Attach 2 Ordering Instructions.pdf

Solicitation: FA469020R0005 Attachment 2

ORDERING INSTRUCTIONS

for

ELLSWORTH AFB MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)

10 Aug 2020

1. GENERAL. The purpose of this Multiple-Award Construction Contract (MACC) is to provide construction services for a broad range of military renovation and construction projects in support of Ellsworth AFB (EAFB), South Dakota. Construction to be furnished under this contract will be ordered by issuance of Task Orders.

1.1. Paperless Initiatives. Ellsworth AFB is fully committed to the Federal Government’s electronic commerce and paperless contracting initiatives. As such, it is anticipated that all documents associated with the Ellsworth MACC will be issued using electronic methods, i.e., the internet, email, etc. to the maximum extent practical. Contractors shall obtain and maintain capability to receive documents in this manner consistent with common commercial practices as technology evolves during the performance of this contract.

1.2. Pricing. All Task Orders (TO) shall be issued on a Firm-Fixed Price (FFP) basis.

1.3. Ombudsman. The TO 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 TOs in excess of $2,000 consistent with procedures in the contract. However, it is not within the designated TO contract ombudsman's authority to prevent the issuance of an order or disturb an existing order. This clause does not guarantee the contractor issuance of any TO above the minimum guarantee stated in the Ellsworth AFB Multiple Award Construction Contract ID/IQ contract. See Contract clause 5352.201-9101 in the basic contract for Ombudsman information.

1.4. Interchanges. The Government may conduct interchanges with one, some, all or none of the Offerors at its discretion.

1.5. Proposal Preparation Costs. The contractor shall assume all costs associated with preparation of proposals for TO awards and/or any modifications under this contract.

The Government will not reimburse contractors for proposal preparations costs as a direct cost.

2. FAIR OPPORTUNITY. The procedures for selecting contractors for order awards under this contract are governed by FAR 16.505 and its supplements. For each TO, the ordering Contracting Officer (CO) will initiate the fair opportunity selection process by sending a Fair Opportunity Proposal Request (FOPR) letter and attachments (hereafter referred to as the FOPR package) to each of the Ellsworth Multiple Award Construction Contract (MACC) ID/IQ prime contractors via direct electronic communication, typically via email.

2.1. The FOPR will include, at a minimum, the following information:

Proposal due date/time and name/email address of POC, to submit proposal to;

Project specific statement of work with location of construction Other requirement documents such as drawings and/or appendices Period of performance Funding availability statement Magnitude of construction Bonding requirements Identification of liquidated damages rate, if applicable Applicable Wage Determinations Any additional clauses that may be needed

3. EXCEPTION TO FAIR OPPORTUNITY. The CO will provide all awardees a "fair opportunity" to be considered for each order in excess of $2,000 unless one of the conditions below applies:

3.1. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays;

3.2. 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;

3.3. 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;

3.4. The Contractor has five active Task Orders;

3.5. The Contractor is more than 5% behind schedule on any active Task Orders (barring those that are behind due to Government delays);

3.6. If the Contractor has received an unfavorable CPARS rating on any Task Orders within the previous calendar year; or

3.7. At the discretion of the Contracting Officer

4. FAIR OPPORTUNITY SELECTION PROCESS. Orders shall be placed on the basis of best value to the Government. Best value is achieved by use of one of the following procedures:

4.1. Low Priced Technically Acceptable (LPTA). The LPTA procedure is where best value is expected to result from selection of the technically acceptable proposal with the lowest total evaluated price. The term “technical,” as used herein, refers to all non-price factors other than past performance. More than one “technical” factor can be used and titled to match the specific evaluation criteria appropriate for the construction project.

4.1.1. The FOPR shall describe the minimum requirements that will be used to determine the acceptability of the proposal.

4.1.2. All factors other than price are evaluated on an “acceptable” or “unacceptable” basis. All factors must receive an acceptable rating to be considered technically acceptable and eligible for award.

4.1.3. All proposals that are determined technically acceptable are treated equally and will be ranked by total evaluated price from lowest to highest. Beginning with the lowest total evaluated priced offer, price will be evaluated using one or more of the proposal analysis techniques described in FAR 15.404. The proposed price will be evaluated for:

4.1.3.1. Completeness. All price information required by the FOPR has been submitted, to include option period pricing when applicable.

4.1.3.2. Reasonableness. The degree to which the proposed prices compare to the prices a reasonably prudent person would expect to incur for the same or similar services.

4.1.3.3. Balance. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more price elements, including profit and overhead, is significantly overstated or understated as indicated by the application of cost or price analysis techniques from FAR 15.404.

