Attachment 1 - Section H - Contract Specific Processes and Procedures.docx

Attachment 1 – Section H - Contract Specific Processes and Procedures

H001 ORDERING INSTRUCTIONS

Task Order/Delivery Order (TO/DO) proposals and awards shall comply with FAR 16.505, DFARS 216.505, and DAFFARS 5316.505. Orders shall be awarded as Firm-Fixed-Price (FFP), Fixed-Price Incentive (FPI), Cost-Plus-Fixed-Fee (CPFF) or Cost-Plus-Incentive-Fee (CPIF) along with Cost Reimbursement (CR) CLINs (i.e., travel, ODCs, etc.) as determined by the Procuring Contracting Officer (PCO). All issued delivery/task orders will be in compliance with the basic contract terms and conditions. The process for a delivery/task order award includes issuance of a Fair Opportunity Proposal Request (FOPR), questions and answers (when applicable), proposal submission, proposal evaluation, interchanges (when applicable) and task order award.

Proposal Process The CO will issue a FOPR to all prime contractors, unless a fair opportunity exception exists. All prime contractors are encouraged to submit a proposal in response to each FOPR. The FOPR will include specific instructions for the submission of proposals and may include the following information, as applicable:

1. A description of the specified work [i.e. Performance Work Statement (PWS), Statement of Work (SOW), and Statement of Objectives (SOO)] and data items required, including the site location;

2. The anticipated performance period/delivery date and critical milestones;

3. The deadlines for questions and proposal due date;

4. The anticipated TO/DO contract type: FFP, FPI, CPFF, CPIF;

5. The anticipated CLIN structure;

6. Any Government-Furnished Property (GFP), information (GFI), facilities (GFF), and life support (GFLS) to be made available for performance under the task order,

7. Evaluation factors and subfactors that will be considered in evaluating proposals, and their relative importance;

8. Additional information that has been determined necessary by the Government; and

9. The selection criteria that will be used in making the award decision (i.e. lowest priced technically acceptable (LPTA) or tradeoff). If the Government decides to issue a FOPR using tradeoff, the FOPR will identify what factors are being traded off. This will typically consist of a tradeoff between technical factors/subfactors and price.

Technical Proposals. The Government will specify the maximum page limits for each TO/DO technical proposal in the FOPR. Proposals shall not merely restate SOO/SOW/PWS requirements. The Government may exercise broad discretion in establishing the evaluation criteria, which may include any combination of the Factors and Subfactors listed below, as well as establishing their relative order of importance IAW FAR 16.505.

1. Technical Factor (i.e. Task Order Management Plan [TOMP])

0. Management Plan

0. Technical Approach

0. Staffing Plan

0. Schedule

0. State/Local/Host Nation Certifications/Licenses

0. Mobilization/Demobilization Plan

1. Combating Trafficking in Persons (CTIP) Plan

1. Mission Essential Plan

1. Key Personnel Assigned (if applicable)

1. Teaming Arrangement (including subcontracting)

1. Professional Compensation Plan (if applicable, FOPR will include evaluation details)

Past Performance. Evaluation of Offerors’ Past Performance on other AFCAP VI task/delivery orders may be required. If past performance is used as an evaluation factor, it will only be evaluated on an acceptable/unacceptable basis.

Price/Cost Proposals. A written price/cost proposal shall always be required. The price/cost factor may be evaluated for reasonableness, balance, realism, or completeness. All FOPRs will include a CLIN sheet for the offerors to include their pricing. The Government may require supporting documentation for the prices proposed (to include subcontracting data), but that will be determined at the FOPR level.

In the event only one offer is received, the Government will not perform a best value evaluation of the proposal, but rather will evaluate the Offeror’s proposal for technical acceptability. In accordance with DFARS 216.505-70, the Government will transition from a competitive process to a sole source acquisition and subsequently evaluate the proposal price/costs to determine a fair and reasonable price. The Government may or may not enter into negotiations with the sole Offeror.

