Draft Atch 2 _ KISS MAC IDIQ Ordering Guide.pdf

RFP FA561325RXXXX

Attachment 2

ORDERING GUIDE AND PROCEDURES

FOR

KAISERSLAUTERN INSTALLATION

SUPPORT SERVICES (KISS)

MULTIPLE AWARD (MA) CONTRACT

NOVEMBER 2024

(Revision 0.0)

KISS Ordering Guide and Procedures

Table of Contents

1.0 Description

1.1 Purpose

2.0 Scope

2.1 Defense and Economic Cooperation Agreement (DECA)

2.2 Customers

2.3 Ordering Periods and Lead Times

2.4 Contracting Office and Contract Management Team

2.5 Value-Added Tax

3.0 Requirements Flow

3.1 Process Timeline

3.2 Ordering Guidelines

3.3 Payments

4.0 Fair Opportunity Proposal Request (FOPR)

4.1 TO Element Type

4.2 Evaluation Criteria

4.3 Technical Capability

4.4 Past Experience

4.5 Price Only Factor

4.6 Quality Control Plan

4.7 Contract Performance Assessment Report System (CPARS)

5.0 On/Off-Ramping Procedures

6.0 Templates

1.0 Description

Multiple Award Indefinite Delivery/Indefinite Quantity (MAC IDIQ) contracts are appropriate for use when the Government has a known requirement but the exact timing or occurrence of the requirement cannot be identified.

These contracts are awarded to multiple awardees using FAR 15.3 source selection procedures, with the intent to conduct fair opportunity task/delivery order competitions among the awardees in accordance with FAR 16.505(b)(1). Task Orders (TO) are established for services, while Delivery Orders procure supplies. The Government provides each MAC IDIQ contract holder with a fair opportunity to be considered for each order exceeding the micro-purchase threshold, as long as the requirement is within scope of the IDIQ and the cumulative value of all orders does not exceed the maximum value of the MAC IDIQ.

1.1 Purpose

FAR 16.505(b)(1) allows flexibility in conducting fair opportunity competitions creates an environment where the Contracting Officer (CO) can significantly reduce procurement lead time by developing simplified and streamlined ordering processes to compete orders amongst the pre-selected qualified Kaiserslautern Installation Support Services (KISS) MA IDIQ contract holders. The CO documents the chosen fair opportunity competition processes within the MA IDIQ Ordering Guide and includes the ordering guide as an attachment to the basic MA IDIQ contract. The subsequent fair opportunity solicitations, called the Fair Opportunity Proposal Requests (FOPRs), may also contain a description or clarification of the competitive processes that will be followed to compete a given order.

The 700th Contracting Squadron (700 CONS) in conjunction with the 86th Civil Engineer Group (86 CEG) identified an opportunity to reduce cost, standardize requirements, and reduce acquisition lead time to ultimately procure services at a lower cost through negotiated volume. The KISS IDIQ was determined to be the most appropriate contracting vehicle, providing familiarity and streamlined pre and post award administration, while reducing risk. This ordering guide will provide our customer(s) with guidance on ordering services under the established KISS MA IDIQ. Contract numbers and Contractor information is provided below:

1.2 General Terms

Contract Type and Length: This is an IDIQ type contract with a 10-year Program Ordering Period. TOs will be Firm-Fixed-Price (FFP) or Cost Reimbursable (CR) and include a wide variety of individual specific elements of design and/or construction work in Kaiserslautern Military Community (KMC) areas, Spangdahlem Air Base (SAB) areas and all of Germany. The contractor shall furnish all materials, equipment and personnel necessary to design, manage, and accomplish each TO.

Guaranteed Minimum: The Government will satisfy the minimum guarantee requirement by issuing a task order for €1,000.00 to each of the awardees at the time of the KISS award.

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 $175,700,000.00 for the total 10-year Program Ordering Period. 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 $175,700,000.00. 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.

