Attachment 01 - SPECIAL CONTRACT REQUIREMENTS.docx

Section 01000

Division 01 – General Requirements

SPECIAL MATOC CONTRACT REQUIREMENTS

1. PURPOSE AND SCOPE

The purpose of this Multiple-Award Task Order Contract (MATOC) is to provide construction services for a broad range of military renovation and construction projects, primarily in support of National Guard Facilities in and around the cities of Fort Smith and Little Rock in the State of Arkansas. Orders will primarily include Construction, Repair and Maintenance projects but may also include Military Construction (MILCON) projects involving a variety of trades. Work performed under these contracts will include but not limited to the following general project categories: Construction, repair and alteration of various facilities; Construction, repairs and alteration of Electrical Systems (ES); Construction, repair and alteration of Mechanical Systems (e.g. HVAC systems, and controls).

1.1. Upon award of the basic contract the contractor will be issued an initial task order for $2,000. The $2,000 will be deobligated upon the award of a subsequent task order.

1.2. As requirements develop, Notices of Proposed Task Orders will be issued on a competitive or single source basis, at the Government's discretion. Task Orders will vary in size from $2,000 to $5,000,000 and will be awarded and issued by the individual task orders awarded and administered by duly appointed federal contracting officers.

1.3. The Government reserves the right to issue additional solicitations and award additional contracts within the activities covered by this contract. In this event, new MATOC contractors, in accordance with the terms of their contracts, may compete for Task Orders with the Contractors selected under this solicitation.

1.4. The total contract ceiling is $40,000,000.00 for the entire MATOC program. This total capacity will be shared amongst all awardees. The ceiling limit cannot be increased.

1.5. CHANGES TO INDIVIDUAL CONTRACTORS’ AREA OF CONSIDERATION

1.5.1. In the event a MATOC contract holder desires to add additional locations to their Areas of Consideration that were not requested in their original proposal, they may submit a request to the Procuring Contracting Officer (PCO) for the basic contract. The PCO may ask for any documentation they feel necessary to verify the contractor’s ability to perform in the addition location(s). This may be done at any time during the contract period. The granting of the additional location(s) is at the sole discretion of the PCO.

2. PERIOD OF SERVICE

a. Ordering Period:

1. Each contract will include a five year ordering period.

2. Maximum value of all projects awarded under the MATOC program (amongst all contracts) will be limited to $40 million, which includes the entire five year ordering period.

3. TASK ORDER LIMITATIONS (Reference FAR 52.216-19)

a. Minimum Order. When the Government requires services covered by this contract in an amount less than $2,000 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those services under the contract in accordance with FAR 52.216-19. The minimum guaranteed task order amount for the entire contract period is $2,000 per IDIQ contract awarded and will be issued at time of the basic contract award.

b. Maximum Order. The maximum Task Order limitation is $5 million, excluding subsequent in scope modifications. The Government may combine several projects, as indicated by separate Statements of Work and individual line items, in one Task Order, as required. In accordance with FAR 52.216-19, the Contractor is not obligated to honor:

(1) Any order for a single Task Order less than $2,000.

(2) Any order for a single Task Order in excess of $5 million

(3) A series of orders totaling more than $40 million.

4. ORDERING PROCEDURES FOR COMPETITIVE TASK ORDERS

a. When the Government requires work under the MATOC, a notice will be issued, as appropriate, normally in the form of a letter “NOTICE OF PROPOSED TASK ORDER” or similar. Projects will be of varying size and complexity. The request will include information such as a statement of work, guide specifications, drawings, attachments, information pertaining to a site visit and any other requirements for submission (e.g. offer requirements, price schedule, etc.).

b. The basis of award will be a conforming offer, the price or cost of which may or may not be the lowest. Past performance on work completed under these contracts, or work completed for the National Guard may be considered. In some instances a technical offer will be required. The basis for award of each task order will be stated in the Task Order Notice.

c. When necessary, option line items will be included in the Task Order Notice. The task order offer/quote process is not an Invitation for Bid (IFB). Therefore, additive bid items (ABIs) are not applicable to this process. However, work defined in the options of the Task Order Notice is normally similar to ABIs common in the IFB process.

d. Response to “PROPOSED TASK ORDER NOTICE”

1. Upon receipt of the notification from the Contracting Officer, the MATOC contractors should respond by attending the project on-site conference. The project on-site conference may be scheduled as early as two days from issuance of “PROPOSED TASK ORDER NOTICE”, hereafter referred to as a “Task Order Notice”, or 120 minutes under emergency conditions.

