SECTION_M_FA8212_28JAN2023 FA821223R0003.pdf

Updated 28JAN2023 LGE

1 | 3 P a g e s

SECTION M

BASIS FOR CONTRACT AWARD

**SOURCE SELECTION PROCEDURES WAIVED**

EVALUATION - PRICE ONLY

PROGRAM NAME: A-10 THUNDERBOLT II WARHOG

IAW DFARS SUBPART 217.75, ACQUISITION OF REPLENISHMENT PARTS

FD20202300102_FA8212-23-R-0003

A. REQUIREMENT.

PN: PN: 160D215009-37 NSN: 1560-01-512-6429FJ, A-10 COVER, ACCESS, F52

5 YEAR Indefinite Delivery/ Indefinite Quantity (IDIQ) – Single Award

a. MIN QTY: 2EA (includes First Article)

b. Best Estimated Qty (BEQ): 48EA

c. MAX QTY: 50 EA

c. 5 YEAR ORDERING PERIOD: Expires when the MAX QTY has been ordered or end of FY2027 or 30 SEP 2027, whichever occurs first.

SECTION A. INTRODUCTION.

1. This acquisition shall use price as the only evaluation factor. The Procurement Contracting Officer (PCO) has waived formal source selection procedures due to the non-complexity of producing the A-10 parts. The best value shall be based on the lowest priced offeror that is a responsible qualified DoD manufacturer that is a Women-Owned Small Business (WOSB).or Economically Disadvantaged Women-Owned Small Business (EDWOSB) for NAICS Code 336413, Other Aircraft Part and Auxiliary Equipment Manufacturing (1250 employees); FSC: 1560 - Airframe Structural Components.

SECTION B. PROPOSAL AND PRICE EVALUATION PROCEDURES.

1. Offerors are required to be responsible and meet all of the requirements in the solicitation and resulting contract to include all the required delivery times. The proposal will be evaluated to determine if it meets the Govt’s requirement.

If an offeror fails to meet the Govt’s requirement, including all the required delivery times, the Govt has the right to reject the offer and the offeror will be ineligible to receive the award.

2. Total Evaluated Price (TEP). The PCO shall determine the TEP that represents the IDIQ maximum value by adding the total prices for each of the minimum quantity CLINs + the maximum value of CLIN 0003, Best Estimated Qty (BEQ). The PCO shall determine the maximum value of BEQ by multiplying the highest unit price proposed in CLIN 0003 x 48EA (BEQ).

3. IAW 19.502-9 Withdrawing or modifying small business set-asides. “If, before award of a contract involving a total or partial small business set-aside, the contracting officer considers that award would be detrimental to the public interest (e.g., payment of more than a fair market price), the contracting officer may withdraw the small business set-aside”.

4. Price Reasonableness. The proposed prices will be evaluated for price reasonableness. Normally, price reasonableness is established through adequate price competition; however, with the trend of defaults with DoD contracts due to unreasonable offerors the Govt has the right to reject unreasonable offerors and enforce the terms of a Firm-Fixed Price contract type agreement. Unreasonable offerors occurs when the offerors’ price is significantly overstated or understated considering factoring today’s market conditions and past prices paid.

2 | 3 P a g e s

5. Balance. The Government may also determine a proposal unacceptable if the unit prices are unbalanced and unreasonable among the CLINs. Unbalanced pricing exists when the price of one or more items/Contract Line Item Numbers (CLINs) is significantly overstated or understated compared to other CLIN(s).

6. Determination of Adequate Price Competition – Basis of Award. For acquisition set-aside to small businesses, such as this acquisition, the basis of award shall be IAW 19.202-6 Determination of fair market price, "(a) The fair market price shall be the price achieved in accordance with the reasonable price guidelines in 15.404-1(b)”, Price Analysis, unless:

(1)“Unless an exception from the requirement to obtain certified cost or pricing data applies under 15.403- 1(b)(1)”, “When the contracting officer determines that prices agreed upon are based on adequate price competition” as prescribed in “15.403-1(c), Standards for exceptions from certified cost or pricing data requirements—

(1) Adequate price competition. (i) A price is based on adequate price competition when—

(A) Two or more responsible offerors, competing independently, submit priced offers that satisfy the Government’s expressed requirement;

(B) Award will be made to the offeror whose proposal represents the best value (see 2.101) where price is a substantial factor in source selection; and

(C) There is no finding that the price of the otherwise successful offeror is unreasonable. Any finding that the price is unreasonable must be supported by a statement of the facts and approved at a level above the contracting officer.