Proposal Evaluation: For FOPRs with a tradeoff evaluation process, the Government shall only use a tradeoff between the TOMP and price as identified in the FOPR. The ratings for each factor/subfactor that will be traded off shall be IAW FAR 16.505, DFARS 216.505, DAFFARS 5316.505 and outlined in the FOPR. For factors/subfactors that will not be traded off, the ratings will either be acceptable or unacceptable. For FOPRs with an LPTA strategy, all technical factors/subfactors will either be acceptable or unacceptable. In the event of an unacceptable rating for any factor/subfactor, the proposal may be unawardable. The specific Selection Methodology used at the TO/DO level is dependent upon the complexity and risk associated with the specific acquisition. The tradeoff process may be used for the more complex, higher risk acquisitions. The LPTA methodology may be used for less complex, lower risk acquisitions. The Government shall always evaluate the proposals IAW the stated evaluation criteria in the FOPR.

The Government intends to make an award for each TO/DO based on the initial proposal submissions and in accordance with the selection criteria established in the FOPR without conducting interchanges; therefore, each offer should contain the offeror’s best terms from a price and technical standpoint. The Government, however, reserves the right to hold interchanges if, during the evaluation, it is determined to be in the best interest of the Government. Interchanges are fluid interactions between the contracting officer (CO) and the contractors that may address any aspect of the proposal and may or may not be documented in real time. Offeror responses to interchanges shall be considered in making the order selection decision. Interchanges may be conducted with one (1), some, or all offerors as the Government is not required to conduct interchanges with any or all contractors responding to the FOPR. If the Government enters interchanges, the Government may request revised proposals.

At the conclusion of evaluations, the Government will make an award to the offeror that was determined to be the best value to the Government, either through a tradeoff process or by LPTA as described in the FOPR and outlined above. It is anticipated that all awarded TO/DOs will be issued electronically. At the time of any award, all IDIQ contractors will be notified.

In the event the agency need for supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays (see FAR 16.505(b)(2)(i)(A)), it will be issued on a sole source basis as an Undefinitized Contract Action (see DFARS 217.74) to the next awardee in the rotational order. Prior to issuance of the requirement, the awardee shall be required to provide a rough order of magnitude (ROM) for planning purposes at no cost to the Government. The rotational order will be established after all basic contracts have been awarded. The order will be determined by a randomly drawn lot. All awardees names will be put into a hat and all names will be drawn to establish the order (sequential order of 1, 2, 3, 4, etc.). All awardees shall be represented during the drawing. After an order has been issued to a contractor, the next requirement will be issued to the next awardee in line. The rotational order will be maintained throughout the life of the contract unless an awardee is no longer in possession of a basic contract. In the event the Contractor does not meet the provisions of paragraph H0007 entitled, “Proof of Permission to Conduct Business of Contactor,” at the time of a needed requirement, the Contractor will be skipped for the next Contractor. This process will continue until reaching a Contractor who meets paragraph H0007 criteria. The skipped Contractor(s) will not be off ramped per paragraph H0003 entitled, “Off Ramp Conditions.” The skipped Contractor(s) will also maintain their sequence for eligibility for the next “urgent” effort(s). The awarded Contractor will go to the end of selection rotation and this will become the new rotation order.

H002 INITIAL TASK ORDER

Upon award of the basic IDIQ contract, each awardee will be issued an initial Firm-Fixed-Price (FFP) task order in the amount of $4,000.00 to satisfy the contract minimum guarantee. This initial TO requires the Contractor to send at least two staff members to attend a post-award contractor school. Required attendees shall include the designated Program Manager and the Security Manager/Deployment Specialist. The post award contractor school will be conducted at Tyndall AFB, FL within 90 calendar days after contract award. The $4,000.00 FFP is the total compensation provided for performance of this initial TO. The Government will not reimburse any costs incurred by the Contractor above this amount.

H003 OFF RAMP CONDITIONS

The Government will periodically review contractor performance and may, at its discretion, choose not to exercise a future option period on the basic IDIQ contract (effectively "off-ramping" the contractor) if any of the following conditions occur:

1. Failure to Maintain Facility Clearance: The Contractor fails to obtain and maintain an active SECRET Facility Clearance for the CAGE code under which the contract was awarded, beginning no later than 120 calendar days after contract award.

1. Dormancy: The Contractor is deemed "dormant," which is defined as failing to submit a proposal in response to a minimum of one (1) out of every five (5) consecutive FOPRs issued, and failing to submit at least one proposal in any six-month period. The six-month period is based off the last received proposal (initial or revised) from the contractor. At this point the vendor will be considered dormant.

