Solicitation_80AFRC18R0007.pdf

2. TYPE OF SOLICITATION

NEGOTIATED (RFP)

PAGE OF PAGES3. DATE ISSUED1. SOLICITATION NO.SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

6. PROJECT NUMBER5. REQUISITION/PURCHASE REQUEST NUMBER4. CONTRACT NO.

8.7. ISSUED BY CODE

9. FOR INFORMATION

CALL

b.a .

SOLICITATION

NOTE: IN SEALED BID SOLICITATIONS "OFFER" AND "OFFEROR" MEAN "BID" AND "BIDDER"

11. The contractor shall begin performance within calendar days and complete within calendar days after receiving

(seenotice to proceed. This performance period isaward, mandatory negotiable.

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

(If "Yes" indicate within how many calendar days after award in item 12b.) 12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

NOYES

STANDARD FORM 1442 (REV. 8/2014)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (TITLE, IDENTIFYING NO., DATE):

is, SEALED BID (IFB)

80AFRC18R0007 X 05/10/2018 1 82

N/A

NASA

Armstrong Flight Research Center P.O. Box 273, M/S 4811-140 Edwards CA 93523-0273

ADDRESS OFFER TO

Electronic Submissions Only Attn: Andrea Basham andrea.c.basham@nasa.gov

Edwards CA 93523

NAME

Andrea Basham

TELEPHONE NO. (INCLUDE AREA CODE) (NO COLLECT CALLS)

10 TBD

X SECTION C

X 10

16:00:00

06/12/2018

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

a. Sealed offers in original and local time copies to perform the work required are due at the place specified in Item 8 by (hour)

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is not required.

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

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

X

This Western Regional Multiple Award Construction Contract (MACC) shall result in the award of a maximum of fourteen (14) Indefinite Delivery/Indefinite Quantity (IDIQ) contracts. The MACC provides a critical in-place contractual mechanism to support general construction, alteration, modification, maintenance and repair, demolition, design-build, and new construction of buildings, facilities, and real property at Armstrong Flight Research Center (AFRC), Ames Research Center (ARC) including Federal Tenants at NASA facilities: Jet Propulsion Lab located in Pasadena, CA; Goldstone Deep Space Communications Complex in Fort Irwin, CA; and Santa Susana Field Laboratory in Simi Valley, CA with AFRC Procurement Officer Approval. The MACC is not a requirements contract and therefore not mandatory. The MACC is intended to provide a highly flexible construction contracting vehicle for participating Centers. This solicitation includes 2 seed projects, one for each of the 2 centers.

Details are found in the Initial “Model” task orders listed in Section J of this solicitation and referenced in Section B Schedule: The contractor shall provide all labor, tools, equipment and materials to perform each task as defined in the specifications and drawings identified for the specific Initial “Model” task order. See Section J and Reference Bid Item 0002-0003.

Funds are not presently available for this contract or all the intial task orders addressed within. CLIN 0003 is subject to 52.232-18 Availability of Funds included within this solicitation.

The NAICS Code for this project is 236220 and the size standard is $36.5 Million. Contractor MUST enter their CAGE code and DUNS number in block 14, page 2 of the SF 1442.

ONLY E-MAIL OFFERS ARE AUTHORIZED

The following will not become a part of the resulting contract: Sections K, L, M, or Attachments C, D

THIS PROCUREMENT IS FULL AND OPEN COMPETITION. IN ACCORDANCE WITH FAR 19.502-4, TWELVE (12) OF THE PROPOSED IDIQ CONTRACTS WILL BE RESERVED FOR SMALL BUSINESSES IN THE VARIOUS SOCIO ECONOMIC CATEGORIES: SMALL BUSINESS, HUBZONE, WOMEN-OWNED SMALL BUSINESS (WOSB), SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB), AND 8(A). THE REMAINING AWARDS WILL BE MADE

ON AN UNRESTRICTED BASIS.

X

(Bid Bond shall address total value of all intial task orders CLIN 0002-0003)

ONLY E-MAIL OFFERS ARE AUTHORIZED

andrea.c.basham@nasa.gov (e-mail only)

FACILITY CODECODE

15. TELEPHONE NUMBER (Include area code)

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

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP code)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by Government in writing within

AMOUNTS

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

NUMBER

DATE.

