ATTACHMENT 2 MACC ORDERING GUIDE_03302022.pdf

FA282322R0004 1

NORTHWEST FLORIDA AIR FORCE (NWF-AF) REGIONAL

MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)

ORDERING AND ADMINISTRATION GUIDE

(Including Off/On Ramping Instructions)

Eglin AFB – Hurlburt Field – Tyndall AFB Florida

1. General Information: During the ordering period of this Multiple Award Indefinite Delivery/Indefinite Quantity (IDIQ) contract, the Government will implement the process set forth to develop and issue Task Orders (TOs) for performance under this IDIQ. The procedures for selecting Offerors for order awards under this contract are governed by FAR 16.505 and supplements. Unless otherwise specified in a Task Order Proposal Request (TOPR), the following guidance defines the process by which fair opportunity will be afforded and how TOs will be evaluated and awarded. Orders processed under this IDIQ contract will be decentralized, meaning installation Contracting Officers (Ordering Contracting Officer) will solicit active IDIQ holders for local requirements and administer the resulting orders. Orders may only come from Contracting Officers assigned to Eglin AFB, Hurlburt Field, and Tyndall AFB. All contract clauses contained in the IDIQ shall be considered incorporated in each proposal request unless otherwise specified in the TOPR and resultant TO. If conflict exist between the contract clauses and the information contained in the TO, the IDIQ language shall take precedence.

2. Task Order Procedures: As the need exists for performance under the terms of this contract, the Ordering Contracting Officer from the prospective base will notify each Prime Contractor in the active pool of an existing requirement with a TOPR, unless the Ordering Contracting Officer determines that an exception to Fair Opportunity applies. TOs will be awarded hereunder within the scope of the terms and conditions of this contract IAW FAR 16.505, the fair opportunity principles at FAR 16.505(b), and DFARS 216.505. The Offeror shall submit a proposal IAW the individual terms of TOs specified by the Ordering Contracting Officer in the individual TOPR.

TOPRs will indicate funds availability. Orders shall be issued on a Firm-Fixed Price (FFP) or FFP with Economic Price Adjustments basis. The Contract Line Item Number (CLIN) structure shall be identified at the individual TO level.

3. Participation: Each Offeror is required to submit a response or proposal to all TOPRs to maintain an 80% participation. Offerors are not obligated to propose on all TOs; however, they are required to contact the Ordering Contracting Officer prior to the proposal due date in writing if they cannot participate in the walk through or submit an offer. Failure to provide this notification may lead to Off Ramping from the IDIQ. Offerors shall maintain a minimum of an 80% participation rate per year. Failure to meet the 80% participation rate will be considered in the Government's evaluation of the Offeror's performance and may result in Off Ramping of an Offeror.

4. Only One Proposal Received: If no proposal or only one proposal is received, the Government, at its discretion, may revalidate the TOPR requirement. The validation process may include communication with some or all the Offerors to determine whether there are concerns about the TOPR requirement. Should the requirement be validated, the Ordering Contracting Officer may reissue the TOPR package. After the Government revalidates the TOPR requirement and if only

FA282322R0004 2

one proposal is received, the Ordering Contracting Officer must follow the procedures at DFARS 215.371.

7. TOPR Package: The TOPR shall include at minimum the following documents:

1. Description of the specified work required (SOW for specific requirements and/or specifications and drawings)

2. CLIN Structure

3. Contract Type FFP or FFP w/EPA

4. Location of the Work

5. Period of Performance

6. Magnitude of Project

7. Liquidated Damages Rates

8. Proposal Validity Date

9. Proposal Response Time

10. Questions and Answers due date

11. Bonding Requirements

12. If a site visit is scheduled, the TOPR shall identify the specific schedule and limitations

13. Proposal preparation instructions and selection criteria

14. Any other pertinent information for the Offeror

Award will only be made upon receipt of certified funds; unless specifically authorized by the Ordering Contracting Officer, the Offeror shall not commence performance or incur in any costs until a fully executed TO is issued.

