DRAFT_Solicitation - FA301621R0017.pdf

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

DRAFT

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

FA301621R0017

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

JBSA Projects.

Medium Complexity, Design-Build, and Design-Bid-Build General construction category to include maintenance, repair, alteration, mechanical, electrical, heating /air conditioning, demolition, painting, paving, and earthwork across all of Joint Base San Antonio (JBSA), Texas, including Lackland, Ft. Sam Houston, Randolph, Camp Bullis, Canyon Lake, Seguin Auxiliary Field, Medina Annex (Chapman Annex), Port Annex, Kelly Field Annex, Medical Center Annex and Grayson Street Annex.

Program Code: C2 Firm Fixed Price

1 Lot

Laughlin AFB Projects.

Medium Complexity, Design-Build, and Design-Bid-Build General construction category to include maintenance, repair, alteration, mechanical, electrical, heating /air conditioning, demolition, painting, paving, and earthwork across all of Laughlin AFB.

Acquisition Program Unique Identifier

(APUID): 000

Firm Fixed Price

1 Lot

Goodfellow AFB Projects.

Medium Complexity, Design-Build, and Design-Bid-Build General construction category to include maintenance, repair, alteration, mechanical, electrical, heating /air conditioning, demolition, painting, paving, and earthwork across all of Laughlin AFB.

Acquisition Program Unique Identifier

(APUID): 000

Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

Requirements GENERAL This requirement is for the Multiple Award Construction Contract (MACC), Indefinite-Quantity Indefinite-Quantity (IDIQ) for Joint Base San Antonio, (JBSA) as contemplated by FAR 16.504; this includes decentralized task order services for Laughlin AFB and Goodfellow AFB. a) The Statement of Work (SOW) dated 20 Aug 2020 establishes the general requirements for the performance of the various services required under the contract. b) Individual Task Orders (TO) issued under this program will identify specific requirements and supplement any Division I specifications as applicable. The contractor shall obtain the necessary permits, licenses, and approvals from all local, State and Federal authorities as necessary for the performance of the individual TOs. c) Bid Guarantee and bond requirements will be specified individually at the Task Order. d) The rules and regulations of the installation where services are performed shall apply to the contractor and his employees while on the premises of such installation. These regulations include but are not limited to presenting valid identification for base entrance, obtaining and using vehicle passes for all contractor-owned and/or privately owned vehicles, obeying all posted directives, and providing strict adherence to security police direction in instances where security police have been dispatched to a particular location.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-12 Inspection of Construction. 1996-08 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements. 1996-08

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. 2012-04

0001 Inspection and Acceptance Location Both Destination Instructions: Inspection and Acceptance instructions will be listed at the TO level.

DoDAAC: FA3016 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA3016 502 CONS CL

CP 210-671-3617

1655 SELFRIDGE AVE BLDG 5450

JBSA LACKLAND, TX 78236 5286

UNITED STATES

OfficeCode:

Andrew S. Sorensen Telephone: (210) 671-0644 Email: andrew.sorensen.1@us.af.mil

0002 Inspection and Acceptance Location Both Destination Instructions: Inspection and Acceptance instructions will be listed at the TO level.

DoDAAC: FA3016 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA3016 502 CONS CL

CP 210-671-3617

1655 SELFRIDGE AVE BLDG 5450

JBSA LACKLAND, TX 78236 5286

UNITED STATES

OfficeCode:

Andrew S. Sorensen Telephone: (210) 671-0644 Email: andrew.sorensen.1@us.af.mil

0003 Inspection and Acceptance Location Both Destination Instructions: Inspection and Acceptance instructions will be listed at the TO level.

DoDAAC: FA3016 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA3016 502 CONS CL

CP 210-671-3617

1655 SELFRIDGE AVE BLDG 5450

JBSA LACKLAND, TX 78236 5286

UNITED STATES

OfficeCode:

Andrew S. Sorensen Email: andrew.sorensen.1@us.af.mil Telephone: (210) 671-0644

Section F - Deliveries or Performance

Period of Performance.

The following period of performance is the estimated 10-year lifecycle of the MACC program. Each Task Order will identify its respective Period of Performance requirements.

Contractor Destination

Delivery Schedule Ship To Address

Place of Performance DoDAAC: FA3016 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA3016 502 CONS CL

CP 210-671-3617

1655 SELFRIDGE AVE BLDG 5450

JBSA LACKLAND, TX 78236 5286

UNITED STATES

OfficeCode:

Andrew S. Sorensen Telephone: (210) 671-0644 Email: andrew.sorensen.1@us.af.mil

Period of Performance From

03 DEC 2021

To

02 DEC 2031

Delivery Schedule Ship To Address

Place of Performance DoDAAC: FA3016 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA3016 502 CONS CL

CP 210-671-3617

1655 SELFRIDGE AVE BLDG 5450

JBSA LACKLAND, TX 78236 5286

UNITED STATES

OfficeCode:

Andrew S. Sorensen Telephone: (210) 671-0644 Email: andrew.sorensen.1@us.af.mil

Period of Performance From

03 DEC 2021

To

02 DEC 2031

Delivery Schedule Ship To Address

Place of Performance DoDAAC: FA3016 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA3016 502 CONS CL

CP 210-671-3617

1655 SELFRIDGE AVE BLDG 5450

JBSA LACKLAND, TX 78236 5286

UNITED STATES

OfficeCode:

Andrew S. Sorensen Telephone: (210) 671-0644 Email: andrew.sorensen.1@us.af.mil

Period of Performance From

03 DEC 2021

To

02 DEC 2031

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.211-18 Variation in Estimated Quantity. 1984-04

DFARS Clauses Incorporated by Full Text

252.247-7023 Transportation of Supplies by Sea. 2019-02

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEA-BASIC (FEB 2019)

(a) Definitions. As used in this clause-

"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items;

construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-

(i) This contract is a construction contract; or

(ii) The supplies being transported are-

(A) Noncommercial items; or

(B) Commercial items that-

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief-

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM DESCRIPTION CONTRACT LINE ITEMS QUANTITY

TOTAL ____ ____ ____

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall-

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

Section G - Contract Administration Data

FUNDING

Funding will be provided at the Task Order level.

a) Unfunded Requirements. Offerors are cautioned that the Government may request proposals with no assurance of funding and provides no assurance that orders will be issued; in the event a TOPR is issued for unfunded requirements a notice to offerors will be included.

b) Non-Appropriated Funds (NAF). Task Orders that make use of NAF will be identified at the TOPR; the NAF GENERAL PROVISIONS and procedures at Section H Special Contracting Procedures will apply to those respective TOs.

c) The following payment instructions are applicable for any task orders issued under this program:

PAYMENT INSTRUCTIONS:

The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the instructions posted at https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.

htm#payment_instructions.

MULTIPLE AWARD CONSTRUCTION AWARD (MACC) IDIQ ORDERING GUIDE

During the ordering period of this IDIQ, the Government will implement the process set forth to develop and issue TOPRs for performance under this IDIQ. The procedures for selecting contractors 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, how Task Order (TOs) will be processed and priced, and how a TO will be awarded.

A. General Information Orders processed under this IDIQ contract will be decentralized meaning installation Contracting Officers (ordering Contracting Officer (CO)) will solicit IDIQ holders for local requirements and administer the resulting orders. Orders may only come from Contracting Officers assigned to Joint Base San Antonio, Laughlin AFB, or Goodfellow AFB to be performed at those installations. Contracting Officers may solicit task order proposal requests (TOPRs) for real property maintenance, repair, alteration construction at Joint Base San Antonio (JBSA) Texas, including Lackland, Ft. Sam Houston, Randolph, Camp Bullis, Canyon Lake, Seguin Auxiliary Field, Medina Annex (Chapman Annex), Port Annex, Kelly Field Annex, Medical Center Annex and Grayson Street Annex.

Each Contractor is required to submit a response/proposal to all TOPRs. Contractors are not obligated to propose on all TOs; however, they are required to contact the Contracting Officer prior to the proposal due date if they cannot participate in the walk through or submit an offer. Failure to provide this notification may impact future consideration for TOPRs or lead to off-ramping from the IDIQ. If a Contractor is below 80% and not submitting a proposal for a TOPR, a brief written statement as to why the Contractor is unable to provide a proposal shall be submitted to the contracting officer. Failure to meet the 80% participation rate will be considered in the Government's evaluation of the Contractor's performance (Note: participation in the performance of Task Orders at Laughlin AFB or Goodfellow AFB will not be counted against the 80% participation requirement).

TOPRs for proposals will indicate funds availability. Orders shall be issued on a Firm-Fixed Price (FFP) basis.

The Contract Line Item Number (CLIN) structure on each order will reflect the FFP for each line item, and must strictly follow the CLIN structure outlined in the IDIQ contract.

If the Contractor believes it was not fairly considered for a particular order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation of the Contracting Officer's decision to the corresponding Ombudsman for the agency. The Ombudsman will review the Contractor's complaint and, in coordination with the Contracting Officer, ensure that the Contractor was afforded a fair opportunity to be considered for a Task Order. The DO ombudsman is responsible for reviewing complaints from multiple award contractors and ensuring that all of the contractors are afforded a fair opportunity to be considered for TOs in excess of $3,500 consistent with procedures in the contract. However, it is not within the designated TO/DO contract ombudsman's authority to prevent the issuance of an order or disturb an existing order. This clause does not guarantee the contractor issuance of any TO above the minimum guarantee stated in the MACC ID/IQ contract.

B. Task Order Procedures As the need exists for performance under the terms of this contract, the Contracting Officer will notify each prime contractor in the Active Pool of an existing requirement with a Task Order Proposal Request (TOPR), unless the Contracting Officer determines that an exception to Fair Opportunity applies. FFP Task Orders will be awarded hereunder within the scope of the terms and conditions and specifications of this contract IAW FAR 16.505, the fair opportunity principles at FAR 16.505(b), and DFARS 216.505. The contractor shall submit a proposal IAW the Task Order SOW or specifications specified by the Contracting Officer in the individual Task Order RFP. The relative importance of selection criteria may vary among task order requirements, and will be identified in each TOPR.

Contractors MAY be ineligible from award on individual Task Orders if prior to TO Award any of the following conditions apply at the Government's discretion:

(a) The Contractor is more than 15% behind schedule on any active Task Orders (barring those that are behind due to acts beyond the contractor's control or negligence).

(b) If the Contractor has unfavorable CPARS rating on any Task Orders within the previous calendar year.

C. Task Order Proposal Request (TOPR) Process Order competition for all future requirements beyond the minimum guarantee Task Order will be initiated by issuance of a Task Order Proposal Request (TOPR). Costs for preparation of proposals and pre-award activities shall be the sole responsibility of the contractor. Contractors will not be reimbursed for attendance during negotiations, site visits, walk-throughs, or any other pre-award activities/expenses.

1. The TOPR will be issued to all awarded contractors under this IDIQ to perform the required Design-Bid Build or Design-Build Construction projects. Terms and conditions of that task order, to include proposal preparation instructions, period of performance, tailored SOW/specifications, and proposal due date will be specified in the TOPR. All contract clauses contained in the IDIQ shall be considered incorporated in each proposal request unless otherwise specified in the TOPR and resultant Task Order. If conflict exist between the contract clauses and the information contained in the TO, the IDIQ language shall take precedence.

2. The TOPR shall include at minimum the following documents:

(a) Description of the specified work required.

(b) Task Order tailored SOW to identify specific requirements and specifications.

(c) Location of the work

(d) Period of Performance.

(e) Maximum proposal response time.

(f) Bonding Requirements

(g) Any other pertinent information for the contractor.

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

(i) All TOPR and resultant TO issued under this contract shall incorporate the clauses contained in the contract. Language incorporated in the contract and contract clauses takes precedence in the event of conflict for clauses incorporated in the TO.

3. All Contractors are highly encouraged to submit a proposal for every TOPR under this contract. 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 Contractors to determine whether there are concerns about the TOPR requirement. Should the requirement be validated, the ordering CO may reissue the TOPR package. After the Government revalidates the TOPR requirement and if only one proposal is received, the ordering CO must follow the procedures at DFARS 215.371.

4. Any questions pertaining to the TOPR package shall be submitted to the ordering CO in writing within three (3) business days of TOPR issuance date. In the event issues pertaining to a TOPR package cannot be resolved to the satisfaction of the ordering CO, the ordering CO reserves the right to withdraw or cancel the proposed TOPR package. In such event, Contractors will be notified, via letter or email, of the ordering CO's decision, and the decision shall be final and conclusive and shall not be subject to the "Disputes" clause or the "Contract Disputes Act".

5. The Contractor's proposal shall be submitted to the ordering CO on or before the time and date specified in the TOPR letter.

D. Pricing of Task Orders The Contractor's proposal shall be submitted to the ordering CO on or before the time and date specified in the TOPR letter.

1. Pricing on task order proposals shall be valid for 120 calendar days after the required submission date unless otherwise noted in the TOPR. Task Orders that exceed the threshold at 15.403-4 are subject to Certified Cost or Pricing Data. Other than certified cost or pricing data will be required to support all other proposals.

2. Task Order Proposals. Proposal shall include one electronic copy in Microsoft Excel using the TOPR Construction Cost Estimate Breakdown Template, (Attachment 4) identified in the ordering guide to lend themselves for review and analyses by the Government. Therefore, the Excel spreadsheets must not be submitted in Portable Document Format (PDF) or with locked spreadsheet cells.

(a) For task order requiring design efforts (i.e. Design-Build requirements), the price for fee for the production and delivery of designs, plans, drawings, and specifications 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).

(b) Each cost proposal shall be based upon individual Line items derived from the RS MEANS catalog based on National Total Bare Cost (which excludes RS Means overhead and profit) of material, labor and equipment as shown in Attachment 5 in Section J.

(c) The Contractor shall be required to use the latest version of RSMeans Facilities Construction Cost Data Book for all cost estimates. Not using the required latest version of RSMeans Facilities Construction Cost Data Book for all cost estimates and/or not correctly utilizing bare costs line items with the application of rates on the back end may result in off ramping of the active contract holder.

(d) Once all applicable UPB line items are determined they will be listed with any Non-priced items (NPI) and multiplied by quantities to be installed. Contractor cost proposals shall be broken down by bare cost for the divisions of work with City Cost Index Adjustment and mark ups listed as separate line items at the end of the cost proposal.

(e) If the contractor's proposal includes any non-priced items, the burden of justification for the dollar value of the NPI falls on the Contractor, who must provide documentation from three (3) independent sources of the actual installed cost of the item, including the material(s) description with unit price and installation cost. The price quotes must be submitted on the supplier's letterhead and be signed by the owner or authorized representative of the company. Non-Priced Items must not exceed 10% of the total price.

E. Task Order Evaluation Upon receipt of the contractors' proposals, the Government will evaluate the proposals for completeness and reasonableness utilizing the evaluation procedures outlined in the TOPR. The contracting officer may exercise broad discretion in developing appropriate order placement and evaluation procedures. Task Orders may be awarded after evaluation on price, best value, past performance, Tradeoffs process, Lowest Price Technically Acceptable (LPTA) process, VATEP process, or any other evaluation process basis identified in the TOPR depending on the unique requirements of each Task Order.

1. The Contracting Officer issuing the Task Order has full discretion to include various evaluation factors and relative weights in addition to price or cost such as (but not limited to):

(a) Past Performance - Task Order past performance or prior past performance on other contracts in the absence of recent Task Order past performance.

(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 capacity and 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.

2. The past performance assessment for all Contractors will be considered as SATISFACTORY for the first six (6) months of performance to allow the Government to build a past performance record on this contract. On month seven (7) of the contract and thereafter, the Contracting Officer may rely on information available on contractors' past performance record of the Contractor in previous task orders under this contract and any information available from other sources such as Contractor Performance Assessment Reporting System (CPARS) and the Past Performance Information Retrieval System (PPIRS), or references from other Contracting Officers.

3. 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. Cost/price proposals shall include, as a minimum, a complete Contractor Work Breakdown Structure (CWBS), which coincides with the detailed technical level of effort to complete the task order; and provides all information as specified in the TOPR.

Information other than cost and pricing data maybe required at the TO level for fixed price orders. No detailed price information will be submitted if not required by the TO. The proposed price on the task order proposal will be evaluated using pricing analysis described in FAR 15.404. The following will be used in evaluating prices proposed to ensure the price is fair and reasonable:

(a) COMPLETENESS. All price information required by the TOPR has been submitted, to include option period pricing when applicable.

(b) 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. 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.

F. Interchanges The Contracting Officer will evaluate the proposal(s) in response to the TOPR and may enter into Interchanges as necessary to reach an award or fair and reasonable price determination. Interchanges are fluid interactions between the Contracting Officer and the offeror(s) that may address any aspect of the proposal and may or may not be documented in real time. Interchanges may address all aspects of the proposal: technical, cost/price, past performance, contract documentation, and/or any other matter in the evaluation process and while not required may be conducted with all, some, or none of the offerors at the discretion of the Contracting Officer.

The Contracting Officer will have discretionary authority on format and method to hold interchanges.

Interchanges may be written as Interchange Notices (INs), which would accurately capture the contemporaneous sharing of information between the Government and the Offerors; or may also be oral conversations between the Government and the Offeror(s) captured later in a finalized Interchange Record.

G. Task Order Issuance Contracting Officers are the only individuals authorized to issue orders Task Order (TO) and to provide written confirmation of oral orders under this contract. Award will only be made upon receipt of certified funds; unless specifically authorized by the Contracting Officer, the contractor shall not commence performance or incur in any costs until a fully executed task order is issued. Consequently the Government is not obligated to reimburse the contractor for any work or any costs incurred nor is the contractor expected or obligated to perform or make any deliverables unless directed by issuance of a task order.

1. Only a Contracting Officer from 502 CONS, Laughlin AFB, or Goodfellow AFB may issue TOs to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the Specifications.

2. TOs will be issued using the DD 1155. Orders may be issued electronically via e-mail, regular mail, telephone, facsimile, or other authorized electronic means. The Contracting Officer is authorized to issue orders and provide written confirmation of oral orders, if applicable, under the contract.

3. Unless specifically authorized by the Contracting Officer, the Contractor shall not commence work until a fully executed Task Order has been awarded and a notice to proceed has been issued. The Contracting Officer will issue a TO that will include at minimum the following documentation:

(a) TO effective date.

(b) Tailored SOW, including any applicable specifications and Contract Data Requirements List (CDRLs).

(c) Government Furnished Property, material, equipment, and/or information available for the performance of this TO.

(d) TO award amount.

(e) Period of Performance.

(f) Liquidated Damages if applicable.

(g) Project Manager and any other technical points of contact for the TO.

(h) Any other pertinent information required/requested for the performance of the TO.

4. Contracting Officers reserve the right to negotiate or direct accelerated performance periods at the individual Task Order level. Task Order Period of Performance (POP) shall be determined at the individual Task Order level.

H. Task Order Administrative Authority The Contracting Officer (CO) 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 CO.

1. In the event the contractor effects any such changes at the direction of any person other than the CO, 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.

2. Modifications to TOs will be issued on Standard Form (SF) 30.

I. Task Order Performance Upon receipt of the TO, the designated Project Manager shall be responsible for the prosecution of the TO and shall be the POC for the Government's Project Manager.