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by government)

22. AMOUNT:

21. ITEMS ACCEPTED:

23. ACCOUNTING AND APPROPRIATION DATA

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 COPIES UNLESS OTHERWISE SPECIFIED)

ITEM

)10 U.S.C.2304(c) ( )41 U.S.C. 3304(a) (

27. PAYMENT WILL BE MADE BY26. ADMINISTERED BY CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document) Your offer on this solicitation, is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the government solicitation and your offer, and (b) the contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(TYPE OR PRINT)

31A. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

STANDARD FORM 1442 (REV 8/2014)

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

BY

30B. SIGNATURE 30C. DATE

$0.00 See Continuation Sheet If Applicable

NASA

Armstrong Flight Research Center P.O. Box 273, M/S 4811-140 Edwards CA 93523-0273 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in requirement 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

NSSC Shared Services Center Financial Management Division (FMD)-Accounts Payable Bldg 1111, Jerry Hlass Road Stennis Space Center MS 39529 https://www.nssc.nasa.gov/vendorpayment 1-877-677-2123

SEE SECTION B: BID SCHEDULE

X

TIN________________________ DUNS #__________________

CAGE CODE_____________________

James W. Eastman

80AFRC18R0007

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SUPPLIES AND/OR SERVICES TO BE PROVIDED

The Western Regional Multiple Award Construction Contract (MACC) provides a critical in-place contractual mechanism through a regionalized Multiple Award, Indefinite Delivery, Indefinite Quantity (IDIQ) Contract to support general construction, alteration, modification, maintenance and repair, demolition, design-build, Leadership in Energy and Environmental

Design (LEED), Building Information Modelling (BIM), and new construction of buildings, facilities, and real property at Armstrong Flight Research Center (AFRC) and Ames Research

Center (ARC). Other NASA Centers and Federal Tenants at NASA facilities including Jet

Propulsion Laboratory (JPL) in Pasadena, CA; Goldstone Deep Space Communications

Complex in Fort Irwin, CA; and Santa Susana Field Laboratory in Simi Valley, CA may utilize the MACC with AFRC Procurement Officer Approval. The MACC is not a requirements contract and therefore not mandatory. The MACC is intended to provide a highly flexible construction contracting vehicle for participating Centers. Future task orders may be issued orally, by Facsimile, or electronically.

BID SCHEDULE

This office intends to award a maximum of fourteen (14) IDIQ MACCs from this solicitation.

Offerors will be considered in each socio economic category for which they are eligible and only needs to submit one proposal. Twelve (12) awards will be reserved for small businesses in various socio economic categories. The small business various socio economic categories are:

Small Business, HUBZone, Women-owned Small Business (WOSB), Service Disabled Veteran

Owned Small Business (SDVOSB), and 8(a). 8(a) participants must submit, with their proposal, a letter from their servicing SBA office stating their eligibility as it corresponds to NAICS Code

236220 required for this solicitation. The remaining awards will be made on an unrestricted basis.

Offerors shall submit a price proposal for all CLINS listed below using the specifications and drawings listed in each initial “Model” task order solicitation (SEE Attachments A - B). The estimated magnitude for each initial “Model” task order is identified in Section L under provision 1852.236-74. The government intends to award initial task orders for (CLIN 0002 –

CLIN 0003) to an awardee which is determined to provide the best value to the Government.

Selection of the award for each of the initial “Model” task orders will be based on a low price evaluation for each individual task order from among the fourteen (14) contractors awarded

IDIQ contracts.

