Attachment 3 Ordering Procedures.docx

HTC711-12-R-R003

Attachment 3

ORDERING PROCEDURES

CONTRACTOR SELECTION

“FAIR OPPORTUNITY PROCESS”

1. Fair Opportunity to Compete.

1.1. Fair Opportunity to Compete for Task Order (booking) Awards: Under the Multimodal multiple award contracts, fair opportunity for booking awards is provided through a “best value” Spot-bid process detailed below. Only appointed cargo bookers (ordering officers) are authorized to book orders. TCAQ is responsible for evaluating shipment requirements and for making independent best value booking decisions.

1.2. Ordering: IAW FAR 16.505, Ordering, all multiple award contractors shall be provided a fair opportunity to be considered for each order in excess of $3,000 pursuant to the procedures established in this section, unless the contracting officer (or ordering officer / booker) determines that:

a. The agency’s need for the services or supplies is of such urgency that providing such opportunity would result in unacceptable delays.

b. Only one awardee is capable of providing the services or supplies at the level of quality required because the supplies or services ordered are unique or highly specialized.

c. 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.

d. It is necessary to place an order to satisfy a minimum guarantee.

2. Spot-bid Ordering Process for Bookings:

2.1. The Multimodal Contract will be based on the Government’s “best value” analysis.

2.2. The following spot-bid process/analysis will be used in determining task order awards:

a. Only Surface Deployment Distribution Command (SDDC) Ordering Office is authorized to order services under this contract.

b. TCAQ will email the spot-bid requirements to multimodal contractors.

c. TCAQ will provide all contracted carriers an equal opportunity to submit Spot-bid rate via email for the specific cargo booking. All multimodal IDIQ contracted carriers will be given the same information and time to respond.

d. The multimodal contractors have the option to review their existing capacity and respond with a spot- bid rate per pound unless otherwise directed by TCAQ. Offered rates must be firm for 14 days.

e. Spot bids received after the cutoff may be considered; however, those zone pairs that have already been awarded will not be considered.

f. The carrier’s spot-bid proposal rate must be “equal to” or “lower than” their awarded Not-To-Exceed (NTE) rate. All proposals must be an all-inclusive a price per pound rate plus any Government requested accessorials.

g. TCAQ will do a best value analysis as presented in Para 2.4.

h. Once TCAQ accepts offered rates and proposals, offerors are obligated to accept the subsequent booking memorializing the agreement. The accepted booking constitutes the task order under the contract.

2.3. The following process will be used in determining task order awards for oversized cargo (as defined in the PWS):

a. TCAQ will provide all contracted carriers an equal opportunity to submit a One Time Only (OTO) rate via email for the specific cargo booking. All multimodal IDIQ contracted carriers will be given the same information and time to respond.

b. The contractors have the option to review their existing capacity and respond with an OTO rate for the oversized cargo within 24 hours of notification unless otherwise directed by TCAQ. OTO rate must be an all-inclusive price per pound rate plus any Government requested accessorials.

c. TCAQ will do a best value analysis as presented in Para 2.4.

d. Task Order Award is constituted by TCAQ accepting a proposal, which is memorialized in a modification to winning offeror’s contract.

2.4. TCAQ’s best value analysis will consider the following factors and sub-factors:

a. Technical—the ordering officer first evaluates potential contractors on an acceptable (proposal clearly meets the minimum requirements of the spot-bid requirement)/unacceptable (proposal does not clearly meet the minimum requirements of the spot-bid requirement) basis. In order to be considered techanically acceptable, offerors must demonstrate the following sub-factors:

(1) Meet or exceed RDD

(2) Provide all required services

(3) Has required equipment

b. VISA & CRAF Priorities— a review of the technically compliant contractors is conducted to determine which contractors have the highest VISA and/or CRAF priority. To receive CRAF preference, the actual carriage must be operated by a CRAF participant. In locations in Afghanistan where FAA regulations restrict US Flag access to airfields, or technical requirements (cargo size or weight) require aircraft not available by US flagged carriers, contractors will receive the CRAF preference if a CRAF participant subcontracts to a non-CRAF carrier for actual carriage. This contract requires all air carriage be conducted by a CRAF participant unless FAA regulation or technical requirements prevent such carriage. Determination of VISA priority will be based on actual carriage. The following Categories represent VISA Priorities to be evaluated to determine which one represents the best value as described in paragraph “d” below.

(1) U.S. flag vessel capacity operated by a VISA "Participant" that has made a current, minimum commitment of its U.S. flag vessel capacity to Stages I, II and III of VISA or that has made a current, minimum commitment of its Jones Act capacity (capacity exclusively engaged in the domestic trades) to Stage III of VISA and a current, minimum commitment of the remainder of its U.S. flag vessel capacity to Stages I, II and III or, VISA or with regard to an offer for a long-term charter to DoD that has made a current, minimum commitment of its U.S. flag vessel capacity to Stage III of VISA. The U.S. Flag Vessel Sharing Agreement (VSA) capacity of such a participant also is grouped in this category of priority.

(2) U.S. flag vessel capacity operated by a VISA "Participant" that has made a current, minimum commitment of its U.S. Flag vessel capacity to Stage III of VISA and the U.S. flag Vessel Sharing Agreement (VSA) capacity of such a Participant.

(3) U.S. flag vessel capacity operated by a non-Participant.

(4) Combination U.S./foreign flag vessel capacity operated by the kind of "Participant" described in paragraph 1 above and/or the combination U.S./foreign flag VSA capacity of such a Participant.

(5) Combination U.S./foreign flag vessel capacity operated by the kind of "Participant" described in paragraph 2 above and/or the combination U.S./foreign flag VSA capacity of such a Participant.

(6) Combination U.S./foreign flag vessel capacity operated by a non-participant.

(7) U.S. owned or operated foreign flag vessel capacity and/or VSA capacity of the kind of "Participant" described in paragraph 1 above.

(8) U.S. owned or operated foreign flag vessel capacity and/or VSA capacity of the kind of "Participant" described in paragraph 2 above.

(9) U.S. owned or operated foreign flag vessel capacity and/or VSA capacity of a non-Participant.

(10) Foreign-owned or operated foreign flag vessel capacity of a non-participant.

Task Order preference categories will be based on the VISA priorities above with the assumption all offers will include air carriage by a CRAF participant, or a CRAF participant subcontracting to a foreign flag in areas where FAA or contract requirement restrictions (i.e. airfield restrictions and/or cargo size/weight) prohibit CRAF participant carriage.

c. Best Value Determination— The following evaluation process will be accomplished for each individual booking:

d. Contractors meeting the technical requirements above and who are identified as falling within the highest identified VISA/CRAF Priority will then be evaluated based upon the factors below. Evaluation factors are listed in descending order of importance. Subfactors within the Past Performance factor are of equal importance.

e. Evaluation Factors:

(1) Past Performance

(i) Contractors’ Rating from the Performance Objective Assessment at Section 5.4 of the PWS.

(ii) History of meeting RDD for the required route for the previous months Performance.

(iii) Contractors’ measured performance on the Additional Performance Indicators (API’s)is from Section 5.5 of the PWS for the previous months Performance.

(2) Price

(i) Total all-inclusive spot bid rate of all services applicable to the booking. The following formula will be used to determine the price per pound rate on all bookings:

Spot-bid price per pound X estimated weight +Government requested accessorials

f. Carriers who fail to perform proposed carriage using stated CRAF/VISA carriers/subcontractors will be subject to contract remedies/adverse past performance ratings.