10R0011MACCsol.pdf

MACC is a multiple award, competitive design-build indefinite delivery/indefinite quantity (IDIQ) construction acquisition based on a general statement of work further defined with each individual task order. The work will consist of multiple disciplines in general construction categories of on-base facilities for Joint Base Elmendorf-Richardson (JBER), Eielson AFB, associated sites outside of the Base proper, various remote sites, Alaska. This solicitation will be evaluated using Air Force Source Selection Mandatory Procedures as described in sections L and M.

Competition will be limited to 8(a) firms serviced by the SBA District Office or 8(a) firms with a bonafide place of business in the Alaska District Office are deemed eligible to submit offers. In addition, it has been determined that competition will not be restricted by stage(transitional or developmental) of 8(a) program participation. Joint Ventures are allowed.

See Section L for details pertaining to the pre-proposal conference.

See FAR 52.236-27, "Site Visit Construction" in Section L.

Block 12A, 12B, 13B - APPLIES TO INDIVIDUAL TASK ORDERS. See Section H, paragraph 1.19 and 1.20.

Magnitude Between $25,000,000 - $100,000,000

MICHELLE C. JONES 907-552-5731

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

29-Sep-2010

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance within _______10 calendar days and complete it within ________365 calendar days after receiving award, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________3 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________29 Oct 2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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, X 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 _______90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

FA5000 - 3RD CONTRACTING SQUADRON

10480 22ND STREET

ELMENDORF AFB AK 99506-2500

FA5000

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

907 552FAX:TEL: 907 552 TEL: FAX:

FA5000-10-R-0011 73

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

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.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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 NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.)

Contractor agrees Your offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror)OFFER

FA5000-10-R-0011

Section A - Solicitation/Contract Form

SF 1442 CONTINUATION

BLOCK 10 CONTINUATION

A. Project Title: MACC (Multiple Award Construction Contract) Indefinite Delivery/ Indefinite Quantity B. The Government anticipates an award of up to 6 contracts.

C. All questions must be submitted no later than 10 days before RFP closing date.

D. Project performance period is scheduled for a Base Year and 4 option years.

E. Enter prices on “Price Schedule” Attachment 5.

F. Bid Bond is required, see section H 1.19 for Special Contract Requirement.

G. Reference Section L – “Instructions, Conditions, and Notices to Offerors” and Section M – “Evaluation Factors for Award” for proper proposal preparation.

H. All contractors receiving award will receive a not-to-exceed $2,500 task order for the MACC orientation seminar to satisfy the contract minimum requirement.The total aggregate maximum amount expendable including four option years under each MACC contract awarded shall not exceed $100 Million.

I. Pre-proposal conference is scheduled for Oct 14, 2010 at 9:00 am. The conference will include a model project site visit.

J. Sections K, L, and M will not be a part of any resultant contract.

K. Past Performance volume is due by proposal due date.

L. Magnitude of Model Project is between $250,000 and $500,000.

M. NAICS code is 236220 & 236210, Small Business size standard is $33.5 Million.

Section B - Supplies or Services and Prices

NOTE: A. STATUTORY COST LIMITATION OF $750,000.00 MAY BE APPLICABLE TO CERTAIN

AWARDED TASK ORDERS. SEE PROVISON DFARS 252.236-7006

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lump Sum

MACC Basic Year

FFP

MACC is a multiple award, competitive construction acquisition based on a general statement of work further defined within each individual task order. The work will consist of multiple disciplines in design (up to 35%) and construction to include maintenance, repair, and alteration of real property as well as new construction of facilities.

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 1 Lump

OPTION MACC Option Year 1

MACC is a multiple award, competitive construction acquisition based on a general statement of work further defined within each individual task order. The work will consist of multiple disciplines in design (up to 35%) and construction to include maintenance, repair, and alteration of real property as well as new construction of facilities.

UNIT UNIT PRICE MAX AMOUNT

0003 1 Lump

OPTION MACC Option Year 2

MACC is a multiple award, competitive construction acquisition based on a general statement of work further defined within each individual task order. The work will consist of multiple disciplines in design (up to 35%) and construction to include maintenance, repair, and alteration of real property as well as new construction of facilities.

UNIT UNIT PRICE MAX AMOUNT

0004 1 Lump

OPTION MACC Option Year 3

MACC is a multiple award, competitive construction acquisition based on a general statement of work further defined within each individual task order. The work will consist of multiple disciplines in design (up to 35%) and construction to include maintenance, repair, and alteration of real property as well as new construction of facilities.

UNIT UNIT PRICE MAX AMOUNT

0005 1 Lump

OPTION MACC Option Year 4

MACC is a multiple award, competitive construction acquisition based on a general statement of work further defined within each individual task order. The work will consist of multiple disciplines in design (up to 35%) and construction to include maintenance, repair, and alteration of real property as well as new construction of facilities.

Section E - Inspection and Acceptance

FEDERAL HOLIDAYS

FEDERAL HOLIDAYS

The following federal legal holidays are observed by this base:

New Years Day 1st of January Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day 4th of July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11th of November Thanksgiving Day Fourth Thursday in November Christmas Day 25th of December Note:

Holidays falling on a Saturday will be observed on the preceding Friday.