CLIN 0001: Multiple Award Construction Contract (MACC):

Work is to be performed as a prime contractor in the general construction category which may include but not be limited to new construction, additions, alterations, maintenance, and repairs of facilities and all associated support systems. Additional types of work may include, but not be limited to mechanical (e.g. fueling and fluid storage systems, liquid nitrogen, liquid hydrogen and liquid oxygen cryogenic piping systems, high pressure gas piping, vacuum system & associated piping, potable water, high pressure industrial water, fire protection, sewage and natural gas systems); civil (e.g. elevators, cranes, earthwork, paving, concrete, structural steel, floor loading verification/reinforcement, fabrication and erection, seismic retrofit, and roofing systems); electrical (e.g. high voltage and low voltage systems, underground duct banks, control systems, substations, transformers, Energy Management Control Systems (EMCS), arc flash, and relay protection, panel indices and electro-static discharge systems); Heating Ventilation and Air

Conditioning (e.g. chiller and boiler plants and distribution systems, steam generation and distribution systems); environmentally-controlled laboratories; office renovations;

communication support facilities & system; demolition of existing facilities; soil work;

hazardous coatings abatement; painting; carpentry; welding (structural and piping); and fencing.

Work may also include but not be limited to design/build projects as well as LEED, energy monitoring/metering, BIM, and new construction of buildings or facilities to include some or all of the above elements of work. The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver and perform the work in accordance with the Description/Specifications/Statement of Work provided with each task order; the contract terms and conditions, drawings, and special conditions provided with the task orders, when applicable. This includes but is not limited to financial resources, overall oversight and management or other resources including subcontractors that may affect performance of the instant acquisition. All work shall be initiated through task orders issued in accordance with TASK ORDER PROCEDURES in Section H and clause FAR 52.216-

18 in Section I. Cost estimates/ bid schedules associated with future task orders subsequent to

CLIN 0002 (Replace Electrical Supporting Mission Control) and CLIN 0003 (Building 25 Restoration) shall be developed and submitted using 4Clicks Premier Project Estimator™ software. Licensing to perform work in the State of California will be required and will be addressed in the task orders. Under this IDIQ contract, the prime contractor may be required to perform multiple and concurrent general construction, alteration and repair of buildings, structures and other real property up to the respective bonding capacities.

$ SEE SECTION H: MINIMUM/MAXIMUM QUANTITY

CLIN 0002:

Replace Electrical Supporting Mission Control This project is taken from AFRC Initial

“Model” Task Order contained in Attachment A

Total Price for Attachment A $

CLIN 0003:

Building 25 Restoration This project is taken from ARC Initial “Model” Task Order contained in Attachment B

Total Price for Attachment B $

Total for CLIN 0002 and CLIN 0003: $

YOU MUST PROPOSE ON EACH TASK ORDER CLIN 0002 – CLIN 0003 ABOVE TO

BE CONSIDERED FOR AWARD OF ONE OF THE IDIQ CONTRACTS. THE TOTAL

PRICE FOR CLIN 0002 AND CLIN 0003 ABOVE WILL BE USED FOR EVALUATION

PURPOSES ONLY. (SEE SECTION M: METHODOLOGY USED FOR PROPOSAL

EVALUATION, STEP 2.)

1852.216-78 FIRM FIXED PRICE (DEC 1988)

The total firm fixed price of this contract is (Each Task Order will be firm fixed price).

(End of clause)

(END OF SECTION)

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

The Contractor shall be required to (a) commence work under this contract within ( * ) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than ( * ) after receipt of the

Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(*Commencement, Prosecution and Completion of Work for all Task Orders under this contract will be specified for each Task Order by date or in calendar days)

PLACE OF PERFORMANCE

Contractor shall comply with the specifications and drawings listed in Section J of each Task

Order. The principle place of performance under this contract will be cited in each task order solicitation issued under the MACC. Solicitations can be issued for work located at Armstrong

Flight Research Center (AFRC) and Ames Research Center (ARC). Other NASA Centers and

Federal Tenants at NASA facilities may utilize the MACC with AFRC Procurement Officer approval.

SECTION D - PACKAGING AND MARKING (NOT USED)

SECTION E - INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-13 INSPECTION--DISMANTLING, DEMOLITION, OR REMOVAL OF

IMPROVEMENTS (AUG 1996)

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

(Shall be determined in each Task Order)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

Title

Number

Date

Tailoring

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in—

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require—

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

1852.246-71 GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS (OCT

1988) (Shall be determined in each Task Order)

In accordance with the inspection clause of this contract, the Government intends to perform the following functions at the locations indicated:

Item Quality Assurance Location Function

[Insert the items involving quality assurance, the quality assurance functions, and where the functions will be performed.]

