Attachment 3 Ordering Procedures.pdf

HTC711-12-R-R003

Attachment 3

Ordering Procedures

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. The Government 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:

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

bB. 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.

cC. 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.

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

2. Spot-bid Ordering Process for Bookings:

2.1. The Multimodal Contracttask order awards 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. The spot-bid requirements will be e-mailed to multimodal contractors.

C. All multimodal contractorscontracted carriers will be provided an equal opportunity to submit spot-bid ratesprices via email for the specific cargo booking within the timeframe specified in the spot-bid. (The Government intends for contractors to respond to spot bids within 48-72 hours.). All multimodal IDIQ contractedors carriers will be given the

C. same information and time to respond.

D. The multimodal contractors have the option to review their existing capacity and respond with a spot-bid rateprice per pound within the specified response time, unless otherwise directed by TCAQ.

Offered

D. ratesprices must be firm for 14 calendar days.

E. Spot bids received after the cutoff may be considered; however, spot bids received late for those requirements

E. that have already been awarded will not be considered.

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Ordering Procedures

F. The carriercontractor’s spot-bid proposal rateprice per pound and any applicable accessorials must be

“equal to” or “lower than” their awarded Not-To-Exceed (NTE) rates. Prices submitted which are higher than an offeror’s

NTE rates will not be accepted. All proposals must be an all-inclusive price per pound rate plus any

F. Government requested accessorials.

G. The Government will do a best value analysis as presented in Para 2.4.

H. Once the Government 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 excepted cargo (as defined in the

PWS) and for requirements that do not have an established rate:

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

A.

B. The contractors have the option to review their existing capacity and respond with an OTO rateprice per

B. pound by the date and time as indicated in the OTO request. OTO rateprice must be an all-inclusive price per pound rate plus any Government requested accessorials.

C. The Government will do a best value analysis as presented in Para 2.4.

C.

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

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

aA. Technical—the Government 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 technically acceptable, offerors must demonstrate the following sub-factors:

(1) Meet or exceed RDD

(2) Provide all required services

(3) Has required equipment

(4) Meets international, national, local and DoD statutory and regulatory requirements for the commodity, hazard and security classification, category or threat

(5) Upon request, Ccontractor will provide a complete CONOPS report to SDDC-G3 for review prior to cargo being booked.

bB. VISA Priorities & CRAF Preference— a review of the technically compliant contractors is conducted to determine which contractors have the highest VISA Priority and CRAF Preference. CRAF preference will be assigned when the actual carriage is operated by a CRAF carrier or the CRAF carrier subcontracorts to a Non-

DoD Approved carrier for actual carriage in accordance with PWS Paragraph 1.17.5.11.21.2 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.

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Ordering Procedures

(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 carrier, or a CRAF carrier subcontracting to a Non-DoD Approved carrier.

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

d.(1) Contractors meeting the technical requirements above and who are identified as falling within the highest identified VISA/CRAF pPriority 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.

(2)e. Evaluation Factors:

(1i) Past Performance

(ia) Contractors’ Rating from the Performance Objective Assessment at Section

3.4 of the PWS.

(iib) History of meeting RDD for the required route for the previous months

Performance.

(iiibc) Contractors’ measured performance on the Additional Performance

Indicators (API’s) is from Section 3.5. of the PWS for the previous months

Performance.

(2ii) Price

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Ordering Procedures

(ia) 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 dimensional weight + Government requested accessorials fD. Carriersontractors who fail to perform proposed carriage using stated CRAF/VISA carriers/subcontractors will be subject to contract remedies/adverse past performance ratings.

2.5 Variance

The weight of Task Order (booking) award in this contract is an estimated weight. If the scale or dimensional weight (whichever is greater) of the Task Order (booking) award varies more than 20 percent above or below the estimated weight, an equitable adjustment in the contract price could be made upon demand of either party. If the demand is made by the contractor, supporting documents confirming variance in the actual or dimensional weight must be submitted to the Contracting Officer no later than 15 calendar days after delivery of the cargo. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 120 percent or below 80 percent of the estimated weight of the Task Order (booking) award.

2.6 Competition. Competition among all awarded IDIQ holders on all requirements, for all cargo, and on all routes, is important to the Government on this contract. Accordingly, awardees are highly encouraged, but not required, to submit a spot bid for all requirements. If the Government discerns a trend by a contractor consistently not submitting a spot bid for a particular requirement, route, and/or cargo type in order to only perform on a preferred requirement, route, and/or cargo type, it will consider this an unfavorable behavior and may elect to use the trend to negatively impact the contractor's past performance evaluation in the Business Relations section of the Contractor

Performance Assessment Reporting System (CPARS) evaluation, unless the Contracting Officer determines extenuating circumstances exist. Additionally, any such unacceptable trend detailed above, as determined by the

Contracting Officer, may result in the Government not exercising an option on the contract.

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