DRAFTAttachment 2 - General Requirements and Provisions.pdf

MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) AVIANO AB

ORDERING PROCEDURES

1. INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ)

1.1. Type of Contract. This is a firm-fixed price, IDIQ contract. Multiple awards shall be made pursuant to FAR 16.504 (c). The contract includes a wide variety of general construction type work. During the contract period, construction requirements will be identified by the Base Civil Engineer (BCE).

1.2. Ceiling Amount. This contract is not restricted by the particular ordering year, the required full contract’s ceiling amount can be utilized immediately after contract award. The ceiling amount for this Multiple Award Construction Contract (MACC) can be executed independent of the contract year.

1.3. Maximum Threshold. The Government anticipates that there will be a maximum estimated cost of $205,300,000.00 for the total ten (10)-year Program Ordering Period. If the Government's requirements 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. Guaranteed Minimum. The guaranteed minimum of work to be ordered under the total life of the contract is $2,500.00 (EURO EQUIVALENT) for each MACC contract awardee. NOTE: Right after release of MACC/IDIQ award(s), task orders to meet the minimum guarantee, will be awarded accordingly.

A Task Order for attendance to the MACC post award orientation training will be issued to each of the MACC Awardees. Each TO will be valued at the guaranteed minimum (Euro equivalent) and will be held at Aviano Air Base, Italy, by the 31st Contracting Squadron in accordance with the terms and conditions of the contract. Each MACC Contractor shall provide personnel (no more than two people) to attend the MACC Post Award Orientation training as will be described in the specific Task Order.

2. TASK ORDER (TO) PLACEMENT PROCEDURES

2.1. Order Placement. Orders will be placed in accordance with the terms and conditions of the contract and FAR 16.505(b), as supplemented. As requirements are identified, the government will issue a Task Order Request for Proposal (TORFP) to all MACC (Multiple Award Construction Contract) awardees, describing the government's requirements, proposal response time, and any additional terms and conditions or additional evaluation criteria.

2.2. Response time. Contractors shall respond within the number of calendar days stated in the TORFP by submitting a proposal to the Contracting Officer in accordance with requirements stated in the TORFP.

Response time will be determined at discretion of the Contracting Officer based on complexity, magnitude and urgency of the requirement.

2.3. Eligibility for TO award. Proposals submitted in response to a TORFP must be in compliance with the terms and conditions of the contract, its attachments, and any attachments to the TORFP. Non-conformance with these instructions may result in rejection of the proposal, an unfavorable proposal evaluation, or being deemed ineligible for award. Proposals shall clearly identify any exception to the terms and conditions and shall provide complete supporting rationale. The Government reserves the right to determine any such exceptions are unacceptable. Any exception determined unacceptable by the Government may result in the Offeror's proposal being determined unacceptable and ineligible for award.

2.4. Interchange Notices. TORFP will result in a firm-fixed-priced TO. The government intends to award a single TO without interchanges; therefore, MACC offerors should propose their best price. However, DRAFT the Government reserves the right to conduct interchanges if deemed in its best interest. Interchanges are fluid interaction(s) between the Contracting officer (CO) and the MACC contractors and may address any aspect of the proposal and may or may not be documented in real time. Interchanges may be conducted using Interchange Notices (IN). Offeror responses to INs will be considered in making the award selection decision. Interchanges may be conducted with one, some or all offerors as the Government is not required to conduct interchanges with any or all contractors responding to a TORFP.

2.5 Task Order Requests for Proposal (TORFP). TORFPs will identify the information below, as applicable:

--Submission requirements --TORFP number, project title, project number, location, point(s) of contact (POCs)

--Whether project is design-build, design-build with partial design provided or construction effort only --Performance time and whether it is mandatory or negotiable --Site visit date --Specifications, statement of work (SOW), and/or statement of objectives (SOO) --Drawings --Magnitude or budgetary amount --Offer acceptance period --Closing date --Pricing schedule --Bonding requirements --Insurance requirements --Warranty requirements --Any project specific liquidated damages --Funding/Authority --Submittal list --Evaluation criteria --Project specific proposal preparation instructions --When notice(s) to proceed will be issued if other than stated in the contract

Late proposals will be handled in accordance with FAR 52.215-1, Instructions to Offerors - Competitive Acquisition. Changes to TORFPs will be accomplished via amendments to the TORFP.