INSPECTION AND ACCEPTANCE

Final inspection and acceptance of all work under this contract will be conducted by the

Contracting Officer’s Representative (COR) or the Alternate Contracting Officer’s

Representative (Alt COR) for this effort. Upon satisfactory completion of the contract, the

Contractor shall be paid the fixed-price value of the contract, less the amount of any progress payments made under FAR Clause 52.232-5, Payments under Fixed-Price Construction

Contracts.

NOTE: For planning purposes, the contractor shall include a line item in the schedule of values and progress schedule of each task order for completion of punch-list items, site clean-up, demobilization and final construction (as-built) drawings. The amount of this line item shall be equal to 10% of each CLIN or $100,000, whichever is less. The Government will not pay final invoices for this amount until all punch-list, site clean-up, and demobilization activities are complete; final construction drawings are delivered; and final acceptance is made.

SECTION F - DELIVERIES OR PERFORMANCE

52.211-13 TIME EXTENSIONS (SEP 2000)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the

Contractor shall pay liquidated damages to the Government in the amount of which shall be defined in each Task Order as applicable for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

SECTION G - CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATION

a. Following award, this contract will be administered by the Office of Procurement. The address, telephone number, and email address of the Contracting Officer is:

NASA Armstrong Flight Research Center

P.O. Box 273, M/S 4811-140

Edwards CA 93523-0273

Phone: (661) 276-2881

E-mail: James.w.eastman@nasa.gov

b. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the

Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

c. Contractual problems, of any nature, which might occur during the performance of the contract must be handled in accordance with very specific public laws and regulations

(e.g. Federal Acquisition Regulation), and must be referred to the Contracting Officer for resolution. Therefore, the Contractor is directed to submit all such contractual problems to the immediate attention of the Contracting Officer.

d. Any request for contract changes/modifications shall be submitted to the Contracting

Officer.

e. All correspondence concerning this contract, such as requests for information, explanation of terms, and contract interpretations, shall be submitted to the Contracting

Officer.

PROGRESS PAYMENTS

In compliance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, the Contractor shall submit a breakdown using the items, major parts, and components that were approved by the Contracting Officer’s Representative (COR) for the approved schedule of construction (e.g. Bar Chart). The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer. The Contracting Officer MAY authorize material payments only for materials that are delivered to the site.

mailto:James.w.eastman@nasa.gov

1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT (APR 2018)

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at

FMD Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

(b) Except for classified vouchers, the Contractor shall submit all vouchers and invoices using the steps described at NSSC’s Vendor Payment information web site at:

https://www.nssc.nasa.gov/vendorpayment Please contact the NSSC Customer Contact Center at

1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(c) Payment requests.

(1) The payment periods are stipulated in the payment clause(s) contained in this contract.

(2) Vouchers submitted under cost-type contracts and invoices submitted under fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant back-up documentation. Back-up documentation shall include at a minimum, the following information:

(i) Vouchers

(A) Breakdown of billed labor costs and associated contractor generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred.

(B) Breakdown of billed other direct costs (ODCs) and associated contractor generated supporting documentation for billed ODCs.

(C) Indirect rate(s) used to calculate the amount of billed indirect expenses.

(D) Progress reports, as required.

(ii) Invoices.

(A) Description of goods and services delivered as part of the contract’s terms and conditions, including the dates of delivery/performance.

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

(A) Listing of all provisionally-billed fee by period or date earned since contract award.

(B) A reconciliation of all billed and earned fee.

(C) A clear explanation of the fee calculations.

(d) Non-electronic payment requests. The Contractor may submit a non-electronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.gov/vendorpayment , when any of the following conditions are met:

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor.

https://www.nssc.nasa.gov/vendorpayment https://www.nssc.nasa.gov/vendorpayment

(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment requests. In such instances the Contractor agrees to submit non-electronic payment requests using the method or methods specified in

Section G of the contract.

(e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoices within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the

NSSC as specified in paragraph (b) of this section.

(f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(g) In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate payment request for the amount withheld will be required before payment for that amount may be made.