2. Notification will normally be by email. MATOC contractors shall keep an up-to-date email address on file with the Contracting Officer at all times. Backup addresses are encouraged. Upon notification, the contractor shall acknowledge receipt of the offering by return email. A Contracting Officer may make only one attempt to email a Task Order Notice to a MATOC contractor. No other means of notification will normally be used. The Government will not be responsible for lack of notification(s) for contractors who fail to maintain current email addresses, or acknowledge offerings.

3. MATOC contractors are expected to submit an offer on all projects offered. In the event a contractor is unable to submit an offer in response to a Task Order Notice, the Contractor shall notify the Contracting Officer electronically via e-mail.

4. In the event a contractor fails to submit an offer on a reasonable number of Task Order Notices, as determined by the contracting officer, the contracting officer will notify the contractor when their offer record indicates an unacceptable number of offerings. In the event the contractor fails to correct this situation, the Government reserves the right to off-ramp the contractor without further obligation (see Off-Ramping, para. 12).

5. The Contractor will not be reimbursed for task order offer preparation, attendance during site visits, walk-through or other pre-Task Order costs.

e. Task Order Competition

A wide variety of projects, determined by the contracting officer to be within the scope of this contract, will be offered to MATOC contractors for the purpose of providing a price or best value offer. Individual Task Order awards on those projects will be based on competitive offers received exclusively from MATOC contractors.

1. To satisfy the contracting agency’s Small Business Administration contracting goals/targets, the Contracting Officer may consider such factors as achievement of Section 8(a), Service Disabled Veteran Owned Business, Economically Disadvantaged Small Woman Owned Small Business Concerns, Small Woman Owned Small Business Concerns and HUB Zone goals/targets. Individual projects may be further set-aside for participation exclusively by all awardees in the specified socio-economic group. The Government also reserves the right to set-aside task orders for other authorized socio-economic programs approved for use during the existence of this MATOC and implemented by the FAR or DFARS.

2. All eligible MATOC contractors, unless a task order is set-aside for a socio-economic group, will be provided a fair opportunity to compete for each project offered under this contract unless the following (FAR 16.505(b)(2)) exceptions apply:

1) The agency’s need for the services or supplies is of such urgency that providing such opportunity to all such contractors would result in unacceptable delays;

2) Only one such contractor is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized;

3) The task order should be issued on a sole source basis in the interest of economy or 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 pursuant to the procedures in this clause to be considered for the original order; or

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

5) The Contracting Officer may consider such factors that the Contracting Officer, in the exercise of sound business judgment, believes are relevant to the placement of orders.

6) Contractors may be excluded from the competitive fair-opportunity process for future task orders if placed in Dormant Status. See para. 12.c. When the contractor’s delinquency has been cured, it may be considered for competition in future task orders.

f. Site Visits

Offeror’s attendance at walk-through (site visits) is considered vital to preparation of competitive and cost-effective offers, and to understanding the total results desired by the Government. Failure to attend a walk-through may not be used as an excuse for omission or miscalculation in offers.

g. Offer Contents

1. The basis of award of each task order will be stated in the Task Order Notice. Depending upon the requirements of each Task Order, the Contractor will typically provide a price offer in response to a Task Order Notice. Contractors shall respond within the number of calendar days stated in the Task Order Notice by submitting an offer to the Contracting Officer in accordance with requirements stated in the Notice.

2. Offer Pricing Schedules. The Government's payment for the items listed in the Pricing Schedules of individual Task Orders will constitute full compensation to the Contractor for-- (1) Furnishing all plant, labor, equipment, services, appliances, and materials; and (2) Performing all operations required to complete the work in conformity with the drawings and specifications. The contractor shall include in the prices for the items listed in the Pricing Schedule all costs for work in the specifications, whether or not specifically listed in the Pricing Schedule.

3. Deviations and Alternate Offers. Offerors shall specifically identify all deviations from the minimum Task Order Notice requirements in a cover letter in a section entitled "Alternate Offer” or “Deviations." This requirement applies for all offer revisions and Final Offer Revisions. Offered alternates/deviations shall specifically address in detail the alternate and rationale for proposing. Alternate solutions and deviations shall include separate pricing information. If an alternate/deviation is offered, the work as specified in the solicitation must also be priced.

