3_MM-3_Att_3_-_Ordering_Procedures_DRAFT_20Sep.pdf

Attachment 3, Ordering Procedures

HTC711-19-R-W002

September 20, 2018

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” RFQ process detailed below. The Government is responsible for evaluating shipment requirements and for making independent best value booking decisions.

1.2. Ordering: IAW FAR 16.505(b), Ordering, all multiple award contractors shall be provided a fair opportunity to be considered for each order in excess of $3,500 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. RFQ Process

2.1. The task order awards will be based on the Government’s “best value” analysis.

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

A. Only the Surface Deployment Distribution Command (SDDC) Ordering Office and the Contracting Officer are authorized to order services under this contract.

B. The requirements will be sent electronically to the multimodal contractors.

C. All multimodal contractors will be provided an equal opportunity to submit prices electronically for the specific cargo booking within the timeframe specified in the RFQ. (The Government intends for contractors to respond to RFQs within 24-72 hours.) All multimodal contractors 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 price per pound within the specified response time, unless otherwise directed by TCAQ. Offered prices must be firm for 14 calendar days, unless specified on the RFQ. The price per pound rate shall include any Government ordered accessorials.

E. Quotes received after the cutoff may be considered; however, quotes received late for requirements that have already been awarded will not be considered.

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

G. Once the Government accepts offered rates and proposals, offerors are obligated to accept the subsequent booking by submission of a booking number through EDI, Ocean Carrier Interface (OCI), or email memorializing the agreement. Offeror shall accept bookings on the same business day if received prior to 1430 Central Time. For a booking received after 1430 Central Time, the offeror shall accept no later than 1200 Central Time of the next business day. The accepted booking constitutes the task order under the contract.

H. The Government reserves the right to issue manual task orders when SDDC Integrated Booking System (IBS) cannot support the booking.

I. The Government may make awards at either the PCFN level or to an aggregation of PCFNs. The RFQ bid sheet will identify if the award will be made at the PCFN or aggregation level.

J. Special Instructions may be provided for a PCFN on any RFQ. The special instructions will describe any additional conditions associated with the PCFN(s). In the event the special instructions conflict with any PWS paragraph, the special instructions take precedence.

K. If the Government requires transportation of cargo through a particular SPOE, SPOD, APOE, and/or

APOD, this requirement will be specifically communicated to carriers on the Request for Quotes (RFQ) bid sheet. The term “carrier choice” indicates that the carrier may choose the seaport and/or airport.

L. Task orders are awarded on a point to point basis. Rates will be priced on a per pound basis and shall include all services necessary to transport the cargo to/from the door and any accessorials ordered, as applicable. In the event cargo is booked to/from a seaport with no provisions for onward movement, the port shall be considered the door.

M. All proposed price per pound rates shall be rounded to the nearest whole cent.

2.3. The following process will be used in determining task order awards for excepted cargo (as defined in the PWS), for requirements that do not have an established rate, and for special operational circumstances:

A. The Government will provide all multimodal contractors an equal opportunity to submit a rate electronically for the specific cargo booking. All multimodal contractors will be given the same information and time to respond.

B. The contractors have the option to review their existing capacity and respond with a price per pound by the date and time as indicated in the request. The price must be an all-inclusive price per pound.

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

D. Task Order Award is constituted by the Government accepting a proposal, which is memorialized by an

IBS booking or the issuance of a manual task order.

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

A. Technical—the Government first evaluates potential contractors on an acceptable (proposal clearly meets the minimum requirements of the RFQ)/unacceptable (proposal does not clearly meet the minimum requirements of the RFQ) basis. In order to be considered technically acceptable, offerors must provide the following that clearly meet the requirements:

(1) Required Delivery Date

(2) All required services

(3) Required equipment

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

(5) CONOPS report (required 14 days prior to available load date (ALD), unless otherwise noted on the RFQ)

B. In accordance with the Cargo Preference Act of 1904, the order of priority for cargo moving via ocean is as follows: U.S. Flag vessels (P1), the combination of U.S. Flag and foreign flag vessels (P2), and foreign flag vessels (P3).

C. VISA/CRAF Preference – VISA and CRAF preference will be applied at the prime and subcontractor participant level. VISA and CRAF participants receive an equal preference.

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

(1) 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.

Past Performance Rating and Price evaluation factors are of equal importance.

(2) Evaluation Factors:

(i) Past Performance Rating

(ii) Price

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

Price per pound X estimated dimensional weight or scale weight (whichever is greater)

(iii) If the (i) Past Performance Rating and (ii) Price are equal, the higher past performance score will be evaluated.

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

2.5 Variance. Services Ordered via IBS or Contracting Action: If the total billable weight varies more than 25 percent above or below the total booked weight for the Task Order (e.g. total of all PCFN’s awarded together), the contractor may request an equitable adjustment to the Government for additional costs incurred by the carrier due to the weight variance in excess of 25%. Supporting documents confirming the additional costs that were incurred by the carrier due to the weight variance in excess of 25% between the booked weight and the billable weight must be submitted to the Contracting Officer no later than 15 calendar days after delivery of the cargo. In addition, the contractor shall submit, to the best of their ability, all appropriate documents requested by the Contracting Officer.

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 quote for all requirements. If the Government discerns a trend by a contractor consistently not submitting a quote 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.