4.1.4. If an offeror's proposal is rejected for any reason regarding price, the evaluation process will be repeated with the next lowest offeror until an offer is selected for award. The process will continue until the apparent successful offer is evaluated for price and is determined fair and reasonable and not unbalanced to the point that poses an unacceptable risk to the Government.

4.2. Tradeoffs. This procedure permits tradeoffs between price and non-price evaluation factors and allows the Government to award the task order to other than the lowest priced offeror.

4.2.1. If the Government decides to issue the FOPR as a tradeoff procedure, award factors will vary depending on the unique requirements of each construction project.

4.2.2. All evaluation factors and significant sub-factors that will affect contract award and their relative importance shall be clearly stated in the FOPR. The following criteria may be evaluated, in addition to price:

Past performance under this contract or other contracts including:

o Quality of construction o Compliance with schedule requirements o Relevant experience o Cost growth Design features/superiority The contractor’s demonstrated technical understanding of the work The most efficient and effective plan to accomplish the work.

Rationale for proposed materials, type and quantities.

Sustainable design features

5. PROPOSAL SUBMISSION PROCESS. All Contractors are highly encouraged to submit a proposal for every FOPR under this contract. At a minimum, each Contractor shall propose on 80% of FOPRs. Failure to maintain an 80% proposal rate may subject the contractor to Off-Ramping procedures.

5.1. The Contractor’s proposal shall be submitted to the ordering CO on or before the time and date specified in the FOPR package. The Contractor’s proposal shall include the following information as well as any additional information, requested in the FOPR package:

Cover letter acknowledging all amendments and stating proposal acceptance period at least as long as requested in the SOW

Completed AF Form 3052, Construction Cost Breakdown to list all major cost elements along with overhead and profit rates to be applicable for the term of the individual Task Order. All completed AF Form 3052s shall be filled out to the division level.

Completed Bid Schedule with pricing for each CLIN as requested in the FOPR package

RMD if applicable Contractors may be required to submit past performance information in response to a

FOPR.

6. PROPOSAL EVLUATION PROCESS. The Government will evaluate proposals against the selection criteria specified in the FOPR and will award to the offeror whose proposal is deemed most advantageous to the Government based upon an integrated assessment using the evaluation criteria established in the FOPR.

7. ISSUING ORDERS. Upon award, the Government will transmit the task order to the Contractor on a DD Form 1155 or other similar form. It is anticipated that all awarded TOs will be issued electronically. If mailed, a TO is considered "issued" when the Government deposits the order in the mail.

8. NOTICE TO PROCEED. The contractor shall physically start work within 10 days of receipt of the written Notice to Proceed issued by the Contracting Officer and shall diligently continue until work is completed within the time frames established in the task order.

9. POST AWARD ADMINISTRATION

9.1. Changes. To permit an adequate evaluation of the proposed price in accordance with FAR 15.403-3, price proposals require more detail than in the Fair Opportunity Task

Order selection process. Refer to clause 52.215-21, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications, for the detail and format of modification price proposals. Proposals will be evaluated using FAR

15.404 and pricing negotiated as necessary to reach agreement on a fair and reasonable price. In an effort to streamline the process, if a change or modification calls for essentially the same type and mix of work as the task order and is of relatively small dollar value compared to the total contract value, the Government Objective will use the same profit and overhead rates evaluated in the original task order award for that change or modification.

9.2. Time Extensions for Unusually Severe Weather. Unless specified otherwise in a task order, this paragraph specifies the procedure for the determination of time extensions for unusually severe weather. In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

9.2.1. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month. Base closures for more than half the normal workday automatically qualify for weather delays.

9.2.2. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

9.2.3. Weather delays will be based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations.

9.2.4. Upon acknowledgment of the notice to proceed (NTP) and continuing throughout the contract, the contractor will record on the daily Contractor Quality Control (CQC) report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delays must prevent work on critical activities for 50 percent or more of the contractor’s scheduled workday.

9.2.5. The contractor shall provide the list of days they were impacted for the current month. If the construction is not completed by the completion date and the contractor experienced valid weather days that negatively impacted their ability to complete the work, the CO will issue a bilateral modification to extend the period of performance by the number of actual adverse weather delay days during the period of performance and reported on a monthly basis by the prime contractor.

9.3. Evaluation of Contractor Performance. In accordance with FAR 42.1502(e), the Contractor's performance will be evaluated annually. Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government. Contractors will be sent an email notice to review and comment, if appropriate, on the performance evaluations via a web based system. A contractor point of contact (POC), to receive notification of performance evaluations, shall be identified at time of award of the basic contract. The POC must maintain a current email address on file with the web based system.