(2) (i) Comparison of proposed prices received in response to the solicitation. Normally, adequate price competition establishes a fair and reasonable price (see 15.403-1(c)(1)).

SECTION C. AWARD.

1. Contract Award Schedule. The contract is scheduled for award within 30 days after the solicitation closes;

however, if the TEP maximum IDIQ exceeds $5M additional clearances are required. In this case the contract will be scheduled for award within 60 days after the solicitation closes.

2. Award shall be made on All or None basis.

3. Award Without Discussions. The Government intends to award a single 5 year IDIQ without discussions to a responsible WOSB/EDWOSB offeror with the lowest TEP as the potential awardee. The Government however, reserves the right to conduct discussions if deemed in the Government’s best interest. Clarifications are limited exchanges between the agency and offerors that may occur when contract award without discussions is contemplated; an agency may, but is not required to, engage in clarifications that give offerors an opportunity to clarify certain aspects of proposals or to resolve minor or clerical errors IAW FAR 15.306(a). The agency has broad discretion to decide whether to engage in clarifications with an offeror. Clarifications cannot be used to cure deficiencies or omissions in a proposal or otherwise revise a proposal.

4. Awardee - Determination of Responsibility to Receive DoD Contract IAW FAR 9.1. After Only DoD contracts determined responsible are authorized to receive the award per FAR 9.1, Responsible Prospective Contractors. In order to determine if the potential awardee is responsible the Contracting Officer will review the offeror’s responses to the DoD Contractor Responsibility Questionnaire provided with the solicitation as well as query the Govt’s systems and seek the customer’s feedback and record. If the potential awardee is determined not responsible the Contracting Officer shall hold off on award to the next lowest priced responsible offeror and refer the matter to the Small Business Administration for a Certificate of Competency determination in accordance with the procedures contained in subpart 19.6 and 15 U.S.C.637(b)(7).

SECTION D. PRE-AWARD NOTICES TO SMALL BUSINESSES NOT SELECTED.

1. The notice shall be issued IAW 15.503(a), Notification to Unsuccessful Offerors, https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-15#FAR_15_403_1 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

3 | 3 P a g e s

“(1) Preaward notices of exclusion from competitive range. The contracting officer shall notify offerors promptly in writing when their proposals are excluded from the competitive range or otherwise eliminated from the competition.

The notice shall state the basis for the determination and that a proposal revision will not be considered.

(2) Preaward notices for small business programs.

(i) In addition to the notice in paragraph (a)(1) of this section, the contracting officer shall notify each offeror in writing prior to award and upon completion of negotiations and determinations of responsibility-

(A) When using a small business set-aside (see subpart 19.5);

(B) When using the HUBZone procedures in 19.1305 or 19.1307;

(C) When using the service-disabled veteran-owned small business procedures in 19.1405; or

(D) When using the Women-Owned Small Business Program procedures in 19.1505.

(ii) The notice shall state-

(A) The name and address of the apparently successful offeror;

(B) That the Government will not consider subsequent revisions of the offeror’s proposal; and

(C) That no response is required unless a basis exists to challenge the size status or small business status of the apparently successful offeror (e.g., small business concern, small disadvantaged business concern, HUBZone small business concern, service-disabled veteran-owned small business concern, economically disadvantaged women-owned small business concern, or women-owned small business concern eligible under the Women-Owned Small Business Program).

SECTION E. POST AWARD NOTICES.

1. Successful Offeror. IAW 15.504, Award to successful offeror, “The contracting officer shall award a contract to the successful offeror by furnishing the executed contract or other notice of the award to that offeror.” (a) If the award document includes information that is different than the latest signed proposal, as amended by the offeror’s written correspondence, both the offeror and the contracting officer shall sign the contract award.

