Attachment 11 - Task Order Procedures.pdf

SOURCE SELECTION INFORMATION ‐‐ See FAR 2.101 and 3.104

ATTACHMENT 8-Task Order Procedures

1.1 TASK ORDER ISSUANCE PROCEDURES

(a) Work under this contract will be ordered by written Task Orders issued on DD Form 1155 (Order for

Supplies or Services) to the contractor by the Contracting Officer.

(b) Each Task Order awarded as a result of this solicitation will cite an individual task order number specific to the Task Order and will relate back to the basic contract number.

(c) The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed Task Orders. Requests for proposals will indicate funds availability. The government may request proposals with no assurance of funding and provides no assurance that task orders will be issued.

(d) Task Orders will be firm fixed price and clearly define the specific work required or the performance desired. Each Task Order may contain additional, site or project specific, provisions. Any such additional provisions shall be a part of the Request for Proposal.

(e) Task Order projects may include complex performance oriented tasks requiring design development for design-build construction, may be construction or government provided design, or a combination thereof. The Task Order may or may not have traditional plans and specifications but may include sketches, and requests for catalog cuts, and other submittals. The ordering procedures are defined in the basic MACC Specifications at Attachment 6.

(f) Task Orders may be modified by the Contracting Officer. Modifications to task orders will be issued on Standard Form (SF) 30 and cite the Task Order Number.

(g) Submission of proposals for Task Orders is not required. However, contractors are required to contact the Contracting Officer within two days after receipt of Task Order Request for Proposal (TORFP) if a contractor will not participate in the walk through or submit a proposal on a Task Order. Repeated non-submission may be grounds for the Contracting Officer to not execute the contract option for the following year.

1.2 DESCRIPTION OF SUBSEQUENT TASK ORDERS

Task Orders will normally range from $600K to $10M, with most Task Orders falling in the range of $1M to $5M. Task Order projects may require either a single discipline or multidiscipline design services for airfield pavement or all aspects of general building construction for new, renovation and addition-type projects. Projects may also require comprehensive interior design, lead and asbestos abatement and incorporation of sustainable features. Some projects may require only minimal design. The government will solicit offers for projects for which funds are not certified or readily available. AMC refers to these acquisitions as “Authority to Advertise” or “ATA” projects.

1.3 SUBSEQUENT TASK ORDER EVALUATION CRITERIA

Subsequent Task Orders may be awarded on price, past performance, best value, performance price tradeoff process or low price, technically acceptable basis. If the Government decides to issue the Task Order as a best value using the tradeoff process, award factors will vary depending on the unique requirements of each Task Order. The following sample criteria may be evaluated, in addition to price or cost:

(a) Past Performance - Task Order past performance or prior past performance on other contracts

(b) Quality of Deliverables

(c) Ability to Meet Schedule Requirements

(d) Relevant Experience

(e) Cost Control

(f) Potential impact on other orders placed with the contractor

(g) Current workload

(h) Design

(i) The contractor’s technical understanding of the work.

(j) The most efficient and effective plan to accomplish the work.

(k) Rationale for proposed materials, type and quantities.

(l) Sustainable design features

1.4 COMPETITION

Per Part 34.001, “Effective Competition” is a market condition that exists when two or more contractors, acting independently, actively contend for the Government’s business in a manner that ensures that the Government will be offered the lowest cost or price alternative or best technical design meeting its minimum needs.

(a) Only the contractors awarded contracts as a result of this RFP will compete for subsequent Task Orders.

These contractors are encouraged to participate in all site visits and submit proposals. Failure by offerors to participate responsibly in site visits and submit proposals may result in the Government not exercising the option to extend the contract or exclusion of the contractor from further competition.

(b) As imposed by 10 U.S.C. 2306(d) and 41 U.S.C. 254(b), note that for those task orders [excluding Non-appropriated Funds (NAF) task orders] requiring design effort (i.e. design-build), the contracting officer is restricted from negotiating a price for fee for the production and delivery of designs, plans, drawings, and specifications exceeding 6% of the estimated cost of construction.

(c) A minimum of two proposals on Task Orders will satisfy competition requirements and preclude the necessity of soliciting for a replacement contractor if for any reason one of the contracts is terminated or one of the contractors is excluded from participation in the process.

(d) Unless the Contracting Officer applies the exceptions noted below, each Task Order will be awarded, as a result of competition to the contractor who offers the best value to the Government considering the criteria specified. The Contracting Officer’s decision as to the selection for award of a Task Order may not be protested unless the protest is on the grounds that the order increases the scope, period, or maximum value of the contract program.

(e) The Contracting Officer reserves the right to award a Task Order without competition based upon a determination that:

(1) The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays;

(2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services being ordered are unique or highly specialized.

(3) 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, provided that all awardees were given a fair opportunity to be considered for the original order.

(4) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in FAR 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in FAR Part 19 apply.

1.5 BONDS – APPLICABLE TO INDIVIDUAL TASK ORDERS

Contractor shall furnish Performance and Payment Bonds (Standard Form 25/25A) with good and sufficient surety or sureties, acceptable to the Government. A list of the certified companies can be found on the Department of the Treasury's Listing of Approved Sureties (https://www.fiscal.treasury.gov/surety‐ bonds/list‐certified‐companies.html). The penal sums of the bond will be as shown below. A notice to proceed shall not be issued and no work shall begin until good and sufficient surety, as identified below has been received and accepted by the Contracting Officer.

(a) Performance Bond: Unless the Contracting Officer determines that a lesser amount is adequate for the protection of the Government, the penal sum of the performance bonds (Standard Form 25) shall equal one hundred percent (100%) of the contract price for each Task Order.

(b) Payment Bond:

(1) Shall equal 100% of the contract price for each Task Order.

(2) One of the following is required:

(i) A payment bond.

(ii) An irrevocable letter of credit (ILC).

(iii) A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, as escrow agent, and all of the suppliers of labor and material. The escrow agreement shall establish the terms of payment under the contract and of resolution of disputes among the parties. The Government makes payments to the contractor's escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required.

(iv) Certificates of Deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the Contracting Officer, in an acceptable form, executable by the Contracting Officer.

(v) A deposit of the types of security listed in FAR 28.204-1 and 28.204-2.

(3) Bonds are due within 10 days of the receipt of the task order.

(c) Bid Bond:

Bonding requirements for a guarantee will be included in the FOPR. Individual proposal guarantees of at least 20% of the proposed price may be required from all offerors competing for award of all subsequent Task Orders.

Bid Bonds will only be waived at the discretion of the Contracting Officer.

1.6 Payments – APPLICABLE TO INDIVIDUAL TASK ORDERS

The Contractor shall submit Requests for Payments per the DFARS Clause 252.232-7006, Wide Area WorkFlow Payment Instructions specified in each individual Task Order. DFARS 252.236-7007, Additive or Deductive Items may be incorporated in Task Order Requests for Proposals.