Attachment 2 - SABER Special Contract Requirements.pdf

Attachment 2

SPECIAL CONTRACT REQUIREMENTS

Simplified Acquisition of Base Engineering Requirements (SABER)

1.0. GENERAL TERMS

1.1. Contract Type and Length: This is an Indefinite-Delivery Indefinite-Quantity (IDIQ) type contract with a one year base period and four option years of period of performance (PoP). Task Orders (TOs) will be Firm-Fixed-Price (FFP) contracts and include a wide variety of individual specific elements of design and/or construction work at Lajes Field, Azores, Portugal. The contractor shall furnish all materials, equipment and personnel necessary to design, manage, and accomplish each TO.

1.2. Guaranteed Minimum: The Government will satisfy the minimum guarantee requirement by issuing a task order for the expenses incurred in the initial pre-construction conference after award, in the amount of €2,000.00.

1.3. Contract Maximum: The "maximum", as referenced to in the contract clause FAR 52.216-22, "Indefinite Quantity", is the contract total estimated cost. The Government anticipates that there will be a maximum estimated cost of around $25,000,000.00 for the duration of the PoP. This estimated "maximum" amount may only be exceeded through a bi-lateral agreement between the Government and contractor. The contractor must be prepared to perform up to the contract maximum estimated cost of $25,000,000.00. If the Government's requirements for services set forth in the solicitation do not result in orders in the amount described as the "maximum", the event shall not constitute the basis for an equitable adjustment under this contract.

1.4. Performance Evaluation Meetings: The contractor’s personnel responsible for managing the SABER program shall be required to meet, as needed, with 765 ABS/CEN and the CO to discuss progress and quality of work being performed.

2.0. NOTICE TO PROCEED (NTP)

A NTP will be issued for each TO placed against the basic contract. The CO reserves the right to determine the issue date of any NTP.

3.0. ORDERING PROCEDURES

3.1 As requirements are identified, the Government will issue a Request for Proposal (RFP) that will describe the Government’s requirements, along with the required proposal response time. A site visit will be scheduled with the contractor to verify measurements, work components and to negotiate the period of performance of the TO. IAW FAR 16.505, Ordering, Firm-Fixed-Price (FFP) TOs will be awarded within the scope of the Specifications (Attachment 1). The negotiated performance period from the site visit will be incorporated into each TO. All TOs issued hereunder are subject to the terms and conditions of the basic SABER contract.

3.2. Request for Proposal (RFP): When the Government has a requirement for work to be performed, the CO shall issue a RFP with the following attachments, as applicable: Statement of Objectives (SOO) or Statement of Work (SOW, a Schedule of Material Submittals (AF Form 66, that may be revised or expanded by the contractor), any applicable drawings, technical specifications, site map, preliminary or intermediate design, etc. The RFP shall be in writing and may be transmitted via e-mail. Issuance of a RFPs does not obligate the Government to issue TOs under this contract, nor shall it authorize the contractor to perform any work pursuant to such RFP prior to the contractor's receipt of a TO award.

3.2.1. Pre-Proposal Site Visit: Upon receipt of the RFP, the contractor shall respond to the RFP within two (2) to five (5) working days (or a shorter time period during emergency requirements) by visiting the proposed work site in the company of the CO (or authorized representative), Government Project Engineer(s), and a representative of the using agency (if necessary) to conduct a scope validation site visit and conference during which the following will be discussed (but not limited to):

Site investigation Methods and alternatives for accomplishing work Definition and refinement of requirements Statement of Work or Statement of Objectives Requirements for plans, sketches, shop/design drawings, submittals, etc.

Preliminary quantities (NOTE: The contractor establishes their own detailed quantity estimates for use in developing their proposal)

3.2.2. Submission of Task Order Proposal: Upon receipt of the RFP, the contractor shall then prepare their technical proposal and price proposal for submission to the CO in electronic format only, unless the CO specifically requests a hard copy (i.e. due to corrupted media format or Internet outage, etc.). All TO proposals shall contain all information required for the Government to conduct an adequate and accurate evaluation:

(1) Technical Proposal: In general, the technical proposal will include, but not limited to:

i) Project SOW (may be Revised or Expanded with all changes clearly noted)

ii) 35% to 100% design drawings to include: site map, layouts, material schedule

iii) Completed Submittal Register (including all major work items)

iv) Estimated Period of Performance

(2) Price Proposal: The price proposal shall consist of a Detail Cost Estimate using RS Means Online software (based on RSMeans Cost Data).

3.2.3. Requirement Cancellation: If, after following the evaluation procedures outlined in the RFP, the proposal is not acceptable or the Government loses the funding for the project; or if the project is no longer required prior to proposal acceptance, the Government reserves the right to cancel the requirement without any reimbursement to the contractor. The Government will notify the contractor of the cancellation.