1852.245-76 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO FAR

52.245-1 (JAN 2011)

For performance of work under this contract, the Government will make available Government property identified in each Task Order as applicable, written against this contract on a no charge-for-use basis pursuant to the clause at FAR 52.245-1, Government Property, as incorporated in this contract. The Contractor shall use this property in the performance of this contract at AFRC, ARC, and at other location(s) as may be approved by the Contracting Officer.

Under FAR 52.245-1, the Contractor is accountable for the identified property. (The initial Task

Orders identified in Attachment A and B do not have any Government Furnished Property.

Future Task Orders shall identify if Government Furnished Property will be provided.)

1852.245–82 OCCUPANCY MANAGEMENT REQUIREMENTS (SEP 2017)

(a) In addition to the requirements of the clause at FAR 52.245–1, Government Property, as included in this contract, the Contractor shall comply with the following in performance of work in and around Government real property:

(1) NPD 8800.14, Policy for Real Estate Management.

(2) NPR 8831.2, Facilities Maintenance and Operations Management.

[Insert any additional Center occupancy requirements here.]

(b) The Contractor shall obtain the written approval of the Contracting Officer before installing or removing Contractor-owned property onto or into any Government real property or when movement of Contractor-owned property may damage or destroy Government-owned property. The Contractor shall restore damaged property to its original condition at the

Contractor’s expense.

(c) The Contractor shall not acquire, construct or install any fixed improvement or structural alterations in Government buildings or other real property without the advance, written approval of the Contracting Officer. Fixed improvement or structural alterations, as used herein, means any alteration or improvement in the nature of the building or other real property that, after completion, cannot be removed without substantial loss of value or damage to the premises. Title to such property shall vest in the Government.

(d) The Contractor shall report any real property or any portion thereof when it is no longer required for performance under the contract, as directed by the Contracting Officer.

1852.245-83 REAL PROPERTY MANAGEMENT REQUIREMENTS (JAN 2011)

(a) In addition to the requirements of the FAR Government Property Clause incorporated in this contract (FAR 52.245-1), the Contractor shall comply with the following in performance of any maintenance, construction, modification, demolition, or management activities of any

Government real property:

(1) NPD 8800.14, Policy for Real Property Management.

(2) NPR 8831.2, Facility Maintenance Management.

[Insert any real property related Center requirements here]

(b) Within 30 calendar days following award, the Contractor shall provide a plan for maintenance of Government real property provided for use under this contract. The Contractor’s maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Contracting Officer the need for replacement and/or capital rehabilitation. Upon acceptance by the Contracting Officer, the program shall become a requirement under this

(c) Title to parts replaced by the Contractor in carrying out its normal maintenance obligations shall pass to and vest in the Government upon completion of their installation in the facilities.

The Contractor shall keep the property free and clear of all liens and encumbrances.

(d) The Contractor shall keep records of all work done to real property, including plans, drawings, charts, warranties, and manuals. Records shall be complete and current. Record of all transactions shall be auditable. The Government shall have access to these records at all reasonable times, for the purposes of reviewing, inspecting, and evaluating the Contractor’s real property management effectiveness. When real property is disposed of under this contract, the Contractor shall deliver the related records to the Government.

(e) The Contracting Officer may direct the Contractor in writing to reduce the work required by the maintenance program authorized in paragraph (b) of this clause at any time.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information. The

Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (Shall be provided in Task Order)

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by . [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].

(b) Weather conditions [insert a summary of weather records and warnings].

(c) Transportation facilities [insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].

(d) [insert other pertinent information].

1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP REPORTING (DEC

2015)

1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002)

1852.209-71 LIMITATION OF FUTURE CONTRACTING (DEC 1988)

(a) The Contracting Officer has determined that this acquisition may give rise to a potential organizational conflict of interest. Accordingly, the attention of prospective offerors is invited to

FAR Subpart 9.5—Organizational Conflicts of Interest.

(b) The nature of this conflict is potential contractors may have been a part of the development of specifications or statements of work for projects that will be included in this contract and may have an unfair advantage.

(c) The restrictions upon future contracting are as follows:

(1) If the Contractor, under the terms of this contract, or through the performance of tasks pursuant to this contract, is required to develop specifications or statements of work that are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime or first-tier subcontractor under an ensuing NASA contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the Contractor, sufficient to avoid unfair competitive advantage or potential bias (this time shall in no case be less than the duration of the initial production contract). NASA shall not unilaterally require the Contractor to prepare such specifications or statements of work under this contract.

