000 - 21R3429 Solicitation_072021.pdf

INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) PARTIAL SMALL BUSINESS SET-ASIDE FOR CONSTRUCTION SERVICES TO INCLUDE DEMOLITION, REPAIR OR REPLACEMENT OF VARIOUS BOILERS AND RELATED SYSTEMS AND COMPONENTS AT VARIOUS FACILITIES LOCATED WITHIN THE COGNIZANCE OF MARINE CORPS BASE (MCB) CAMP PENDLETON (CP) AND NAVAL WEAPONS STATION SEAL BEACH (NWS SB) FALLBROOK DETACHMENT, CALIFORNIA

A MINIMUM OF TWO IF THE CONTRACTS WILL BE AWARDED TO SMALL BUSINESS CONCERNS.

NAICS: 238220 Size Standard: $16.5 Million Maximum dollar amount for all contracts combined is $20,000,000.

Estimated Task Order range is $100,000 to $3,000,000 Minimum Guarantee is $5,000

Offerors must demonstrate a minimum aggregate bonding capacity of $20 million to allow for the management of multiple, concurrent projects at the higher dollar magnitude w ithin the task order price range.

Construction Contract – Net 14 days for payment (FAR 52.232-27)

KELLEE M KRAUSE (760)725-8240

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

20-Jul-2021

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________240 calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

NAVFAC SOUTHWEST

CAMP PENDLETON FEAD/CODE ROPCN

MARINE CORPS BASE CAMP PENDLETON

PO BOX 555229 BLDG 22101

CAMP PENDLETON CA 92055-5229

N62473

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

N6247321R3429 159

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N6247321R3429

Section 00 00 00 - Procurement and Contracting Requirements

P & C REQUIREMENTS

SECTION 00 00 00

PROCUREMENT AND CONTRACTING REQUIREMENTS

1. GENERAL OVERVIEW OF MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)

A Multiple Award Construction Contract is a contract awarded from a single solicitation, and may result in award to multiple contractors. This procurement will consist of one solicitation with the intent to award three or more Indefinite Delivery Indefinite Quantity (IDIQ) Construction Contracts to the Offeror(s) whose proposal(s), conforming to the RFP, will be most advantageous to the Government resulting in the Best Value, price and other non-price related factors considered. A minimum of two of these contracts will be awarded to small businesses. The Government reserves the right to award only one contract covering the project identified in the RFP if the minimum guarantee of funds is not available for three or more awards.

The Government reserves the right not to award the Proposed Task Order X001. The Government reserves the right to substitute or add other design-build projects that meet the scope of the MACC.

2. CONTRACT TYPE

This is an indefinite delivery indefinite quantity (IDIQ) contract with no pre-established fixed contract prices. The actual amount of work to be performed and the time of such performance will be determined by a Contracting Officer, who will issue written Task Orders to the contractor. Award of Task Orders will be on a firm fixed price basis. This is not a requirements contract.

3. SET-ASIDE: This contract is a combined small business set-aside and unrestricted full and open procurement.

4. NAICS CODE: 238220 Size Standard $16.5 million applies to this general construction contract.

5. DESCRIPTION OF WORK:

The work to be acquired under this contract is construction services to include demolition, repair or replacement of various boilers and related systems and components within the NAICS code listed, by design-build or by design-bid-build, of general building construction projects at various facilities within the cognizance of Marine Corps Base (MCB) Camp Pendleton (CP), and Naval Weapons Station Seal Beach (NWS SB) Fallbrook Detachment, California. However, it is anticipated that the majority of the work will be performed on Camp Pendleton.

Types of projects may include, but are not limited to: administration buildings, armories, auditoriums, Bachelor Enlisted Quarters (BEQs), child care centers, fire stations, gymnasiums, hangars, hospitals, maintenance/repair facilities, warehouses, and other similar facilities.

In support of design-build strategies, each Offeror shall possess in-house capabilities or employ the services of Lead Architect-Engineering (A-E) Design Firm(s) experienced in the design development and coordination of projects within the scope of this contract. In an effort to avoid a potential conflict of interest, Offerors are encouraged to offer multiple design teams to satisfy a variety of project types projected to be awarded during the term of the contract(s). The Offeror and the proposed Lead Design Firm(s) for the basic contract(s) will be evaluated as a team. Lead A-E Design Firm(s), their subsidiaries and affiliates that are involved at the RFP or design stage of a particular project under another contract will not be allowed to propose or be used on a Task Order for that project under this contract. All professional disciplines shall be registered and/or certified in their discipline. In any state requiring specialized knowledge of local permitting or regulatory agency requirements, the professional discipline shall be registered or certified in that state.

