Atch 2 - AE23_DOD_POL_AE_MATOC_SOW_draft.docx

STATEMENT OF WORK

For

INDEFINITE-DELIVERY, INDEFINITE-QUANTITY (IDIQ) MULTIPLE AWARD

TASK ORDER CONTRACT (MATOC) FOR ARCHITECT-ENGINEER (A/E)

SERVICES FOR TRADITIONAL TITLE I, TITLE II, AND ASSOCIATED POL A/E

SERVICES FOR DEFENSE LOGISTICS AGENCY (DLA) FACILITIES

WORLDWIDE

AE23POL MATOC

10 February 2022

1. General: This requirement is for a Indefinite-Delivery, Indefinite-Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) for AFCEC Worldwide Fuels Infrastructure Mission for the FY23-FY33 Architect-Engineer Services for Petroleum, Oil, and Lubricant Facilities (AE23POL). This Statement of Work establishes the general requirements for the performance of the various services required under the contract. Required services include full or abbreviated multi-disciplinary design services for renovation, repair, and construction projects, as well as design reviews and construction management services. Individual Task Orders assigned under this contract will identify specific requirements. Effort may also include supporting government project managers and Contracting Officers in their negotiations with construction contractors prior to award of construction Task Orders and/or modifications, or in assisting the Government Project Managers in reviewing design and/or engineering documents submitted by other A/E firms. The contractor shall obtain the necessary permits, licenses, and approvals from all local, State and Federal authorities as necessary for the performance of A-E services.

2. Ordering Limitations: Each basic IDIQ contract within this MATOC consists of a base period of 5 years plus one 5-year option period. Each contract structured to allow for the issuance of Firm Fixed Price (FFP), negotiated, task orders. Labor rates will be renegotiated for the five year option period. The $500,000,000 contract capacity shared amongst all contract holders. The Task Order limitation is a minimum of $2,500 and maximum of $5,000,000, subject to the conditions of FAR 52.216-19 – Order Limitations.

3. Scope: Task orders shall incorporate Architect-Engineer (A-E) services in support of the fuels infrastructure mission at worldwide locations, which include US installations supported by the Air Force, Army, Navy, Coast Guard, Air National Guard, and others. These AE Services comprise the renovation of existing facilities, demolition, repair, or replacement of POL Facilities stipulate Title I, Title II, and associated AE POL services necessary to complete individual task order requirements at locations worldwide.

3.1 Title I Services include engineering and engineering-related services, such as field surveys and investigations to obtain design data. Title I services include aspects of design, such as preparation and/or review of contract plans, specifications, schedules, cost estimates, estimated periods of performance for construction, system commissioning and retro-commissioning services, and preparation of operating and design manuals. Title I efforts also encompass efforts required to support and develop design work, including American Petroleum Institute (API) or Steel Tank Institute (STI) inspections, planning and programming, program management, project scoping, studies, investigations, evaluations, consultations, conceptual designs, value engineering, operation and monitoring, topographic survey services, and infrastructure systems.

3.2 Title II Services, Designer of Record (DOR) Support, and Post Construction Award Services (PCAS) include construction support services that encompass a full range of disciplinary expertise and services to support DoD POL Systems repairs. Service and support activities include on-site construction oversight assistance, design reviews, assist quality assurance inspections, check adherence to applicable specifications, construction schedule analysis, material submittal reviews, environmental submittal reviews, and other standard construction submittal reviews. Construction management services will coordinate with other Government agencies to obtain necessary permits, formal inspections, and final Government acceptances.

3.3 Other Services include specific services include, but are not limited to, fuel system analysis, pipeline safety studies, optimization of systems at fuel facilities, and pollution prevention activities for DLA fuel facilities. Other services include design reviews, program management, incidental environmental compliance, scoping studies, investigations, evaluations, value engineering services, and inspections.