4. The non-cost factors and price factors will vary depending on the unique requirements for each Task Order. In addition to price, the Task Order Notice may indicate in the offering other factors (Past Performance and/or Technical considerations) that will be considered in the evaluation offer.

1. Past Performance on previously awarded Task Orders under the MATOC may be considered as well as relevant performance evaluations at any location accessible in Government Performance databases. Past performance will be evaluated in terms of quality, timeliness, management effectiveness or other factors that the Contracting Officer determines to be relevant to award on a particular Task Order. Technical factors may also be considered.

h. Task Order Evaluation Method and Procedures

1. The Government intends to select the most advantageous, responsive, and responsible offer, price and other factors considered. Each Task Order Notice will describe the criteria to be utilized in evaluating Task Order offers.

2. Discrepancies in the Evaluation of Offers Submitted in Response to Task Order Notices for Individual Task Orders

1. For the purpose of initial evaluations of offers proposed for individual Task Orders, the following will be utilized in resolving arithmetic discrepancies found on the face of pricing schedule as submitted by the Offeror: (1) Obviously misplaced decimal points will be corrected; (2) Discrepancy between unit price and extended price, the unit price will govern; (3) Apparent errors in extension of unit prices will be corrected; (4) Apparent errors in addition of lump-sum and extended prices will be corrected.

a. For purposes of price evaluation, the Government will proceed on the assumption that the Offeror intends the offered price to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above.

b. These correction procedures shall not be used to resolve any ambiguity concerning price.

3. Evaluation of Option Reference (FAR 52.217-5). When option line items are included in the Task Order Notice, the Government will evaluate offers for the purpose of awarding Task Orders by adding the total price for all options to the total price for the basic requirement, unless specifically stated otherwise in the Task Order Offering. Evaluation of options will not obligate the Government to exercise the option(s).

4. The right is also reserved to reject any and all offers.

i. Award Decision

1. Task order awards will be made in accordance with the procedures described within each Task Order Notice.

2. The award will be a firm fixed-priced Task Order with a specific completion date or performance period. When Options are included in the Schedule, and the option(s) is not exercised at time of award, the Task Order will specify the number of days after notice to proceed for exercising the Options. The Government will take into consideration the Task Order Period of Performance when specifying the number of days to exercise the Option. Options when exercised shall not extend the original performance period of the Task Order.

j. Task Order Issuance

1. Task Orders will be issued on DD Form 1155. Orders may be placed via mail, telephone, facsimile or electronic means. If mailed, a Task Order is considered "issued" when the Government deposits the order in the mail or sends via facsimile or electronic mail. An oral order will be followed with a written document. The appropriate issuing, administration, and payment offices will be cited on each Task Order.

2. Plans and Specifications. The Contractor will be provided an electronic copy of the Statement of Work upon issue of each Task Order. All further reproduction shall be at the Contractor's expense. The Government may provide these as hard copy or as electronic media, such as web postings, e-mail or CD ROM, at its option.

3. Notice to Proceed (NTP) will be issued separately after receipt of acceptable performance and payment bonds.

4. All terms and conditions of the basic award contract, including clauses, are incorporated by reference into each task order unless specifically excluded in writing.

5. ORDERING PROCEDURES FOR SOLE SOURCE ORDERS AND MODIFICATIONS

a. In the event it becomes necessary to negotiate with one firm on a sole-source basis the following procedures will be used:

1. Circumstances Permitting Sole Source Orders. All MATOC Contractors will be given a fair opportunity to submit an offer on projects unless the Contracting Officer determines:

1. An urgent need exists and seeking competition would result in unacceptable delay

2. Only one Contractor is capable at the level of quality required because the requirement is unique or highly specialized

3. A sole source is in the interest of economy and efficiency as a logical follow-on to an order already competed.

2. Procedures for 100% Designed Projects (Sole Source). A Task Order Notice will be issued requiring a detailed offer, in additional to other offer submission requirements. Task Order negotiations will normally be conducted.

3. Requirement for Cost and Pricing Data (10 U.S.C. 2306a and 41 U.S.C 254b) (Sole Source Task Orders and modifications.

1. Unless an exception applies, or a waiver has been granted cost or pricing data is required at the threshold contained in FAR 15.403-4 (currently $2,000,000). When required the contractor shall submit to the contracting officer the following in support of any offer:

2. Cost or pricing data in the format designated by the Contracting Officer.

3. Require any subcontractor or prospective subcontractor to submit to the prime contractor or appropriate subcontractor tier cost or pricing data in the format designated by the Contracting Officer.