6. CONTRACT DURATION, LIMITS, AND AMOUNTS

a. Term of contract: Each of the resulting contracts will be for a base period of one (1) year (or less, as determined by the Contracting Officer if the maximum contract amount is ordered by the Government).

b. Options: Each contract contains four (4) one (1)-year option periods for a total maximum duration of five (5) years or estimated maximum dollar value (see paragraph c. below), whichever occurs first. The Government has the option to extend the term of the contract in accordance with the contract clause entitled “Option to Extend the Term of the Contract, FAR 52.217-9.” The Government may extend the contract for up to one (1) one (1)-year option period by written notice to the contractor within the performance period specified in the Schedule, provided that the Government will give the contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

c. Amounts: The estimated maximum dollar value, including the base and option periods, for all contracts combined is $20,000,000.00.

d. Task Order Limitations: Estimated Task Order range is between $100,000 and $3,000,000. Task Orders may fall below or above this limit; however, contractors are not obligated to accept such Task Orders under the general terms of the contract.

e. Minimum Guarantee: The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered, however, during the term of the contract, a minimum of $5,000 is guaranteed to each awardee. Contractors are not guaranteed work in excess of the minimum guarantee specified herein.

7. PERFORMANCE OF WORK/LIMITATIONS ON SUBCONTRACTING: All work under this contract shall be in accordance with Code of Federal Regulations, Title 13, Part 121--Small Business Size Regulations, Part 124--8(A) Business Development/Small Disadvantaged Business Status Determinations, Part 125--Government Contracting Programs, and Part 126--HUBZone Program; and FAR Part 19--Small Business Programs and Part 36--Construction and Architect-Engineer Contracts, as applicable.

a. Total 8(a) (including Joint Venture/Mentor Protégé) Set-Aside: In the case of a contract for general construction, in accordance with FAR Clause 52.219-14, Limitation on Subcontracting, the prime contractor will perform at least 15 percent of the cost of the contract with its own employees (not including the cost of materials). In the case of a contract for construction by special trade contractors, the prime contractor will perform at least 25 percent of the cost of the contract with its own employees (not including the cost of materials). If the prime contractor is an 8(a) joint venture or Mentor Protégé, performance of work is as follows: For any 8(a) contract, including those between mentors and protégés authorized by 13 CFR Sec. 124.520, the joint venture must perform the applicable percentage of work required by 13 CFR Sec. 124.510, and the 8(a) partner(s) to the joint venture must perform at least 40% of the work performed by the joint venture (see 13 CFR Sec. 124.513).

Indefinite quantity contracts: 13 CFR Sec. 124.510 applies as follows: (c)(1) In order to ensure that the required percentage of costs on an indefinite quantity 8(a) award is performed by the Participant, the Participant must demonstrate semiannually that it has performed the required percentage to that date. For a service or supply contract, this does not mean that the Participant must perform 50 percent of the applicable costs for each Task Order with its own force, or that a Participant must have performed 50 percent of the applicable costs at any point in time during the contract’s life. Rather, the Participant must perform 50 percent of the applicable costs for the combined total of all Task Orders issued to date at six-month intervals. (2) Where there is a guaranteed minimum condition in an indefinite quantity 8(a) award, the required performance of work percentage need not be met on Task Orders issued during the first six months of the basic contract period. In such a case, however, the percentage of work that a Participant may further contract to other concerns during the first six months of the contract may not exceed 50 percent of the total guaranteed minimum dollar value to be provided by the contract. Once the guaranteed minimum amount is met, the general rule for indefinite quantity contracts set forth in paragraph (c)(1) of this section applies