3.4 Claims, Dispute, Resolution, and Litigation services include acting as a consultant, witness, or litigation-support contractor, as the Air Force may require, when a dispute exists with a construction contractor (assist claims, complaints, demands, or requests for equitable adjustment, for example). These services include the review of claims from, or assist in pursuing Government claims against, any construction contractor, rendering assistance the Air Force may require, including furnishing reports with support information necessary to resolve the dispute or defend against the claim. Other services include the preparation and assembly of the appeal file, participating in meetings or negotiations with the claimant, appearing at depositions, appearing before the Board of Contract Appeals or court of law, or providing other appropriate assistance.

The contractor shall maintain all records pertaining to each task order for a period of 10 years from final payment, except in cases when the Contracting Officer notifies the contractor a longer period necessary due to a long-running dispute. The purpose of this retention supports actions that may involve the Government because of information or design produced from this contract. The records include drawings, documents, calculations, and internal memos. Original items or stored electronic copies may represent these records. The contractor shall assist the Government in litigation involved in this matter.

The Contracting Officer shall direct and assign litigation assistance described herein, and the Contracting Officer may issue a separate task order for support, dependent upon the level of effort required.

4. Key Personnel: The contractor agrees to assign the key personnel associated with the resumes submitted as part of the SF330 to manage and oversee task orders. No substitutions are allowed, except in accordance with this paragraph. Submit proposed substitutions in writing to the contracting officer at least 30 days in advance of the proposed substitutions. Such requests for substitution shall furnish a detailed explanation of the circumstances that necessitate the proposed replacements, a complete resume for the proposed substitute, and any other information requested by the contracting officer to approve or disapprove the proposed substitution. ALL PROPOSED SUBSTITUTES MUST HAVE QUALIFICATIONS EQUAL TO OR HIGHER THAN THE QUALIFICATIONS OF THE PERSON TO REPLACE. The contracting officer or authorized representative will evaluate such requests and promptly notify the contractor of approval or disapproval thereof.

Credentialed members of the architectural, planning, science and engineering professions shall perform the primary technical services. Generally, a credentialed professional (a) is licensed (such as a registered professional engineer) to practice in the state where the facility located and (b) commands the necessary expertise, in terms of knowledge and experience, to undertake the specified task identified at the task order level.

5. Extent of Service/Minimum Guarantee: The minimum guarantee for each contract equals $2,500. Award of the first task order satisfies this guarantee and requires the contractor to attend a half-day “contractor school” in San Antonio, TX, to learn about this contract and its procedures, terms, and conditions. The Government makes no guarantee as to the total amount of services required, reserves the right to oblige no services during the contract period, and obtain similar services from other sources.

6. Contract Administration: The administration of each contract, and award of all associated task orders, falls under the responsibility of the 772 Enterprise Sourcing Squadron (ESS), who shall maintain contracting authority from inception through closeout. Conduct award and administration activities of task orders thereto in accordance with FAR Part 36.6 and DFARS Part 236.6.

7. Project Management and Oversight: Upon award of each task order, the A-E shall designate a Project Manager (PM) responsible for prosecution of the individual Task Order. The PM shall represent the point of contact for the Government Project Manager. The Air Force Civil Engineer Center (AFCEC) shall perform Government project management and oversight. The Contracting Officer shall appoint a Contracting Officer’s Representative (COR) to each task order.

8. Decentralized Ordering: This contract does allow for decentralized ordering by exception. If decentralized ordering is determined necessary, the Corporate Contracting Officer may allow another agency outside of 772 ESS to place an order in accordance with this Statement of Work.

9. Task Order Periods of Performance: Each task order will include a period of performance specific to that task order. Performance periods for each task order are subject to the limitations of FAR 52.216-22, such that contractors are not required to make any deliveries under this contract after the date stated in FAR 52.216-22. However, should the contractor agree to complete work beyond that date, through issuance of a task order or subsequent bilateral modification, the contract and task order shall govern the rights and obligations of the Contractor and Government with respect to that task order to the same extent as if the task order were completed during the effective period of the contract.