Holidays falling on a Sunday will be observed on the following Monday.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 365 dys. ADC 1 F1W3E3 - 3RD CIVIL ENGINEER

SQUADRON

HAZIM YUNIS

6326 ARCTIC WARRIOR

ELMENDORF AFB AK 99506

552-3079

F1W3E3

0002 366 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0005 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

52.211-13 Time Extensions SEP 2000

CLAUSES INCORPORATED BY FULL TEXT

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in each individual task order, the Contractor shall pay liquidated damages to the Government in the amount of as specified in each individual task order for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the

Termination clause.

(End of clause)

Section G - Contract Administration Data

G1 ACCOUNTING AND APPROPRIATION DATA will be added to each individual Delivery Order.

G2 CONTRACT ADMINISTRATION of any resultant contract will be performed by the following:

The address and telephone number for the appropriate Construction Flight:

673d Contracting Squadron/LGCA 354th Contracting Squadron/LGCA 10480 22nd Street, Suite 254 2310 Central Avenue Joint Base Elmendorf-Richardson AK 99506-2500 Eielson AFB, AK 99702

(907) 552-5731 (907)377-2464

2.2 CONTRACTOR’S CONTRACT ADMINISTRATION

To Be Completed By The Contractor:

Name and Title: _________________________________________________________ Responsible Office:_______________________________________________________ Address:________________________________________________________________ Telephone Number:_______________________________________________________ Email:__________________________________________________________________ Cage Code:______________________________________________________________ Duns Number:___________________________________________________________ Tax Identification Number:_________________________________________________

2.3 INDIVIDUAL(S) AUTHORIZED TO NEGOTIATE OR DISCUSS PROPOSAL

Name of Primary: ____________________ Name of Alternate: ______________________________ Address: Address:_____________________ ______________________________ Telephone #: Telephone #:______________ ______________________________ Alternate #: Alternate #:________________ ______________________________ Fax No: Fax No:______________________ ______________________________ Email: Email:________________________ ______________________________

G3 INVOICING AND PAYMENT will be made upon receipt of properly prepared invoices bearing the contract number, the project and delivery order number. Invoices shall be submitted in duplicate to the address listed in G-2 above. Payment will be made by the Defense Finance and Accounting Service, Limestone, ME unless otherwise specified in accordance with the Payments Under Fixed-Price Construction Contracts, FAR 52.232-5 and Prompt Payment for Construction Contracts clause, FAR 52.232-27.

G3.1 Delivery orders with less than 60 days performance time: Payment will be made monthly as the work proceeds.

G3.2 Delivery orders with 60 days or more performance time: Payment will be made no more often than at 30-day intervals on the percentage of work completed based on the bi-weekly Contract Progress Report (AF Form 3065).

G3.3 The following items are required for final invoice payment:

G3.3.1 Final invoice G3.3.2 Release of Claims G3.3.3 All Certified Payroll(s) including those for completion of punchlist items.

G3.3.4 Approved DD Form 1354 and Mylar drawings G3.3.5 Stored Materials: At no time shall the Contractor be paid for stored materials.

G4. CONTRACT ADMINISTRATION DATA

WIDE AREA WORKFLOW-RECEIPT AND ACCEPTANCE (WAWF-RA)

In accordance with DFARS Clause 252.232-7003, Electronic Submission of Payment Request, the contractor shall submit payment requests using WAWF-RA. Information regarding WAWF-RA is available on the internet at https://rmb.ogden.disa.mil.

ISSUE DODAAC FA5000 **

ADMIN DODAAC FA5000 **

INSPECT DODAAC FA5000 **

SERVICE ACCEPTOR DODAAC FA5000 **

PAY DODAAC F67100 – May be different on some delivery orders.

Note: ** DODAAC may differ per Task Order. Vendor must include the following email address where the program prompts for additional emails: wawf3cons@elmendorf.af.mil or as stated per task order.

G5. NAF Paying Office

Non-Appropriated Funds (NAF) will be submitted as stated per individual Task Order.

Section H - Special Contract Requirements

1.1 MINIMUM/ MAXIMUM CONTRACT AMOUNTS

The contract minimum will be satisfied as reimbursement for up to two representatives per awarded contract to attend a MACC orientation seminar sponsored by JBER 673 CONS and 673 CES. The Government will reimburse each contractor for food, lodging and travel at rates no higher than those for Government employees in accordance with the Joint Travel Regulation (JTR) with a not-to-exceed total price of $2,500 per contract. Contractors are required to submit invoices to the 673d Contracting Squadron supporting these costs. The seminar is an open forum discussion on the MACC program. Some of the topics covered in the orientation include identification of base security requirements, a tour of base facilities, relationship/partnering, design/build specific requirements and expectations, and Construction Management. 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. The maximum aggregate amount of the Multiple Award Construction Contract (MACC) program, inclusive of all awarded MACC contracts and task orders, including options, shall not exceed $100,000,000.00.