b. Total HUBZone Set-Aside: In the case of a contract for general construction, in accordance with FAR Clause 52.219-3, Notice of HUBZone Set-Aside or Sole Source, at least 15% of the cost of contract performance to be incurred for personnel will be spent on the HUBZone prime contractor’s employees; at least 50% of the cost of the contract performance to be incurred for personnel will be spent on the HUBZone prime contractor’s employees or on a combination of the HUBZone prime contractor’s employees and employees of HUBZone small business concern subcontractors; and no more than 50% of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or in the case of a contract for construction by special trade contractors, at least 25% of the cost of contract performance to be incurred for personnel will be spent on the HUBZone prime contractor’s employees; at least 50% of the cost of the contract performance to be incurred for personnel will be spent on the HUBZone prime contractor’s employees or on a combination of the HUBZone prime contractor’s employees and employees of HUBZone small business concern subcontractors; and no more than 50% of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns. If the concern is a HUBZone joint venture: The aggregate of the HUBZone small business participants to the joint venture, not each participant separately, must perform the applicable percentage of work required by 13 CFR Sec. 125.6.

c. Total Service-Disabled Veteran-Owned Small Business Set-Aside: In the case of a contract for general construction, in accordance with FAR Clause 52.219-27, Notice of Service-Disabled Veteran- Owned Small Business Set-Aside, at least 15% of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other service-disabled veteran-owned small business concerns. In the case of a contract for construction by special trade contractors, at least 25% of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other service-disabled veteran-owned small business concerns. A service-disabled veteran-owned small business joint venture must perform the applicable percentage of work required by 13 CFR Sec. 124.510.

d. Combined HUBZone and Service-Disable Veteran-Owned Small Business Set-Aside:

Performance of work/limitations on subcontracting shall be in accordance with FAR Clauses 52.219-3, Notice of HUBZone Set-Aside or Sole Source, and 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside, and Title 13, CFR Parts 125 and 126 as they apply to the individual concern.

e. Total Small Business Set-Aside: In the case of a contract for general construction, in accordance with FAR Clause 52.219-14, Limitation on Subcontracting, at least 15% of the cost of contract performance incurred for personnel will be spent on the concern's employees (not including the costs of materials). In the case of a contract for construction by special trade contractors, at least 25% of the cost of contract performance incurred for personnel will be spent on the concern's employees (not including the costs of materials).

f. Unrestricted procurements: As stated in FAR Clause 52.236-1, Performance of Work by the Contractor, the awardee(s) shall perform on the site and with its own organization, work equivalent to at least twenty percent (20%) of the total amount of work to be performed under the contract.

8. SUBCONTRACTING PLAN

Any large business required to submit a Subcontracting Plan in accordance with FAR 19.7 will compile a consolidated report at least semi-annually or when directed by the Contracting Officer when data is required for reporting purposes. Reporting responsibilities shall be in accordance with FAR Clause 52.219- 9, Small Business Subcontracting Plan with Alternate II. Submit the Individual Subcontract Report (ISR) and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) at http://esrs.gov, following the instructions in the eSRS.

9. WORK BY THE GOVERNMENT

The Government reserves the right to undertake performance by Government forces, for the same type or similar work as contracted herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

10. COMMENCEMENT OF WORK

No work under this contract will commence until such time as the Contracting Officer issues a Task Order, either in writing or orally. Oral Task Orders will be confirmed by the issuance of a written Task Order within five working days.

11. PLACE OF PERFORMANCE

The place of performance will be designated on each individual Task Order.

12. PROPOSAL PREPARATION COSTS

The costs for preparation of Task Order proposals, if required under this contract, shall be the responsibility of the contractor and not directly reimbursable. Each Task Order awarded will include at a minimum all labor wages, management, supervision, mobilization, material, and equipment costs. The contractor shall furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirements of the Task Order.

13. DEFINITIONS

Where “as shown,” “as indicated,” “as detailed,” or words of similar importance are used, it shall be understood that reference to the drawings accompanying this specification is made unless stated otherwise.

Where “as directed,” “as required,” “as permitted,” “approved,” “acceptance,” or words of similar importance are used, it shall be understood that the direction, requirements, permission, approval, or acceptance of the Contracting Officer is intended unless stated otherwise. As used herein, “provided” shall be understood to mean “provided complete in place,” that is “furnished and installed.”

14. BUY AMERICAN PROVISIONS

The following Buy American provisions should be included in the task order RFP. Use the FAR prescriptions for each provision to determine which apply to the specific task order based on the dollar value.

FAR Clause 52.225-9, Buy American--Construction Materials and FAR Clause 52.225-10, Notice of Buy American Requirement--Construction Materials.

FAR Clause 52.225-11, Buy American--Construction Materials under Trade Agreements and FAR Clause 52.225-12, Notice of Buy American Requirement--Construction Materials under Trade Agreements.