Performance Evaluation Meetings: The contractor’s personnel responsible for managing the MACC program shall be required to meet, as needed, with the 86 CES/CEN Chief or the 52 CES/CEN Chief, as applicable, and the CO to discuss progress and quality of work being performed.

1.3 Roles and Responsibilities

700 CONS is responsible for award, administration, and management of the KISS IDIQ contract. The ordering activity is responsible for the award, administration, management, and closeout of orders placed against the KISS IDIQ contract. The ordering activity must comply with the Schedule contract terms and conditions, FAR, and local agency policies, as applicable.

1.3.1 Issuing activity responsibilities:

1. Administer IDIQ contract, including contract modifications, to implement new FAR guidance and update

IDIQ contract terms and conditions, to maintain IDIQ contract relevance and FAR, DFARS, DAFFARS complaint.

2. Provide advice and guidance to ordering activities regarding 700 CONS IDIQ contract matters, as requested by the ordering activity.

1.3.2 Ordering activity responsibilities:

1. Contact 700 CONS for access to required documents and initial briefing to understand use of KISS MA

IDIQ

2. Complete and return order requirements documents for FOPRs against KISS IDIQ contracts. This includes the following:

a. COR Nomination (when required) – COR must submit nomination through PIEE in order for requirement to be sent for approval

b. Draft Performance Work Statement (PWS)

c. Certified Funding Form 9 (or Tripartite Letter)

d. Independent Government Estimate

e. Other Approvals as applicable i.e. Environmental

3. Submit complete requirements package to 700 CONS

4. Evaluate quotes IAW the ordering guide and agency defined evaluation criteria.

5. Monitor performance (progress reports, schedule, inspections, site visits, and completes the Contractor

Performance Assessment Report (CPARS) as applicable based on task order value).

2.0 Scope

The KISS IDIQ provides base support services contracting solutions for the 86 CEG and geographically separated units. The contract has a maximum value of $175.5M, a task order ceiling limit of $35M and a ten (10) – year ordering period. The guaranteed minimum for each order amount is $1,000.00. The KISS MA IDIQ was executed pursuant to FAR 15 and includes a Performance Work Statement (PWS) with general requirements and deliverables.

The primary NAICS for this IDIQ is:561210, Facilities Support Services. Product Service Code is S216, Facilities Operations Support. The Contractor shall provide all services, materials, equipment, and management, as required in connection with any task orders awarded using the KISS MA IDIQ.

The primary service disciplines integrated under the contracts to provide a total solution to agency needs are:

custodial, grounds, housing maintenance, and total facility maintenance.

Task orders issued on the KISS MA IDIQ cover services that are: commercial, non-commercial, unclassified, and OCONUS. All KISS task orders must be within scope of KISS. The competition requirements in Part 6 and the policies in Subpart 15.3 do not apply to the ordering process.

An initial TO in the amount of €1,000.00, for a post award conference, will be awarded upon execution of each KISS MAC IDIQ Basic Contract. This initial Task Order will satisfy the requirements in AFFARS MP5316.504(a)(2).

2.1 Customers

The 86 CEG along with A8I provide a contracts management team, a project management team which includes Program Managers (PM) and Contracting Officer Representatives (COR) working jointly to ensure all projects are properly managed and executed from cradle to grave. All requirement packages are coordinated through the 86 CES or 86 CEG with the end user before delivery to 700 CONS Civil Engineer Group Flight (PKA).

2.2 Domain Selection

KISS consist of four (4) Domains covering different NAICS codes and size standards. Some contractors won contracts in more than one domain and were awarded separate contracts for each of those domains. The KISS Domains are listed and described in Appendix A for review prior to selecting a NAICS code to assign to each task order.

2.3 Ordering Periods and Lead Times

TOs may be issued throughout this ordering period as new services requirements arise. All lead times on new requirements are dependent upon the availability of funds.