2.6. Bid-Build procedures. Bid-build procedures will normally be used when project specific specifications and/or drawings exist, and the source selection approach will be based on price only unless otherwise noted.

2.7. Design-Build Selection Procedures. If project specific specifications and/or drawings do not exist, Two-Phase Design-Build Selection Procedures will be used. Proposals will require the following, as applicable.

--Preliminary design (15% unless otherwise stated percentage)

--SOW

--Site plan, floor plan, elevation and cross section drawings --Detailed technical approach --Proposed period of performance for design, unless a required period is stated --Proposed period of performance for construction, unless a required period is stated --Design cost --Construction cost broken down by divisions

3. ON OFF RAMPING PROCEDURES

3.1 On/Off-Ramping procedures: The Government intends to maintain a pool of contractors (up to eight

(8) with a proven track record for competing-on and then delivering quality construction projects. The Government reserves the right to remove from the MACC competition pool one or more contractors and consequently evaluate and/or award additional Indefinite Delivery/Indefinite Quantity (IDIQ) construction contracts, should this be in the Government's best interest. The removal from the competition pool will be referred to as “Off ramping”, the addition of new awards will be referred to as “On ramping”: both actions will be performed through the procedures explained below.

3.1.1. Off-Ramping: Awardees must participate in TO competitions and provide response for ALL Task Order Requests for Proposal (TORFPs) and, if successful, deliver quality projects on time.

Contractors shall submit proposals in response to at least 75% of all TORFPs within each 12-month period, which resets on the anniversary of the MACC award. If for any reason an awardee cannot provide a proposal for a TORFP, the awardee shall provide written notice to the Contracting Office of the reason(s) for non-participation prior to the proposal due date/time.

Participation will be tracked and monitored by the Government; failures by MACC contractors to participate in TORFPs (minimum 75% annually) may result in the Government off-ramping.

Throughout the lifetime of the MACC, the Government will evaluate annually each awardees’ Contractor Performance Assessment Reporting System (CPARS) performance evaluations for TOs completed or in progress. An awardee with a Satisfactory performance record will remain in the competition pool. An awardee with a performance assessment rating of Marginal or Unsatisfactory under the CPARS rating system for three (3) Task Orders completed or on-going in a 12-months period, may result in being off-ramped from the MACC.

If throughout the life of the contract the Government discovers any Mafia-related activities or infiltration, the Government will consider it a contract breach and proceed by applying off-ramping procedures.

Lastly, contractors lacking adequate financial resources to perform the task orders, or the ability to obtain them, may result in being off-ramped from the MACC. Possession of current SOA certification, DURF and DURC, as indicated in Section L 3.4.1., is considered by the Government as indicator of financial capability. An off-ramp decision results in contractor removal from the MACC competition pool and will no longer receive TORFPs.

3.1.2. On-Ramping: Should one (1) or more of the incumbent MACC contractors be removed from the initial MACC award, the Government may select new Offeror(s) as an awardee(s). The “on-ramp” contractor(s) will be selected using the same criteria adopted to evaluate the incumbent MACC contractors.

A new solicitation will be issued under the same terms and conditions as those of the current MACC awards, except for the period of performance which will be shorter. For example, if the on-ramping offeror(s) is added after one year of MACC performance, the on-ramp award will have an ordering period of nine (9) years instead of ten (10).

4. PRICING OF LABOR CATEGORIES AND OVERHEAD&PROFIT

4.1 Price redetermination periods. The overall period of the MACC is 10 years with an optional 6-month extension. For the purpose of Labor Categories and Overhead & Profit (OH&P) price redetermination, prices for this contract are divided into successive periods.

The first period shall extend from the date of the contract to the first five-year period (15 September 2026 to 15 September 2031).

The second period shall extend from the end of the first period to the end of the contract, including the optional six-month extension in accordance with clause 52.217-8.

The first day of the second period shall be 16 September 2031.

4.2 Data submission. 90 calendar days prior the end of the first five-year period, Contractors part of the MACC pool shall submit-

(i) prices for the Labor Categories and OH&P for the successive 5-year period plus the optional six-month extension.

(ii) An explanation of the differences between this estimate and the original estimate for the preceding period

(iii) Any other relevant data that the Contracting Officer may reasonably require

4.3 Price redetermination. Upon the Contracting Officer’s receipt of the data required by paragraph 4.2 of this section, the Contracting Officer and the Contractor shall promptly negotiate Labor Categories and OH&P prices to redetermine fair and reasonable prices that will apply in the period following the effective date of price redetermination.