FAR Clause 52.225-11, Buy American--Construction Materials under Trade Agreements with Alternate I and FAR Clause 52.225-12, Notice of Buy American Requirement--Construction Materials under Trade Agreements with Alternate II.

15. BID BOND

For each Task Order (over $150,000) placed on the MACC, the contractor shall furnish a bid guarantee in the amount of 20% of the proposal price or $3,000,000, whichever is less.

16. PERFORMANCE AND PAYMENT BONDS

Performance and payment bonds in the amount of 100% (unless otherwise stipulated on the individual Task Order) will be required for each Task Order and shall be submitted for approval to the Contracting Officer within 15 days (unless otherwise stipulated on the individual Task Order) of award of a Task Order.

Commencement of construction is contingent upon approval of required bonds.

17. REQUIRED INSURANCE

a. Within fifteen days after award of each Task Order under this contract, the contractor(s) shall furnish the Administrative Contracting Officer a Certificate of Insurance as evidence of the existence of the following insurance coverage amounts not less than the amount specified below in accordance with FAR Clause 52.228-5, Insurance – Work on a Government Installation.

COVERAGE:

- Comprehensive General Liability: $500,000 per occurrence

- Automobile Liability: $200,000 per person, $500,000 per occurrence for bodily injury; $20,000 per occurrence for property damage

- Workmen’s Compensation: As required by Federal and State Worker’s compensation and occupational disease laws

- Employer’s Liability Coverage: $100,000 except in states where worker’s compensation may not be written by private carriers

- Others as required by state law

b. Above insurance coverages are to extend to contractor personnel operating Government owned equipment and vehicles.

c. The Certificate of Insurance shall provide for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned “Insurance” clause.

18. CONSTRUCTION WAGE REQUIREMENTS STATUTE WAGE DETERMINATIONS

Applicable Construction Wage Rate Requirements statute (formerly known as the Davis-Bacon Act) general wage determinations (FAR 22.404-1) will be required for Task Orders awarded under this contract and will be incorporated into the Task Orders. Each Task Order will specify the applicable wage determination; however, the contractor shall be responsible for obtaining them. The applicable Construction Wage Rate Requirements Statute general wage determination can be obtained from the website at http://www.wdol.gov/.

19. DRAWINGS

All drawings, if applicable, accompanying Task Orders will be considered to be a part of the scope of work.

20. TASK ORDER PERFORMANCE PERIOD

FAR Clause 52.211-10, Commencement, Prosecution, and Completion of Work, will be incorporated into each Task Order identifying the construction schedule. The Government reserves the right to negotiate a Task Order’s performance period if determined to be in the best interest of the Government.

21. LIQUIDATED DAMAGES

FAR Clause 52.211-12, Liquidated Damages – Construction, will be incorporated into the resultant Task Order identifying the liquidated damages rate applicable to that Task Order. If the contractor fails to complete the work within the time fixed in the Task Order or any extension thereof, the contractor shall pay to the Government as liquidated damages for each Task Order, the rate cited in the Task Order.

22. PREAWARD SITE INSPECTIONS

Upon receipt of the scope of work, including applicable drawings, and following a brief time period for reviewing the documents, the contractor shall inspect the job site. The prospective superintendent shall attend the site visit. Any deficiencies, conflicts, or other areas of concern existing in the scope of work and applicable drawings should be brought to the attention of the Contracting Officer, in writing. The contractor shall also notify the Contracting Officer, in writing, upon observing any features in the design that appear to be ambiguous, confusing, conflicting, or erroneous.

23. SUPERVISION

The contractor shall provide supervision in accordance with FAR Clause 52.236-6, Superintendence by the Contractor, for each Task Order.

24. SUBCONTRACTING RESPONSIBILITIES

The contractor shall be responsible for the management and performance of all subcontractors. The contractor shall ensure subcontractors are competent and capable of handling all assigned work. The contractor shall ensure Task Orders are completed within the stated requirements.

The contractor is responsible for ensuring subcontracting opportunities are made available to responsible small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

25. NOTICE OF CONSTRUCTIVE CHANGES

No order, statement, or direction of the Contracting Officer, an authorized representative of the Contracting Officer whether or not acting within the limits of his authority, or any other representative of the Government, shall constitute a change order under the “Changes” clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the Contracting Officer.