3.0 Requirements Flow

All requirements will be identified, and requirement packages will be developed by 786 CES or 86 CES. PKA will issue FOPRs to each KISS IDIQ contractor within the respective identified domain. FOPR due dates will vary depending on requirement, complexity, and urgency. Award of each TO will be based on established evaluation factors. Evaluation factors may be Lowest Priced Technically Acceptable (LPTA), technical capability, price only, past performance or any combination of evaluation factors agreed upon by the CO and 86 CEG based on the project’s scope and complexity. The contractor shall furnish all materials, equipment, and personnel necessary to perform, manage, and accomplish each TO.

3.1 Ordering Guidelines

Services will be procured with the award of task orders issued against the basic Indefinite Delivery, Indefinite Quantity Multiple Award contract.

All contractors will have a fair opportunity to be considered for each TO under their awarded domain in excess of the micro-purchase threshold. The Contract Specialist (CS) or CO will furnish the work requirements to all KISS contractors via email. All contractors will be invited to attend the site visit. Thereafter, each contractor may submit a proposal, in English, in accordance with timelines set forth in the FOPR for evaluation by the US Government. Contractors are not required to submit a proposal in response to the FOPR. However, if contractors do not plan to submit a proposal, contractors are required to contact the CO or Contracting Office in writing, prior to the proposal due date/time.

Each FOPR will result in a written TO, issued on Department of Defense (DD) Form 1155 (Order for Supplies or Services) to the contractor by the CO. Each TO will cite an individual Procurement Instrument Identifier (PIID) specific to one of the KISS contracts.

TOs will be firm-fixed price or cost reimbursable and clearly define the specific work required or performance desired as outlined in the PWS. TOs may ONLY be modified by the CO and issued on Standard Form (SF) 30.

a. Initial Task Orders. Each awardee will receive an initial task order for the contract minimum of €1000 to cover the expense of attendance at the post award conference. The Post Award Conference (PAC) will be conducted approximately 30 days following contract award and will be held at Ramstein AFB, Germany. The Government will provide the PAC dates, format, and agenda within approximately two (2) weeks of contract award. The Government will not pay any additional costs incurred above this amount.

1) The first day of the PAC will be required attendance for up to three (3) contractor management staff. It will focus on the contract terms and conditions. At the request of the awardee, the Contracting Officer (CO) may approve additional attendees, at no cost to the Government, if space is available.

2) The second day of the PAC will be optional and used for individual discussions with awardees.

b. Subsequent Task Orders. The Government may order additional services, up to the stated contract maximum value, throughout the period of this contract.

Task Order competition and task order process. Subsequent task orders will be issued through a process including a FOPR; proposal submission; proposal evaluation; legal review (if applicable); contract clearance (if applicable);

and award.

3.2 Payments

The contractor shall submit requests for payments per the Defense Federal Acquisition Regulation (DFARS) Clause 252.232-7006, Wide Area Workflow Payment Instructions specified in each TO. FAR 252.211-11, Liquidated Damages-Supplies, Services, or Research and Development may be incorporated in TO FOPRs. All invoice amounts will be reflected in Euros or payment processing may be delayed.

4.0 Fair Opportunity Proposal Request (FOPR)

a. A FOPR will be issued as a result of an identified requirement from 786 CES or 86 CES. The ordering CO will initiate the FOPR process by sending:

1) A FOPR package to the KISS IDIQ holders following FAR 16.505.

2) An email of the FOPR package to the Program Manager.

b. Each FOPR outlines the basic requirement information to include, but not limited to, project title, PWS, estimated Period of Performance (PoP), deliverables, and proposal due date. In addition, the FOPR includes site visit information, instructions to offerors, evaluation criteria and method of evaluation, along with any attachments (PWS, deliverables) and mandatory provisions and clauses required by the FAR.

c. The contractor is not authorized at any time to commence Task Order performance prior to issuance of a signed TO or other written approval provided by the Contracting Officer.

d. 700 CONS, 786 CES and 86 CES are responsible for inspection and acceptance of all requirements as specified in the KISS MA IDIQ. However, all program correspondence and deliverables should be sent to the specific Contract Specialist, Contracting Officer, and Contracting Officer Representative (COR).

e. FOPRs will indicate funds availability. The US Government may solicit proposals for requirements which funds are not certified or readily available and provide no assurance that a TO will be issued.