10. Task Order Format: This basic contract SOW provides a general framework for the type of work, ordering limitations, and geographical limitations (none) that can be ordered against this contract. Task order (TO) SOWs shall be tailored to identify specific requirements at the TO level and may be any format and for any type of work that fits the general framework and intent of this SOW. Task Order CLINs shall reference the Base Contract CLIN 0001 or Option CLIN 1001 (FFP), although each Task Order requires its own, independent CLIN structure. The CLIN structure and format shall fit the specific requirement of that task order, starting at CLIN 0001 and use the appropriate number of CLINs and/or SubCLINs necessary, to properly identify the task order requirements. This format allows efficient and effective funding and invoicing procedures.

11. Submittals and Invoicing: Each task order shall identify submittal and invoicing procedures.

12. Subcontracting Plan Requirements: SUBCONTRACTING PLANS APPLY TO LARGE BUSINESS FIRMS ONLY. Incorporate the subcontracting plan agreed upon during negotiations of this contract and contract award as Attachment 2. The Subcontracting Plan shall comply with applicable FAR and DFARS Part 19 subcontracting requirements, to include 52.219-9, Small Business Subcontracting Plan (DEVIATION 2016-O0009). Subcontracting goals and targets for this program as follows:

13. Ordering Procedures:

13.1 Selection of the most highly qualified firm at the task order level will be consistent with the procedures in FAR 36.6 and DFARS 236.6. In most cases, experience and qualifications information from MATOC holders shall be gathered through a Request for Information (RFI) process as specific project requirements are developed to ensure the most highly qualified firm is selected at the task order level. The Government may gather information through a programmatic process across a specific type of work or geographic location, or for individual projects.

13.2 The relative importance of selection criteria may vary among task order requirements, and may include Primary Selection Criteria in accordance with FAR 36.6 and/or Secondary Selection Criteria in accordance with DFARS 236.6. The Government may not consider firms that do not respond to an RFI. Conversely, when the Government issues a programmatic RFI, Requests for Proposals may be issued to multiple firms that are each considered the most highly qualified to ensure sufficient capacity to perform the work exists across a large program. Given the extent of highly specialized and qualified DoD POL AE firms on this MATOC, in many cases, particular emphasis shall be made to select firms with knowledge of a specific project(s) locality, as well as the firm’s capacity to perform the work. Past Performance of recent AFCEC DoD POL projects shall be considered.

13.3 In accordance with FAR 16.505(b)(2)(i)(c), when a logical follow-on task order is contemplated (i.e. performing a Phase II design after the Phase I effort has been completed, or performing a 100% design after a conceptual design was completed), the Government will not likely issue an RFI as the original firm selected was already deemed the most highly qualified for the initial work and now possesses more experience and familiarity with the second phase of the work. If the previously selected firm performs well, the Government will likely issue an RFP to that firm for the follow-on action. However, if past performance represents a concern, or capacity to complete the follow-on work becomes questionable, the Government may pursue an alternative approach to find the most highly qualified firm.

13.4 The Government will issue a Request for Proposal (RFP) to the most highly qualified firm to perform the required services. The Task Order RFP shall specify terms and conditions for the task order to include proposal preparation instructions and proposal due date. Task Orders that exceed the FAR 15.403-4 threshold are subject to Certified Cost or Pricing Data requirements. All other proposals shall require other than certified cost or pricing data in support of the proposals. The Government will evaluate each proposal and set up negotiations, as necessary, to arrive at a fair and reasonable price. An award shall be made upon receipt of certified funds.

13.5 If a fair and reasonable price cannot be reached with the most highly qualified firm, the Government may issue an RFP to the next most highly qualified firm, and conduct negotiations to establish a fair and reasonable price.

