event, Contractors will be notified, via letter or email, of the OPCO's decision, and the decision shall be final and conclusive and shall not be subject to the "Disputes" clause or the "Contract Disputes Act".

The RFP (unless the OPCO determines that an exception to fair opportunity procedures applies) will include, at a minimum, the following information:

1. Tracking number (assigned by PPCO)

2. Date of announcement

3. Systems Requirements Document (SRD)

4. Statement of Work (SOW) or Performance-Based Work Statement (PWS)

5. Contract Date Request List (CDRL) package

6. Anticipated contract type(s)

7. E-mail address/mailing address or fax number of Government contracting office

8. Proposal due date

9. Evaluation criteria and factors for award

3.4 Order Proposal Preparation

The OPCO will issue a RFP to all prime Contractors following FAR Part 16.505, unless a fair opportunity exception exists. The RFP will include a due date for proposal submission and order description that will include a detailed description of work to be accomplished, a listing of the deliverables required and any additional data, as appropriate. The RFP will also include specific instructions for the submission of proposals. The CLIN structure on each order will reflect the pricing arrangement for each line item, and must strictly adhere to the CLIN structure outlined in the IDIQ contract.

The amount of time for proposal submission will be based on the complexity and urgency of the requirement and will be stated in individual RFPs. Unless otherwise specified in the order solicitation, the proposal submission time will be 15 calendar days. Unless otherwise noted, the Requirements Technical Proposal Sheet (See Appendix B) shall be utilized in response to each

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RFP. An offeror may only submit a proposal for the respective Pool for which they received an award.

If no proposals are received, the Government may revalidate the RFP requirement. The validation process may include exchanges with some or all of the Contractors to determine the concerns about the RFP requirement. Should the requirement be valid, the ordering OPCO may re-issue the RFP package.

A. Technical Proposals. Technical proposal information will be streamlined. Unless otherwise noted in the order solicitation, the maximum page limits for each order will be up to fifteen (15) pages technical proposal in the RFP not including graphics. Proposals shall not merely restate SOW requirements. Written technical proposals shall normally address:

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

2. Integrated Master Plan (if applicable)

3. Integrated Master Schedule (if applicable)

4. Key personnel assigned (if applicable)

5. Cost/Price data and justifications in the format specified in the RFP

6. Period of Performance

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

8. Security (including clearance level)

9. Teaming Arrangement (including subcontracting)

10. Other Pertinent Data, such as assumptions made

B. 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 requirement, (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 order proposals, however, these instructions may be tailored in individual RFPs, 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 Basis of Estimates (BOEs); and provides all information as specified in the RFP. Cost-reimbursement proposals shall be submitted in accordance with FAR 52.215-21 - Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data.

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

D. Other Relevant Information. This information shall always be in writing and shall address other relevant information as required by the contract or requested in the RFP. For example, the proposal shall identify any situation in which the potential for a conflict of interest exists. If travel is specified in the order’s SOW or PWS, 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.

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E. Clarification of Proposals. Evaluations will be in accordance with the selection criteria set forth in the proposal request. Upon completion of evaluations, the OPCO will issue an order to the Contractor whose proposal provides the best value to the Government.

F. Proposal Preparation. The Contractor shall assume all costs associated with preparation of proposals for order awards under the proposal process as an indirect charge (bid and proposal costs). The Government will not reimburse awardees for proposals as a direct charge.

3.5 Award

The OPCO awards the order to the successful offeror (Contract Holder). A copy of the award and any subsequent modifications shall be forwarded to the PPCO.

After the order is awarded, the OPCO shall issue notification, via email, to those offerors who did not receive the award to inform them of their non-selection. If requested, by the unsuccessful offeror(s), the OPCO will discuss with them the reasons for their non-selection. The OPCO may only discuss the reasons for non-selection. The OPCO may not discuss other Contract Holders’ proposals, compare Contract Holders’ proposals, or allow a non-selected Contract Holder access to the award decision documentation.

In accordance with FAR 16.505(b)(6), for orders exceeding $5.5 million, the OPCO shall follow the procedures set forth in FAR 15.503(b)(1) when providing post award notification and at FAR

15.506 when providing post award debriefing to unsuccessful offerors.

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Appendix A: Order Description Template

Below is a standard template for users to generate when developing their requirement, which will be included as part of the Proposal Request submitted to the MACM Contract Holders.

Delete any red text prior to submittal.

Order Description for the

Multiple Award Contract for Modifications (MACM)

1. Background

Brief description of the Programmatic Background.

2. Scope

This portion should outline the applicable portions of the SOW by paragraph and title on the basic contract

3. Description of Requirement Tasks

The details of this portion should tie back to paragraph 2 of the scope of this document. Briefly describe the intent of the requirement and expectations of the Contractor.

4. Travel

Is Contractor travel necessary for the performance of this order?

5. Deliverables

List any Contract Data Requirements Lists (CDRLs) and any other deliverables required by the order.

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Appendix B: Requirements Technical Proposal Sheet

Below is the standard information that shall be identified in the Requirements Technical Proposal Sheet for potential offerors when submitting their proposal to an order under the MACM Contract. This is to be used a template. Please delete any red text prior to submittal.

Requirements Technical Proposal Sheet

Multiple Award Contract for Modifications (MACM)

1. Contractor’s Name

Please identify the name of the business proposing for this effort.

2. Address

Please identify the physical address of the business.

3. Cage Code

Please identify the Cage Code of the business proposing for this effort.

4. Proposal Number

Please identify the internal proposal number assigned to this effort.

5. Ordering Procurement Contracting Officer (OPCO)

Please identify the OPCO and other POCs who issued the solicitation through the

MACM IDIQ contract vehicle.

6. Solicitation Number

Please identify the solicitation number issued with this requirement from the

Government.

7. Program Name

Please identify the program name this proposal is supporting.

8. Pool Name

Please identify which pool (Pool A or Pool B) this effort falls under.

9. Total Dollar Amount of Proposal

Please identify the total proposed dollar amount.