Attach 3 - Section H - Ordering Procedures.pdf

SECTION H – SPECIAL CONTRACT PROCEDURES

1.0 ORDERING PROCEDURES FOR TASK ORDERS.

1.1 When the AOC requires work under the IDIQ, a task order Request for Proposal (RFP) will be issued via email.

1.2 Services to be ordered under this contract shall be ordered by issuance of a written task order executed by an authorized AOC Contracting Officer (CO). All task orders are subject to the terms and conditions of this contract. Authorized ordering officers include any AOC Acquisition & Material Management Division CO within their delegated authority.

2.0 TASK ORDER THRESHOLDS.

2.1 Except for the purpose of satisfying the minimum guarantee, individual task orders are limited to a minimum amount of $1,000,000 and a maximum amount of $50,000,000.

2.2 The contractor is not obligated to honor orders received for less than the minimum ordering amount although the contractor may choose to honor the order. In the event the contractor chooses not to honor the order, it must be returned to the ordering officer within five (5) calendar days with the contractor’s written rejection of the order.

3.0 TASK ORDER PROCEDURES

3.1 As the need exists for performance under the terms of this contract, the CO will notify the contractor of an existing requirement, and task order will be awarded within the scope of the terms and conditions and specifications of this contract.

3.2 Generally, the task order RFP will include but is not limited to the following:

3.2.1 Statement of Work/Specifications/Drawings (if applicable)

3.2.2 Period of Performance

3.2.3 Proposal due date and proposal delivery instructions

3.2.4 Technical proposal instructions

3.2.5 Evaluation factors for award

3.2.6 Price proposal instructions

3.3 Offeror's attendance at walk-throughs (site visits) is considered vital to preparation of competitive and cost-effective offers and to understanding the total results desired by the AOC. IDIQ holders are encouraged to attend all scheduled site visits prior to issuing a proposal.

3.4 Costs for preparation of task order proposals and pre-award activities shall be the sole responsibility of the contractor. Contractors will not be reimbursed for attendance during negotiations, site visits, or any other task order pre-award activities.

3.5 The CO will ensure that each awardee shall be given a fair opportunity to be considered for each task order. Unless the CO applies the exceptions noted in paragraph 4.0, each task order will be awarded as a result of competition, to the Contractor who offers the best value to the AOC considering the criteria specified.

3.6 The task orders will be either Firm Fixed Price, Guaranteed Maximum Price, or Time & Material with a specific number of calendar days for completion or a specified period of performance. The typical task order delivery method will be structured as a Design-Bid-Build, however some task orders may be Design-Build. The ordering CO has broad discretion to apply the appropriate contract type and delivery method to any task order depending on the Scope of Work and/or needs of the AOC.

3.7 The AOC is not obligated to obtain written technical proposals or hold discussions prior to award of a task order. If the AOC determines that criteria are necessary, proposals may be submitted in writing.

Should all proposals contain deficiencies that would preclude awarding the task order, exchanges will be held to resolve the deficiencies and contractors will be provided an opportunity to submit final proposal revisions. The AOC reserves the right to open discussions if needed prior to award of a task order. A Technical Proposal, if required, may address one or more of the following factors in Sections 3.7.1-3.7.4.

Note – the ordering CO has broad discretion for applying technical factors not listed below to any task order depending on the Scope of Work and/or the needs of the AOC.

3.7.1 The contractor’s technical understanding of the work.

3.7.2 The most efficient and effective plan to accomplish the work.

3.7.3 Rationale for proposed materials, type, and quantities.

3.7.4 The background and experience of the contractor and/or its key personnel.

3.8 Upon receipt of the contractors' proposals, the AOC will evaluate the proposals for completeness and reasonableness utilizing the evaluation procedures outlined in the task order RFP. Award will be made to the contractor providing the best value to the AOC through either lowest price, lowest price technically acceptable, or a tradeoff basis as described in the RFP after price is determined to be fair and reasonable by the CO.

