Final_Ordering_Procedures.pdf
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- Attached to
- TF33 1st Stage Compressor Blade Repair Federal contract opportunity
- Solicitation number
- FA812125R0036
About this file
This document is an Ordering Procedures guide for a Multiple Award Indefinite Delivery, Indefinite Quantity (MAC IDIQ) contract for the Repair of TF33 1st Stage Compressor Blades. Supplies are procured through firm-fixed price (FFP) task orders issued in accordance with FAR 16.505. Each awardee receives an initial task order for the contract minimum quantity. A Procuring Contracting Officer (PCO) designates a task order Ombudsman per DAFFARS 5252.201-9101. Task orders are issued on an FFP basis unless a Fair Opportunity Exception applies under FAR 16.505(b)(2).
For subsequent task orders, the PCO issues a Fair Opportunity Proposal Request (FOPR) to all IDIQ awardees via direct electronic communication, typically email. The FOPR package includes the proposal due date, description of required supplies and quantities (CLINs solicited), delivery information, statement on whether single or multiple orders are contemplated, and a requirement for contractors not bidding to provide rationale. Each FOPR specifies the proposal submission timeline and whether the order constitutes a small business set-aside or full and open competition. All proposals must be complete to be eligible for award. Price reasonableness is evaluated through price competition or price analysis techniques per FAR 15.404-1(b)(2), and proposals may be rejected if determined unbalanced. Only proven contractors who have met Initial Product Evaluation (IPE) requirements and maintained timely deliveries are considered for subsequent orders; unproven contractors may receive IPE orders but cannot receive subsequent awards until IPE approval. Task order awards are made to the offeror providing the best value based on evaluation criteria established in each FOPR, which may include price and quality of service factors such as past performance and on-time delivery. Award notices are provided via direct electronic communication. Post-award notices to unsuccessful awardees are only required for orders exceeding $6 million, and debriefings are only provided upon request per FAR 16.505(b)(6). Protests of individual task orders are limited per FAR 16.505(a)(10) and may only be filed with the Government Accountability Office for orders exceeding $25 million or on grounds that the order increases contract scope, period, or maximum value. The Government reserves unilateral rights to on-ramp additional contractors at any time to enhance competition and to off-ramp nonperforming contractors through debarment, suspension, or termination. Contractor remedies for Government breach are limited to termination for convenience damages, task order proposal preparation costs, task order award, or reinstatement at the Government's sole discretion.
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Text version
ORDERING PROCEDURES
Repair of TF33 1st Stage Compressor Blades Multiple Award IDIQ Contract
1. GENERAL INFORMATION
1.1. Supplies will be procured with the award of task orders issued against the Indefinite Delivery, Indefinite Quantity Multiple Award contract (MAC IDIQ) in accordance with (IAW) FAR 16.505 and its supplements. Should there be a conflict between FAR 16.505 (and its supplements) and this document, FAR 16.505 (and its supplements) shall take precedent.
1.2. The Contract Line-Item Number (CLIN) structure on each order will reflect the Firm
Fixed Price (FFP) for each line item and must strictly follow the CLIN structure outlined in the IDIQ contract.
1.2.1. Each awardee will receive an initial task order for the contract minimum quantity in accordance with FAR 52.216-19 Order Limitations Clause in the Basic Contract.
1.3. Ombudsman: Contract clause DAFFARS 5252.201-9101 designates a task order
Ombudsman for the MAC IDIQ.
2. TASK ORDER PROCEDURES (SUBSEQUENT TASK ORDERS)
2.1. Task orders shall be issued on a firm-fixed price (FFP) basis.
2.2. 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 via direct electronic communication, typically email. All IDIQ Awardees are encouraged to compete for orders. Each IDIQ Awardee shall evaluate the opportunity and determine whether to submit a proposal.
2.3. FOPR: Unless otherwise specified in a FOPR, the following defines the fair opportunity process, how task orders will be processed and priced, and how a task order will be awarded.