1. Failure to Perform on an Urgent Requirement: The Contractor fails to accept and/or commence performance on an urgent and compelling (U&C) task order issued to them in accordance with H0001 and as defined at FAR 16.505(b)(2)(i)(A).

H004 TEAMING PARTNERS AND DECLARED EXCLUSIVE PARTNERS

(a) If this contract was awarded from an offer submitted on the basis of a teaming arrangement, the Government’s consideration of the Contractor for placement of task orders will reflect the teaming arrangement. In the event that the teaming arrangement is dissolved or significantly changed, the Government reserves the right to reconsider the suitability of the changed arrangements for purposes of issuing task orders.

(b) Should it become advantageous to deviate from the initial teaming arrangement, the Contractor shall request approval from the Contracting Officer before making such arrangements.

(c) This does not authorize Contractor teaming arrangements in violation of antitrust statutes or limit the Government’s rights to require consent to subcontract. The prime Contractor is held fully responsible for contract performance, regardless of any teaming arrangement between the prime Contractor and its subcontractors.

(d) Notwithstanding the above teaming arrangements and issues relating to consent, all teaming arrangement (subcontract) pricing must be supported in accordance with FAR 15.404-3. Subcontract cost and pricing data, as appropriate, shall be presented in task order proposals. In the event that cost or pricing data (certified or otherwise) is required by the Government in the FOPR, it shall be the prime contractor’s responsibility to ensure the Government receives the required subcontractor data on or before the specified proposal due date and time. If the subcontractor’s submission is separate from the prime contractor’s submission, it shall be clearly identified and cross-referenced with the prime contractor’s proposal on every page.

(e) The prime contractor shall execute an exclusive teaming arrangement with all teaming partners anticipated to perform 20% or more of the yearly dollar value. To preserve multiple independent capability sets for the AFCAP program, these declared teaming partners cannot be associated with, or act as a subcontractor to, any other AFCAP VI prime contractor for the duration of the IDIQ contract. The Offeror shall identify its list of declared exclusive teaming partners as part of its proposal submission. The prime contractor shall report all proposed changes to the PCO at least 30 calendar days prior to implementation for approval.

H005 KEY PERSONNEL

(a) The Contractor agrees to assign a program manager for the contract whose credentials, experience and expertise meet the qualification requirements identified in PWS Section 4.1.1. The contractor will be responsible for ensuring compliance with Joint Ethics Regulation, DoD 5500.7-R. This requirement may be waived or modified at the discretion of the Contracting Officer. The Program Manager shall have five years, within the last seven years, experience which requires knowledge in the areas required by PWS Section 4.1.1.

(b) The Contractor agrees to assign an alternate program manager for the contract whose credentials, experience and expertise meet the qualification requirements identified in PWS Section 4.1.2. The contractor will be responsible for ensuring compliance with Joint Ethics Regulation, DoD 5500.7-R. This requirement may be waived or modified at the discretion of the Contracting Officer. The Alternate Program Manager shall have two years, within the last seven years, experience which requires knowledge in the areas required by PWS Section 4.1.2.

(c) The Contractor agrees to assign an on-site manager for each task order whose credentials, experience and expertise meet the qualification requirements identified in the areas required by PWS Section 4.1.3. and the task order-specific PWS.

(d) The Contractor agrees that a partial basis of award of this contract will be the key personnel proposed, including those employed by subcontractors, if applicable. The program manager that was proposed in the accepted proposal, shall be identified as the program manager for the contract. Accordingly, the Contractor agrees to assign under the contract those key personnel whose credentials, experience and expertise were provided with the proposal and which meet the qualification requirements above necessary to fulfill the requirements of the contract.

(e) The AFCAP CO and AFCEC Program Manager shall be notified of any proposed changes to key personnel at least ten (10) calendar days in advance. The Government reserves the right to reject proposed changes in key personnel. Such notification shall include a detailed justification and the full qualifications of the proposed substitute.