The Prime Contractor and any Subcontractor or lower tier Subcontractor performing construction on the NWF-AF MACC Program shall be responsible for compliance with all contract clauses cited within the contract.

8. Proposal Cost: Costs for preparation of proposals and pre-award activities shall be the sole responsibility of the Offeror. Offerors will not be reimbursed for attendance during negotiations, site visits, walk-throughs, or any other pre-award activities/expenses.

9. Canceling TOPR: The Ordering Contracting Officer reserves the right to withdraw or cancel the proposed TOPR package. In such event, Offerors will be notified via letter or email of the Ordering Contracting Officer's decision, and the decision shall be final and conclusive and shall not be subject to the "Disputes" clause or the "Contract Disputes Act".

10. Pricing Data: TOs that exceed the threshold at FAR 15.403-4 can be subject to certified cost or pricing data and/or other than certified cost or pricing data can be required to support all proposals.

11. Design Fee: For TOs requiring design efforts (i.e. Design-Build requirements), the price for fee for the production and delivery of designs, plans, drawings, and specifications (i.e. Direct Costs) cannot exceed 6% of the estimated construction as imposed by 10 U.S.C 2306(d) and 41 U.

S.C. 254(b) excluding those for requirements funded using Non-Appropriated Funds (NAF).

FA282322R0004 3

12. Source Selection Processes: TOs may be awarded based on the utilization of any of the following source selection processes: Tradeoff, Lowest Price Technically Acceptable (LPTA), or any other evaluation process identified in the TOPR depending on the unique requirements of each

TO.

13. Protest: In accordance with FAR 16.505(a)(10)(i) and (ii) no protest under FAR 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 protest on the grounds that the order increases the scope, period, or maximum value of the contract; or a protest of an order valued in excess of $25 million (10 U.S.C. 2304c(e)). Protests of orders in excess of the thresholds stated in FAR 16.505(a)(10)(i)(B) may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

14. Administration of TO: Only the Ordering Contracting Officer that issued the TOs to the Offeror, shall provide specific authorization or direction to perform work within the scope of the contract and as specified in the requirement documents. Unless specifically authorized by the Ordering Contracting Officer, the Offeror shall not commence work until a fully executed TO has been awarded and a notice to proceed has been issued. The Ordering Contracting Officer that issued the TO is the only person authorized to approve changes or modify any of the TOs issued under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Ordering Contracting Officer. In the event the Offeror effects any such changes at the direction of any person other than the Ordering Contacting Officer, the change will be considered made without authority and no adjustment will be made in the contract price to cover increase in costs incurred as a result thereof.

15. Modifications: Modifications to TOs will be issued on Standard Form (SF) 30 by the Ordering Contracting Officer.

16. Designated Project Manager: Upon receipt of the TO, the designated Project Manager at the Ordering Contracting Officer location shall be responsible for the oversight and management of the TO and shall be the POC for the Government's Project Manager.

17. On and Off Ramping General Conditions:

On Ramping: is defined as switching a qualified inactive contract holder to active status to compete for subsequent requirements under the fair opportunity process identified at FAR 16.505.

Off Ramping: is defined as removing an active contract holder from the fair opportunity process.

Removal from MACC Program: Once Off Ramped, Offerors will be completely removed from the MACC Program and will no longer be eligible to compete for future TO awards. If an active Offeror is Off Ramped, an inactive Offeror may be On Ramped. Work on previously awarded TOs is expected to continue to completion, but the contractor will be ineligible to propose on future TOs under the IDIQ.

Participation: Contract holders are expected, in good faith, to participate in TO competitions, and if successful, to deliver quality projects on schedule and at cost, to include management and

FA282322R0004 4

supervision of Subcontractors. Failure to participate in good faith and/or an overall performance CPAR Rating of Marginal or Unsatisfactory may result in the Offeror being Off Ramped from the MACC IDIQ program.