2.3.1. The PCO will initiate the FOPR process by sending a written FOPR and attachments (hereafter referred to as FOPR package) to the IDIQ Awardees. The FOPR letter will include, at a minimum, the following information:
2.3.1.1. Proposal Due Date
2.3.1.2. Description of required supply and quantities required (CLINs solicited)
2.3.1.3. Delivery Information
2.3.1.4. Statement informing Contractors whether a single or multiple orders are contemplated
2.3.1.5. Statement requiring rationale for no proposal if contractor does not intend to bid on the FOPR
2.3.1.6. Statement informing Contractors whether order will be a small business set aside or full and open competition
2.4. Proposal Submission Process
2.4.1. The amount of time for proposal submission will be stated in individual FOPRs.
2.4.2. All IDIQ Awardees are highly encouraged to submit a proposal for every FOPR under this contract.
2.4.3. If no proposals are received, the Government may revalidate the FOPR requirement. The validation process may include exchanges with some or all of the Contractors to determine the concerns about the FOPR requirement. Should the requirement be valid, the PCO may re-issue the FOPR package and require a proposal from all contractors.
2.5. Proposal Evaluation Process
2.5.1. Only proven contractors will be considered for subsequent orders under this MAC
IDIQ. Proven contractors are those who have adequately met Initial Product Evaluation (IPE) (if required) requirements and have maintained timely deliveries.
2.5.1.1. The above (noted in section 2.5.1.) is not applicable for orders intended to fulfil the minimum order for IPE quantities.
2.5.2. 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 Contracting Officer. The Government may conduct interchanges with one, some, none or all Offerors at its discretion, if determined to be part of the fair opportunity process.
2.5.3. Each Task Order will be awarded to the offeror whose proposal is deemed the best value to the Government based upon an integrated assessment using the evaluation criteria established in the FOPR. The FOPR will establish the selection factors and the order of importance for each Task Order. All Task Order award decisions shall evaluate price. Award decisions may also be evaluated on quality of service. Quality of service evaluations will consider one or more non-cost evaluation factors such as past performance and/or on-time delivery. An unproven contractor may receive task order award for IPE, however, will not be awarded a subsequent task order until their IPE has been approved. Price proposals will be evaluated as follows:
2.5.3.1. Completeness: Proposals will be reviewed for completeness. Incomplete proposals will be considered ineligible for award.
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. 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).
1.1.1.1. Balance: Proposals will be reviewed for unbalanced pricing. The Government will evaluate any supporting information provided by the Offeror explaining variances that appear unbalanced. Proposals that are determined to be unbalanced may be deemed ineligible for award by the Contracting Officer if a determination is made that lack of balance poses an unacceptable risk to the Government. Unbalanced pricing exists when, despite an acceptable total price, the price of one or more-line items (including sub line items) is significantly over or understated as demonstrated by application of price analysis techniques, such that:
1.1.1.1.1. There is reasonable doubt the offer would result in the lowest overall cost to the Government, even though it is the lowest priced Offeror; or
1.1.1.1.2. The offer is so grossly unbalanced; its acceptance would be tantamount to allowing an advanced payment.
2. SUCCESSFUL AWARDEE: Once the ordering CO determines affirmative responsibility of the offeror(s) with the best value proposal, notice will be provided via direct electronic communication, typically email.
3. POST AWARD NOTICE & DEBRIEFINGS: IAW FAR 16.505(b)(6), post-award notices to unsuccessful awardees are only required for orders exceeding $6M and debriefings only required upon request.
4. OTHER RELEVANT INFORMATION
4.1. 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 more than $25 million. Protests may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.
4.2. PROPOSAL PREPARATION: The contractor shall assume all costs associated with preparation of proposals for TO awards under the FOPR process. The Government will not reimburse awardees for proposals as a direct or indirect charge.
4.3. FOPR CANCELLATION: In the event issues pertaining to an issued FOPR cannot be resolved, the PCO 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."
4.4. ON-RAMPING
4.4.1. The Government reserves the unilateral right to reopen competition or “on-ramp” additional contractors 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 to enhance the competitive environment of FOPRs under the originally awarded IDIQ contracts. This may be due to any reason.
4.4.2. When an on-ramp is used, the Government will advertise the reopening of the competition on SAM.gov, and new awardees 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. Any new awardees will compete with any existing or remaining Contractors for all task orders.
4.4.3. 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 will be notified of any clause additions or updates which will be incorporated via a bilateral modification.
4.4.4. 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).
4.4.5. The Government will not consider unsolicited requests.
4.5. OFF-RAMPING
4.5.1. The Contracting Officer reserves the unilateral right to Off-Ramp non-performing Contractors. Contractors that are Off-Ramped will have no active task orders 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. The Off-Ramp methods include, but are not limited to:
4.5.1.1. Debarment, suspension, or ineligibility as defined in FAR Subpart 9.4501- 1, 9.405-2.
4.5.1.2. Termination as defined in FAR Part 49.402, 49.403.
4.5.2. Remedies for Breach by the Government: 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.
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