H006 CONFLICTS OF INTEREST

(a) The parties recognize that the Contractor will play a very visible and responsible role in the fulfillment of a broad and comprehensive spectrum of contingency support type requirements. This role may allow for access to information that is not available to the public, which: (1) might give the Contractor an unfair competitive advantage; and/or (2) creates an appearance that the Contractor has an unfair competitive advantage even if no such advantage actually exists. The technical judgment of the Contractor will influence the systems, training, services, policy or guidance adopted by the Air Force, and the Contractor may play a key technical review role over other contractors' work. Both the Government and other contractors must have the utmost confidence that acquisitions are fair and that the Contractor's judgment and recommendations are objective, impartial, and independent.

(b) In order to prevent:

1. Conflicting roles which might bias the Contractor's judgment or objectivity in meeting its duties to the Government under this and any other contract(s) with the Government;

2. An unfair competitive advantage inuring to the Contractor under this or any other contract(s) with the Government; and

3. The appearance of an unfair competitive advantage in any Air Force acquisitions, it is agreed by the parties to this contract that the Contractor shall be restricted in its future contracting with the Government to the extent described below. The Contractor agrees to accept, and pursue to completion, all tasks identified hereunder and to ensure that its parents, subsidiaries, and affiliates do not thereafter enter into contractual agreements as prime contractors or first tier subcontractors which would create a conflict within the meaning of this requirement, except as follows:

If performance of a task could cause a conflict of interest within the meaning of this requirement with a contract or subcontract held by the Contractor, its parent, subsidiaries or affiliates, which pre-existed the identification of the task to the Contractor, the Contractor must disclose the conflict of interest to the Contracting Officer. If the Contracting Officer confirms that the conflict exists, the parties will consider the alternatives available to eliminate the conflict and mutually resolve it considering the relative burdens created by the prospective solutions.

(c) If, when proposing on future task orders under this contract, the Contractor believes that a real or perceived OCI may exist as a result of an award involving unequal access to nonpublic information, the contractor shall submit an OCI Avoidance or Mitigation Plan with its proposal on the task order. If, however, the contractor has assisted in writing the work statement, budget, cost estimate or source selection plan for a future task order, or if the contractor is already performing under another task order or contract that would require it to evaluate its offer for or its performance of the future task order, the contractor will be barred from competing for or participating as a prime contractor or subcontractor on that future task order unless the contracting officer grants a waiver of the OCI that cannot be mitigated. The contracting officer may grant a waiver only if no other contractor submits (or is reasonably expected to submit) a qualifying, technically acceptable offer (only if the initial task order FOPR was solicited for a period of at least 30 days or whenever the initial FOPR did not allow for at least 30 days and it was re-solicited for an additional 30 days) on the future task order when it is submitted.

(d) If the Contractor in the performance of this contract, assists in the preparation of a requirement, or provides information leading directly, predictably and without delay to the preparation of a requirement, it is agreed by the parties that the Contractor's parent companies, subsidiaries, and any organization with which the Contractor is affiliated through an ownership or direct financial interest shall be ineligible to participate in any competition to obtain award of a contract or task order to perform for the Government the work described within said requirements documents.

(e) Performing work under this contract may involve access to nonpublic information of other companies. The Contractor must limit the use of nonpublic information coming from the Government or from third parties to the purposes specified in the contract or task order by:

1. Safeguarding the nonpublic information from unauthorized use and disclosure

2. Limiting access to nonpublic information to only those individuals who need it to perform services under the contract or task order

3. Informing individuals who may have access to nonpublic information about their obligations to use the information only to perform the services specified in the contract or task order and to safeguard the information from unauthorized use and disclosure

4. Obtaining a copy of a signed non-disclosure agreement from each individual who may have access to nonpublic information and providing the non-disclosure agreement to the contracting officer upon request; and

5. Reporting any violations of the requirements set forth in this paragraph to the contracting officer; the report must include a description of the violation and what actions have been taken by the contractor in response to the violation.

(f) The Contractor must agree that the Government may release nonpublic information provided by the Contractor to its employees, contractors, or subcontractors in the performance of this contract or task order subject to the protections listed in paragraph (e) above.

(g) If the Contractor discovers an actual or potential organizational conflict of interest not previously considered or adequately mitigated under this requirement or if the Contractor receives information that contains a mark indicating that the Contractor should not have received the information, the Contractor shall immediately make a prompt and full disclosure in writing to the Contracting Officer. This report shall include a description of the violation and the actions the Contractor has taken or proposes to take to mitigate and avoid repetition of the violation. The Contractor shall routinely monitor its proposed business development and shall discuss any real or perceived OCI issues with the Contracting Officer and affected customers to proactively resolve and/or mitigate those potential OCI issues. After conducting such further inquiries and discussions as may be necessary, the Contracting Officer and the Contractor shall agree on appropriate corrective action, if any, or the Contracting Officer shall direct such action, subject to the terms of this contract.

