Amendment_3_Replacement_Pages_0003.pdf

RFP Addendum as of Amendment 0003 August 11, 2023

RFP No. 140E0123R0006 Ohmsett Page 4 of 7879 commercial list price. However, in no event shall the price(s) for the particular item(s) or service(s) be in excess of the GSA Schedule Price or the price charged to the contractor’s most favored commercial customer, whichever is less. The contractor shall seek competitive bids for all proposed ODC supplies or services exceeding $10,000, which are acquired under this contract, and provide the bids to the Government as backup documentation with its proposal to support price reasonability. As an alternative to seeking competitive bids, the contractor may show that the proposed pricing is at or below their General Services Administration’s (GSA) Federal Supply Schedule (FSS) Contract price for the same type of item. If competition is not available, the contractor shall provide a sole source justification, along with a pricing justification. For all items/services over $1,000, the contractor shall provide the commercial price list, quote, or explanation/justification of price and submit it with its proposal to support price reasonability. Other direct costs (ODCs) determined reasonable, allocable, and allowable, will be reimbursed at actual costs.

[The Government reserves the right to limit its risk in cost growth on the IDIQ and future Task Orders by adding ceilings to cost items]

B.5 SAMPLE TASK ORDER PRICING

Placed in Attachment 7.

B.6 SERVICE CONTRACT LABOR STANDARDS AND DAVIS BACON ACT

All labor rates specified herein are in accordance with the most recent applicable Department of Labor (DOL) Service Contract Act and Davis Bacon Act wage determinations, if applicable.

It is also the contractor’s responsibility to ensure any subcontractors pay the applicable rates.

(See Attachments 2 and 3)

B.7 TRAVEL COSTS

Travel requirements will be specified in individual Task Orders and may be included in a Task Order’s firm-fixed price or included as a separate reimbursable line item. When travel costs are allowable under a reimbursable line item, travel costs will be reimbursed for actual, allowable, and reasonable costs incurred, exclusive of any fee, in accordance with the Federal Travel Regulation (FTR) policy in effect at the time of travel http://www.gsa.gov/portal/content/104790) and in accordance with FAR 31.205-46. All cost-reimbursable travel shall be approved by the COR prior to travel arrangements being made.

B.8 CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

Both the Government and the Contractor agree that the minimum consideration under this Contract is $250,000, subject to the availability of funds. There is no guaranteed minimum for the option periods, if exercised. The maximum consideration under this Contract over a five-year period is estimated to be $3037,000,000.00 (if all options are exercised).

Pursuant to Federal Acquisition Regulation (FAR) 36.204, the estimated magnitude of the construction portion of the IDIQ is between $1,000,000 to $5,000,000 over the potential five year ordering period. The construction related clauses apply to this portion of the contract.

RFP Addendum as of Amendment 0003 August 11, 2023

RFP No. 140E0123R0006 Ohmsett Page 45 of 7879

I.3.1 FAR 52.216-18 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or Task Orders by the individuals or activities designated in the Schedule. Such orders may be issued from time of award to August 31, 2028.

(b) All delivery orders or Task Orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or Task Order and this contract, the contract shall control.

(c) A delivery order or Task Order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or Task Order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or Task Order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

I.3.2 FAR 52.216-19 Order Limitation (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $7,000,000;

(2) Any order for a combination of items in excess of $3037,000,000; or

(3) A series of orders from the same ordering office within thirty (30) calendar days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) business days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.