Attachment 4-Task_Order_Procedures.pdf

Attachment 4 – Task Order Procedures

Space Coast Multiple Award Construction Contract (SCMACC)

RFP # FA252120R0009

1. NOTICE TO PROCEED (NTP):

A NTP will be issued for each Task Order (TO) placed against the base contract. Each location may have a different timeframe for issuing a NTP. Typically, NTPs are issued within ten days after TO award. The Contracting Officer (CO) reserves the right to determine the issue date of any NTP.

2. TASK ORDER PROCEDURES:

After award of initial contracts, it is the Government’s intention to allow all SCMACC contractors to compete for TOs. TOs will be competed via Fair Opportunity, but the Government reserves the right to invoke an exception allowed by FAR 16.505(b)(2)(F). This restricted competition may be to meet minimum order amounts, work requiring special skills or trades, or urgent and compelling schedules.

Applicable clauses may be specific to the ordering contracting office.

a. Fair Opportunity Proposal Request (FOPR):

TOs shall be issued on a Firm-Fixed Price (FFP) basis only. TOs will be awarded pursuant to FAR 16.505(b) “Orders under multiple-award contracts.” and as supplemented.

As requirements are identified, Civil Engineering (CE) or other customer(s) will submit a Fair Opportunity Proposal Request (FOPR) package to their respective Contracting Office describing the Government’s requirements (Statement of Work (SOW), drawings, submittal schedule, etc.), performance location (secure or non-secure area), working hours, period of performance (i.e. 100 days), performance start date (i.e. 10 days after award).

i. Competitive Award: All SCMACC Indefinite Delivery/Indefinite Quantity (IDIQ) awardees with an effective date are immediately available to compete on TO solicitations. The majority of the TOs will be awarded based on competition; however, the Government reserves the right to award TOs in accordance with the terms and conditions of the contract and FAR

16.505 (b)(2), Exceptions to the fair opportunity process.

ii. Rotationally Direct Award: In accordance with the terms and conditions of the contract and FAR 16.505 (b)(2), Exceptions to the fair opportunity process, the CO shall give every awardee a fair opportunity to be considered for a TO exceeding $10K unless a statutory exception applies. This restricted competition may be used to satisfy minimum guarantee, work requiring unique or highly specialized skills or trades, or urgent and compelling schedules. The Government intends to direct award an initial TO to each effective awardee to satisfy the minimum guarantee.

b. Project Documents:

For each TO, the Contractor will be furnished one electronic copy of the SOW, one electronic set of drawings, design guides, and/or a submittal schedule, if applicable. The level of the design provided to the Contractor will be anywhere from a basic concept to a complete design package.

i. Design-Build: The FOPR will provide contractors a scope of work (i.e. Design-Build SOW) that defines the project and states the Government’s requirements. The scope of work may include criteria and preliminary design, budget parameters, schedule or delivery requirements, and other supporting information necessary for offerors to understand the project requirements in order to prepare their proposals. SCMACC contractors shall provide a price proposal, and may be required to provide technical proposals, past performance information, and/or a proposed performance period (as stated in each TO). The Government will evaluate submitted proposals in accordance with the factor(s) in each FOPR. Only the successful offeror will be required to proceed with the subsequent design effort (i.e. 35%, 65%, 95% and/or 100% as stated in each TO) and to execute construction.

ii. Construction Only: The Government will provide SCMACC contractors a previously accomplished design consisting of drawings, specifications, design analysis and/or other data. Based on this accomplished design, SCMACC contractors shall provide a price proposal, and may be required to provide technical proposals, past performance information and/or a proposed performance period (as stated in each TO). The Government will evaluate submitted proposals in accordance with the factor(s) in each FOPR. Only the successful offeror will be required to proceed with construction.

If an IDIQ awardee is associated with the Architect–Engineer (A-E) contractor, its subsidiaries, or affiliates who designed the project, the IDIQ awardee shall be excluded from competition in order to prevent an unfair competitive advantage.

c. Site Visit: Upon issuance of the FOPR, the Government and contractors may conduct a pre-proposal site visit for each TO. The FAR clauses, 52.236-2, Differing Site Conditions and 52.236-3, Site Investigation and Conditions Affecting the Work, are included in the contract.

When a pre-proposal site visit is anticipated, contractors are urged and expected to inspect the site. Any questions developed as a result of the site visit shall be submitted to the CO in writing as stated in the FOPR.

d. Period of Performance (PoP): At the TO level, each FOPR issued will include a Government negotiable or mandatory PoP. The CO will have the final decision regarding the PoP and will incorporate revised FAR clause 52.211-10, Commencement, Prosecution, and Completion of Work. For excusable delays, refer to FAR 52.249-10, Default (Fixed-Price Construction).

e. Liquidated Damages: Liquidated damages, if applicable, will be specified within each TO and in accordance with (IAW) FAR 52.211-15 and as supplemented.

f. TO Evaluation: It is the Government’s intention to allow all SCMACC contractors to compete for TOs based on any method from the best value continuum. TOs will typically be awarded on a Lowest Price Technically Acceptable (LPTA) basis. However, the Government reserves the right to use tradeoff evaluation procedures in accordance with DoD Source Selection Procedures and AFFARS MP5315.3 Source Selection. Typically, the evaluation methods will correspond with the level of design or complexity of the proposal to be submitted.

g. TO Award Process: All TOs as defined in this contract will be formally executed by the issuance of a DD Form 1155, Order for Supplies or Services. The Government will notify all contractors from whom proposals were received in response to the FOPR when that TO is awarded. For other than awards using LPTA, non-awardees may request debriefings IAW

FAR 15.506.