4.1 FOPR Package

a. In addition to the information required by FAR 16.505(a)(7), all task order solicitations shall be (FOPRs) and shall provide the following information at a minimum:

1) Domain Being Solicited

2) Requirement Statement of Work/Performance Work Statement

3) Type of Services (Commercial or Non-Commercial)

4) Contract Line-Item Information (CLIN Structure)

5) Evaluation Factors

6) Source Selection Methodology

7) Contract Type(s)

8) Period of Performance

9) Place of Performance

10) Proposal Due Date and name/email address of POC, to submit proposal

11) Proposal Instructions

12) Work Schedule

13) Base duty hours

14) Identification of liquidated damages rate, if applicable

15) Identification of Government furnished property/equipment available, if applicable

16) Whether Criminal History Background Check (CHBC) is required

17) If position is considered – Mission Essential

18) Other Pertinent Information (for example: agency specific clauses, optional clauses, planned closures, base-related restrictions etc)

b. The FOPR package will also consist of the following documents, at a minimum:

1) Bid schedule and/or;

2) Pricing worksheet requesting the fully burdened hourly rates and bare rates for each labor category.

c. KISS MA IDIQ basic contract section I establishes that all Applicable and Required provisions/clauses set forth in FAR 52.301 automatically flow down to all KISS task orders, based on their specific contract type (e.g.

cost, fixed price etc), statement of work, competition requirements, commercial or not commercial, and dollar value as of the date the task order solicitation is issued.

However, the OCO must identify in the task order solicitation whether FAR Part 12 commercial clauses/provisions apply or do not apply. Furthermore, the OCO must identify any Optional, and/or Agency-Specific provisions/clauses for each individual task order solicitation and subsequent award. For Optional and/or Agency-Specific provisions/clauses, the OCO must provide the provision/clause number, title, date, and fill-in information (if any), as of the date the task order solicitation is issued.

4.2 Submission of Task Order Proposal

a. Upon establishment of the scope of the individual requirement, the contractor shall then prepare their technical proposal and/or 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.).

b. All Contractors are highly encouraged to submit a proposal for every FOPR under this contract. At a minimum, each Contractor shall propose on 90% of FOPRs.

c. 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 the concerns about the FOPR requirement. Should the requirement be validated, the ordering CO may reissue the FOPR package

d. Upon establishment of the scope of the individual requirement, the contractor shall then prepare their technical proposal and/or 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.).

e. The Contractor’s proposal shall be submitted to the ordering CO on or before the time and date specified in the FOPR letter. Pricing on task order proposals shall be valid for 90 calendar days after the required submission date. The Contractor’s proposal shall include the following information as well as any additional information, requested in the FOPR package:

1) Technical and managerial approach for meeting the requirements of the statement of work or performance work statement.

2) Pricing for each CLIN specified in the FOPR package.

3) Contractors may be required to submit past performance information on subsequent orders in response to a FOPR.

4.3 Proposal Evaluation Process

Proposals will be evaluated using Lowest Priced Technically Acceptable (LPTA) evaluation methods to make an award that is most advantageous to the Government. Award will be made to the proposal which is technically acceptable and whose price is complete, reasonable, and whose Contractor is found to be responsible for award. The following evaluation factors will be used in awarding a task order award:

a. Technical acceptability: The Government will review the Contractors proposed technical and managerial approach to verify it will result in successful contract performance.

b. Price: The proposed price of the order proposal will be evaluated using pricing analysis described in FAR 15.404(b). The following will be used in evaluating prices proposed to ensure the price is fair and reasonable:

1) COMPLETENESS: All price information requested by the FOPR has been submitted, to include option period pricing when applicable.

