Attachment_2 DBnC_Ordering_Procedures 20261104.docx

36C10F27R0003 Attachment 2 DESIGN-BUILD & CONSTRUCTION (DBnC)

ORDERING PROCEDURES

1. CENTRALIZED ORDERING PROCEDURES

The Government will place task orders (TOs) in accordance with FAR 16.507. Each task order (TO) shall be issued in accordance with the following procedures:

(a) Task Order Request for Proposal (TORFP) – The Contracting Officer will furnish the SDVOSB Pool associated with the location of the requirement with a written request for proposal.

(b) Projects less than $15M will be set-aside for small business awardees.

(c) For projects greater than or equal to $15M but less than $30M

i. A Request for Information (RFI) will be sent to the SDVOSB Pool awardees for five (5) days to determine interest, capability to perform, and bonding capacity.

ii. If at least two (2) awardees are identified as interested and capable (Rule of Two), and provide proof of bonding capacity, then the task order will be set-aside.

iii. If the Rule of Two is not met, the task order will be competed amongst the unrestricted Pool awardees.

iv. Any awardee who expresses interest during an RFI and does not submit a proposal will receive a warning. Three warnings may result in off-ramping.

(d) Projects greater than $30M will be competed amongst the Unrestricted Pool awardees.

i. Pricing Structures. All task orders shall be structured in an FFP.

(e) Not-to-Exceed (NTE) FFP Fully Burdened Labor Rates. The NTE FFP fully burdened labor rates established at the basic contract level are contractually binding. The NTE FFP fully burdened labor rates are ceiling rates and shall be utilized for future non‑competitive pricing actions, including single‑source task orders, and task order modifications; however, the NTE rates represent the maximum allowable labor rates, and contractors may voluntarily propose discounted or lower rates for both competitive and non‑competitive pricing actions. The Government may accept such discounted rates when determined to be fair and reasonable. This does not preclude any awardee from utilizing or negotiating additional labor categories and their FFP fully burdened rate at the task order level.

(f) Any Government-furnished property, material, equipment, or utilities, facility access, or other Government-furnished support to be made available for performance will be identified at the task order level.

Terms and conditions of each TO, to include proposal preparation instructions and proposal due date, will be specified in the TORFP. Adequate price competition is anticipated at the TO level. If, after receipt of TO proposals, the CO determines there is insufficient data to determine price reasonableness or adequate price competition is not established and none of the exceptions in 15.404 apply, Offerors may be required to submit additional data.

2. AWARDING ORDERS UNDER MULTIPLE AWARD CONTRACTS

(a) All multiple award contractors shall be provided a fair opportunity to be considered for each order more than the micro-purchase threshold within their SDVOSB Pool pursuant to the procedures established unless an exception applies.

(b) The Government will place TOs based upon the TO evaluation factors identified in the TORFP, and in accordance with FAR 16.507. The TORFP will include evaluations factors as determined at the TO level. The TO evaluation criteria will include price and may include:

a. Specific Technical Management Effectiveness and Capabilities

b. Past Performance on recent and relevant work

c. Availability of Labor/Resources (capacity to perform)

d. Bond Capacity, as applicable

(c) In accordance with FAR 16.508, a protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for - a protest on the grounds that the order increases the scope, period, or maximum value of the contract under which the order is issued; or a protest of an order valued more than $25,000,000.

(d) For this contract, the designated task order ombudsman address is Associate Executive Director, Office of Facilities Acquisition, Office of Construction and Facilities Maintenance. The task order ombudsman is responsible for reviewing complaints from multiple award contractors and ensuring that all the contractors are afforded a fair opportunity to be considered for TOs in excess of the micro-purchase threshold, consistent with procedures in the contract.

(e) These procedures do not guarantee the contractor issuance of any TO above the minimum guarantee(s) stated in this contract.

(f) Any project competed amongst the SDVOSB Pool awardees that does not receive offers will be made available to compete amongst an adjacent SDVOSB Pool or the Unrestricted Pool awardees.

a. Prior to soliciting the Unrestricted Pool awardees, the Government shall issue a Request for Information (RFI) to the most logically adjacent SDVOSB Pool for five (5) business days to determine interest. The Government may also request feedback from the original SDVOSB Pool awardees regarding the reasons no proposals were received in order to inform future acquisition planning.

b. If no awardees in the logically adjacent SDVOSB Pool are interested, the Unrestricted Pool awardees may be solicited.

c. If the Government detects a pattern of non-response from the SDVOSB Pool awardees for particular projects, whether due to type of work, location, etc. The Government may begin issuing RFI to the SDVOSB Pools for five (5) days to determine interest prior to soliciting future similar work.

3. TEAMING ARRANGEMENTS

(a) Contracts awarded based on a proposed teaming arrangements/partners require written Contracting Officer approval before deviating from the initial teaming arrangements/partners.

(b) Teaming partner and subcontract pricing must be supported in accordance with FAR 15.403. Cost and pricing data, as appropriate, shall be present in Task Order (TO) proposals. It is not necessary to compete teaming partners at the TO level. NTE Firm Fixed Price (FFP) fully burdened labor rates shall be incorporated into the basic contract and teaming partners will share these labor rates with the prime contractor to be utilized for each TO and TO modification. Any teaming partner labor category proposed at the TO or TO modification level that was not awarded with this basic contract must be determined fair and reasonable prior to award. Additionally, non-labor teaming partner costs and all subcontract costs must be determined fair and reasonable and subcontracts (not teaming partners) shall be competed to the maximum extent practicable.

(c) In accordance with the proposal, the following teaming partners were evaluated during source selection and are considered to be team members:

1. TBD

2. TBD

4. DECENTRALIZED ORDERING PROCEDURES

Authorized VA ordering activities may receive access to the DBnC basic contracts for the purpose of awarding, administering, and closing out task orders issued under the contract.

5. NOT TO EXCEED (NTE) FFP FULLY BURDENED LABOR RATES

(a) The NTE FFP fully burdened labor rates for the labor categories listed in Appendix L-08 Labor Rates Table shall be incorporated into the basic contract and shall serve as the maximum allowable labor rates for task orders issued under the MATOC. For competitive task orders, contractors may propose discounted rates below the established NTE rates.

(b) Except as provided in paragraph (c) for the addition of new labor categories, the NTE fully burdened labor rates established at contract award shall remain the maximum allowable rates and shall not be adjusted above the negotiated ceiling rate.

(c) Contractors may propose and/or utilize labor categories other than those whose rates were incorporated into the basic contract when additional labor categories are required to meet the need of a requirement at the TO level. The labor rates for these labor categories will then be negotiated at the TO level and may be incorporated into the basic contract via modification as an NTE FFP fully burdened rate to be used in future TO.