Quality Assessments: Periodically, the Government will assess the quality of performance by each IDIQ holder, the number, value and complexity of work assigned to each holder and amount of competition achieved. In addition, the Government will assess the internal transaction cost for issuing each TO.

On Ramp Procedures: Offerors will be On Ramped in the order they are ranked (i.e. number eleven (11) would be the first Offeror to be On Ramped). The Government reserves the right to On Ramp inactive Offerors during the term of this IDIQ contract. On Ramping procedures may take place at any time after the basic IDIQ is awarded. The Government may choose to On Ramp any number of inactive IDIQ awardees when the Contracting Officer determines it is in the Government's best interest to do so in order to enhance the competitive environment of TOPR solicitations under the originally awarded IDIQ contracts. This may be due to any reason, including the lack of robust competition for TOs or a shrinking of the competitive pool of original active IDIQ awardees. On Ramping procedures apply when the Government decides to switch the status of a MACC Program Inactive Contractor from inactive status to active status. No Offeror outside the MACC Program pool of Offerors will be allowed to be On Ramped. If it becomes necessary to On Ramp an IDIQ Inactive Contractor to replace an Off Ramped Offeror, the Government will replace the Off Ramped Offeror with the next highest rated Offeror amongst the inactive pool. In addition the Government reserves the right to Off Ramp and/or On Ramp an Offeror at any time if it is determined to be in the best interest of the Government.

Award of On Ramping IDIQ: To make an On Ramped Inactive Contractor active, the Government will give the On Ramped Offeror a 30-day notice. The Offeror will be required to recertify their small business status and, at the end of the 30 days, the Government will issue the basic IDIQ contract and award the minimum TO in the amount of $1,000 to support a kick-off meeting. This will change the Status from "MACC Program Inactive Contractor" to "MACC Program Active Contract Holder". No terms or conditions will be changed. The On Ramped Offeror would then be included in the active IDIQ Contractor pool and may compete for future TOs. The Government will promptly send written notices to existing active IDIQ contract holders of any On Ramp actions. Any IDIQ contracts made active under these On Ramp procedures will not exceed the program ordering period or period of performance. The Government's actions to On Ramp inactive contractors under this process shall not constitute a basis of contractual adjustment or protest for any active IDIQ contract awardees.

Off Ramp Procedures: The Off Ramp process under the MACC Program encompasses a procedure by which the Government may exercise its unilateral right to remove an Offeror from the pool of active IDIQ contract awardees. The Government, at its sole discretion, reserves the right to Off Ramp an Offeror by enforcing a contract termination at the end of performance of the last active awarded TO, at no cost to the Government, for the reasons below as applied to the Offeror or any of its Subcontractors:

FA282322R0004 5

a) Failure to provide good faith, competitive proposals or responses for at least 80% of TOPR requests over a twelve month period of performance (It is the responsibility of the Offeror to track percentage submitted.)

b) Failure to self-perform at least 15% of the work over a twelve month period of performance

c) Late performance of TO workload

d) Failure to maintain and provide required data requested by the Contracting Officer

e) Inability of Prime Contractor or Subcontractors performing work to maintain proper certification

f) Failure to participate in the annual program management review

g) Consistently poor TO performance as evidence by customer feedback to the Contracting

Officer

h) Unresponsiveness to warranty work

i) Failure to provide responsive customer service

j) Unsafe site conditions

k) Any other reason seen suitable by the Contracting Officer

30 Day Notice: The Government will provide a 30-day written notice if it intends to Off Ramp an IDIQ Offeror. However, it is the Government's intent to maintain a strategic relationship with all IDIQ Offerors for the duration of the IDIQ ordering period. Off Ramping of Offerors utilizing the Off Ramping procedures shall not constitute a basis of contractual adjustment or a claim under the Disputes clause. Additional Procedures to remove an Offeror from the pool of active IDIQ contract awardees includes FAR Part 49 for contracts or orders.