2023 Mini MACC Section H Draft.pdf

Section H - Special Contract Requirements

1. Off-Ramp/On-Ramp Procedures

a. The Government may award up to five (5) Mini-MACC IDIQ contracts as a result of the initial competition for this IDIQ. A reserve vendor pool of contractors will be maintained for the purpose of this On-Ramp procedure. Unsuccessful offerors whose proposals are determined technically “acceptable,” rated with a Past Performance Confidence Assessment Rating of Satisfactory Confidence or above and are otherwise eligible for contract award will be retained in the On-Ramp contractor pool and may be offered an opportunity, within the ordering period of this contract, to receive an IDIQ award and be authorized to participate in task order competitions. Priority for selection from this pool will be given to those offerors whose proposal represented the greatest value as determined by source selection authority during the initial competition for IDIQ contract award and determined to be responsible and qualified for a contract with the Government. No other rights, obligations or liabilities are attached to either the reserved pool member or the Government beyond what is stipulated in this paragraph.

b. The Government will conduct an annual review of contractor participation of all FOPRs and performance of awarded TOs to determine if contractors are meeting the expectations of the contract. The Government, in its sole discretion, reserves the right to off-ramp a contractor.

c. The Government will provide a 30-calendar day written notice if it intends to off-ramp a Mini-MACC Contractor. The Government reserves the right to off-ramp a contractor from the Mini-MACC and the contractor shall complete all previously awarded task orders.

d. The Government reserves the right to remove from or add to the existing pool of Mini-MACC awardees by utilizing "On-Ramp" and/or "Off-Ramp" procedures specified below:

(1) Off-Ramp Procedures: The Off-Ramp process under the Mini-MACC contract allows the Government to exercise its right to remove a contractor from the pool of Mini-MACC contract awardees.

The Off-Ramp methods include, but are not limited to, procedures specified in FAR Part 49--Termination of Contracts, for contractors or orders thereunder (Termination for Default, Termination for Convenience of the Government, Termination with No-Cost Settlement). Note: The Off-Ramp procedures under Section H in no way modifies the right and responsibility of the Government or contractor under FAR Part 49—Termination of Contracts, or the authority provided by the FAR in the Disputes Clause or Changes Clause. In the event of any conflict between the terms of this clause and above mentioned FAR clauses, the terms of the FAR clauses (as applicable) shall take precedence.

(2) On-Ramp Procedures: The Government reserves the right to "On-Ramp" additional contractors at any time during the life of this Mini-MACC contract by On-Ramping the selected On-Ramp contractors.

On-Ramping contractorsnecessary, is anticipated to occur within the first 36 months following the initial set of Mini-MACC awardees in order to enhance the competitive environment of task order solicitations under the originally awarded Mini-MACC contracts. The Government reserves the right to initiate an On- Ramp beyond 36 months. This may be due to any reason, including, but not limited to, the lack of robust competition on FOPRs, an increase in annual requirements or a shrinking of the competitive pool of original Mini-MACC awardees under this solicitation. The On-Ramp procedures are described below:

(a) If it is determined to be in the Government's best interest to add contractors to the existing pool of the Mini-MACC awardees, an On-Ramp may be executed at any time during the term of the Mini-MACC. In this event, starting at the highest ranked On-Ramp contractor in the pool, that contractor will be offered the right of first refusal as an On-Ramp contractor. The contractor must still be eligible within the small

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business program and will be subject to meeting the standard contractor responsibility criteria described by FAR Part 9.104. If determined responsible the Government will send written notice of its intent to On- Ramp that contractor with effective date of potential award at least 30 days prior to the intended award date. If the notified highest ranking On-Ramp contractor does not agree to accept the Government's offer to be On-Ramped for any reason, the offer will be rescinded and the same offer will be made to the next highest rated On-Ramp contractor. Once On-Ramp is completed, the On-Ramped contractor will become an additional Mini-MACC awardee. This new contractor will then be offered a Mini-MACC IDIQ contract with an original guaranteed minimum and will be eligible to compete for future FOPRs issued against the basic Mini-MACC. The Government will promptly send a written notice to existing Mini- MACC contract awardees of any On-Ramped contractor(s). The Government will not consider unsolicited requests for additional contractors.

2. Bid Guarantee, Payment Protections, and Bonding Requirements

a. The appropriate documentation IAW FAR 52.228-1, FAR 52.228-13 or FAR 52.228-15 will be required for each task order. There will be no bid guarantee, payment protection, or bond requirement for the base IDIQ contract.

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