3.9 No protest under AOC Order 34-1, Section 10, is authorized in connection with the issuance or proposed issuance of an order under a task order except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

4.0 LIMITS TO COMPETITION

4.1 Contractors MAY be restricted from competition on individual task orders if, at the time of task order RFP issuance, any of the following conditions apply:

4.1.1 The Contractor has five active task orders.

4.1.2 The Contractor has received an unfavorable CPARS rating on any task order within the previous 12 months.

4.1.3 The Contractor has exceeded the individual maximum IDIQ amount of $250,000,000.

4.2 The AOC reserves the right to make award of a task order without competition based upon the following:

4.2.1 To satisfy the minimum IDIQ guarantee.

4.2.2 The agency need is so urgent that providing a fair opportunity would result in unacceptable delays.

4.2.3 When there is a reasonable basis to conclude that the agency’s minimum needs can only be satisfied from only one source/supplier with unique capabilities.

4.2.4 The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract.

4.2.5 A statute expressly authorizes or requires that the construction be procured from a specific source.

4.2.6 For security related projects (2 U.S.C.§ 1821(a)(2)).

5.0 AVAILABILITY OF FUNDS.

5.1 The AOC may request proposals for which funding is not currently available for the award (which will be duly noted in the request for proposals). If funds fail to become available for the award of the project, the event shall not constitute a basis for equitable adjustment under this contract. If funds for a project become available within 30 days after the expiration of the proposal acceptance period, the AOC may request an extension of the contractor’s proposal acceptance period without further competition for the project. If the proposal acceptance period is not extended by the contractor, the project may be re-solicited.

6.0 ON/OFF RAMP PROCEDURES

6.1 The MACC contract will contain on- and off-ramp procedures. The purpose of the on-ramp procedures is to allow the AOC to maintain a competitive and highly qualified pool of contractors that actively participates in task orders. A contractor will be on-ramped in the event that an existing contractor has been off-ramped for any reason stated in section 6.2.2.

6.2 Off-Ramp Procedures

6.2.1 The purpose of the off-ramp procedures is to allow the AOC to remove contract holders that are not participating in good faith in task order competitions or not consistently delivering construction services at a level of quality required. If for any reason, a contractor cannot participate in a competition, the contractor shall provide written notice of the reason(s) for non-participation prior to the proposal due date.

6.2.2 The AOC reserves the right to off-ramp contractors for any of the following reasons:

6.2.2.1 Failing to participate (or no bid) in the majority of task order RFPs,

6.2.2.2 Receiving a Marginal or Unsatisfactory CPARs rating on any task order,

6.2.2.3 Unresponsiveness to warranty and/or punchlist-related work, or

6.2.2.4 Consistently submitting unreasonably high proposal amounts in order to meet the stated participation rates (see paragraph 6.2.2.1) with no intention of receiving the task order award.

6.2.3 Contractors off-ramped will receive a written notification from the CO identifying the reason for being off-ramped. Contractors that are off-ramped will be removed from the pool of MACC contractors and no longer be considered for future task orders and the preceding option period will not be exercised.

6.3 On-Ramp Procedures

6.3.1 The AOC reserves the right to on-ramp additional contractors at any time during the life of this MACC contract. On-ramping a contractor may take place at any time after the initial set of MACC awardees in order to enhance the competitive environment of task order solicitations under the originally awarded MACC contracts. The original effective period for contract holders is eight (8) years, if all options are exercised, from original MACC establishment; no contract will extend beyond this limitation regardless of when a basic contract is awarded.

6.3.2 In addition to the above, the AOC reserves the right to on-ramp one or more new MACC contractors by reopening the competition using a separate solicitation and evaluation criteria at any time during the term of the MACC ordering period to add more MACC contracts to the existing pool of MACC contract awardees. In this case, the AOC will advertise the reopening of the competition on a Government-wide Point of Entry (GPE) (such as SAM.gov). The anticipated number of awards will also be announced in the reopening announcement posted to the GPE; however, the CO has the discretion to award more or fewer contracts than the number anticipated in the solicitation depending upon the quality of the offers received. The evaluation and selection of new contract awardees for any on-ramp shall meet the requirement established in the initial RFP and be subject to the same evaluation and award criteria used for the initial MACC contract awards. Current MACC contract holders will not need to re-compete. MACC contractors that were off-ramped will not be allowed to participate in the on-ramp RFP.