26. PAYMENTS – WAWF

Invoicing procedures will be as stated in Section 01 20 00.00 20, Price and Payment Procedures or in Section 01 20 00.05 20, Price and Payment Procedures for Design-Build. Percentage of performance payments will be processed through the designated Administrative Contracting Officer. In accordance with DFARS Clause 252.232-7003 titled “Electronic Submission of Payment Requests and Receiving Reports,” this contract requires use of the DoD Wide Area WorkFlow (WAWF) Receipt and Acceptance system for the submission of invoices. Submittal information is included in DFARS Clause 252.232-7006 titled “Wide Area WorkFlow Payment Instructions” of the individual Task Order award document.

27. PROJECT KICKOFF MEETING

Prior to commencing work under a Task Order, the contractor shall meet with the Administrative Contracting Officer and/or designated technical personnel at a mutually agreeable time to discuss and develop mutual understandings concerning schedule and administering work.

28. OVERHEAD RATES FOR CONSTRUCTION CONTRACTS

In an effort to avoid problems during negotiations, it is imperative that contractors are aware that they must consistently use a single distribution base for computing job site overhead. A contractor must use either a per diem rate or a percentage mark-up to compute job site overhead costs on all changes. In accordance with Federal Acquisition Regulation (FAR) 31.105(d)(3), “Cost incurred at the job site incidental to performing the work, such as the cost for superintendence, timekeeping and clerical work, engineering, utility costs, supplies, material handling, restoration and cleanup, etc., are allowable as direct or indirect costs, provided the accounting practice used is in accordance with the contractor’s established and consistently followed cost accounting practices for all work.”

In addition, FAR 31.203, “Indirect costs”, subparagraph (b), requires grouping of indirect costs “so as to permit distribution of the grouping on the basis of the benefits accruing to the several cost objectives,” and then selection of “a distribution base common to all cost objectives to which the grouping is to be allocated.” The reference to a “distribution base” requires use of a single distribution base for allocating a given overhead pool to cost objectives. “A contractor may choose any acceptable distribution base for allocating its job site overhead pool to particular cost objectives, but not more than one.”

Switching between a time distribution base (per diem rate) and a direct cost distribution base (percentage markup) will not be allowed as it is considered a violation of the FAR requirements for a single distribution base for allocating a given overhead pool, as well as Generally Accepted Accounting Principles (GAAP), which are consistently applied.

29. PARTNERING

Partnering is a structured process, as well as philosophy of doing business with contractors and customers that recognizes common goals through communication and teamwork. It helps create an environment where trust and teamwork prevent disputes, foster good working relationships to everyone’s benefit, and facilitate the completion of a successful contract. In support of the command’s goals of teamwork and customer satisfaction, our policy is to practice the philosophy of Partnering on every contract we administer. The contractor’s key personnel may be required to attend formal partnering for the basic contract. In addition, formal partnering may be required prior to and/or during performance of an individual Task Order, if determined necessary by the Government. Key personnel are defined as the Project Manager, Assistant Project Manager, Superintendent, CQC representative, major subcontractors, and specialized supplementary personnel. The contractor shall pay all costs associated with the partnering effort. The participants shall bear their own costs for meals, lodging, and transportation associated with partnering.

30. PERFORMANCE EVALUATIONS

The Administrative Contract Office will complete a contractor’s performance evaluation for input into the Contractor Performance Assessment Reporting System (CPARS) database. The evaluation will take into account all aspects of the contractor’s performance. Interim performance evaluations may be completed at any time the contractor’s performance is considered less than satisfactory or to provide feedback on the design portion of a design-build Task Order. Contractors will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation. The negative performance evaluations will have an impact on the award of future Task Orders. The contractor shall request a performance evaluation prior to final invoice and closeout to keep for future proposal submissions.

Contractor’s performance will be evaluated using the respective contractor performance evaluation report entry system located on the website http://www.cpars.gov/. Prior to commencement of work the contractor is required to provide the government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the government in the appropriate system. It is the contractor’s responsibility to keep this contact information current.

31. EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY)

Statutes and Executive orders require employers to abide by the immigration laws of the United States and to employ in the United States only individuals who are eligible to work in the United States. In accordance with FAR Clause 52.222-54, Employment Eligibility Verification, this contract requires the use of E-Verify which provides an Internet-based means of verifying employment eligibility of workers employed in the United States, but is not a substitute for any other employment eligibility verification requirements.

