Ordering_Procedures_T_38_Electro_Mechanical_Actuator.pdf

ORDERING PROCEDURES

Remanufacture of T-38 Electro – Mechanical Actuator Multiple Award IDIQ Contract

1. GENERAL INFORMATION

1.1. Supplies will be procured with the award of delivery orders issued against the Indefinite Delivery, Indefinite Quantity Multiple Award contract (MAC IDIQ) in accordance with (IAW) FAR 16.505 and its supplements. Should there be a conflict between FAR 16.505 (and its supplements) and this document, FAR 16.505 (and its supplements) shall take precedence.

1.2. The Contract Line-Item Number (CLIN) structure on each order will reflect the Firm Fixed Price (FFP) for each line item and must strictly follow the CLIN structure outlined in the IDIQ contract. There are two types of delivery orders that will be awarded under this MAC IDIQ:

1.2.1. Initial Delivery Order – 3 EA units to complete Initial Production Evaluation (IPE): Each awardee will receive an initial delivery order for the contract minimum quantity of 3 units from CLIN 0001 Remanufacture of NSN: 1680-00-872-7023 RK. Each awardee will be subject to completing an IPE. This fulfills the minimum order requirement for each awardee.

1.2.2. Subsequent Delivery Orders: After initial delivery orders are awarded, the

Government may order additional supplies, up to the stated contract maximum value, throughout the term of this contract IAW with the procedures at FAR 16.505 and in this ordering procedures document.

1.3 Ombudsman: Contract clause DAFFARS 5352.201-9101 designates a delivery order Ombudsman for the MAC IDIQ.

2. DELIVERY ORDER PROCEDURES (SUBSEQUENT DELIVERY ORDERS)

2.1 Delivery orders shall be issued on a firm-fixed price (FFP) basis.

2.2 Unless a Fair Opportunity Exception exists IAW with FAR 16.505(b)(2), the Contracting

Officer will issue a Fair Opportunity Proposal Request (FOPR) to all IDIQ Awardees via direct electronic communication, typically email. All IDIQ Awardees are encouraged to compete for orders. Each IDIQ Awardee shall evaluate the opportunity and determine whether to submit a proposal.

2.3. FOPR: Unless otherwise specified in a FOPR, the following defines the fair opportunity process, how orders will be processed and priced, and how a orders will be awarded.

2.3.1. The PCO will initiate the FOPR process by sending a written FOPR and attachments (hereafter referred to as FOPR package) to the IDIQ Awardees. The FOPR letter will include, at a minimum, the following information:

2.3.1.1. Proposal Due Date

2.3.1.2. Description of required supplies and quantities required (CLINs solicited)

2.3.1.3. Delivery Information

2.3.1.4. Statement informing Contractors whether a single or multiple orders are contemplated

2.3.1.5. Statement requiring rationale for no proposal if contractor does not intend to bid on the FOPR

2.4. Proposal Submission Process

2.4.1. The amount of time for proposal submission will be stated in individual FOPRs.

2.4.2. All IDIQ Awardees are highly encouraged to submit a proposal for every FOPR under this contract.

2.4.3. If no proposals are received, the Government may revalidate the FOPR requirement. The validation process may include exchanges with some or all of the Contractors to determine the concerns about the FOPR requirement. Should the requirement be valid, the PCO may re-issue the FOPR package and require a proposal from all contractors.

2.5. Proposal Evaluation Process

2.5.1. Only proven contractors will be considered for subsequent orders under this MAC

IDIQ. Proven contractors are those who have adequately met Initial Production Evaluation (IPE) (if required) requirements and have maintained timely deliveries.

2.5.2. The Government reserves the right to award orders without interchanges.

However, the Government also reserves the right to conduct interchanges if determined necessary by the Contracting Officer. The Government may conduct interchanges with one, some, none or all Offerors at its discretion, if determined to be part of the fair opportunity process.

2.5.3. Each Delivery Order will be awarded to the offeror whose proposal is deemed the best value to the Government based upon an integrated assessment using the evaluation criteria established in the FOPR. The FOPR will establish the selection factors and the order of importance for each Delivery Order. All Delivery Order award decisions shall evaluate price. Award decisions may also be evaluated on quality of performance. Quality of performance evaluations will consider one or more non-cost evaluation factors such as past performance and/or on-time delivery.

An unproven contractor will receive a delivery order award for IPE; however, they will not be awarded a subsequent delivery order until their IPE has been approved.

Price proposals will be evaluated as follows:

2.5.3.1. Completeness: Proposals will be reviewed for completeness.

Completeness will be based on Offeror submitting a Schedule of Supplies with complete unit and extended Prices/Costs on CLIN 0001 and 0002. Incomplete proposals will be considered ineligible for award.