4. A certificate of current cost or pricing data, in the format specified in FAR 15.406-2 certifying that to the best of its knowledge and belief, the cost or pricing data were accurate, complete, and current as of the date of agreement on price or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price.

5. The award will be a firm fixed-priced Task Order with a specific completion date or performance period. When Option items are included in the Task Order Price Schedule, and the options(s) is not exercised at time of award, the Task Order will specify the number of days after notice to proceed for exercising the Options. The Government will take into consideration the Task Order Period of Performance when specifying the number of days to exercise the Option. Options when exercised shall not normally extend the original performance period of the Task Order.

6. Subcontractor Offers. The contractor to the maximum extent possible shall submit competitive subcontractor offers. In the event the contractor is limited to one offer the government will evaluate costs using an independent government estimate, R.S. Means, and or Local Market Conditions. Please note that any subcontractor offers that exceed $2 million are subject to Certified Cost and Pricing.

7. Profit. (applicable to all sole source action above $150,000.00.) Profit will be negotiated based on the Alternate Structured Approach as defined by the DFARS 215.404-4.

The following procedures will be used as the alternate structured approach for construction profit:

(1) A fair and reasonable profit shall be negotiated/determined. The following procedures shall be used as a guide:

Degree of Risk 20

Relative Difficulty of Work 15

Size of Job 15

Period of Performance 15

Contractor's Investment 5

Assistance by Government 5

Subcontracting 25

TOTAL 100%

(2) Each Factor shall be weighted as indicated below based on the circumstances of the procurement. "Value" is obtained by multiplying the "WEIGHT" by the "RATE"; i.e., WEIGHT X RATE = VALUE. The Value column, when totaled, will indicate the fair and reasonable profit percentage that should be used for the procurement.

(3) Construction projects will normally be weighted from .03 to .12. The Contracting Officer shall address the conditions in writing that justify assigning a WEIGHT other than the recommended WEIGHTS shown below.

(i) Degree of Risk. When the work involves no risk or the degree of risk is very small, the "Weight" should be .03; as the degree of risk increases, the "Weight" should be increased up to a maximum of .12. Note that Lump Sum construction work should generally have a higher weight than Unit Priced items. Other things to consider when assigning a weight are the nature of the work to be accomplished, where it will be done, the conditions it will be accomplished under, etc. In addition to the above items, consider the portion of work to be accomplished by subcontractors.

(ii) Relative Difficulty of Work. If the work is very difficult and complex, the "Weight" should be .12 and should be proportionately reduced to .03 on the simplest of jobs. This factor, to some extent, is closely associated with the Degree of Risk factor. Other things to consider when assigning a weight are nature of the work, who is accomplishing (i.e., subcontractors, consultants, etc), time schedule, etc.

(iii) Size of Job. Work not in excess of $100,000 shall be weighted at .12. Work estimated to be between $100,000 and $5,000,000 shall be proportionately weighted from .12 to .05. Work between $5,000,000 to $10,000,000 shall be weighted at .04. Work in excess of $10,000,000 shall be weighted at .03.

(iv) Period of Performance. Projects in excess of 24 Months (180 days actual design time) should be weighted at .12. Projects of a lesser duration will be proportionately weighted down with .03 being the minimum; i.e., jobs not exceeding 30 Days. No weight will be assigned for changes where additional time is not required.

(v) Contractor's Investment. This Factor should be weighted from .03 to .12 based on the capital investment the contractor has tied up in the project. An above average investment would be given a higher weight while a below average investment would rate a low weight. On construction contracts, take into account the amount of Government-Furnished Property being provided.

(vi) Assistance by the Government. This Factor should be weighted from .03 to .12 based upon the assistance furnished the contractor by the Government. A high level of assistance would be given a low weight while little or no assistance would be given a higher rate. On construction projects, consider the amount of Government owned property and equipment the contractor will be able to make use of and if there will be any costs to the government for providing.

(vii) Subcontracting. This Factor will be weighted inversely (proportional) to the amount of subcontracting on the project. When 80% or more of the work is to be subcontracted, a weight of .03 will be used. The weighting should be proportionately increased to .12 as the amount of work performed by the contractor's own work force increases.