(h) The Contractor agrees that any organization participating in the performance of this contract shall be bound as though the "Contractor" hereunder. Entities or organizations merely cooperating with the Contractor (e.g., providing information) to enable the Contractor or its agents subcontractors, or affiliates to perform shall not be deemed to be "participating" hereunder. This provision shall be incorporated in a manner to insure that such organizations, and their parents, subsidiaries, and affiliates, shall be so bound in all subcontracts, teaming arrangements, and other agreements calling for the performance of any requirements under this contract.

(i) All AFCAP VI participants (prime contractors, sub-contractors, teaming partners, joint-venture firms, etc) are excluded from participating or competing for award in other (non-AFCAP VI) acquisitions for advisory and assistance service requirements that support the Air Force Civil Engineering Center (AFCEC).

(j) AFCAP VI participants (prime contractors, sub-contractors, teaming partners, joint-venture firms, etc.) may, in performance of their contractual obligations to the government, gain access to proprietary information of other companies. All AFCAP VI participants must agree with the other companies (AFCAP Labor Support A&AS provider) to protect their information from unauthorized use or disclosure for as long as it remains proprietary and refrain from using the information for any purpose other than that for which it was furnished. All AFCAP VI participants shall provide copies of the fully executed agreements to the Contracting Officer.

H007 PROOF OF PERMISSION TO CONDUCT BUSINESS OF CONTRACTOR

(a) The Contractor shall, at its own expense, acquire and maintain all permissions, licenses, approvals, and other legal instruments required to conduct business in any country, state, province, or other locality where task order performance occurs. If original documents are not in English, the Contractor shall provide certified English translations.

(b) At the Task Order Level: The specific requirements for demonstrating this capability will be detailed in each Fair Opportunity Proposal Request (FOPR). This may include providing either:

1. Copies of existing, current permissions and licenses; or

2. A detailed plan demonstrating the Contractor's ability to obtain the necessary permissions and licenses prior to the required performance start date. This plan may include process milestones, identification of in-country partners, and other substantiating documentation.

(c) For Urgent Requirements: Failure to provide immediate proof of permission to conduct business at a location for an urgent requirement may result in the Contractor being skipped in the rotational order, as described in H003 Off Ramp Conditions.

(d) Government Non-Responsibility: The Government assumes no responsibility for assisting the Contractor in obtaining any required licenses or permissions. The Contractor is solely responsible for all costs and administrative efforts associated with this requirement.

(e) Anticipated Locations: As of the date of this solicitation, AFCAP projects are currently located or anticipated in, but not limited to, the following locations: Ascension Island, Afghanistan, Djibouti, Germany, Guam, Honduras, Israel, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Niger, Northern Mariana Islands, Oman, Palau, Philippines, Qatar, Saudi Arabia, Tinian, United Arab Emirates, and Wake Island.

H008 ON RAMP CONDITIONS

(a) Right to On-Ramp: The Government, at its sole discretion, reserves the right to re-open competition for the AFCAP VI IDIQ contract at any time. When the Government elects to on-ramp new contractors, it will advertise the opportunity on the Government Point of Entry (GPE), and any new awardees shall meet the criteria established in the initial solicitation.

(b) Evaluation and Award: The evaluation and award criteria used for any on-ramping effort will be exactly the same as the criteria used for the original AFCAP VI basic contract awards. The anticipated number of new awards will be announced in the on-ramping solicitation.

(c) Integration and Limitations:

1. Successful on-ramp awardees will be fully integrated into the contract pool and will compete with all existing contractors for future Task Orders.

2. The addition of new contractors will not increase the overall AFCAP VI IDIQ contract ceiling.

3. The period of performance for any new on-ramped contract will not extend beyond the ultimate completion date of the original AFCAP VI IDIQ contract, including all option periods.

(d) Unsolicited Proposals: The Government will not consider unsolicited requests or proposals for addition to the AFCAP VI contract pool. Contractors may only be added through a formal on-ramping solicitation.