FA8650-17-S-2002-Call1-Atch4.pdf

FA8650-17-S-2002, Call 001

Attch 4

52.216-19 ORDER LIMITATIONS (OCT 1995) (TAILORED)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $10,000,000;

(2) Any order for a combination of items in excess of $10,000,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section

(c) This is not a requirements contract.

(d) Notwithstanding paragraphs (a) and (b) of this section, the Contractor shall honor any order, unless that order (or orders) is returned to the ordering office within 7 business days after issuance, with written notice stating the Contractor's intent not to accept the terms and conditions of the delivery order and the reasons. Upon receiving this notice, the Government may reopen negotiations.

(e) This is a multiple award Indefinite Delivery/Indefinite Quantity contract.

(1) In accordance with FAR 16.505(b)(1), each awardee shall be provided a fair opportunity to be considered for each order in excess of $3,500 pursuant to the procedures established in this clause unless the contracting officer determines that an exception to the fair opportunity process at FAR 16.505(b)(2) applies.

(2) Unless an exception applies, awardees will be provided a fair opportunity using the following ordering procedures:

A. The Government will issue a Fair Opportunity Proposal Request (FOPR) letter to each awardee. The FOPR will include all information necessary for a proposal, ie. a description of work to be performed, budget, desired completion date and other requirements.

B. Each awardee will submit their technical and/or managerial approach, if necessary, and cost/price proposal in response to the Government's work statement/statement of objectives. The response may be presented to the Government either orally or in writing, as directed in the task order Fair Opportunity Proposal Request. The cost/price proposal shall identify labor categories and number of hours within each category required for the performance of the proposed work;

identify and provide rationale for all non-labor cost elements required for performance; identify any Government property required for performance; and any other requested documentation.

C. Upon receipt of proposals, the Government may conduct interchanges with offeror(s), as necessary. The Government will issue orders based on an assessment of the technical approach and proposed cost/price in accordance with the following evaluation criteria:

a. Technical:

(1) Unique and innovative approach proposed to accomplish the technical objectives.

New and creative solutions and/or advances in knowledge, understanding, technology, and the state of the art.

(2) The offeror’s understanding of the scope of the technical effort.

(3) Soundness of the offeror’s technical approach including the Statement of Work, whether the proposal identifies major technical risks, clearly defines feasible mitigation efforts, and demonstrates related experience and qualifications of technical personnel.

(4) The potential to transition the research and development deliverables to future Government needs. Any proposed restriction on technical data or computer software will be considered.

FA8650-17-S-2002, Call 001

Attch 4

b. Cost/Price: The cost evaluation includes the realism of the proposed cost. Cost/Price is a substantial factor, but ranked as the second order of priority. (If an offeror proposes the use of GFP other than any GFP identified in this BAA, and that proposed GFP provides the offeror an unfair competitive advantage, then FAR 45.202 requires rental equivalent be applied to the Cost Factor for evaluation purposes only).

D. Prior to award of a potentially successful offer, the contracting officer will make a determination regarding price reasonableness.

E. Upon selection of the successful proposal(s), the Government will conduct negotiations as necessary prior to issuance of any order. In the event issues pertaining to proposed work cannot be resolved to the satisfaction of the Contracting Officer, the Contracting Officer reserves the right to withdraw and cancel the proposed work. In such event, Offerors or successful Contractor(s) shall be notified in writing of the Contracting Officer's decision. This decision shall be final and conclusive and shall not be subject to the Disputes clause or the Contract Disputes Act.

(3) The Contractor is not authorized to commence performance prior to issuance of the Order by the Contracting Officer.

(4) Orders may be issued unilaterally, i.e., upon the Contracting Officer's signature alone, at the proposed cost and terms confirmed in writing by the Contractor and Contracting Officer at the end of negotiations. The Contractor's failure to notify the Contracting Officer of its intent to reject the Order within 7 business days after receipt of a unilaterally issued Order shall constitute Contractor acceptance of the terms and conditions of the Order as written.

(5) In Accordance with 10 USC Section 2304c (e)(1) (as amended by the FY17 National Defense Authorization Act (NDAA)), a protest is not authorized in connection with the issuance or proposed issuance of an individual task order less than $25,000,000 except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract under which the order is issued.