(2) To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and as long as these data remain proprietary or confidential, the Contractor shall protect these data from unauthorized use and disclosure and agrees not to use them to compete with those other companies.

1852.225-70 EXPORT LICENSES (FEB 2000) (Shall be provided in Task Order)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at [insert name of NASA installation], where the foreign person will have access to export-controlled technical data or software.

(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.

(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

1852.242-72 DENIED ACCESS TO NASA FACILITIES (OCT 2015)

1852.243-72 EQUITABLE ADJUSTMENTS (APR 1998)

1852.236-75 PARTNERING FOR CONSTRUCTION CONTRACTS (AUG 1998)

(a) The terms “partnering” and “partnership” used herein shall mean a relationship of open communication and close cooperation that involves both Government and Contractor personnel working together for the purpose of establishing a mutually beneficial, proactive, cooperative environment within which to achieve contract objectives and resolve issues and implementing actions as required.

(b) Partnering will be a voluntary commitment mutually agreed upon by at least NASA and the prime contractor, and preferably the subcontractors and the A&E design contractor, if applicable. Sustained commitment to the process is essential to assure success of the relationship.

(c) NASA intends to facilitate contract management by encouraging the foundation of a cohesive partnership with the Contractor, its subcontractors, the A&E design contractor, and NASA’s contract management staff. This partnership will be structured to draw on the strengths of each organization to identify and achieve mutual objectives. The objectives are intended to complete the contract requirements within budget, on schedule, and in accordance with the plans and specifications.

(d) To implement the partnership, it is anticipated that within 30 days of the Notice to Proceed the prime Contractor’s key personnel, its subcontractors, the A&E design contractor, and

NASA personnel will attend a partnership development and team building workshop. Follow-up team building workshops will be held periodically throughout the duration of the contract as agreed to by the Government and the Contractor.

(e) Any cost with effectuating the partnership will be agreed to in advance by both parties and will be shared with no change in the contract price. The contractor’s share of the costs are not recoverable under any other Government award.

MINIMUM/ MAXIMUM QUANTITY

The guaranteed minimum amount of work which may be required under this contract is

$5,000.00. The $5,000.00 shall cover the construction safety and health plan. The maximum amount of work which may be required under this contract is $300,000,000.00. However, the total amount of all Task Orders under all contracts awarded under solicitation number

80AFRC18R0007 shall not exceed $300,000,000.00 for the 5 year period of performance. All offerors awarded one or both of the initial task orders (CLIN 0002 - CLIN 0003) meet this guaranteed minimum amount of work. All other awardees will receive a $5,000.00 Task Order to cover the Safety and Health Plan submission to meet this guaranteed minimum.

TASK ORDER PROCEDURES:

1.0 Each task order solicitation will be a request for proposal (RFP) or invitation for bid

(IFB) only and does not constitute authority to proceed or to incur any cost associated with contract performance. No legal liability shall reside on the part of the Government for any amount until a task order is signed by the Contracting Officer. Task order solicitations will include local clauses and requirements applicable to the task orders issued at the various centers. (See Attachment A-B task order solicitations for CLIN

0002- 0003).

2.0 The Government plans to issue task order awards without holding discussions with the offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms. The

Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

3.0 After award of the initial IDIQ contracts, it is the government’s intention to have contractors compete for future task orders based on either sealed bid, tradeoff, or lowest price technically acceptable. The contracting officer responsible for the issuance of the task order will select the selection procedure they believe is appropriate. Each request for proposal issued as part of a fair opportunity for consideration will state the method of selection.

4.0 As requirements are identified, the government will issue a solicitation under Fair

Opportunity for consideration that will describe the services required along with the required proposal response time and identify the applicable wage determination. A site visit will be scheduled with the contractor to verify measurements and elements of work.

If negotiations are required, they will commence once the Government has completed their technical evaluation of all costs. Task orders will be the award for the services required under the IFB or RFP. The performance period will be cited in each solicitation request for each task order. All task orders issued hereunder are subject to the terms and conditions of this contract. Note: It is the Government’s intent to issue task orders with an established firm fixed price.