CONTRACT ADMINISTRATION

CONTRACT ADMINISTRATION DATA

1. IDENTIFICATION OF PROCURING CONTRACTING OFFICER/ORDERING OFFICER

The Procuring Contracting Office (PCO) is located at the NAVFAC Southwest, Facilities Engineering and Acquisition Division (FEAD) Acquisition Branch, Camp Pendleton, Building 22101, 9th Street, Camp Pendleton, California, 92055-5229. Overall administration of the basic contract will be the responsibility of the office. The PCO is responsible for the contract in its entirety and possesses complete authority to modify the terms of the basic contract. NAVFAC Southwest Contracting Officers and authorized ordering officers/individuals designated in writing will be responsible for ordering and administration of the individual Task Orders. The terms “Contracting Officer” and “Ordering Officer” may be used interchangeably when referring to individual Task Orders. All correspondence for the basic contract shall be addressed to the PCO and shall include the contract number assigned.

2. ADMINISTRATIVE CONTRACTING OFFICERS

Administrative Contracting Officers (ACO) will be designated, in writing, upon award of individual Task Orders.

These individuals may include the Resident Officer In Charge of Construction (ROICC), Facilities Engineering Acquisition Division (FEAD), and Contracting Officer located where the work is to be accomplished.

These individuals will be responsible and possess the authority to act on behalf of the Government with respect to the specific Task Order.

All post award/administrative correspondence, i.e., insurance, California Preliminary Notices, etc., shall be addressed to the ACO for the specific Task Order to which it relates. Additionally, all correspondence and Task Orders/modifications, etc. shall include both the Task Order number and the Proposed Task Order (PTO) number as applicable.

3. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR for the basic contract functions as the technical representative of the Contracting Officer in the administration of the basic contract, providing technical direction and discussion as necessary, with respect to the specifications or statement of work, and monitoring the performance of work under the contract.

The Contracting Officer hereby designates the following individual as COR for the basic contract:

Name: Bryan D. Sayres, Construction Representative Mailing Address: AC/S Facilities

ATTN: PWO/FSC

Marine Corps Base, Box 555013

Camp Pendleton, California 92055-5013 Phone Number: (760) 622-8806 Email Address: bryan.sayres@usmc.mil

The COR for each Task Order will be designated, in writing, upon award of individual Task Orders. Each Task Order COR functions as the technical representative for the administration of the individual Task Order and provides technical direction as necessary, with respect to the specifications or statement of work for the Task Order.

Each Task Order COR will monitor the performance of the work on assigned Task Orders.

CORs are not authorized to take any action, either directly or indirectly, that could result in a change in the pricing, quantity, quality, place of performance, delivery schedule, or other terms and conditions of the basic contract or Task Orders, or to direct the accomplishment of efforts which would exceed the scope of the basic contract or Task Orders.

If the contractor believes that a COR’s interpretation of specifications is erroneous, the contractor shall notify the responsible Contracting Officer in writing of this position.

4. OMBUDSMAN

The Task and Delivery Order Ombudsman for the Department of the Navy (DoN) is the Deputy Assistant Secretary of the Navy – Acquisition and Procurement (DASN (AP)). The Ombudsman is responsible for reviewing complaints from contractors and ensuring that all contractors are afforded a fair opportunity to be considered for award of Task Orders, in accordance with the requirements of the contract. The DASN (AP) is located at 1000 Navy Pentagon, Washington, DC 20350-1000; phone: (703) 614-9600; fax: (703) 614-9394;

and email: NCAG@navy.mil.

TASK ORDER ISSUANCE

TASK ORDER ISSUANCE PROCEDURES

If this contract contains multiple awardees, the issuance procedures stated herein are applicable.

1. GENERAL

a. When the Government requires work under the contract, a Request for Quote (RFQ) or Request for Proposal (RFP) will be issued as appropriate. RFQ/RFP will normally be issued electronically by email but may be placed via mail, telephone, facsimile, or other electronic means.

b. Task Orders will be awarded on DD Form 1155 (Order for Supplies or Services). Task Orders will be placed in a sequential numbering system, which relate back to the basic contract number and the assigned Proposed Task Order (PTO) Number.

c. The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs, except as authorized by duly executed Task Orders.

d. Each Task Order shall include as a minimum:

(i) Date of order.