14. Pricing of Task Orders:

14.1 The applicable base contract labor rates (Attachment 1) shall be utilized for negotiation of each task order price. Rates are established based on each Federal Fiscal Year. Rates that are in effect at the time of task order award, shall be applicable to all work under that task order, regardless of the period of performance, with the following exception:

If a negotiated task order contains options CLINs, such that the task order clearly states the intent for the option work performed in future fiscal years, the Government may authorize use of applicable future fiscal year labor rates. Example: If a task order awarded to perform tank inspections in FY24, with options to perform specific tank inspections in FY25, the option period may be negotiated utilizing FY25 labor rates. However, if a task order is awarded in FY23 for a number of tank inspections and the period of performance crosses fiscal years, the FY23 labor rates shall be utilized for the performance of all work on the task order.

14.2 The negotiated composite labor rates for the base contract do not include Prime contractor profit. Prime contractor profit shall be applied to the total of all labor and Other Direct Costs.

14.3 The fully burdened labor rates for the base contract shall represent a composite rate between the Prime Contractor and Teaming partner rates. The Government will not negotiate separate teaming partner rates. The composite rates include both prime and teaming partner base labor, fringe, overhead, G&A (if applicable), and teaming partner profit. See the final negotiated rates (Attachment 1) for application of G&A, if applicable.

14.4 This is not a requirements contract. Bid and proposal costs in any task order proposal or modification shall not be included.

14.5 Task Orders that require specialty Engineering rates not identified in the base contract may be negotiated those rates in a separately through a request to the Corporate Contracting Officer, who may either negotiate the rate, or delegate the negotiation to the Task Order Contracting Officer. If a specialty engineering discipline is deemed necessary at the task order level, Contractors are encouraged to propose and identify, at the task order level, a similar engineering discipline already included in the contract to allow use of the negotiated rate.

14.6 If FAR 52.217-8 Option to Extend Services is exercised, the labor rates in effect for the previous Fiscal Year will remain in effect during the extended period and shall be considered evaluated at time of basic contract award.

14.7 Subcontracted Work

14.7.1 Compete all subcontracted effort over $2,500 unless published price lists are available and included with the proposal (i.e. equipment rental). In rare instances, if subcontractor competition is not obtained, the Prime Contractor shall ensure enough information is provided in the proposal for the Government to thoroughly evaluate the level of effort of the subcontracted work (labor, equipment, materials, overhead, and profit).

14.7.2 Task Orders that require specialty trades that are associated with engineering services, but that do not require a Professional Engineer to ‘stamp’ a final product, are authorized to be subcontracted. Examples include tank inspections, pipeline inspections, and cathodic protection inspections. In this case, if the final product requires an Engineer stamp or certification, the contract allows subcontracting the inspections, as long as the Prime Contractor or its Teaming Partner provides the appropriate stamp or certification.

15. Quality Control: The A-E shall produce complete, competent, properly coordinated, and thoroughly reviewed design and engineering documents within the agreed schedules. The A-E shall maintain quality control to assure completion of work within the specified time.

16. Conflict of Interest: The A-E shall not furnish information or services that pertain to this contract to any individual or firm other than the Contracting Officer or an authorized representative, except as required to obtain quotations for materials and supplies for subcontract work.

PERSONNEL QUALIFICATIONS AND EXPERIENCE

The following list of qualifications generally reflects the minimum personnel requirements associated with the architectural and engineering activities in this contract. Other disciplines not listed are required to have comparable qualifications in the requisite field of expertise.

Unless otherwise indicated in writing by the Contracting Officer, architects or engineers registered to practice in the particular professional field involved in a state (or the state where the work is to be performed if required by law) or possession of the United States, in Puerto Rico, or in the District of Columbia shall accomplish, review, and approve the design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work specified in individual Task Orders. Registration as a professional engineer in a particular specialty is considered equivalent to a bachelor’s degree. Experience may be substituted for only one educational degree for any one individual. Degrees may not substituted for experience requirements.