4.4 Contract modifications. Each negotiated redetermination of prices shall be evidenced by a modification to this contract, signed by the Contractor and the Contracting Officer, stating the redetermined prices that apply during the redetermination period.

5. PERIOD OF PERFORMANCE

The period of performance of each TO will be identified in each TORFP, incorporated in clause 52.211-10 Commencement, Prosecution and Completion of Work.

5.1 SEED PROJECT: INSERT THE FOLLOWING IN CLAUSE 52-211-10:

(a) commence work within 30 calendar days

(c) complete the entire work no later than 365 calendar days.

6. PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION:

FAR 52.228-15 Performance and Payment Bonds-Construction (Jun 2020) is modified as follows for TOs issued under the MACC unless specifically indicated in the TORFP:

(b)(1) replace 100 percent with 10 percent (b)(2) Not Applicable (b)(3) replace 100 percent with 10 percent

Duration of the performance bond shall include any extension to the performance period and 2 years warranty after acceptance of the work.

THIS RULE APPLIES TO THE TASK ORDERS ISSUED UNDER THE MACC. HOWEVER, FOR THE

CURRENT SOLICITATION THE OFFERORS ARE REQUIRED TO PROVIDE A WRITTEN

ASSURANCE FROM A FINANCIAL INSTITUTION THAT THE OFFEROR COULD SECURE SUCH

A BOND WHENEVER REQUIRED.

7. INSURANCE AMOUNTS

Insurance amounts shall be determined at the Task Order level depending on Project complexity, magnitude and urgency.

7.1 SEED PROJECT: PROJECT ASHE17-1027 SUSTAIN FAC. 904 THE INSURANCE AMOUNTS ARE

THE FOLLOWING:

Pursuant to contract clause 52.228-5, Insurance-Work on a Government Installation, the following are the kinds and minimum amounts of insurance that are required for performance of this contract.

Employee and third party bodily injury (in addition to the mandatory contractor's country social insurance).

(i) Per Person: EURO 1,000,000.00 Per Occurrence: EURO 2,500,000.00 (for orders valued below $

250,000.00 ) EURO 5,000,000.00 (for orders valued above $ 250,000.00 ).

(ii) Third Party Property Damages, Per Occurrence: EURO 1,500,000.00

Vehicle Liability Insurance in accordance with the mandatory requirements of the contractor's country and those of the European Common Market for work outside of the contractor's country. Insurance policies may be denominated in other than currency of the contractor's country provided the amount is equivalent to those stated above and the insurance policies are valid in the country where work is to be performed.

8. PERFORMANCE OF WORK BY THE CONTRACTOR

Clause FAR 52.236-1 Performance of Work by the Contractor applies to contract valued over $1.5 Million only, and it will be determined at the TO level.

8.1 WITH REFERENCE TO SEED PROJECT ASHE17-1027 SUSTAIN FAC. 904 Clause 52.236-1 IS

APPLICABLE AND THE PERCENTAGE THAT APPLIES IS 12%.

9. FORMS

9.1 PREPARATION OF MATERIAL APPROVAL SUBMITTALS

The submittals contemplated by the clause FAR 52.236-5 entitled "Material and Workmanship" shall be accomplished thought the use of the Material Approval Submittal form. Template will be provided to the contractor upon request.

9.2 PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The reports contemplated by the clause FAR 52.236-15 herein entitled: "Schedules for Construction Contracts" shall be accomplished thought the use of Contract Progress Schedule, and Contract Progress Report forms. Templates will be provided to the contractor upon request.

9.3 CONSTRUCTION COST ESTIMATE BREAKDOWN

Offerors will insert their price proposals in each TORFP Construction Cost Estimate Breakdown.

9.3.1 ATTACHMENT N. 13 SECTION J OF CURRENT REQUEST FOR PROPOSAL ENTITLED

CONSTRUCTION COST ESTIMATE BREAKDOWN (CCEB) ASHE 17-1027 SEED PROJECT IS

THE ONLY DOCUMENT IN WHICH THE OFFERORS WILL INSERT THEIR PRICE PROPOSAL.

NO OTHER DOCUMENT WILL BE ACCEPTED EXCEPT THE CCEB FOR PRICING PURPOSES.