RFP Attachment 5 Ordering Procedures.pdf

CUI

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

HTC711-23-R-W002

RFP Attachment 5 MLC Ordering Procedures

ORDERING PROCEDURES

CONTRACTOR SELECTION

“FAIR OPPORTUNITY PROCESS”

1. Fair Opportunity to Compete.

1.1. Fair Opportunity to Compete for Task Order Awards: Under the Master Lease Contract II (MLC II) multiple award contracts, fair opportunity for leasing awards is provided through a “best value” process detailed below. The Government is responsible for evaluating leasing requirements and making best value decisions.

1.2. Ordering: In accordance with (IAW) FAR 16.505, 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) 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. Ordering Process for Container Leasing:

2.1. The task order awards will be based on the Government’s “best value” analysis as set forth in Para 2.5 herein. This process will be assisted by a Government created/owned system called Joint Container Management (JCM). All contractors awarded a contract will have access to this system and be required to input certain data as outlined herein and/or elsewhere in the contract.

2.2. Only an appointed Ordering Officer or Contracting Officer is authorized to order services under this contract. All contractors’ awarded pricing will be loaded in JCM. The following process/analysis will be used in determining task order awards.

A. Government personnel input the requirement (location and desired delivery date), and solicits the top three rated best value offerors based on the criteria established in paragraph 2.4 herein via JCM. Each offeror has the opportunity to accept, reject or counter the delivery date within the timeframe established in the Performance Work Statement (PWS). (NOTE: When offerors are solicited, their acceptance of a delivery date will be contingent upon the Government awarding the task order a within at least 48 business hours prior to the Required Delivery Date (RDD).)

B. If the highest rated contractor can meet the delivery date, the task order is awarded to that contractor.

C. If the highest rated contractor rejects the delivery date and the second highest rated contractor accepts, the task order is awarded to that contractor. If the first and second highest rated contractors reject the delivery date, but the third highest rated contractor accepts, the task order is awarded to the third highest rated contractor.

D. If the highest rated contractor counters with a later delivery date or can only meet the delivery date for a portion of the required containers (with the rest delivered at a later date), but the second highest rated contractor accepts the solicited delivery date, the Ordering Officer or Contracting Officer shall make an award decision based on the best value to the Government. For instance, if the end user must have the equipment by a desired delivery date, faster delivery takes precedence. If the countered delivery date is acceptable, the highest best value score may be awarded the task order.

E. If all three highest rated contractors reject the delivery date, the remaining contractors will be solicited. If no contractor can meet the delivery date, Government will revise the delivery date and re-submit to the three highest rated contractors. If all three highest rated contractors counter the delivery date, the Government reserves the right to make a best value award decision between them, or solicit the remaining contractors.

F. Once the task order is awarded, it is uploaded into JCM, and the customer and contractor will get notified with the details so they may begin coordinating logistics.

G. Once the contractor receives a task order, but before equipment is shipped, contractor shall upload container numbers against the task order in JCM IAW the timeframe in the

PWS.

H. The Government reserves the right to solicit and issue manual task orders when JCM cannot support the requirement. Should JCM become inoperable, the best value process will be conducted manually by the Ordering Officer or Contracting Officer.

2.3. The following process will be used in determining task order awards for requirements that do not have an established rate and for special operational circumstances:

A. The Government will provide all contractors an equal opportunity to submit a quote via JCM or email for the specific container leasing. All contractors will be given the same information and time to respond.

B. The Government will conduct a best value analysis IAW Para 2.4. When the OO and CO determine a special circumstance requires differing performance and cost weights, the OO and CO shall clearly identify the circumstances with submission of the task order received.

C. Task Order Award is constituted by the Government accepting a quote, which is enacted by a leasing document through JCM, or the issuance of a manual task order.

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

A. Price – Task order prices will be based on all contractors’ awarded leasing operation and transportation pricing inclusive of any expedited delivery surcharge, long-lead delivery discounts, and other direct charges. Any location or equipment type not previously priced will be separately solicited.

B. Past Performance – The Government will compile performance history via JCM for all contractors.

1. Past performance will consist of how well each contractor met the Performance Objectives outlined in the Service Delivery Summary (SDS) within the PWS and will be calculated with the assigned weights shown below.

