USC-8_Exhibit_4_Ordering_Procedure_DRAFT_Dec_14.pdf

USC-8 Exhibit 4 Formatted: Font: (Default) Times New Roman, 10 pt

USC-8

Exhibit 4

ORDERING PROCEDURE

CONTRACTOR SELECTION

“FAIR OPPORTUNITY PROCESS”

1. Fair Opportunity to Compete.

1.1. Fair Opportunity to Compete for Task Order (booking) Awards: Under the USC-8 multiple award contracts, fair opportunity for booking awards is provided through a “best value” booking process detailed below. Only appointed cargo bookers (ordering officers) are authorized to book orders. The cargo bookers are 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 to all such contractors would result in unacceptable delays.

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

c. The task/delivery order should be issued on a sole source basis in the interest of economy or 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 pursuant to the procedures in this clause to be considered for the original order.

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

1.3. All bookings will be awarded in accordance with the Cargo Preference Act of 1904, with a priority given to vessels that are enrolled in VISA. SDDC will provide an updated list of VISA participants to designated Ordering Officers as changes to the list occur. Notwithstanding anything contained in this contract, nothing should be construed as effecting, changing or weakening the Cargo Preference Act of 1904 (10 U.S.C. 2631). Any waiver or change to this policy must be consistent with that provided under existing law.”

2. Ordering Process for Bookings:

2.1. The Universal Service Contract (USC)-7 8 allows for cargo bookings based on a “best value” concept.

2.2. The best value analysis will consider the following factors and sub-factors:

a. Technical—the ordering officer first evaluates potential contractors on a pass/fail basis to determine which contractors can meet the following technical requirements for the shipment or group of shipments that the ordering officer requires to move together:

(1) Can meet or exceed RDD

(2) Can provide all required services and accessorials and has awarded rates for same.

(3) Has required equipment

(4) Has an approved Prime Vendor Agreement as detailed in Attachment 8 of the Performance Work StatementWS (PWS) (Applies to certain Prime Vendor cargoes only). Should DOD DoD sponsor other commercial shippers and require a similar agreement, contractor must have such agreement in place.

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

(6) Iis not in nonuse limited use status (unless vessel has a higher flag priority).

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b. U.S.-fFlag and Voluntary Intermodal Sealift Agreement (VISA) Priorities – — vessels with a higher U.S. -fFlag priority and (if equal U.S.- fFlag priorities) a higher VISA priority.

(c) U.S. Domestic Shipyard Preference (applicable to Jones Act Trade only) - Carriers will be evaluated based upon the highest US Domestic Shipyard Preference as determined by the evaluation of US shipyard repairs per the evaluation criteria stated in the solicitation (DFARS 247.573-2).

cd. Best Value Determination – —if more than one contractor meets the technical requirements above with vessels that have equal flag and VISA priorities, as well as Domestic Shipyard Preference if applicable, bookings shall normally (subject to Booking Office determination of a need for exception) be awarded based on the lowest Best Value Number (BVN), which is the lowest numerical value of:

Total dollar cost of the task order/booking (to include accessorials) divided by the Composite Score.

(1)

(2) Composite score is the numerical average of carrier’s worldwide performance score and carrier’s performance score for the lane in question. Both the worldwide and lane scores are based on 2-montha 60 day rolling averages as described in the PWSPWS. The score is a number ranging from 0 to 1; for example, it would be 0.8 (=80%) if carrier’s worldwide score were 75%, and score on the lane in question were 85%. Lanes are determined on a COCOM-to-COCOM basis, except for certain contingency areas, as detailed in the PWS, Section 5 - Carrier PerformanceMeasuring Performance Section.

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