FairOpportunityOrderingProcedures16July2020.pdf

16 July 2020

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 third delivery order) will follow the ordering procedures listed below:

B) Each multiple award contractor will be provided a pricing table with the request for order proposal. The pricing table will require each contractor to propose unit pricing on given quantity ranges.

C) 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.

D) The TEP includes the pricing proposed in the supplied “TEP Worksheet” for CLIN 0007, and the quantity ranges detailed in CLINs 1000, 2000, 3000, and 4000. For CLINs 0007, 1000, 2000, 3000, and 4000, the Government will utilize pre-determined notional quantities for the listed quantity bands for all ordering periods. Notional quantities may or may not be applied to all of the quantity bands for the TEP calculation. The notional quantities will not be disclosed to the Offerors. The TEP calculation will be computed as follows: 1) the Government will multiply the quantity listed for CLIN 0007 by the unit price proposed for CLIN 0007; 2) the Government will then multiply the pre-determined notional quantities by the offeror’s proposed quantity band unit price; 3) the Government will then sum the extended prices of each CLIN, this summation constitutes the TEP.

E) The Government will then base the split award amounts on future delivery orders 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% ≥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 #2 receiving 65% of the total budgeted dollars and offeror #1 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: $350,000 Offeror #2: $650,000

*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. When calculating the total quantity of flares based off of the order amount the government will round to the nearest whole flare and/or pallet.

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).

F) 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).

G) 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.

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