5.0 The following describes the procedures for each type of requirement:

Design/ Build (100%): The solicitation will contain a Statement of Objectives (SOO) that describes the requirement. Based on the SOO, the contractor shall perform all investigation and design services necessary to provide the Government a 15% design package (Statement of Work (SOW) and Drawings) which describes how the contractor intends on meeting the requirements of the SOO. The Government will review the 15% design package for acceptability. The Government will either request a price proposal based on the acceptable design package, or, issue a revised SOO and repeat the process.

The Government will indicate which 15% design package(s) have been determined to be acceptable. The contractor will then be asked to provide a price proposal. If negotiations are required, they will commence once the Government has completed its technical evaluation of all costs.

Minimal Design Build: The solicitation will contain a limited SOW that describes the work intended. Based upon the SOW the contractor shall provide a 35% design and a priced proposal. If negotiations are required, they will commence once the Government has completed their technical evaluation of all costs.

All Other Types of Construction: The solicitation will contain specifications and drawings for the contractor to propose pricing. If negotiations are required, they will commence once the Government has completed their technical evaluation of all costs.

6.0 Construction Wage Rates: Each solicitation shall identify the applicable Construction

General Wage Rate Decision(s) applicable to the particular construction project. (See

Task Orders in Section J).

7.0 Payment and Performance Bonds: Payment and Performance bond requirements pertain to the issuance of task orders. Note: FAR Clause 52.228-15 (located in section I), all references to “contract” also includes any resulting Task Order issued against this

8.0 Identification of Correspondence: All correspondence and data submitted by the contractor under this contract shall reference the contract number, Task Order number and project title.

9.0 Identification of Government Furnished Property (GFP): Pursuant to the “Government

Property” clause herein, the Government will furnish the item(s) of the property listed below as Government Furnished Property to the contractor, FOB Destination, for use in performance of this contract:

ITEM NUMBER QUANITITY DESCRIPTION VALUE

Will be cited in each individual task order as applicable.

(No GFP in the initial task orders, TBD thereafter in subsequent task orders)

10.1 No protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task order contract or delivery order contract, except for—

(i) A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or

(ii) A protest of an order valued in excess of $10 million. Protests of orders in excess of $10 million may only be filed with the Government

Accountability Office, in accordance with the procedures at 33.104.

11.0 For these contracts, the designated task order ombudsman is http://prod.nais.nasa.gov/pub/pub_library/Omb.html. The task order ombudsman is responsible for reviewing complaints from multiple award contractors and ensuring that all of the Contractors are afforded a fair opportunity to be considered for task orders in excess of $3,500, consistent with procedures in the contract. However, it is not within the designated task order contract ombudsman’s authority to prevent the issuance of an order or disturb an existing order.

12.0 Past performance shall be tracked electronically on each task order over $700,000 to the

Past Performance Information Retrieval System (PPIRS).

FAIR OPPORTUNITY:

Each Center is responsible for soliciting and awarding and administering their own task orders at their respective centers utilizing Fair Opportunity. If there are at least two small businesses that can provide the work, then the “Rule of Two” applies. Each awardee will be provided a fair opportunity to be considered for a task order exceeding $3,500 unless one of the following exceptions applies:

(i) The agency need for the supplies or services is 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. Due to the inherent risk/size/complexity, contractors working in the same space etc.

(iii) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is 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.

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

http://prod.nais.nasa.gov/pub/pub_library/Omb.html

(v) For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

(vi) 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 FAR 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in FAR part 19 apply.

(vii) The Contracting Officer reserves the order for a small business or a specific subcategory in small business. All contract holders meeting the category eligibility will be considered.

Contract holders cannot propose when they do not meet the size standard of the reserve.

(viii) The contractor holder has identified an organizational conflict of interest associated with the order.

MITIGATION OF ORGANIZATIONAL CONFLICTS OF INTEREST

(This shall apply to contracts/task orders where a potential OCI has been identified prior to award and an OCI mitigation plan is involved in the resolution of the OCI.)

(a) Mitigation plan. The Organizational Conflict of Interest Mitigation Plan and its obligations are hereby incorporated in the contract by reference.

