Attachment_J.6_MAC_Ordering_Procedures.pdf

N61331-19-R-0014, Attachment J.6

MAC ORDER PROCEDURES

Resultant delivery order(s) will be placed pursuant to FAR 16.505(b), Orders Under Multiple Award Contracts. In the event of a conflict between these MAC ordering procedures and the base MAC terms and conditions, the terms set forth in the MAC IDIQ shall prevail.

The first delivery order(s) for the successful offeror(s) will be the First Article Testing on a non-competitive basis

(CLINS 0001-0006).

Delivery orders subsequent to the First Article Testing will be issued on a competitive basis as follows:

1. GENERAL

a. When the Government requires the Maritime Buoyant Plates (MBP), a Request for Quote (RFQ) will be emailed to all awardees of this Multiple Award Contract (MAC).

b. In coordination with the FAR 52.216-19 “Ordering Limitations” clause, MAC awardees are required to submit a proposal for all delivery order RFQs received from the Government.

c. Failure to provide a proposal may result in an unsatisfactory past performance rating and/or may result in the Government not exercising remaining option terms.

d. Delivery Orders will be awarded on the Standard Form (SF) 1155. Each Delivery Order shall will include as a minimum:

- Date of order

- Contract number and delivery order number

- Contract Line Item Number (CLIN) and description, quantity, and unit price

- Delivery Schedule

- Place of delivery

- Any packaging, packing and shipping instructions

- Accounting and appropriation data

- Payment Office and invoice instructions

e. Post award Notices and Debriefing of Awardees for Orders Exceeding $5.5 million. The Contracting Officer will notify unsuccessful awardees when the total price of a delivery order exceeds $5.5 million.

f. No protest under FAR 33.1 is authorized in connection with the issuance or proposed issuance of a delivery order, except for—

i. A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or

ii. A protest for an order valued in excess of $10 million. Protests of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with the procedures at 33.104

2. COMPETITION

a. Competition is limited for delivery orders to those awardees under this contract. Each awardee will be given a fair opportunity to be considered for each requirement exceeding $3,500.00. Upon determining the need to issue a delivery order, all awardees will be considered equally against the stated criteria.

b. Unless the Contracting Officer applies the exceptions noted in paragraph 2(c), each delivery order will be awarded, as a result of competition.

c. In accordance with FAR 16.5, the Contracting Officer reserves the right to make award of a delivery order without competition based upon one of the circumstances described below.

- The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

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

- 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.

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

- For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

- In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), Contracting Officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in FAR Part 19 apply.

3. REQUIREMENT FOR QUOTES

a. The Government will issue a competitive RFQ, when required, for production CLINs to all MAC awardees after the contractor passes FAT.

b. The Government will evaluate all responses to the RFQ in accordance the evaluation criteria contained in the RFQ. The Government’s award decision will be based upon Best Value Trade-Off where delivery schedules will be more important than price; however, as delivery schedules in competing quotes approach equality, price will increase in importance.

c. The Government will not conduct a price realism analysis. Only price reasonableness will be conducted.

d. The Government intends to evaluate proposals and award based upon initial offers. Therefore, the Offerors initial proposal should contain the Offerors best terms from a price and technical standpoint. The Government reserves the right to award a contract without discussions with respective Offerors. The government, however, may conduct discussions if deemed in its best interest.

e. Upon completion of evaluations, the PCO will issue a Firm-Fixed Price (FFP) DO, with specific delivery dates, to the awardee whose proposal is determined most advantageous to the Government under the evaluation criteria set forth in the DO RFQ. All delivery orders are subject to the terms and conditions of the base MAC.

AUTHORIZED COMMAND TO WRITE DELRIVERY ORDERS

The Naval Surface Warfare Center Panama City Division is the only organization authorized to write delivery orders on this contract.