(ii) Contract number and order number.

(iii) Contract item number and description, quantity, and unit price or estimated cost.

(iv) Delivery or performance schedule.

(v) Place of performance.

(vi) Any packaging, packing, and shipping instructions.

(vii) Accounting and appropriation data.

(viii) Method of payment and payment office.

e. Modifications to Task Orders will be issued on Standard Form (SF) 30.

f. Each Contractor is required to submit a reasonable number of good faith proposals for PTOs.

Contractors are not obligated to propose on all Task Orders; however, they are required to contact the Contracting Officer at least two days prior to the site visit if they cannot participate in the walk through, or within five days of the proposal due date if they cannot submit an offer. Failure to provide this notification may impact future consideration for PTOs and exercise of an option.

g. In accordance with FAR 16.505(a)(10), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract; or a protest of an order valued in excess of $25,000,000.

2. COMPETITION

a. Competition for issuance of Task Orders is limited to those awardees under this contract. This requirement is being competed as an unrestricted full and open procurement in order to best meet requirements of MCB Camp Pendleton. All task order issued under this contract under the dollar amount of $500,000.00 shall be competed only among Small Business MACC holders. All task orders issued under this contract with a dollar amount greater than $500,000.00 shall be competed among the entire MACC holder pool. All awardees will be given a fair opportunity to be considered for each Task Order in accordance with the criteria as stated above. Upon determining the need to issue a Task Order, all awardees will be considered equally against the stated criteria. In the case of a task order in excess of $5,000,000, the requirements to provide all contractors a fair opportunity to be considered under 10 U.S.C. Sec. 2304c(b) is not met unless all such contractors are provided, at a minimum, a notice of the task order that includes a clear statement of the agency’s requirements; a reasonable period of time to provide a proposal in response to the notice; disclosure of the significant factors and subfactors, including cost or price, that the agency expects to consider in evaluating such proposals, and their relative importance; in the case of an award that is to be made on a best value basis, a written statement documenting the basis for the award and the relative importance of quality and price or cost factors; and an opportunity for a post-award debriefing consistent with the requirements of section 2305(b)(5) of Title 10, United States Code.

b. Unless one of the exceptions noted below applies, each Task Order will be awarded, as a result of competition to the contractor whose offer is the most advantageous to the Government considering the criteria specified.

c. The Contracting Officer reserves the right to make award of a Task Order without competition based upon:

(1) One of the circumstances described below:

(i) The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays;

(ii) 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;

(iii) The order must be issued on a sole-source basis in the interest of economy and efficiency as 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; or

(iv) It is necessary to place an order to satisfy a minimum guarantee; or

(v) 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 part 19 apply.

(2) A statute expressly authorizes or requires that the purchase be made from a specific source.

3. REQUIREMENT FOR PROPOSALS

a. Task Orders will be firm fixed price with a specific completion date or performance period and clearly define the specific services to be performed or the performance desired. When Options are included in the Schedule, the Task Order will specify the number of days after award for exercising the Options. Each Task Order will contain applicable clauses and provisions. All Task Orders are subject to the terms and conditions of this contract. In the event of conflict between a Task Order and this contract, the contract will control, except as otherwise noted in the contract documents. The Government reserves the right to incorporate additional clauses, as appropriate, into individual Task Order solicitations and awards.

b. Task Orders may be awarded on the basis of price only or Best Value. The two best value source selection approaches are lowest price technically acceptable (LPTA) or Tradeoff process. As a minimum, price shall be evaluated on all MACC Task Orders. Past Performance on earlier MACC Task Orders should be considered in all award decisions. The basis for award will be stated in the PTO.

(1) Tradeoff process is the preferred method for design-build requirements.

(2) LPTA should be considered for design-bid-build requirements and for design-build requirements where there is a facility UFC requirement (e.g., CDC) that provides descriptive design requirements. If LPTA is used, the selected evaluation factor(s) should not duplicate what was used to select contractors for the MACC, but should be specific to the project. For any concerns on how a MACC was procured, contact the Contracting Officer’s Representative (COR) for the basic contract.