2) REASONABLENESS: The degree to which the proposed prices compare to the prices a reasonably prudent person would expect to incur for the same or similar services. When required, The hourly wages will be examined to identify unbalanced pricing because of unusually low-price estimates, understatements of prices, inconsistent pricing patterns, or potential misunderstandings of the task order requirements.

3) Options: When the task order is projected to include option years, the Government will evaluate task order proposals in accordance with FAR 52.217-5, Evaluation of Options.

c. Past Performance: If evaluated, as determined by the ordering CO.

Evaluation criteria consist of any information the US Government requests in response to the FOPR and should be the minimum necessary to verify the offerors’ understanding of the requirement and enable the US Government to determine the best value offer in a timely manner. The US Government evaluation team may use a streamlined evaluation method such as plusses and minuses(+ & -), narrative statements, acceptable/unacceptable or pass/fail designations. Evaluation factors will vary depending on the requirements uniqueness and/or complexity. Other non-price factors that may be evaluated are:

1. Ability to meet schedule requirements

2. Cost/Price data and justifications in the format specified in the FOPR

3. The contractor’s technical understanding of the work

4. The most efficient and effective plan to accomplish the work

5. The contractors Staffing/Management Approach

6. The contractors method of maintaining quality control

7. The contractor’s method of phase-in/transition

8. Rationale for proposed materials, type, and quantity

9. Past Performance (in limited acquisitions)

The US Government reserves the right to conduct interchanges with one, some or all offerors during the evaluation. Unsuccessful award notices will be issued to respective contractor(s) within three business (3) days after the date of task order award.

4.4 Order Process

Once the ordering CO determines affirmative responsibility of the Contractor offering a technically acceptable proposal, the offeror proposing the lowest evaluated price will win the task order.

4.5 Notice to Proceed.

All contractors shall physically start work IAW the timelines established in the order

4.6 Technical Proposals

Technical capability is evaluated on the contractor’s ability to meet the Government’s requirement and mitigate risks. Proposals should offer the best understood solution, approach, and management of the requirement. FOPRs may request proposals to include a variety of written technical manuals, information, specifications documentation, management plans, etc., to be evaluated. Technical proposals are rated on an “acceptable” or “unacceptable” basis.

To streamline, technical evaluation may be limited to lowest prices proposals only.

**The Government may include additional evaluation factors at its sole discretion. If this occurs, Evaluation

Instructions and Criteria will be provided at FOPR release** Technical will be rated on an acceptable or unacceptable basis using the ratings in Table 1 below:

Table 1. Technical Acceptable/Unacceptable Rating Method

Adjectival Rating Description Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements of the solicitation.

Unacceptable Proposal does not meet requirements of the solicitation and, thus, contains one or more deficiencies and is unawardable.

**Any vendor that receives a Marginal or Unacceptable rating will not be further evaluated, will be informed in writing by the Contracting Officer, and be removed from competition for the particular task order.**

4.7 Gate Criteria.

Criteria that can result in a simple “pass/fail” evaluation may be utilized as an evaluation criteria when in the best interest of the Government. Examples include minimum commercial/industry certifications, licenses, and approvals on a federal or international level.

4.8 Past Performance

The CO reserves the right to evaluate past performance as an evaluation factor when in the best interest of the AF.

Past performance evaluations will be limited to contractor performance within the basic IDIQ IAW FAR 16.505(b)(1)(v)(A)(1).

Past performance (when applicable) shall be used as an evaluation factor within the LPTA process. Past performance will be rated on an acceptable or unacceptable basis using the ratings in Table 2 below:

Table 2. Past Performance Acceptable/Unacceptable Rating Method

Adjectival Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (see note above).

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

4.9 Cost/Price

Cost/Price shall always be an evaluation factor for award. If cost/price is the only evaluated factor, no additional evaluation factors will be established and outlined in the FOPR. Price will be determined fair and reasonable and is normally accomplished when competition is established. Comparison of the proposed prices is the primary method of price analysis and shall be documented by the CO prior to making a contract award. Other methods of cost/price analysis will be used, if necessary, as dete rmined by the CO.