(b) Changes.

(1) Either the Contractor or the Government may propose changes to the Organizational Conflict of

Interest Mitigation Plan. Such changes are subject to the mutual agreement of the parties and will become effective only upon incorporating the change into the plan by contract amendment.

(2) In the event that the Government and the Contractor cannot agree upon a mutually acceptable change, the Government reserves the right to make a unilateral change to the OCI Plan as necessary, with the approval of the head of the contracting activity, subject to Contractor appeal as provided in the Disputes clause.

(c) Violation. The Contractor shall report any violation of the Organizational Conflict of Interest

Mitigation Plan, whether by its own personnel or those of the Government or other contractors, to the

Contracting Officer. This report shall include a description of the violation and the actions the

Contractor has taken or proposes to take to mitigate and avoid repetition of the violation. After conducting such further inquiries and discussions as may be necessary, the Contracting Officer and the

Contractor shall agree on appropriate corrective action, if any, or the Contracting Officer shall direct corrective action.

(d) Breach. Any breach of the above restrictions or any nondisclosure or misrepresentation of any relevant facts required regarding organizational conflicts of interests to be disclosed may result in termination of this contract for default or other remedies as may be available under law or regulation.

(e) Subcontracts. The Contractor shall include the substance of this section, including this paragraph

(e), in subcontracts where the work includes or may include tasks related to the organizational conflict of interest. The terms ―Contractor and ―Contracting Officer shall be appropriately modified to reflect the change in parties and to preserve the Government’s rights.

DISCLOSURE OF ORGANIZATIONAL CONFLICT OF INTEREST AFTER CONTRACT

AWARD

(a) If the Contractor identifies an actual or potential organizational conflict of interest that has not already been adequately disclosed and resolved (or waived in accordance with FAR 9.503), the

Contractor shall make a prompt and full disclosure in writing to the Contracting Officer. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order or resolve the conflict. This reporting requirement also includes subcontractors’ actual or potential organizational conflicts of interest not adequately disclosed and resolved prior to award.

(b) Mitigation plan. If there is a mitigation plan in the contract, the Contractor shall periodically update the plan, based on changes such as changes to the legal entity, the overall structure of the organization, subcontractor arrangements, contractor management, ownership, ownership relationships, or modification of the work scope.

PART II- CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS (NOV 2013)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(SEP 2006)

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

52.203-8 CANCELLATION, RESCISSION AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

(MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

52.203-14 DISPLAY OF HOTLINE POSTER(S) Paragraph (b) (3) (NASA Contracting

Officer, Hotline # 800-424-9183) (OCT 2015)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR

2014)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-2 SECURITY REQUIREMENTS (AUG 1996) ALTERNATE II (APR 1984)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POST CONSUMER FIBER

CONTENT PAPER (MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-

DELIVERY CONTRACTS (OCT 2016)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR

PROPOSED FOR DEBARMENT (OCT 2015)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JUL 2013)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015)

52.210-1 MARKET RESEARCH (APR 2011)

52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX

OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPITIONS (JUN 1988)

52.214-26 AUDIT RECORDS—SEALED BIDDING (OCT 2010)

52.214-27 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING

DATA—MODIFICATIONS—SEALED BIDDING (AUG 2011)

52.214-28 SUBCONTRACTOR CERTIFIED COST OR PRICING —

MODIFICATIONS—SEALED BIDDING (OCT 2010)

52.214-29 ORDER OF PRECEDENCE—SEALED BIDDING

52.215-2 AUDIT AND RECORDS-NEGOTIATION (OCT 2010)

52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT 1997)

52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (AUG

2011)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING

DATA-MODIFICATIONS (AUG 2011)

52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA-

MODIFICATIONS (OCT 2010)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND

DATA OTHER THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS

(OCT 2010)

52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)

52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE AWARD (NOV 2011)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL

BUSINESS CONCERNS (OCT 2014)

52.219-7 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (JUN 2003)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN ALT II (NOV 2016) (JAN 2017)

52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (JAN 1999)

52.219-27 NOTICE OF SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS

SET-ASIDE (NOV 2011)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL

2013)

52.219-30 NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE AWARD…