Attachment 03 - Special Contract Requirements_21 Apr 23.pdf

FA524023R0010

Attachment 03 21 April 2023

SPECIAL CONTRACT REQUIREMENTS

1.0 TASK ORDER PROCEDURES: FAR 16.505 will be used for Task Order Procedures. As requirements are identified, the government will issue a Fair Opportunity Proposal Request (FOPR) that will describe the government requirements, along with the required proposal response time. A site visit will be scheduled with the contractor(s) to verify measurements and elements of work. Task Orders are the award of the services required under the contract.

The performance period shall be stated as a requirement or negotiated, and incorporated into each Task Order. All Task Orders issued hereunder are subject to the terms and conditions of this contract. It is the Government’s intent to issue Task Orders with an established firm fixed price. The basis upon which award selection will be made for each Task Order will be identified in the FOPR issued. Price or cost will always be considered under each order as one of the factors in the selection decision and may be the only factor considered.

2.0 FAIR OPPORTUNITY PROPOSAL REQUEST (FOPR): The CO will initiate the FOPR process by sending a FOPR letter and attachments (hereafter referred to as the FOPR package) to IDIQ Holders with the following information:

1) Date of package

2) Proposal due date and name/email address of POC, to submit proposal

3) Location of the project

4) Project specific statement of work or objectives

5) Period of performance

6) Site Visit Information

7) Any mandatory work schedule requirements

8) Other requirements documents

9) Bonding requirements

10) Magnitude of the construction project in accordance with FAR 36.204

11) Identification of Liquidated Damages Rate, if applicable

12) Identification of Government Furnished Property/Equipment available, if applicable

13) Other pertinent data that will affect the project

14) Evaluation Factors

Each FOPR will identify evaluation factors that are going to be used in the award of the TO. Orders will typically be awarded on price alone; however, the Government reserves the right to use best value, performance-price tradeoff process or a low price, technically acceptable basis. If the Government decides to issue the FOPR as a tradeoff process, award factors will vary depending on the unique requirements of each requirement. Typically, the evaluation methods will correspond with the level of design or complexity of the proposal to be submitted. Each request for proposal will state evaluation requirement and the method of selection.

3.0 SITE VISIT: All Contractors are highly encouraged to attend every site visit for FOPRs issued under this contract. At a minimum, each Contractor must attend 75% of all FOPR site visits. The 75% threshold is calculated each year on the anniversary date of the award. Not meeting the site visit requirement is a valid reason for removing a contractor from the MACC. The 75% requirement is not applicable to projects outside of Andersen AFB (including Northwest Field).

4.0 PROPOSAL SUBMISSION: All Contractors are highly encouraged to submit a proposal for every FOPR under this contract. At a minimum, each Contractor shall propose on 50% of FOPRs with an acceptable proposal.

The 50% threshold is calculated each year on the anniversary date of the award. Not meeting either the proposal requirement is a valid reason for removing a contractor from the MACC. The 50% requirement is not applicable to projects outside of Andersen AFB (including Northwest Field). If no proposal or only one proposal is received, the Government, at its discretion, may revalidate the FOPR requirement. The validation process may include exchanges of information with some or all the Contractors to determine whether there are concerns about the FOPR requirement. Should the requirement be validated, the CO may reissue the FOPR package. After the Government revalidates the FOPR requirement and if only one proposal is received, the ordering CO must follow the procedures at DFARS 215.371. If the requirement is under the Simplified Acquisition Threshold (SAT), please see DFARS 215.371-4(a)(1). The Contractor’s task order proposal shall be submitted to the CO on or before the time and date

21 April 2023 specified in the FOPR letter. Pricing on task order proposals shall be valid as indicated on the FOPR. If not indicated, pricing will remain valid for 120 days.

5.0 TASK ORDER AWARD: Once the CO determines affirmative responsibility of the Contractor offering a proposal acceptable to the evaluation process, a task order will be awarded.

6.0 PERFORMANCE PERIOD: Each FOPR issued will include a negotiable or mandatory performance period.

The contractor may propose a different period of performance for any given Task Order; however, the contractor may be ineligible for award if the performance period does not meet the mandatory requirement.

7.0 LIQUIDATED DAMAGES: Liquidated damages, if applicable, will be identified on each Task Order.

8.0 TERM OF CONTRACT: This contract provides for a five (5) year ordering period beginning upon the date of contract award of each respective contract. Any exercised options also constitute the ordering period.