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

(a) All subcontracted effort over $2,500 shall be competed, unless published price lists are available and included with the proposal (i.e. equipment rental). In rare instances, if subcontractor competition cannot be obtained, the Prime Contractor shall ensure enough information is provided in the proposal for the Government to thoroughly evaluate the level of effort of subcontracted work (labor, equipment, materials, overhead, and profit) for the Government.

(b) Task Orders that require specialty trades that are associated with engineering services, but that do not require a Professional Engineer to 'stamp' a final product, are authorized to be subcontracted. If the final product requires an Engineering stamp or certification, the inspections can be subcontracted, so long as the Prime Contractor or its Teaming Partner provides the appropriate 'stamp' or certification.

2. Contractors shall be required to furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, limited design if applicable, taxes (local, state and federal) and all other associated costs necessary to fulfill the requirement specified in each TOPR.

3. Sub-contractors shall be identified to the Contracting Officer through a completed SF1413-Statement and Acknowledgement in accordance with FAR Clause 52.222-11-Subcontracts (Labor Standards). The SF 1413 shall be submitted at or prior to the pre-construction meeting. The Contractor is solely responsible for updating the Government via SF 1413 when/if a new subcontractor will work on the MACC Program. The form can be found at the following link:

https://www.gsa.gov/portal/forms/download/115794

The Notice to Proceed (NTP) will not be issued until a SF 1413 is properly submitted.

4. No construction, alteration, or repair (including painting and decorating) of public buildings or public works shall be performed under this contract without the utilization of qualified persons/licensed mechanics, or certified technicians who meet the requirements of the work to be performed and accepted.

5. Construction Wage Rate Requirements formerly known as the Davis-Bacon Act shall be applied at the TO level for all requirements above $2,000.00. Contractors are hereby given notice that up-to-date Wage Determinations may be found online at the following link:

https://wdolhome.sam.gov/

6. The Contractor shall normally perform tasks during the standard working period of 7:30 a.m. to 4:30 p.m.

Monday through Friday, Federal Holidays excepted unless otherwise noted in the Statement of Work or Specifications. The Contractor may elect, at his option, to work hours other than normal duty hours provided that the requirement is submitted in writing at least 72 hours in advance and the Contracting Officer approves the request.

(a) All contractor requests for other than standard working hours shall be at no additional cost to the government, unless specified differently in the TOPR. In the event of a discrepancy about standard working period between the IDIQ and Task Order, the IDIQ language shall take precedence.

(b) Non-standard working hours are defined as the period from 4:31 p.m. to 7:29 a.m. Monday through Friday, as well as weekends and Federal Holidays. Items of work to be accomplished during non-standard hours shall be clearly identified in contractor cost proposals, including justification for the request.

7. Select Government facilities and areas have been designated as restricted or controlled areas, for security purposes, requiring special procedures for entering, exiting, or operations within those areas. Any such areas within the scope of a task order issued against the basic contract will be clearly identified in the Government statement of work/specifications in the TOPR. All work inside restricted/controlled area(s) is inherently subject to brief delays due to security processing, as well as interruptions to the normal work schedule to protect mission essential operations.

Delays/interruptions within these areas are considered an inherent element of work, and shall be factored into the initial proposal for work in select security areas. Specific items of work to be accomplished in select security areas will be clearly identified in contractor technical/cost proposals, indicating justification for the request.

8. Select Government facilities and areas have been designated as Medical, requiring special procedures for entering, exiting, or operations within those areas. Any such areas within the scope of a task order issued against the basic contract will be clearly identified in the Government statement of work/specifications. All work in these facilities is inherently subject to brief delays due to processing, as well as interruptions to the normal work schedule to protect essential operations. Delays, interruptions, and special requirements within these areas are considered an inherent element of work, and shall be factored into the initial proposal for work in medical facilities.

J. Protest In accordance with FAR 16.505(a)(10)(i) and (ii) no protest under 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 16.505(a)(10(i)(B) may only be filed with the Government Accountability Office, in accordance with the procedures at 33.104.