2.5.3.2. Price Reasonableness: The proposed prices will be evaluated for reasonableness. Reasonableness must represent a price to the Government a prudent person would pay in the conduct of competitive business. Normally, price reasonableness is established through adequate price competition but may also be determined through price analysis techniques as described in FAR 15.404-1(b)(2).

2.5.3.3. Balance: Proposals will be reviewed for unbalanced pricing. The Government will evaluate any supporting information provided by the Offeror explaining variances that appear unbalanced. Proposals that are determined to be unbalanced may be deemed ineligible for award by the Contracting Officer if a determination is made that lack of balance poses an unacceptable risk to the Government. Unbalanced pricing exists when, despite an acceptable total price, the price of one or more line items (including sub line items) is significantly over or understated as demonstrated by application of price analysis techniques, such that:

2.5.3.3.1. There is reasonable doubt the offer would result in the lowest overall cost to the Government, even though it is the lowest priced Offeror; or

2.5.3.3.2. The offer is so grossly unbalanced; its acceptance would be tantamount to allowing advanced payment.

2.5.3.4. Total Evaluated Price (TEP): The TEP will be calculated as the sum of the total proposed prices for all separately priced line items (including sub line items).

3. SUCCESSFUL AWARDEE: Once the ordering CO determines affirmative responsibility of the offeror(s) with the lowest TEP, notice will be provided via direct electronic communication, typically email.

4. POST AWARD NOTICE & DEBRIEFINGS: IAW FAR 16.505(b)(6), post-award notices to unsuccessful awardees are only required for orders exceeding $6 million and debriefings only required upon request.

5. OTHER RELEVANT INFORMATION

5.1. PROTESTS: IAW FAR 16.505(a)(10) a protest is not authorized in connection with the issuance or proposed issuance of an individual order except a protest on the grounds that the order increases the scope, period, or maximum value of the contract under which the order is issued; or a protest of an order valued in excess of $25 million. Protests may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

5.2. PROPOSAL PREPARATION: The contractor shall assume all costs associated with preparation of proposals for delivery order awards under the FOPR process. The Government will not reimburse awardees for proposals as a direct or indirect charge.

5.3. FOPR CANCELLATION: In the event issues pertaining to an issued FOPR cannot be resolved, the PCO reserves the right to withdraw and cancel the proposed FOPR. In such event, all MAC contractors shall be notified in writing of the CO's decision. This decision is final and conclusive and shall not be subject to the "Disputes" clause or the "Contract Disputes Act."

5.4. ON-RAMPING

5.4.1. The Government reserves the unilateral right to reopen competition or “on-ramp” additional contractors at any time during the term of the contract. The Government may choose to on-ramp any number of new awardees when the Contracting Officer determines it is in the Government’s best interest to do so in order to enhance the competitive environment of FOPRs under the originally awarded IDIQ contracts.

This may be due to any reason.

5.4.2. When an on-ramp is used, the Government will advertise the reopening of the competition on SAM.gov, and new awardees shall meet the criteria established in the initial solicitation; this includes all evaluation criteria. The evaluation and selection of awardees for any on-ramp will be exactly the same as the evaluation and award criteria used for the initial basic contract awards. Any new awardees will compete with any existing or remaining Contractors for all delivery orders.

5.4.3. The reopened solicitation may contain additional or updated clauses that were revised since the initial solicitation. In the event an “on-ramp” is used, Contractors with existing basic contracts will be notified of any clause additions or updates which will be incorporated via a bilateral modification.

5.4.4. Any additions due to on-ramps will not impact the contract maximum and the ordering period for new awardees will not exceed the overall maximum term of the original ID/IQ contract (i.e., will not extend past the dates established at initial award).

5.4.5. The Government will not consider unsolicited requests.

5.5. OFF-RAMPING

5.5.1. The Contracting Officer reserves the unilateral right to Off-Ramp non-performing

Contractors. Contractors that are Off-Ramped will have no active delivery orders at the time of the Off-Ramping. The Off-Ramp process under an IDIQ contract encompasses several methods by which the Government may exercise its right to remove a contractor. The Off-Ramp methods include, but are not limited to:

5.5.1.1. Debarment, suspension, or ineligibility as defined in FAR 9.405-1 and 9.405-2.

5.5.1.2. Termination as defined in FAR 49.402 and 49.403.

5.5.2. Remedies for Breach by the Government: Contractor's sole and exclusive remedy for breach by the Government shall be termination for convenience damages, delivery order proposal preparation costs, delivery order award, and/or reinstatement if deemed feasible by the Government in its sole discretion. In no event shall the Government be liable to the Contractor for expectancy damages, including but not limited to lost profits, or consequential damages resulting from breach of this contract.