1. PROGRAM MANAGER - The contractor’s program manager shall be responsible for the overall management of tasks performed under this contract and shall serve as the primary point-of contact for overall contractual issues. The contractor shall assign the program manager upon award of the contract. The Program Manager shall ensure practical and effective systems are developed to meet the objectives of the action and ensure that quality work is completed on schedule and within the Task Order ceiling. The program manager shall assign qualified personnel to individual TOs. The program manager shall possess, as a minimum, the following qualifications:

a. A bachelor’s degree from an accredited school in an engineering related technical field*

b. A minimum of 10 years program management experience, with a minimum of 5 years experience in design program management of DOD facilities within the past 10 years.

*Engineering related technical fields include architect and engineer, civil, structural, electrical, mechanical, chemical, petroleum, fire protection, geotechnical, or industrial

2. LEAD PERSONNEL: The Lead personnel shall be responsible for program level quality control and oversight of task orders. The Lead Personnel were identified in the SF330. Any changes to the Lead personnel must be approved by the Contracting Officer.

Lead personnel are required for the following disciplines:

3. PROJECT MANAGER: The project manager shall be responsible for managing specific TOs issued under this contract and shall ensure contract requirements are met. The project manager shall serve as the primary point of contact for an individual TO. The project manager shall ensure qualified personnel are assigned to individual TOs. The project manager shall possess, as a minimum, the following qualifications:

a. A bachelor’s degree from an accredited school in an engineering related technical field*

b. Professional Engineer (PE) registration

c. A minimum of 8 years project management experience, with a minimum of 5 years experience managing design projects for DOD Fuels facilities within the past 10 years.

*Engineering related technical fields include architect and engineer, civil, structural, electrical, mechanical, or industrial,

4. ARCHITECT/ENGINEERING LABOR: Depending on the nature of the TO, the contractor may need a variety of professional labor personnel that specialize in DOD fuel system technical activities as specified in this basic contract Statement of Work (SOW). Professional labor disciplines are divided into 3 categories: Junior Level, Mid-Level, and Senior-Level. Minimum qualifications for each category are as follows:

a. Junior Level must possess a bachelor’s degree from an accredited school in an architectural or engineering related technical field* consistent with the required duties of the position and a minimum of two years of experience related to DOD Fuels facilities from the receipt of degree. Junior level personnel perform routine tasks such as preparing graphical or tabular presentations of data, simple data interpretation, preparation of supporting material, etc.

b. Mid-Level must possess a bachelor’s degree from an accredited school in an architectural or engineering related technical field* consistent with the required duties of the position and a minimum 5 years of experience directly applicable to DOD Fuels facilities, and shall possess an engineer-in-training (EIT), professional engineer (PE), or Registered Architect (RA) credential. Mid-level personnel perform technical tasks such as calculations, layouts, evaluation of data, and preparation of portions of a design or report under the direction of a senior professional.

c. Senior Level must possess a bachelor’s degree from an accredited school in an architectural or engineering related technical field* consistent with the required duties of the position and a minimum 10 years of experience directly applicable to DOD Fuels facilities, and must possess a PE or RA credential. Senior level professionals are responsible for perform complex or non-routine technical tasks or for supervision and oversight of a small group working on technical issues or specific elements of a project.

Experience required within the past 10 years for the qualifications stated above (Section 4a, 4b, and 4c).

*Engineering related technical field, such as architect and engineer, civil, structural, electrical, mechanical, chemical, petroleum, fire protection, geotechnical, or industrial.

The following architect-engineering labor categories are required for the performance of this contract:

5. TECHNICAL LABOR: Depending on the nature of the TO, the contractor may need a variety of technical labor personnel that specialize in architectural and engineering activities as specified in the Task Order. Technical personnel serve a support role for the TO requirements. One rate/level applies per technical labor category. The minimum qualifications for each category includes at least 2 years of experience related to DOD Fuels facility repairs in the labor discipline or as otherwise stated below:

The following technical labor categories are required for the performance of this contract:

6. ADMINISTRATIVE: Administrative personnel responsibilities include procurement, subcontract management, accounting systems, schedule maintenance, filing, reports, and closeout activities. One rate/level applies per labor category. The following administrative labor categories are required for the performance of this contract: