Attachment 3 - MACC Provisions.docx

FA4528-20-R-0008

Attachment 3

MACC PROVISIONS

DESCRIPTION OF WORK

The work to be acquired under the solicitation is for new construction and/or design/build for new construction, renovation, alteration, repair, and associated architecture/engineering work at Minot AFB. Types of structures may include, but are not limited to, administrative buildings, medical buildings, auditoriums, hangars, airfields, fire stations, garages, and prefabricated buildings. This is an indefinite delivery indefinite quantity (IDIQ) contract with no pre-established fixed contract prices. The actual amount of work to be performed and the time of such performance will be determined by the Contracting Officer, and each subsequent Task Order.

DESCRIPTION OF SUBSEQUENT TASK ORDERS

1. The Government may solicit offers for projects for which funds are not certified nor readily available. These are referred as Authority to Advertise (ATA).

2. Task Orders will range from $500.00 to $10,000,000.00, with most Task Orders falling in the range of $50,000.00 to $5,000,000.00. Task Order projects may require either a single discipline or multi-disciplined design services for all aspects of general building construction for new, renovation and addition type projects. Projects may also require comprehensive interior design, lead and asbestos abatement and incorporation of sustainable features. Some projects may require only minimal design.

TASK ORDER PROCEDURES

1. As the need exists for performance under the terms of this contract, the Contracting Officer or his/her representative will notify the contractor of an existing requirement, and Firm Fixed Price Task Orders will be awarded within the scope of the terms and conditions and specifications of this contract IAW FAR 16.505. A site visit will be scheduled with the contractor to verify measurements and elements of work. The contractor shall submit a proposal IAW the Task Order SOW, specifications, or drawings specified by the Contracting Officer in the individual Fair Opportunity Proposal Request (FOPR).

2. A FOPR will be issued to solicit projects under the MACC following the award of the “seed” project. The FOPR will define the project requirements and may require the contractor to produce a full design, partial design, or no design depending on the level of design already available, and provided to the contractor in the FOPR. For example, a new project with no, or partial, previous design accomplished may include requirements to provide up to a 35% design as part of the contractor’s proposal. Conversely, a project for which a 100% design is already available will only require a proposal in the prescribed format. If awarded a FOPR for a project requiring design, the successful contractor will, as necessary, complete the design to the 100% level. This will include participating in design charrettes and design review meetings, conducted at Minot AFB, at each design milestone (35%, 65%, etc.) described in the FOPR. Proposals for FOPR’s will include an offer schedule and, when required by the FOPR, a construction cost estimate breakdown provided on an Air Force Form 3052. The Government may also require submission of an AF Form 3052 after initial proposals are submitted even though the AF Form 3052 was not initially required by the FOPR. The offer schedule as well as the line item categories to be used on the AF Form 3052 may be provided to the contractor by the Government. In addition, the FOPR may also include but is not limited to, the following, as applicable, based on the level of design required:

a. Government prepared SOW, sketches, and any available as-built, specifications, or design information.

b. Sustainable design and LEED requirements (Leadership in Energy & Environmental Design).

c. Investigative services requirements.

d. Design calculation requirements.

e. Construction drawing requirements including professional certifications.

f. Direction regarding fast-track vs. design-build.

g. Timeframes for preparing the proposal, completing design work (if awarded), and completing construction.

h. Contractor prepared specification sections and version required.

i. Submittal requirements.

j. Government Furnished Equipment (GFE) or Government Furnished Materials (GFM).

3. Upon receipt of the contractors' proposals, the Government will evaluate the proposals for completeness and reasonableness utilizing the evaluation procedures outlined in the Task Order FOPR. Task Order award will be made to the contractor providing the lowest price or best value basis as described in the Task Order FOPR after price is determined to be fair and reasonable by the Contracting Officer.

a. The Government reserves the right to conduct Interchanges through Interchange Notices (IN) with one, some, none, or all Offerors at its discretion.

b. Offerors may not be offered an opportunity to revise their proposal as a result of Interchanges.

c. Proposals shall be valid for at least 120 days, unless specified otherwise in the FOPR.

4. Restriction from Competition. Contractors MAY also be restricted from competition on individual Task Orders if, at the time of Task Order FOPR issuance, any of the following conditions apply:

a. The Contractor has five active Task Orders.

b. The Contractor is more than 5% behind schedule on any active Task Orders (barring those that are behind due to Government delays).

c. If the Contractor has received an unfavorable CPARS rating on any Task Orders within the previous calendar year.

d. Should conditions listed above be alleviated and/or change, the Contracting Officer may determine the contractor to be eligible for competition on subsequent Task Orders.

e. Additionally restricted competition may be based on work requiring special skills or trades, or urgent and compelling schedules. The Contracting Officer reserves the right to award a Task Order without competition based upon a determination that:

i. The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays;

ii. Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services being ordered are unique or highly specialized;

iii. The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

TASK ORDER PERFORMANCE PERIOD

1. The only work authorized under this MACC will be issued by a Task Order. The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered in excess of the minimum guarantees specified herein.

2. The performance period shall be identified by the Government in the design package, as a not to exceed (NTE) date, stipulated in calendar days. The proposals containing performance periods exceeding the NTE date stipulated within the FOPR may be considered unacceptable. FAR Clause 52.211-10, Commencement, Prosecution and Completion of Work will be incorporated into each Task Order identifying the construction schedule. The Government reserves the right to negotiate a performance period or impose a performance period for each Task Order. If the performance period is negotiable, it will be stated as such, in the FOPR.

PERFORMANCE EVALUATIONS

1. At the conclusion of each Task Order, IAW FAR 42.1502(e), the contractor’s performance will be evaluated and input into the Contractor Performance Assessment Reporting System (CPARS). Task Orders exceeding $700,000, require past performance evaluation into CPARS. However, Task Order’s not meeting this threshold, at the discretion of the Contracting Officer, may be evaluated for performance and input into the CPARS.

2. The evaluation will take into account all aspects of the contractor’s performance. Performance evaluations may be completed at any time the Contractor’s performance is considered less than satisfactory. Contractors will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation. The performance evaluations may have an impact on the award of future Task Orders.

ON/OFF RAMP PROCEDURES

1. On-Ramp. The Government intends to maintain a pool of three (3) 100% small business contractors and up to but not limited to two (2) Women-Owned Small Business (WOSB) contractors with a proven track record for competing on and then delivering quality construction projects. An integrated assessment will be accomplished to create a ranking of the 100% small business pool and the WOSB pool. When an on-ramp is used, the Government will utilize these pools of 100% small business and WOSB contractors, and awardees shall meet the criteria established in the initial MACC solicitation. The offeror chosen to be on-ramped will be the most highly rated offeror in the pool as determined by the integrated assessment. Any on-ramped awardees will compete with any existing or remaining MACC contractors for all Task Orders (excluding the need to meet the minimum obligation amount). Any additions due to on-ramps will not increase the contract ceiling and the ordering period for new awardees will not exceed the overall maximum term of the original contract. The Government reserves the right to not utilize on-ramps when it is determined to be in the best interest of the Government.

1. Off-Ramp. The Government reserves the right to utilize off-ramps when it is determined to be in the best interest of the Government; including, but not limited to, a contractor's lack of participation in competition or Task Orders, poor performance, change of ownership, etc. MACC contractors are highly encouraged to submit a proposal for every FOPR under the IDIQ contract. Be advised, in order to maintain active participation on the MACC IDIQ contract; contractors shall propose on the majority of the FOPRs issued during the base period or option period. If for any reason, an awardee cannot participate in a competition, the awardee shall provide written notice to the Government of reason(s) for non-participation prior to proposal due date. Participation will be tracked and monitored by Government personnel; failures by MACC contractors to participate in site visits and submit proposals may result in the Government off-ramping, not exercising the option to extend the contract, or exclusion of the contractor from further competition. Throughout the lifetime of the MACC, the Government will evaluate each awardees’ participation, reason(s) for non-participation, and Contractor Performance Assessment Reporting System (CPARS) performance evaluations for task orders completed or in progress. An awardee rated as Satisfactory in all rated categories may remain in the competition pool. Failure to participate in good faith and/or a task order performance assessment ratings of Marginal or Unsatisfactory under the CPARS rating system may result in the awardee being off-ramped from the multiple award contract. An off-ramp decision results in contractor removal from the MACC competition pool and no further awards of task orders. The Government may off-ramp a contractor by implementing either a termination for convenience, a termination for default, or not exercising the option period depending on the circumstances. When a 100% small business contractor is off-ramped, an awardee will be on-ramped from the pool of 100% small business contractors. When a WOSB contractor is off-ramped, an awardee will be on-ramped from the pool of WOSB contractors. If no WOSB contractors remain in the pool, a contractor will be selected from the 100% small business contractor pool.