(3) For non-complex design-bid-build or design-build requirements with a value of less than $10 million and that do not necessarily require a technical factor, the Contracting Officer may choose to consider only price for award purposes. Price only should be used sparingly and only if a project is not complex. In addition, if the project is design-build and utilizes a MACC that did not evaluate a design firm, low price should not be used.

c. Whenever possible, award will be made without discussions. If discussions are required, each contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

d. Task Order projects may be non-complex performance oriented tasks requiring minimal design, may be complex construction requiring design development for design-build construction, or a combination thereof.

Projects will be varying in size and complexity. The Task Orders may be written based on a Government/Contractor Team cooperative scoping of the work in order to develop a mutually agreed upon Statement of Work. The Task Order may or may not have traditional plans and specifications but may include sketches, requests for catalog cuts, and other submittals.

e. Price: Each PTO will indicate the detail of pricing information to be provided. Normally, a competitive PTO will require only a lump sum or unit price offer, but the Contracting Officer reserves the right to obtain a more detailed cost breakdown of labor, materials, equipment, overhead, and profit at any time. In case of discrepancy between a unit price/cost and an extended price/cost, the unit price/cost will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

f. Technical proposals, if required, may address one or more of the following factors:

- Design

- The contractor’s technical understanding of the work

- The most efficient and effective plan to accomplish the work

- Rationale for proposed materials, type and quantities

- Key Personnel/Major Subcontractor

- Sustainable design features

- Total ownership costs

g. Oral presentations may be used to substitute for, or augment, written information and are subject to the same restrictions as written information.

h. Design Build Task Order: An RFP may be issued with the Target Award Amount/Contract-to-Budget Amount for design and construction along with, but not limited to, a Statement of Work, Design Criteria and or concept design. The contractors may be requested to submit a concept design along with a price proposal. Task Orders will be issued with a firm fixed price for design and construction. It is the Contractor’s responsibility to design the project so that it can be constructed within the fixed price contract value. Failure to do so is at the Contractor’s risk.

4. SELECTION CRITERIA

One or more of the following criteria in addition to Price or Cost may be considered when contractors compete for award of a Task Order:

(a) Experience

(b) Safety

(c) Technical Solution

(d) Energy and Sustainable Design

(e) Past Performance

5. RATING SCHEME AND DEFINITIONS:

If Best Value Tradeoff Process or Lowest Price Technically Acceptable Process is used to award a Task Order, the rating scheme and definitions will be specified in the Task Order RFP.

NAVFAC LANGUAGE

NAVFAC LANGUAGE

(MAR 2019)

1. AUTHORITY

1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

(a) An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

(b) A purported modification or change order issued by anyone other than the Contracting Officer;

(c) A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or

(d) An order, direction, consent, or permission from anyone other than the Contracting Officer to:

(i) Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or

(ii) Expend hours in excess of a specified level of effort.

(End of NAVFAC language)

2. PHASED CONSTRUCTION SCHEDULE *

Within the overall project schedule, commence and complete the work in phases. Complete each phase of the work within the number of days stated in the following schedule:

a. Schedule start day: The day designated as the beginning of a particular phase; the number listed is the number of days from the award of contract.

b. Completion day: The day designated as the end of a given phase and the day the work in that phase must be completed; the number listed is the number of days from the award of the contract.

c. Schedule:

Phase Description Schedule Start Day Completion Day A [________] [______] [________]

B [________] [______] [________] C Completion of remaining [______] [________]

[If applicable, Contracting Officer to insert start and completion day for each phase. The completion day of the last phase must be the same number as indicated in FAR 52.211-10, Commencement, Prosecution, and Completion of Work.]

d. If the work of a particular phase is complete and accepted before the scheduled completion day, immediately begin work on the subsequent phase unless otherwise restricted.

(End of NAVFAC language)

*See individual task order for specific information, if applicable.

3. ALL OR NONE OFFERS *

Offers are solicited on an “all or none” basis and FAR 52.215-1, INSTRUCTIONS TO OFFERORS- COMPETITIVE ACQUISITION in Section L, is hereby modified. Failure to submit offers for all line items listed shall be cause for rejection of the offer.

(End of NAVFAC language)

*See individual task order for specific information, if applicable.

4. NOTICE OF BONDING REQUIREMENTS *

Within 15 days (unless otherwise stipulated on the individual task order) after receipt of award of a task order, the bidder/offeror to whom the award is made shall furnish the bonds required by FAR Clause 52.228-15.

Bidders/offerors are hereby notified that the contract time for purposes of fixing the completion date, default, and liquidated damages will be as stated in FAR Clause…