Cost Proposals. A written cost proposal will always be required for cost orders, and may be required for orders that are fixed price. This part of the proposal shall include detailed cost/price amounts of all resources required to accomplish the task, (i.e. labor hours, rates, travel, incidental equipment, etc.). The level of detail required shall be primarily based on the contract type planned for use, as further discussed below. The below instructions may normally be the ones which apply to TO/DO proposals, however, these instructions may be tailored in individual FOPRs, if so desired by the Government. Cost/price proposals shall include, as a minimum, a complete Contractor Work Breakdown Structure (CWBS), which coincides with the detailed technical approach; and provides all information as specified in the FOPR. Cost-reimbursement proposals shall be submitted in accordance with FAR 52.215-21 - Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data.

Price Proposal. Information other than cost and pricing data maybe required at the TO/DO level for fixed price orders. No detailed price information will be submitted if not required by the TO/DO.

4.10 Task order duration

Task orders must be solicited and awarded prior to the KISS MAC term expiring. Task order option periods may be exercised after the KISS MAC term expires as long as the final task order option period does not extend beyond 5 years after the expiration of the KISS MAC term. The KISS MAC contracts will expire on September XX, 2035

- no extensions are available. After the KISS MAC contracts terms expire, the OASIS contracts will remain active for administration only. The KISS MAC contracts shall govern the terms and conditions of active task orders to the same extent as if they were completed during the KISS MAC term.

4.11 Interchanges

Interchanges are the fluid exchange of information between the Contracting Officer and Offerors during the ordering process. Interchanges may address any aspect of the proposal: technical, cost/price, past performance, contract documentation, and/or any matter in the evaluation process.

The contracting officer has the discretion to employ different methods of Interchanges, as detailed above in the Definition, or choose not to engage in Interchanges at all. Whatever method of Interchanges is selected, the ordering procedures should detail whether USAF intends to engage in Interchanges, and how Interchanges will be conducted.

4.11 Quality Control Plan

The contractor must submit a Quality Control Plan (QCP) within thirty (30) days of the KISS IDIQ award or On-Ramping unless otherwise stated in each task order.

4.12 Contract Performance Assessment Report System (CPARS)

The US Government (700 CONS) is the Assessing Official and will prepare the contractor evaluation and annual CPARS for respective projects. The contractor has sixty (60) days from receiving the assessment to concur or non-concur. The Inspector will monitor contractor performance and progress in accordance with the terms and conditions of the TO and all annotations will be taken into consideration on the CPARS. The CPARS focal point is responsible for reporting timelines and overall transparency of the assessment reporting tool.

4.13 Resolution of Issues

In the event issues pertaining to a proposed FOPR cannot be resolved to the satisfaction of the CO, the CO reserves the right to withdraw and cancel the proposed FOPR. In such event, the contractor shall be notified in writing of the CO's decision. This decision is final and conclusive and shall not be subject to the "Disputes" clause or the "Contract Disputes Act."

4.14 Issuance

Awarded TO/DOs may be issued by e-mail, regular mail or facsimile. It is anticipated that all awarded TO/DOs will be issued electronically. If mailed, a TO/DO is considered "issued" when the Government deposits the order in the mail.

4.15 Unauthorized Work

The contractor is not authorized at any time to commence TO/DO performance prior to issuance of a signed TO/DO or other written approval provided by the CO to begin work.

4.16 Funding Restrictions

No unfunded TO/DOs are allowed; TO/DOs may be incrementally funded in accordance with FAR and other agency funding restrictions. The CO for each order is responsible for closing out the contract action that they issue. Notification that a closeout of an order is complete must be provided to the CO once accomplished. The contractor shall work in partnership with the Government to closeout orders as soon as possible after they are physically complete by using the "Quick Closeout” procedures described in FAR 42.708 as much as practical. In accordance with Section 1427(b) of Public Law 108-136 a protest is not authorized in connection with the issuance or proposed issuance of an individual TO/DO except a protest on the grounds that the order increases the scope, period, or maximum value of the contract under which the order is issued; or a protest of an order valued in excess of $25 million.