6. ORDERING (REFERENCE FAR 52.216-18)

a. Any services to be furnished under this contract will be ordered by issuance of Task Orders by the individuals or activities designated in this contract. Any Federal Contracting Officer, at the locations specified in the solicitation, or others as approved in writing by the issuing office Contracting Officer, is authorized to issue orders under the MATOC contracts within the individual’s warrant levels. A copy of each task order (DD Form 1155 only), and modification (SF 30 only with funding information) issued by agencies outside the issuing office shall be provided to the issuing contracting office at time of execution.

b. Task orders may be issued from date of contract award until the last day of the ordering period. The total term of the contract may not exceed five years. However, task orders issued during the contract period may be completed in accordance with the terms of the task order after the contract period has expired.

c. All Task Orders are subject to the terms and conditions of this contract. In the event of conflict between a Task Order and this contract, the contract will control. The Government reserves the right to incorporate additional clauses, as appropriate, into individual Task Orders solicitations and awards.

d. Protests. In accordance with FAR 16.505(a)(10), 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—(A) A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or (B) A protest of an order valued in excess of $25 million. Protests of orders in excess of $25 million may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

e. Ombudsman. If the Contractor believes it was not fairly considered for a particular Task Order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the NGB Ombudsman. Refer to FAR 52.216-32 for Ombudsman contact information. The Ombudsman will review the Contractor's complaint, and in coordination with the Contracting Officer, verify that the Contractor was afforded a fair opportunity to be considered for the Task Order.

7. OPTION FOR INCREASED QUANTITY ON TASK ORDERS

a. The Government may elect to make certain tasks option items, as described in the Task Order Notice, In this case, the Government may increase the quantity of work awarded on individual Task Orders by unilaterally exercising Option Item(s) within the period specified in the Task Order.

b. Any option herein shall be considered to have been exercised at the time the Government deposits written notification to the Contractor in the mail, provides by facsimile, or electronic mail.

8. PROPOSED KEY PERSONNEL AND PROPOSED MINIMUM QUALIFICATIONS OF KEY PERSONNEL AND PROPOSED SUBCONTRACTORS.

8.1 Any proposed key personnel, minimum qualifications for incoming or replacement key personnel, and subcontractors will be considered incorporated by reference into the contract resulting from this solicitation and shall be limited to individuals, qualifications, and firms that were specifically identified in the proposal and/or agreed to during discussions, if held. The Contractor shall obtain the Contracting Officer's written consent before making any substitutions. Once an acceptable substitute firm is identified this firm will be added to the listed of proposed subcontractors.

8.2 Key Personnel Descriptions: An individual Key Team Member may not hold more than one key role. The following are minimum qualifications for the required key personnel:

Project Manager(s): The Contractor’s Project Manager shall have either: (1) an engineering degree and 5 years of experience as a Project Manager working on projects similar to the prototypical project described in the RFP, or (2) 10 years of experience as a Project Manager working in projects similar to the prototypical project described in the RFP.

Site Superintendent(s): The Contractor’s Site Superintendent shall have: (1) a minimum of 5 years of experience working on projects similar to the prototypical project described in the RFP, or (2) 10 years of experience as a Site Superintendent working in general construction areas that included extensive interactions with the Government.

Quality Control Manager(s): The QC Manager must be a graduate engineer, graduate architect, or a graduate of construction management, with a minimum of 5 years of construction experience OR a construction person with a minimum of 10 years of experience working on projects similar to the prototypical project described in the RFP.

Safety Manager(s): The Safety and Health Officer shall have a minimum of 5 years of experience working on projects similar to the prototypical project described in the RFP, and 5 years of experience working with the requirements described in Paragraph SC38, SAFETY/ACCIDENT REPORTING.

9. GENERAL WAGE DECISIONS.

Applicable Construction wage rates will be identified for all Task Orders issued under this contract current as of the time of award of the task order. Wage Determinations may be found at: https://sam.gov/.

10. EVALUATION OF CONTRACTOR PERFORMANCE

a. In accordance with FAR 36.201(a) (1) (i), the Contractor's performance will be evaluated upon completion of each Task Order. Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government.

b. 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 Contracting Officer. In lieu of a contract POC, contractors may provide task order specific individuals to receive this information. Contracting Officers will be notified at the task order pre-construction meeting of any changes.

c. Past Performance evaluations will be posted via https://www.cpars.gov/. It is the responsibility of the contractor to request access to this site.