Task Performance Objective Performance Threshold Assigned

Weight

1.3.2.4 RDD Met 95% delivered by RDD each

month 35%

1.3.2.1 Assets are Compliant Upon

Initial Government Inspection

95% compliance within 7 calendar days upon initial Government inspection

35%

1.3.2.1 Equipment Rejects 100% of rejected containers

will be replaced or repaired by the vendor within 2 business days of notification and 100% of containers will pass Government inspection within 2 business days of the delivery of a replacement or repaired equip

10%

1.3.3 Prompt system information

updates in JCM

98% of delivery updates provided within 24 hours of event; 98% of accurate container lists provided no later than 8 hours prior to time of deli

20%

2. Each contractor will have regional and worldwide past performance scores; the former compiled of only performance metrics within each specific region set forth in PWS Appendix D. Overall performance scores used in the best value equation will be calculated based on the contractors’ worldwide score (weighted 25%) and regional score (weighted 75%) from the six months immediately preceding the order. The resulting score will be used in the best value calculation depicted in paragraph 2.5, to determine task order awardees. If a contractor has no regional past performance for the region required by the requirement, only its worldwide past performance score will be utilized. If the contractor has no worldwide performance for the performance period, 100% will be given as the overall performance score.

3. For the first six months of contract performance, no past performance will be utilized to determine task order award; only contractors’ prices and stated ability to meet the Required Delivery Date (RDD) will be evaluated. After this performance building period, the Government will utilize a six-month rolling average of the Performance Ratings referenced above for purposes of evaluating and awarding task orders. The rating used for evaluating and awarding task orders will become effective one month after performance has ended for a particular month. For example, the six-month rolling average for performance from March thru August will become effective on the first day of October.

a) Performance scores will be calculated monthly. The COR will coordinate with the Contractor to resolve all disputed performance assessment data prior to utilizing scores in award decisions.

b) In the event the performance ratings are not complete in sufficient time for them to be utilized in an award decision, the Contractor’s Performance Rating from the previous month shall be used for those decisions. Once the Performance Rating for the month have been establish, they will be utilized for future award decisions.

c) During the performance period the contractor will have the opportunity to submit credit request in JCM for particular performance objectives that were missed because of outside circumstances. Credit requests must be submitted after the performance objectives was schedule to occur but before the 8th calendar day of the month following the schedule delivery date. On the 5th of each month measured records are frozen and changes afterword will not affect the performance score except for approved credit requests.

C. Ability to meet the Required Delivery Date (RDD)

1. Once the top three contractors are identified by JCM based on price and performance (excluding first six months of contract), each will be solicited via JCM on whether they can meet the RDD. Contractors may accept, reject, or counter the RDD.

a) If accepted, contractor is eligible for award.

b) If rejected, contractor becomes ineligible for award.

c) If countered, contractor is eligible, and a best value decision is made based on a delivery date and best value score.

2.5 Best Value Determination – The following evaluation process will be accomplished for each individual task order.

A. Evaluation Factors

1. Total proposed cost of lease (best value equation below expresses cost score relative to lowest cost proposed by any contractor)

2. Overall Past Performance Rating (after first six months of contract performance)

– Past performance is weighted as 10% more important than price, as shown in the best value equation below.

B. Best Value Equation

1. The best value score for Contractor X is expressed by the equation below.

X = (100*(l/c)) + ((100*p)*1.1)

Where l = lowest proposed cost by any contractor c = proposed cost by contractor x p = overall performance rating of contractor x

2.6 Competition. Competition is an essential component to this requirement. Noted trends by contractors who consistently reject requirements and/or do not submit a quote for unpriced requirements will be considered unfavorable behavior. Contractors will have an opportunity to remedy discrepancies or unfavorable behavior. However, if they are not remedied in a timely manner after notification, the Contracting Officer may elect to negatively impact the contractor's past performance evaluation in the Business Relations section of the Contractor Performance Assessment Reporting System (CPARS) evaluation and/or may result in the Government not exercising an option period, unless the CO determines extenuating circumstances exist.