5.0 On/Off-Ramping Procedures

1. This provision prescribes the process by which the Government will ensure an adequate number of awardees are available at all times to achieve effective competition on all TOs. The Government intends to maintain a pool of contractors with a proven track record for competing on and then delivering quality services. The Government reserves the right to “on-ramp” additional contractors during the life of this IDIQ contract by awarding new IDIQ contracts under this MAC. Awardee Participation: Awardees must participate in TO competitions and provide proposals for ALL FOPRs and, if successful, deliver quality projects on time. Contractors shall submit proposals in response to at least 90% of all Fair Opportunity Proposal Requests (FOPRs) for their domain within each 12-month period, which resets on the anniversary of the KISS IDIQ award. This allows and encourages contractors to make prudent decisions based on their existing commitment and current workload, while ensuring adequate competition exists for all FOPRs. If for any reason an awardee cannot provide a proposal for a FOPR, the awardee shall provide written notice to the CO or Contracting Office of the reason(s) for non-participation prior to the proposal due date/time. Based on the Offeror’s justification and request for exemption, the CO may make a determination to exempt the Contractor from participating in the FOPR. The Contractor will be notified in writing of the determination. Participation will be tracked and monitored by Government personnel; failures by KISS contractors to participate in FOPRs may result in the Government off-ramping their contract. If contractors are off- ramped or the option to extend the term of their contract is not exercised, they will be excluded from further competition.

2. Replacing KISS Contractors (On-Ramp): Should one (1) or more of the incumbent KISS contractors be removed from the initial KISS award, or should the Government exercise the right to on-ramp additional contractors. The Government will reopen competition utilizing the evaluation criteria of the initial solicitation at any time during the term of the contract to add additional contractors to the original pool of awardees. The Offeror selected to be on-ramped will be the most highly rated Offeror in the pool as determined by the integrated assessment. The addition of other contractors, however, will not extend the overall term of the contract beyond the original ten (10) year ordering period. When reopening competition, the Government will advertise on sam.gov and conduct a full and open competition. Once a new awardee is selected, that awardee will be included in the respective domain and it will compete for future orders in the awarded domain. The ordering period for new contractors being added to the respective domain will coincide with the remaining ordering period available for initial awardees and shall not extend the overall term of the contract beyond the original ordering performance period nor shall it reestablish the contract base period. If a Contractor (prime or subcontractor) previously proposed on a domain(s) and was unsuccessful, they cannot propose to be a prime or subcontractor on the KISS IDIQ again for the same domain(s). No exemptions. The “on-ramp” contractor(s) may be offered a bi-lateral IDIQ contract with the original guaranteed minimum of €1,000.00 and allowed to compete on future TOs.

3. Annual Performance Review (Off-Ramp): At least annually, throughout the lifetime of the KISS MA IDIQ, the Government will evaluate each awardees’ participation rate, reason(s) for non-participation, and CPARS performance evaluations for TOs completed or in progress.

4. An awardee with a Satisfactory performance record who is compliant with Awardee Participation, and remains active in SAM, will remain in the competition pool. Failure to participate in good faith in FOPRs, determinations of poor performance, and/or a TO performance assessment rating of Marginal or Unsatisfactory under the CPARS rating system may result in the awardee being off-ramped from the KISS MAC. An off-ramp decision results in contractor removal from the KISS MAC competition pool and the Contractor will no longer be allowed to participate in FOPRs under the KISS MAC. Poor performance includes: missing milestones and deadlines, not performing IAW proposal/PWS, misconduct of employees, poor quality of deliverables, uncleared personnel, etc. Poor performance determinations are at the sole discretion of the Government. **Any notices of removal will be provided in writing to the Contractor from the CO**

6.0 Appendices

1. Appendix A – Domains