11. ORDER OF PRECEDENCE (REFERENCE FAR 52.236-21)

a. The MATOC basic contract includes the standard contract clauses, and the individual Task Orders include added specifics and schedules current at the time of Task Order award. The Task Order contract consists of:

1) The Task Order Notice in its entirety, including all drawings, cuts, and illustrations and any amendments, and

2) The successful contractor's accepted offer. The Task Order constitutes and defines the negotiated agreement between the Contractor and the Government. No documentation will be omitted which in any way bears upon the terms of that agreement.

b. In the event of conflict or inconsistency between any of the provisions of a Task Order, including the Task Order Notice, Contractor's offer, or Task Order deliverable, precedence will be given in the following order:

1) Betterments: Any portions of the accepted offer, or any subsequent design or other submittal, which both conform to and exceed the provisions of the Task Order Notice. "Betterment" is defined as any product, component, or system, which exceeds the minimum requirements stated in the Task Order Notice.

2) The provisions of the solicitation: (See also Contract Clause: SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION) (See FAR 52.236-21)

3) Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are "deliverables" under the Task Order and must conform to or exceed all provisions of the Task Order, in order of precedence herein.

12. ON AND OFF RAMPING

a. On-Ramping The total number of Contractors within the MATOC may fluctuate due to any number of reasons including, but not limited to, competition levels on task orders, mergers, acquisitions and the Government's exercise of the Off-Ramp process.

It is in the Government’s best interest that there remain an adequate number of Contractors eligible to compete for task orders to meet the Government’s construction requirements. Contractors are hereby notified that utilization of the on-ramping procedure below does not obligate the Government to perform any other on-ramping procedure.

The Contracting Officer may determine whether it would be in the Government’s best interest to initiate an On-Ramp solicitation to add additional Contractors to this MATOC at any time, subject to the following conditions:

1. An on-ramp solicitation notice is published in Contract Opportunities at sam.gov in accordance with FAR Part 5, Publicizing Contract Actions.

2. An on-ramp solicitation is issued under current Federal procurement law.

3. The solicitation identifies the total anticipated and intended number of new contracts to be awarded.

4. Any Offeror that meets the eligibility requirements set forth in the on-ramp solicitation may submit a proposal in response to the solicitation.

5. The award decision under the on-ramp solicitation is based upon substantially the same evaluation factors/sub-factors as the original solicitation.

6. An Offeror’s proposal must meet all of the criteria of the original solicitation.

7. The terms and conditions of any resulting awards are materially identical to the existing version of the MATOC.

8. The period of performance term for any new awards is coterminous with the existing term for all other Contractors.

Immediately upon on-ramping, the Contractor is eligible to submit a proposal in response to any Task Order Notice and receive task order awards with the same rights and obligations as any other Contractor.

b. Off-Ramping The Government reserves the unilateral right to Off-Ramp Contractors in certain circumstances. Off-Ramped Contractors are no longer considered a part of the MATOC Contractor pool. Contractors that are Off-Ramped have no active task orders under the MATOC at the time of the Off-Ramping. The Contracting Officer may Off-Ramp a Contractor in any of the following conditions:

1. Contractor who no longer certifies as a small business under the applicable NAICS due to merger or acquisition by another business.

2. Debarment, Suspension, or Ineligibility as defined in FAR Subpart 9.4.

3. Termination as defined in FAR Part 49.

4. Contractor fails to meet the specifications and requirements for the MATOC and/or Task Orders and has been placed in Dormant Status.

5. Contractor fails to respond to a reasonable number of Task Order Notices as determined by the Contracting Officer.

6. Any other action the Contracting Officer may be permitted to take under the MATOC terms and conditions.

c. Dormant Status The Government is responsible for ensuring performance and compliance with the terms of the contract and task orders and safeguarding the interests of the Government and the American taxpayer in its contractual relationships. Additionally, the Government must ensure that Contractors receive impartial, fair, and equitable treatment.

Accordingly, if the Contracting Officer determines that any requirement of the contract or task order(s) is not being met, a MATOC Contractor may be placed into Dormant Status.

If Dormant Status is activated, the Contractor shall not be eligible to participate or compete for any subsequent task orders while the Contractor is in Dormant Status; however, Contractors placed in Dormant Status shall continue performance on previously awarded and active task orders, including the exercise of options and modifications at the task order level.

Dormant Status is not a Debarment, Suspension, or Ineligibility as defined in FAR Subpart 9.4 or a Termination as defined in FAR Part 49. Dormant Status is a condition that applies to this MATOC only. Grounds for being placed in Dormant Status specifically include, but are not limited to, trends or patterns of performance associated with the failure to meet specifications and requirements of the MATOC and/or awarded task orders.