9.0 ANNIVERSAY DATE: Upon award of each IDIQ, the effective date will mark the start of that individual IDIQ’s anniversary date.

10.0 OFF-RAMP: The off-ramp process encompasses several methods by which the Government may exercise its right to remove a contractor from MACC. For purposes of evaluating removal methods, the Government will review the contractor’s performance for each anniversary year in accordance with the methods identified below.

Termination for Default and Termination for Convenience are not restricted to the anniversary date and may be enforced at any time throughout the life of the IDIQ. The removal methods include, but are not limited to, procedures under FAR Part 49 for contractor or orders thereunder (Termination for Default, Termination for convenience of the Government, Termination with No-Cost Settlement). This clause in no way modifies the right and responsibility of the Government or contractor under FAR clause above, or the authority provided by the FAR in the Disputes Clause or Changes Clause. In the event of any conflict between the terms of this clause and above mentioned FAR clauses, the terms of the FAR clauses (as applicable) shall take precedence. The Government, in its sole discretion, reserves the right to remove a contractor by enforcing the contract Termination, at no cost to the Government, for the reason stated in Clause 52.249-2 or for the reasons listed below:

1) Failure to attend site visits on 75% of task order proposal requests over a twelve (12) month period of performance

2) Failure to submit acceptable bids or proposals on 50% of task order proposal requests over a twelve (12) month period of performance

3) Failure to self-perform as required by limitations on subcontracting (FAR 52.219-14) in a twelve-month period of performance

4) Late performance of Task Order workload such as completing Task Orders in delinquent status or being assessed liquidated damages on Task Orders

5) Poor Task Order performance as evidence by Contracting Officer notification or receiving CPARS ratings under Satisfactory Ratings (i.e. Marginal and Unsatisfactory). Poor Task Order performance is defined as receiving two (2) or more notifications from CO with concerns over task order performance and/or receiving two (2) or more, “Less Than Satisfactory” Ratings in CPARS for a single task order.

6) Failure to respond to warranty work. Unresponsiveness, as it relates to warranty work, is defined as three (3) or more occurrences per task order, where contractor does not respond to government within 48 hours of receiving notice from the government requesting warranty work.

7) Failure to provide responsive (72 hrs.) customer service. Maximum of five (5) occurrences over a twelve (12) month period. Twelve (12) month period will begin on the IDIQ Award Effective Date. The award’s effective date will then mark the anniversary date for that IDIQ for the remainder of the life of the IDIQ. Customer service is defined, in this section, as government reaching out to contractor for a question, concern, or problem. If the

21 April 2023 contractor fails to respond to the government within 72 hours from that initial attempt by the government for that particular inquiry (question/concern/problem) then it will count as one (1) unresponsive customer service encounter.

8) Unsafe site conditions resulting in an Occupational Safety and Health Administration (OSHA) discrepancy.

By submitting a proposal under the original solicitation for this requirement, the contractor agrees (i.e., as under a bilateral agreement) to be bound by the terms and conditions of these instructions. As such, the Contractor agrees that Termination at no cost to the Government will not result in a Termination for Default. The Government will provide a 30-calendar day written notice if it intends to remove an IDIQ contractor. The Government reserves the right to remove a contractor from the IDIQ and complete ongoing Task Orders awarded prior to when the removal occurred. However, it is the Government’s intent to maintain a strategic relationship with the IDIQ contractor for the duration of the IDIQ order period. IDIQ contractor Termination at no cost to the Government under the removal process shall not constitute a basis of contractual adjustment or a claim under the Disputes Clause.

11.0 ON-RAMP: The Government reserves the right to re-open competition at any time during the term of the contract. The Contracting Officer will periodically review the need for additional contractors during the contract period of performance. If an on-ramp process is used, the Government will advertise the re-opening of the competition on the Government’s Point of Entry (GPE). The solicitation process will mirror that of the original solicitation, identifying the number of contractors the Government intends to add to the MACC. Any new awardees will compete with existing or remaining MACC contractors for all task orders. Any additions due to the on-ramp process will not increase the contract ceiling or the overall term of the MACC.

12.0 WAGE RATE REQUIREMENTS (CONSTRUCTION): The current Wage Rate Requirement decisions for construction applicable to the construction project of the issued FOPR will be incorporated into any resulting Task Order.

13.0 IDENTIFICATION OF CORRESPONDENCE: All correspondence and data submitted by the contractor under this contract shall reference the contract number, Task Order number, project title, and project number.