2. Unsuccessful Offeror. IAW FAR 15.503(b)(1) “Within 3 days after the date of contract award, the contracting officer shall provide written notification to each offeror whose proposal”…”was not selected for award ( 10 U.S.C.2305(b)(5) and 41 U.S.C.3704)”. The notice shall include-

(i) The number of offerors solicited;

(ii) The number of proposals received;

(iii) The name and address of each offeror receiving an award;

(iv) The items, quantities, and any stated unit prices of each award. If the number of items or other factors makes listing any stated unit prices impracticable at that time, only the total contract price need be furnished in the notice. However, the items, quantities, and any stated unit prices of each award shall be made publicly available, upon request; and

(v) In general terms, the reason(s) the offeror’s proposal was not accepted, unless the price information in paragraph (b)(1)(iv) of this section readily reveals the reason. In no event shall an offeror’s cost breakdown, profit, overhead rates, trade secrets, manufacturing processes and techniques, or other confidential business information be disclosed to any other offeror.

https://www.acquisition.gov/far/part-19#FAR_Subpart_19_5 https://www.acquisition.gov/far/part-19#FAR_19_1305 https://www.acquisition.gov/far/part-19#FAR_19_1307 https://www.acquisition.gov/far/part-19#FAR_19_1405 https://www.acquisition.gov/far/part-19#FAR_19_1505 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

4 | 3 P a g e s

4. Price Reasonableness. The proposed prices will be evaluated for price reasonableness. Normally, price reasonableness is established through adequate price competition; however, with the trend of defaults with DoD contracts due to unreasonable offerors the Govt has the right to reject unreasonable offerors and enforce the terms of a Firm-Fixed Price contract type agreement. Unreasonable offerors occurs when the offerors’ price is significantly overstated or understated considering factoring today’s market conditions and past prices paid.

5. Balance. The Government may also determine a proposal unacceptable if the unit prices are unbalanced and unreasonable among the CLINs. Unbalanced pricing exists when the price of one or more items/Contract Line Item Numbers (CLINs) is significantly overstated or understated compared to other CLIN(s).

6. Determination of Adequate Price Competition – Basis of Award. For acquisition set-aside to small businesses, such as this acquisition, the basis of award shall be IAW 19.202-6 Determination of fair market price, "(a) The fair market price shall be the price achieved in accordance with the reasonable price guidelines in 15.404-1(b)”, Price Analysis, unless:

(1)“Unless an exception from the requirement to obtain certified cost or pricing data applies under 15.403- 1(b)(1)”, “When the contracting officer determines that prices agreed upon are based on adequate price competition” as prescribed in “15.403-1(c), Standards for exceptions from certified cost or pricing data requirements—

(1) Adequate price competition. (i) A price is based on adequate price competition when—

(A) Two or more responsible offerors, competing independently, submit priced offers that satisfy the Government’s expressed requirement;

(B) Award will be made to the offeror whose proposal represents the best value (see 2.101) where price is a substantial factor in source selection; and

(C) There is no finding that the price of the otherwise successful offeror is unreasonable. Any finding that the price is unreasonable must be supported by a statement of the facts and approved at a level above the contracting officer.

(2) (i) Comparison of proposed prices received in response to the solicitation. Normally, adequate price competition establishes a fair and reasonable price (see 15.403-1(c)(1)).

SECTION C. AWARD.

1. Contract Award Schedule. The contract is scheduled for award within 30 days after the solicitation closes;

however, if the TEP maximum IDIQ exceeds $5M additional clearances are required. In this case the contract will be scheduled for award within 60 days after the solicitation closes.

2. Award shall be made on All or None basis.

3. Award Without Discussions. The Government intends to award a single 5 year IDIQ without discussions to a responsible WOSB/EDWOSB offeror with the lowest TEP as the potential awardee. The Government however, reserves the right to conduct discussions if deemed in the Government’s best interest. Clarifications are limited exchanges between the agency and offerors that may occur when contract award without discussions is contemplated; an agency may, but is not required to, engage in clarifications that give offerors an opportunity to clarify certain aspects of proposals or to resolve minor or clerical errors IAW FAR 15.306(a). The agency has broad discretion to decide whether to engage in clarifications with an offeror. Clarifications cannot be used to cure deficiencies or omissions in a proposal or otherwise revise a proposal.