3.3. Performance Period: Each RFP issued will include a Government desired/required performance period. The contractor may propose a different period of performance for any given TO. If necessary, the performance period will be negotiated during the initial site visit. The CO will have the final decision regarding performance period.

3.4. Liquidated Damages: Liquidated damages, if applicable, will be identified on each TO.

4.0. TASK ORDER INFORMATION

4.1. Task Orders will be issued for CLIN X001 by the CO using a DD Form 1155. Each task order will include the following information:

Date of the task order Contract number, task order number and project number Scope of work, location (building number or area) and task order total price Delivery or performance data Accounting and appropriation data Any other pertinent data

4.2. The contractor’s proposal on every TO must be supported by necessary documentation, as required, to indicate that adequate engineering and planning to accomplish the requirement have been done so as to minimize any delays in the construction process. Examples of documentation required for submittals that might reasonably be expected include sketches, drawings, calculations, catalog cuts, specifications, architectural renderings, detailed scope of work, etc. All such design submittals must be approved by the CO prior to start of any actual construction or demolition work.

5.0. TIME EXTENSIONS (Weather)

5.1. In case of unusually severe weather, a time extension may be granted. The listing below defines the monthly anticipated adverse weather delay days for the contract period:

JAN – 4 days FEB – 4 days MAR – 3 days APR – 3 days MAY – 2 days JUN – 2 days

JUL – 1 day AUG – 2 days SEP – 3 days OCT – 4 days NOV – 4 days DEC – 4 days

5.2. The above schedule of monthly anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the NTP and continuing throughout the contract on a monthly basis, actual adverse weather days will be recorded by the contractor on a calendar day basis (including weekends and holidays) and compared to the monthly anticipated adverse weather days above. The contractor shall prove to the CO all severe weather delays with a full justification (to include official daily weather report print-outs, concrete curing temperature specifications, etc.). The CO reserves the right to deny weather delay claims that are not fully justified.

5.3. The number of actual adverse weather days shall be calculated chronologically from the first to the last day in each month. Once the total number of actual adverse weather days anticipated above has occurred, the CO will examine any subsequently occurring adverse weather days to determine whether a contractor is entitled to a time extension. These subsequently occurring adverse weather days must prevent work for 50% or more of the contractor's workday and delay work critical to the timely completion of the project. The CO will convert any delays meeting the above requirements to calendar days and issue a modification.

5.4. The contractor's TO progress schedule must reflect the above anticipated adverse weather delays on all weather dependent activities.

6.0. WARRANTY SERVICE REQUIREMENTS

6.1. Following notification by the CO (or authorized representative), the contractor shall respond to a warranty service requirement identified by the CO (or authorized representative) in accordance with the "Warranty Service Priority List" of this program. This list defines and prioritizes warranty work into the following categories:

a) Emergency - Emergency deemed by 765 ABS/CENM such as a life-threatening situation caused by a utility outage deemed hazardous to the safety of personnel. The contractor shall perform on-site inspection to evaluate situation, determine course of action, and initiate work within 2 hours of notification and work continuously to completion.

b) Urgent - All utilities, including HVAC, plumbing and electrical. Also, intrusion alarm systems, all roof leaks, kitchen equipment, and fire detection/protection and sprinkler systems. The contractor shall perform on-site inspection to evaluate situation, determine course of action, and initiate work within 24 hours of notification and work continuously to completion.

c) Routine - All other work to be initiated within 48 hours of notification and work continuously to completion.

6.2. Should parts be required to complete the work and these parts are not immediately available, the contractor shall have a maximum of 12 hours after arrival at the job site to provide the CO with firm, written proposals for emergency alternatives and temporary repairs for Government participation with the contractor provided emergency relief until the required parts are available on site for the contractor to perform permanent warranty repair. The contractor's proposal shall include a firm date and time that the required parts shall be available on site to complete the permanent warranty repair. The CO will evaluate the proposed alternatives and select the alternative considered to be in the best interest of the Government to reduce the impact of the emergency condition. Alternatives considered by the CO will include the alternative for the contractor to "do nothing" while waiting until the required parts are available to perform permanent warranty repair. Negotiating a proposal, which will require Government participation and the expenditure of Government funds, shall constitute a separate procurement action by the Government.

7.0. NOTES REGARDING WORK HOURS

7.1. Standard Working Hours. The contractor shall perform tasks during the standard working period of 0800 to 1700, Monday through Friday, excluding Portuguese Holidays. The Government estimates that work will be performed during standard hours 90% of the time. This figure is only an estimate. The contractor is not entitled to an equitable adjustment if actual work performed reflects a different value. The contractor may elect to work during non-standard hours (1700 to 0800)at their own cost; however, a request must be submitted in writing to the 765 ABS Chief of Construction Management at least 48 hours in advance and approved by the CO.