Attachment_2_-_Section_H_-_Special_Contract_Requirements_Final.docx

RFP #N6264517R0009

Attachment 2 Section H – Special Contract Requirements H.1. The government intends this Request for Proposal (RFP) to result in award of multiple indefinite delivery indefinite quantity (IDIQ) contracts. Assemblages will be procured via the award of Delivery Orders issued against the basic contracts. Delivery Orders will be awarded on a firm fixed price basis via a Standard Form (SF) 1449 signed by the Contracting Officer. Delivery Orders will be executed in writing by the Contracting Officer and transmitted via e-mail.

H.2. The contractor shall furnish supplies in accordance with the Statement of Requirements, individual delivery orders for the supplies, and all other terms and conditions set forth herein. Government requirements for AMAL/ADAL assemblages shall be filled in response to Delivery Orders issued by the Government against the base contracts.

H.3. The following activity is the sole authority to issue Delivery Orders:

Naval Medical Logistics Command Acquisition & Analytics Directorate, Code 05 693 Neiman Street Fort Detrick, MD 21702

The activity’s ordering office is responsible for issuing and administering any order placed against the basic contracts. Ordering officers have no authority to modify any provision of the basic contract. Any deviations from the terms of the basic contract must be submitted and approved by the Contracting Officer for contractual action.

H.4. Each Delivery Order will contain at a minimum the following information:

· Date of Order

· Contract Number and order number

· Contract item number, description, quantity and unit price

· Delivery schedule

· Place of delivery (including co-signee)

· Any packaging, packing and shipping instructions

· Accounting and Appropriation data

· Payment office address

· Invoicing and acceptance instructions

· Name of the COR

· Any other pertinent data

H.5. Maximum Quantities. All available quantities for this requirement are given in Contract Line Item Numbers (CLINs) 0001 through 0041.

H.6. The estimated ordering period is 60 months, beginning at the start of basic contracts, or until the time the Government has issued Delivery Orders totaling the sum of the maximum quantities.

H.7. DELIVERY ORDER PROCEDURES

H.7.1. When placing orders, the Contracting Officer is not required to prepare formal evaluation plans, score offers, post notice on the Federal Business Opportunities (FedBizOpps) website (except when using an exception to fair opportunity) or hold discussions or negotiations with each awardee. Even though the Contracting Officer is not required to conduct discussions before issuing an order, there will be an internal record of why a particular offeror provided the best value based on the particular requirements of each Delivery Order.

H.7.2. Fair Opportunity For Consideration. One or more Delivery Orders will be issued during the ordering period of the contracts. The government will provide all awardees a fair opportunity for consideration. In accordance with FAR 16.505(b), the Contracting Officer will give each awardee a “fair opportunity” to be considered for each Delivery Order in excess of $3,500 unless one of the conditions in Paragraph H.7.3. below and subparagraphs applies.

H.7.3. Exceptions to Fair Opportunity for Consideration. Awardees will not be given a fair opportunity to be considered for Delivery Orders which are expected to exceed $3,500 when the Contracting Officer determines one of the following conditions apply:

H.7.3.1. The agency need for supplies is so urgent that providing a fair opportunity would result in unacceptable delays;

H.7.3.2. Only one awardee is capable of providing the supplies required at the level of quality required because the supplies ordered are unique or highly specialized;

H.7.3.3. 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.

H.7.3.4. It is necessary to place an order to satisfy a minimum guarantee. All successful contract awardees are guaranteed a minimum award of a Delivery Order(s) totaling $5,000.

H.7.4. Delivery Order Proposal Request.

H.7.4.1. The Contracting Officer will issue a written Delivery Order Proposal Request and will forward it to all awardees unless one of the exceptions to fair opportunity for consideration listed in Paragraph H.7.3. above and subparagraphs applies.

H.7.4.2. The proposal request will include as a minimum the following information:

· The due date for proposal submission (generally between 14 and 21 days following the date of the Delivery Order Proposal Request).

· A pricing sheet with a description of the assemblage/supplies needed.

· Delivery information (delivery date and location).

· Any additional instructions for proposal submission not contained in the contract.

· Any other information deemed appropriate by the Contracting Officer.

H.7.5. Delivery Order Proposal Submission

H.7.5.1. If an awardee is unable to submit a proposal, they must notify the Contracting Officer in writing as soon as practicable. A brief written statement as to why the awardee is unable to submit a proposal is required. Failure to submit a Delivery Order Proposal without sufficient justification may be considered as negative Past Performance information which may jeopardize the award of future Delivery Orders.