Dormant status will only be imposed after careful consideration of the situation and collaboration with the Contractor to resolve the issues. To place a Contractor in Dormant Status, the Contracting Officer must first send a letter to the Contractor regarding the poor performance or non-compliance issue(s). The Contractor shall have reasonable time, at the discretion of the Contracting Officer, to provide the Contracting Officer with a remediation plan to correct the deficiencies/issues. If the Contracting Officer is satisfied with the Contractor’s response, the Contractor will not be placed in Dormant Status. If the Contracting Officer is not satisfied with the response, or the remediation plan is not effective, the Contracting Officer may issue a final decision, in writing, placing the Contractor in a Dormant Status. The Contracting Officer’s final decision may be appealed to the Agency Ombudsman (see FAR 52.216-32).

Dormant status may also be imposed for contractors who no longer certify as a small business under the applicable NAICS due to merger or acquisition by another business. Upon completion of any active task orders, the Dormant contractor may be Off-Ramped.

13. LIQUIDATED DAMAGES (REFERENCE FAR 52.211-12)

a. If the Contractor fails to complete the work within the time specified in a Task Order, or any extension, the Contractor shall pay to the Government as liquidated damages for each day of delay the amount shown in the Task Order for each calendar day until the work is completed.

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

c. If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted.

d. For any number of Task Orders accomplished at one site for which delay costs are applicable at the same time, the total daily liquidated damages will be limited to the damages for one Task Order for each calendar day of delay except when separate additional damages are specified in an individual Task Order. These additional damages, if specified, shall be concurrent and cumulative and applied in addition to the basic liquidated damages noted in the Task Order. For any number of Task Orders at separate sites for which delay costs are applicable at the same time, the total daily basic liquidated damages shall be applied concurrent and cumulative. This will be calculated with each and any other delinquent Task Order for each calendar day of delay. If separate liquidated damages are specified in the Task Order, this amount will be separate from other task orders.

e. Exception to Liquidated Damage: In cases in which the Contracting Officer determines that completion of work is not feasible during the completion period(s) stated in the Task Order, such work will be exempted from liquidated damages.

14. GOVERNMENT PERFORMANCE

The Government reserves the right to undertake performance by Government forces, for the same type or similar work as contracted herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

15. BID BONDS

Bid bonds are required for all task orders that require a Payment and Performance bond.

16. PERFORMANCE AND PAYMENT BONDS FOR CONSTRUCTION CONTRACTS

a. Performance and payment bonds shall be required, and the penal sum established, by each Task Order as required by FAR 52.228-15.

b. Payment Bond: (a) If an individual Task Order is priced at $35,000 or greater, penal sum shall be one-hundred percent (100%) of order price.

c. Performance Bond: The penal sum of each Performance Bond shall equal one hundred percent (100%) of the price of each Task Order exceeding $150,000 placed hereunder.

d. Bonds shall be provided within 10 calendar days of award of a Task Order. Notice to Proceed will not be issued until the Contractor provides sufficient bonding to cover the work being performed.

17. INSURANCE - WORK ON A GOVERNMENT INSTALLATION (FAR 52.228-5)

a. Reference Contract Clause titled, “Insurance -Work on a Government Installation (FAR 52.228-5). Kinds and minimum amounts are as follows:

KIND AMOUNTS

Workmen’s Compensation $100,000 (see paragraph 19.2, below)

Comprehensive General Liability $500,000 per occurrence for bodily injury

b. Except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

c. The Contractor shall ensure the transporter and disposal facility have liability insurance in effect for claims arising out of the death or bodily injury and property damage from hazardous material/waste transport, treatment, storage and disposal, including vehicle liability and legal defense costs in the amount of $1,000,000 as evidenced by a certificate of insurance for General, Automobile, and Environmental Liability Coverage. Proof of this insurance shall be provided to the Contracting Officer.

d. NOTE: Before commencing work under this contract, the Contractor shall certify to the Contracting Officer, in writing, that the required insurance has been obtained. The policies referenced in the certification (s) shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed prescribe or (2) until 30 calendar days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. The Contractor shall maintain a copy of proofs of required insurance, and shall make copies available to the Contracting Officer upon request. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

