13R1017_Amendment_0001_Attachment_J4_Fair_Opportunity_Ordering_Procedures.pdf

M67854-13-R-1017 Amendment 0001

Attachment J.4

Fair Opportunity Ordering Procedures

Award of Initial Delivery Orders

(a) Pre-Production Units (CLIN 0001 and CLIN 0008) will be purchased from each awardee.

(b) Initial funding (i.e., FY14 funding) for the procurement of a maximum quantity of 5,000 TW

RAT boots (CLIN 0002), a maximum quantity of 10,000 HW RAT boots (CLIN 0005), and

Status Reports (CLIN 0015) will be allocated amongst the awardees in the inverse percentage of a particular awardee’s total evaluated price for all CLINs related to a particular system in relation to the sum of each awardee’s total evaluated price for all CLINs related to a particular system.

Example : Two Contract Awards For TW and HW RAT boots and Status Reports

P1= Total Evaluated RAT Boot Price For Awardee 1 (i.e., $30,000,000)

P2= Total Evaluated RAT Boot Price For Awardee 2 (i.e., $40,000,000)

O1= % of dollar value of order For Awardee 1 (i.e., 52.4%)

O2= % of dollar value of order For Awardee 2 (i.e., 47.6%)

Awardee 1 Allocation Awardee 2 Allocation

Formula: _ P2_ = O1

P1 + P 2

$4,000,000______ = .571

$3,000,000 + $4,000,000

Formula: _ P1_ = O2

P1 + P 2

$3,000,000______ = .429

$3,000,000 + $4,000,000

In the above example, Awardee 1 (O1) would receive 57.1% of the available funds and Awardee

2 (O2) would receive 42.9% of the funds available.

Award of Subsequent Delivery Orders

In situations where Delivery Orders will be competed IAW FAR 16.505(b), the Procuring

Contracting Officer will issue Requests for Proposals (RFPs) via e-mail to the Points of Contact

(POCs) specified by each IDIQ contract holder and will allow a minimum of 5 calendar days for a response. The Government will state its best value criteria in the "fair opportunity" RFPs and such criteria may vary between orders, based upon the circumstances related to the requirement being addressed by the particular order in question. The best value criteria will always take a

Price factor into consideration, and as circumstances dictate, may include taking Delivery and/or

Past Performance factors into consideration. Delivery may be considered as a factor for best value trade-off decisions in situations where the Government has a minimum time requirement for delivery, but places significant value on deliveries made earlier than a specified "not later than" period of days from time of order award. Past Performance as a factor will be taken into consideration as follows: once each and every IDIQ contract holder has established a

M67854-13-R-1017 Amendment 0001

Attachment J.4 performance record for at least one order against their respective RAT Boot IDIQ contract, the

Government may use Past Performance for orders placed against the RAT Boot IDIQ contracts as a factor in future "fair opportunity" best value trade-off decisions. The Government intent is to streamline the Fair Opportunity competitions to the maximum extent practicable, limiting documentation to content similar to the minimum documentation described in FAR 13.106-3(b), unless otherwise stated in the RFP which provides the fair opportunity to compete for the order under consideration. In streamlining competitions, the Government will use lowest price technically acceptable (LPTA) and Past Performance - Price trade-off (PPTO) methods when appropriate. Offerors will not be permitted to offer boots with less capability than offered in their

IDIQ contract proposals, which are herein incorporated by reference. Offerors will not be permitted to offer prices which exceed those offered and incorporated by reference into their respective IDIQ contracts unless the Government specifies delivery terms, conditions, or locations which vary from the assumptions stated in the solicitation, in such cases any increases in offered prices must bear a reasonable relationship to the changed delivery terms, conditions, or locations. However, offerors will be permitted to offer the Government additional price discounts (i.e., lower prices) from those offered and incorporated by reference into their respective IDIQ contract when responding to "fair opportunity" RFPs for delivery orders which are competed. In cases where an IDIQ contract holder fails to respond to a "fair opportunity"

RFP in a timely manner, the Government reserves the right to place orders unilaterally, limited only by the pertinent order limitation provisions of the basic IDIQ contract, if such an order would represent the "best value" to satisfy the requirements stated in such "fair opportunity"

RFP. Failures to respond to "fair opportunity" RFPs in a timely manner will be considered unsatisfactory contract performance.