K. Evaluation of Contractor Performance.

At the conclusion of each full year of this contract and upon completion of each task order equal to or greater than $750,000, or any reflected change as noted in FAR 42.105(e), the Contracting Officer will complete a Contractor Performance Evaluation Report (CPAR) taking into account all aspects of the Contractor's performance for input into the CPAR system or internal database as appropriate. Contractors will be provided a copy of the evaluation and afforded the opportunity to comment. The Contracting Officer may submit a performance evaluation report for orders under CPARS threshold in FAR 42.105(e). Negative performance evaluations may result in off ramping of an active contract holder.

Contractors are required to designate a point of contact (POC) to receive notification of performance evaluations for the MACC program and subsequent TOs. The POC must maintain a current email address on file with the Contracting Officer. Contracting Officers must be notified of any changes to the POC. All active IDIQ contract holders are required to attend an annual Program Management Review (PMR). The PMR is designed to enhance contractor performance and address issues. Some areas that may be discussed are compliance with statutes, regulations and policies; structure, processes and practices of the contractors as they relate to meeting Task Order requirements; and factors that enable or hinder success.

L. Small Business Status All MACC IDIQ active and inactive contract holders shall be required to recertify their small business status within 60 to 120 calendar days prior to the end of the fifth year of this contract

M. 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 switching a qualified active contract holder to inactive status, therefore removing the ability to compete under the fair opportunity process. Once off ramped, contractors will be completely removed from the MACC Program and will no longer be eligible to compete for future Task Order awards. If an active contractor is off ramped, an inactive contractor may be on ramped.

Contract holders are expected, in good faith, to participate in task order competitions, and if successful, to deliver quality projects on schedule and at cost, to include management and supervision of subcontractors. If, for any reason, a contractor cannot participate in a competition, the contractor shall provide written notice of the reason(s) for non-participation prior to the proposal due date. Before the exercise of any option period(s), the Government will evaluate the participation rates, reason(s) for non-participation and performance evaluations for task orders completed or in effect. Failure to participate in good faith and/or an overall performance CPAR Rating of Marginal or Unsatisfactory may result in the contractor being off-ramped from the MACC IDIQ program.

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 task order.

N. On Ramp Procedures

The Government reserves the right to on ramp inactive contractors 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 basic contract holder from inactive status to active status. No offeror outside the MACC Program pool of contractors will be allowed to be on ramped. If it becomes necessary to on ramp an IDIQ contract holder to replace an off ramped contractor, the Government will replace the off ramped contractor with the next highest rated offeror amongst the inactive pool.

To make an on ramped contract active, the Government will give the on ramped contractor a 30-day notice. The contractor will be required to recertify their small business status and, at the end of the 30 days, the Government will unilaterally modify the basic IDIQ contract changing the Contract Status from "Inactive MACC Program Contract Holder" to "Active MACC Program Contract Holder". No terms or conditions will be changed. The on ramped contractor would then be included in the active IDIQ contract 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 contract holders under this process shall not constitute a basis of contractual adjustment or protest for any active IDIQ contract awardees.

O. 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 a contractor from the pool of active IDIQ contract awardees. The Government, at its sole discretion, reserves the right to off ramp a contractor by enforcing a contract Termination, at no cost to the Government, for the reasons below as applied to the contractor or any of its subcontractors.

(a) Failure to provide competitive proposals for at least 80% of TOPR requests over a twelve month period of performance (It is the responsibility of the contractor 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

The Government will provide a 30-day written notice if it intends to off ramp an IDIQ contractor. However, it is the Government's intent to maintain a strategic relationship with all IDIQ contractors for the duration of the IDIQ ordering period. Off ramping of contractors utilizing the off ramping procedures found in the MACC Program basic contract shall not constitute a basis of contractual adjustment or a claim under the Disputes clause. Additional Procedures to remove a contractor from the pool of active IDIQ contract awardees includes FAR Part 49 for contracts or orders under (Termination for Default, Termination for Convenience of the Government).

(End of Ordering Guide)

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.204-7002 Payment for…