18. LIMITATIONS ON SUBCONTRACTING. (FAR 52.219-14 DEVIATION 2020-O0008)

(Applicable to Task Order issued in excess of $150,000.) The Contractor agrees that in performance of a contract:

a. For General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

b. For Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

19. PHYSICAL DATA (FAR 52.236-4)

a. Data and information furnished within a Task Order or referred to below is for the Contractor's information. The Government will not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. Physical Conditions: The indications of physical conditions on the drawings and in the specifications within a Task Order are the result of site investigations by test holes shown on the drawings.

b. Weather Conditions: Each offeror shall be satisfied before submitting his offer as to the hazards likely to arise from weather conditions. Complete weather records and reports may be obtained from any National Weather Service Office.

c. Transportation Facilities: Before submitting his offer, each offeror, shall make an investigation of the conditions of existing public and private roads and of clearances, restrictions, bridge load limits, and other limitations affecting transportation and ingress and egress at the job site. The unavailability of transportation facilities or limitations thereon shall not become a basis for claims for damages or extension of time for completion of the work.

d. Right-of-Way: The right-of-way for the work covered by these specifications will be furnished by the Government, except that the Contractor shall provide right-of-way for ingress and egress across private property where necessary to gain access to the job site. The contractor may use such portions of the land within the right-of-way not otherwise occupied as may be designated by the Contracting Officer. The Contractor shall, without expense to the Government, and at any time during the progress of the work when space is needed within the right-of-way for any other purposes, promptly vacate and clean up any part of the grounds that have been allotted to, or have been in use by, him when directed to do so by the Contracting Officer. The Contractor shall keep the buildings and grounds in use by him at the site of the work in an orderly and sanitary condition. Should the contractor require additional working space or lands for material yards, job offices, or other purposes, they shall obtain such additional lands or easements at their expense.

20. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

a. 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:

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.

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.

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. The contractor’s progress schedule must reflect consideration of these anticipated adverse weather delays in all weather dependent activities.

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.

b. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in accordance with the criteria previously described above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a bilateral modification.

21. EPA ENERGY STAR

The Government requires that certain equipment be Energy Star compliant. Initially, the sole Energy Star requirement shall be the self-certification by the bidder that the specified equipment is Energy Star compliant. Within 90 calendar days of the availability of an EPA sanctioned test for Energy Star compliance, the Contractor shall submit all equipment upgrades and additions for testing and provide proof of compliance to the Government upon completion of testing. Testing shall be at the Contractor's expense.

22. TELEPHONE COMMUNICATIONS SECURITY MONITORING

All communications with DOD organizations are subject to communications security (COMSEC) review. Contractor personnel must be aware that telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, civilian contractor personnel are advised that any time they place a call to, or receive a call from, a DOD organization, they are subject to COMSEC procedures. The contractor shall assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with DOD information.

23. WORK PROGRESS AND PREPARATION OF PROGRESS SCHEDULES AND REPORTS

a. A weekly meeting may be held with the Contractor, COR and Contracting Officer (KO), if necessary, to discuss work progress, problems and potential change orders on awarded task orders. The Contractor shall attend these meetings at no additional cost to the Government. Prior to beginning work on specific work elements of a project, the contractor shall confer with the COR and agree on a sequence of procedures and means of access to premises and buildings; space for storage of materials and equipment; delivery of materials; and use of approaches, use of corridors, stairways and similar means of passage.

b. In accordance with FAR Clause 52.236-15, “Schedules for Construction Contracts”, the contractor shall within five calendar days after work commences on a task order, or another period of time determined by the KO, prepare and submit to the KO for approval three copies of a practicable schedule showing the order in which the contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing features of work. A composite schedule for the overall contract shall also be provided. The schedule, which will net used to track progress for payment purposes by CLIN shall be on an AF Form 3064 (or other form acceptable to the parties) Contract Progress Schedule. The work shall be scheduled so that, upon the start of construction, work progresses in a continuous and diligent manner. A schedule which does not reflect steady and reasonable progress throughout the construction period will be rejected. Both the Contractor and the COR are required to provide a joint monthly progress report covering the period from notice to proceed through final inspection. Unless agreement cannot be made on the applicable percentage of progress a joint report will be submitted to the Contracting Officer. This reports shall be submitted on the NGB Contract Progress Report form (similar to an AF Form 3065), or an approved computer generated similar format. These reports shall track progress by CLIN, if task order contains multiple CLINs, multiple progress Schedules and NG Contract Progress Reports will also be required for payment purposes.

c. Schedules shall include a line item for bonds, and adequate percentage for closeout requirements, LEED requirements if applicable and Military Real Property Forms, DD Form 1354, (See SC 26).