3. PROPOSAL PROCEDURES:

All contractors are highly encouraged to submit a proposal for every FOPR under this contract for which the contractor is eligible to respond. If a contractor chooses not to submit a proposal under a FOPR, the contractor must submit a letter stating their reason for not proposing. At a minimum, each contractor shall propose on at least 75% of all FOPRs annually from date of contract award for each organization. The response rate of each contractor will be calculated each year on the anniversary date of the award. Contractors who fail to meet this requirement may be off-ramped, at the sole discretion of the SCMACC CO. Note: TO proposal preparation fees will not be reimbursed to any SCMACC contractors. The following describes the typical procedures for proposal submission requirements:

a. Contractor’s Proposal: Each TO FOPR will identify the contractor’s proposal due date.

b. Price Proposal: Contractor may use AF Form 3052 Construction Cost Breakdown or similar format for their TO price proposal. Contractors will utilize their not-to-exceed fully-burdened hourly labor rates for a Project Manager, Project Superintendent, Health and Safety Manager, and Quality Control Inspector when preparing their price proposal. Based on individual TO requirements, TOs may include all, some, or none of these labor categories.

c. Bonding: See FAR clause 52.228-15, Performance and Payment Bonds-Construction.

Contractors shall consider the cumulative effects of TOs placed against this contract and warranty requirements in determining total bonding liability and costs. The Government’s minimum bonding requirement is not necessarily the amount on which the surety company may base the contractor’s premium charge for the bonding requirements of the resultant contract. SCMACC TBD IDIQ awardees will only be required to secure the required performance and payment bonds once they are on-ramped. Awardees will provide a necessary bonding in the full amount of the TO awarded to the Administrative Contracting Officer (ACO) who issues the TO.

4. CONTRACT ADMINISTRATION:

a. Contract Administration: The SCMACC is a multiple-installation contract. The Patrick AFB Contracting Office is hereby designated as the PCO. The duties of the PCO include, but are not limited to:

- Exercise of option periods

- Negotiation of all modifications that affect the terms and conditions of the base contract

- Insurance, payment and performance bonding, monitoring for the base contract

- On/off-ramping

- Issues that affect, or may affect, the base contract, including but not limited to show cause and cure notices issued, default, security violations, disputes, labor relations, changes to the specifications, etc., will be coordinated through the PCO

- Contractor Performance Assessment Reporting System (CPARS) (All TOs over $700K, ACOs will prepare CPARS)

b. In addition to the PCO duties, the Patrick AFB Contracting Office will conduct ACO responsibilities, to include day-to-day contract administration responsibilities for Patrick AFB and Cape Canaveral AFS. All other SCMACC organizations listed below will perform ACO duties. The duties of the ACO include, but are not limited to solicitation, negotiation, award, administration and closeout of TOs.

c. Contracting Offices:

(PCO)/(ACO) Patrick AFB: 45 CONS/PKAB 1201 Edward H. White II Street, MS7200 Patrick AFB, Florida 32925-3227

(321) 494-4389

(ACO) Cape Canaveral AFS: 45 CONS/PKAC

14640 Hangar Rd/CCAFS 1324 Bldg 1704, Room 2132B MS 2037 Patrick AFB, Florida 32925-3227

(321) 853-6146

(ACO) MacDill AFB: 6 CONS/PKA

2610 Pink Flamingo Avenue MacDill AFB, Florida 33621-5119

(813) 968-4027

(ACO) Kennedy Space Center: NASA’s John F. Kennedy Space Center Procurement Office Code: OP-CS

Headquarters Building M7-0301 Kennedy Space Center, Florida 32899

(321) 867-5294

d. Performance Evaluation Meetings: The contractor’s personnel responsible for managing the

SCMACC Program Manager or their designated representative shall be required to attend meetings, as scheduled and as needed, with each organization’s ACO and their respective CES, to discuss TO progress and quality of work being performed.

e. Invoicing Procedures: The contractor shall submit one (1) copy of their invoice to the respective ordering office for each TO in IAW FAR 52.232-5, Payments Under Fixed-Price Construction Contracts or as directed by the TO for other than United States Air Force/United States Space Force contracting offices. All invoices submitted under this contract must contain all information IAW DFARS 252.232-7003, Electronic Submission of Payments Requests and Receiving Reports. Failure to follow these procedures may cause a delay in invoice payment. Specific payment instructions may be included in each TO.

f. Accounting and Appropriation Data: Accounting, appropriation data, and payment offices will be cited at the TO level.

g. Release of Claims: Upon completion of the work and prior to the final payment for each TO, the contractor shall be required to furnish the ACO a Release of Claims as specified by FAR clause 52.232-5(h)(3), Payments Under Fixed-Price Construction Contracts.

h. Telephone Communication Security Monitoring: All communications with DoD organizations are subject to TEMPEST review. Contractor personnel will be aware telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The DoD has authorized the military departments to conduct TEMPEST monitoring and recording of telephone call originating from, or terminating at DoD organizations.

Therefore, civilian contractor personnel are advised any time they place a call to, or receive a call from an USAF organization, they are subject to TEMPEST procedures. The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with DoD information.

5. CPARS

The Government will perform an assessment of each SCMACC contractor’s performance up to ninety

(90) days prior to the anniversary date of the contract, before exercising the option ordering periods or the 6-month extension of services option period. Past performance evaluations shall be prepared at least annually and/or at the time the work under SCMACC contract is completed. Past performance information shall be entered into CPARS, http://www.cpars.gov/, the Government-wide evaluation reporting tool for all past performance reports on contracts and orders.

a. CPARS past performance evaluations will be prepared, at least annually and/or at the time the work is completed, for each construction SCMACC TOs with a dollar value of $700K or more, and for each construction SCMACC TO terminated for default regardless of dollar value.

CPARS past performance evaluations may also be prepared for construction SCMACC TOs below $700K.

http://www.cpars.gov/