4. Awardee - Determination of Responsibility to Receive DoD Contract IAW FAR 9.1. After Only DoD contracts determined responsible are authorized to receive the award per FAR 9.1, Responsible Prospective Contractors. In order to determine if the potential awardee is responsible the Contracting Officer will review the offeror’s responses to the DoD Contractor Responsibility Questionnaire provided with the solicitation as well as query the Govt’s systems https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-15#FAR_15_403_1

5 | 3 P a g e s and seek the customer’s feedback and record. If the potential awardee is determined not responsible the Contracting Officer shall hold off on award to the next lowest priced responsible offeror and refer the matter to the Small Business Administration for a Certificate of Competency determination in accordance with the procedures contained in subpart 19.6 and 15 U.S.C.637(b)(7).

SECTION D. PRE-AWARD NOTICES TO SMALL BUSINESSES NOT SELECTED.

1. The notice shall be issued IAW 15.503(a), Notification to Unsuccessful Offerors, “(1) Preaward notices of exclusion from competitive range. The contracting officer shall notify offerors promptly in writing when their proposals are excluded from the competitive range or otherwise eliminated from the competition.

The notice shall state the basis for the determination and that a proposal revision will not be considered.

(2) Preaward notices for small business programs.

(i) In addition to the notice in paragraph (a)(1) of this section, the contracting officer shall notify each offeror in writing prior to award and upon completion of negotiations and determinations of responsibility-

(A) When using a small business set-aside (see subpart 19.5);

(B) When using the HUBZone procedures in 19.1305 or 19.1307;

(C) When using the service-disabled veteran-owned small business procedures in 19.1405; or

(D) When using the Women-Owned Small Business Program procedures in 19.1505.

(ii) The notice shall state-

(A) The name and address of the apparently successful offeror;

(B) That the Government will not consider subsequent revisions of the offeror’s proposal; and

(C) That no response is required unless a basis exists to challenge the size status or small business status of the apparently successful offeror (e.g., small business concern, small disadvantaged business concern, HUBZone small business concern, service-disabled veteran-owned small business concern, economically disadvantaged women-owned small business concern, or women-owned small business concern eligible under the Women-Owned Small Business Program).

SECTION E. POST AWARD NOTICES.

1. Successful Offeror. IAW 15.504, Award to successful offeror, “The contracting officer shall award a contract to the successful offeror by furnishing the executed contract or other notice of the award to that offeror.” (a) If the award document includes information that is different than the latest signed proposal, as amended by the offeror’s written correspondence, both the offeror and the contracting officer shall sign the contract award.

2. Unsuccessful Offeror. IAW FAR 15.503(b)(1) “Within 3 days after the date of contract award, the contracting officer shall provide written notification to each offeror whose proposal”…”was not selected for award ( 10 U.S.C.2305(b)(5) and 41 U.S.C.3704)”. The notice shall include-

(i) The number of offerors solicited;

(ii) The number of proposals received;

(iii) The name and address of each offeror receiving an award;

(iv) The items, quantities, and any stated unit prices of each award. If the number of items or other factors makes listing any stated unit prices impracticable at that time, only the total contract price need be furnished in the notice. However, the items, quantities, and any stated unit prices of each award shall be made publicly available, upon request; and https://www.acquisition.gov/far/part-19#FAR_Subpart_19_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_5 https://www.acquisition.gov/far/part-19#FAR_19_1305 https://www.acquisition.gov/far/part-19#FAR_19_1307 https://www.acquisition.gov/far/part-19#FAR_19_1405 https://www.acquisition.gov/far/part-19#FAR_19_1505 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

6 | 3 P a g e s

(v) In general terms, the reason(s) the offeror’s proposal was not accepted, unless the price information in paragraph (b)(1)(iv) of this section readily reveals the reason. In no event shall an offeror’s cost breakdown, profit, overhead rates, trade secrets, manufacturing processes and techniques, or other confidential business information be disclosed to any other offeror.