H.7.5.2. The contractor’s Delivery Order proposal shall always be required to contain a price section and may be required to include a past performance section. The price section shall include a completed Pricing Sheet including pricing for each item contractor can provide. The awardee shall assume in their pricing that NMLC will provide to the contractor any documentation (Letter of Authorization) required to gain access to items and pricing from manufacturers or distributors available only to the government; any discounts received as a result of the Letter of Authorization shall be provided to the government and identified within each proposal. For items contractor cannot provide, the contractor shall enter “Not Available” in the column labeled “Availability”. The proposal shall be forwarded to the Naval Medical Logistics Command. Certified cost or pricing data is not required for individual Delivery Orders. If required, the proposal shall include the past performance information required by the Delivery Order Proposal Request.

H.7.6. Delivery Order Proposal Evaluation

H.7.6.1. The Contracting Officer has broad discretion in determining which awardee should receive a Delivery Order. Each Delivery Order award decision will consider the following three factors: Fill Rate (H.7.6.2.), Price (H.7.6.3.), and Timeliness (H.7.6.4.). Others factors (i.e., H.7.6.5. - Past Performance) may be considered as described in the Delivery Order Proposal Request.

H.7.6.2. Fill Rate. The percentage of items the contractor is able to provide.

H.7.6.3. The price of the Delivery Order. The factors to be considered in evaluating proposed prices are:

H.7.6.3.1.1. Completeness. All price information required by the Delivery Order Proposal Request has been completed and submitted.

H.7.6.3.1.1.1. In order for a proposal that contains items a contractor is unable to source to be considered complete, the contractor shall enter a $0.00 ($ - ) in the “Price” column and note the item as “Not Available” in the column labeled “Availability”.

H.7.6.3.1.2. Fair and Reasonableness. The degree to which the grand total proposed price represents a fair and reasonable price. Pricing will be evaluated using any combination of techniques identified in FAR 15.404-1(b)(2).

H.7.6.4. Timeliness of submission of Delivery Order Proposal. Delivery Order proposals which are submitted late may not be considered for award.

H.7.6.5. The Past Performance record of the awardee in previous Delivery Orders and Delivery Order Proposals under the resultant contracts may be evaluated. This past performance evaluation will include a review of all aspects of contract performance, both positive and negative, including but not limited to the required percentage of fill rate, meeting the required delivery dates, compliance with notifications of inability to procure agreed upon materiel, compliance with the packaging and labeling requirements, timeliness and accuracy of shipment notifications, accuracy of packing lists, and compliance with remaining shelf life expirations.

H.7.7. Delivery Order Award

H.7.7.1. Upon completion of the evaluation, the Contracting Officer will issue a Delivery Order to the contractor whose proposal is most advantageous to the Government considering the evaluation factors specified in Paragraph H.7.6. and subparagraphs.

H.7.7.2. In the event issues pertaining to a proposed Delivery Order cannot be resolved to the satisfaction of the Contracting Officer, the Contracting Officer reserves the right to withdraw or cancel the proposed Delivery Order. In such event, the contractor will be notified, via e-mail, of the Contracting Officer’s decision and this decision shall be final and conclusive and shall not be subject to the “Disputes” clause or the “Contract Dispute Act”.

H.7.7.3. Issues arising from the placement of orders are not protestable to the Government Accountability Officer unless the protest alleges that the order exceeded the value, scope or period of the contract or in the case where a single Delivery Order exceeds the dollar threshold in accordance with FAR 16.505(a)(10) and FAR 33.104.

H.7.7.4. A single award will be made per Delivery Order Proposal Request. Each contract awardee will be awarded a minimum of one delivery order. The number of orders and the total dollar value of the delivery orders awarded to each contract awardee may vary. Within the parameters established by Paragraph H.7. above and subparagraphs, the Contracting Officer has broad discretion in determining which contract awardee should receive a delivery order award.

H.7.8. Ombudsman

H.7.8.1. The Ombudsman will review complaints from contractors regarding the award of Delivery Orders and ensure that all contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract. The Delivery Order contract Ombudsman for this contract is the Navy Competition Advocate General. Contractors are encouraged to settle their complaints through the Competition Advocate chain of command, seeking review by the Command Competition Advocate at the Naval Medical Logistics Command before taking their complaints to the Navy Competition Advocate General. The Naval Medical Logistics Command's Competition Advocate can be reached at (301) 619-2157 or at the following address:

Naval Medical Logistics Command ATTN: Competition Advocate 693 Neiman St.

Fort Detrick, MD 21702-9203