1.2 COMMENCEMENT OF WORK

No work under this contract will commence until such time as the Contracting Officer issues a written Task Order and Notice to Proceed under the Task Order.

1.3 PLACE OF PERFORMANCE

Locations of work will be at Joint Base Elmendorf-Richardson (JBER), Eielson AFB, other associated sites outside the base proper, various remote sites, Alaska. The specific place of performance will be designated on each individual Task Order.

1.4 PROPOSAL PREPARATION COSTS

The costs for preparation of Task Order proposals shall be the responsibility of the contractor and not reimbursable.

Each Task Order awarded will include, at a minimum, all labor wages, management, supervision, mobilization, material and equipment costs, and any costs associated with any required design effort. The contractor shall furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirements of the Task Order.

1.5 REQUIRED INSURANCE (IAW FAR 28.306(b))

Reference FAR clause 52.228-5 entitled "Insurance . . ." the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

(a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

(b) General liability.

(1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

1.6 INSURANCE CERTIFICATE

The contractor agrees to execute an insurance certificate with the Contracting Office in accordance with Section H, Required insurance. This certificate shall be executed on the form entitled “Acknowledgement and Certification of compliance with Contract Insurance Requirements”.

1.7 DAVIS BACON WAGE DETERMINATION

Individual task orders will be subject to one or more of the applicable Wage Determinations as the work dictates at the time of contract award (see Section J, List of Attachments).

Upon exercise of an option period, new wage determinations will be incorporated and contractors will be required to comply with the revised wages on future Task Orders. See FAR Clause 52.222-30, section I.

1.8 SUBCONTRACTING RESPONSIBILITIES

The contractor shall be responsible for the management and performance of all subcontractors. The contractor shall ensure Task Orders are completed within the stated requirements.

1.9 NOTICE OF CONSTRUCTIVE CHANGES

No order, statement or direction of the Contracting Officer, an authorized representative of the Contracting Officer whether or not acting within the limits of his authority, or any other representatives of the Government, shall constitute a change order under the “Changes” clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the Contracting Officer.

1.10 PRE-DESIGN AND/OR PRE-CONSTRUCTION CONFERENCE

Prior to commencing work under a Task Order, the Contractor shall meet with the Contracting Officer and/or designated technical personnel at a mutually agreeable time to discuss and develop mutual understandings concerning schedule and administering work.

1.11 PARTNERING

Partnering is a structured process, as well as philosophy of doing business with contractors and customers, that recognizes common goals through communication and teamwork. It helps create an environment where trust and teamwork prevents disputes, fosters good working relationships to everyone’s benefit, and facilitates the completion of a successful contract. In support of the command’s goals of teamwork and customer satisfaction, our policy is to practice the philosophy of Partnering on every contract we administer. Formal partnering may be required prior to and/or during performance of an individual Task Order, if determined necessary by the Government. Partnering shall be held during normal work hours.

1.12 PERFORMANCE EVALUATIONS

At the conclusion of each Task Order that exceeds $500,000 or for any task order regardless of dollar value which is terminated for default, the Contracting Office will complete a contractor’s performance evaluation and input into the Construction Contractor Appraisal Support System (CCASS) or Architect-Engineer Contract Administration Support System (ACASS). 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 are required to obtain PKI certificates and register at the CCASS/ACASS web site (http://cpars.navy.mil/). Performance evaluations will be provided electronically through CCASS and contractors will be afforded an opportunity to review and respond to peformance evaluations through CCASS. After considering input from the contractor, the Contracting Officer makes the final determination on ratings for all performance evaluations. The performance evaluations may have an impact on the award of future Task Orders.

1.13 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION

(a) This clause implements, but does not replace, DFARS 252.236-7004 Payment for Mobilization and Demobilization, with regard to payments.

(b) Consideration for payment under this contract for mobilizing and demobilizing from the site is subject to the following conditions:

(1) The task order involves major mobilization expense or plant equipment and material made necessary for REMOTE LOCATIONS ONLY.

(2) Mobilization and Demobilization will be entered on the AF Form 3064, Contract Progress Schedule, as separate items and as a percentage factor stated by the Clause.

1.14 RESERVED

1.15 TASK ORDER ISSUANCE PROCEDURES

(a) Work under this contract will be ordered by written Task Orders issued on DD Form 1155 (Order for Supplies or Services) to the contractor by the Contracting Officer.

(b) Each award as a result of this solicitation will cite an individual contract number. Individual Task Orders will be placed in a sequential numbering system, which relate back to the basic contract and their assigned Task Order Number.

(c) The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed Task Orders. Requests for proposals will indicate funds availability. The government may request proposals with no assurance of funding and provides no assurance that task orders will be issued.

(d) Task Orders will be firm fixed price and clearly define the specific services to be performed or the performance desired. Each Task Order may contain additional, site or project specific, provisions. Any such additional provisions shall be a part of the Request for Proposal.

(e) Task Order projects shall be for non-complex performance oriented tasks requiring design up to 35%. Some projects may be already designed or require very little design effort. The ordering procedures are defined in the basic MACC specifications, Attachment 3.

(f) Task Orders may be modified by the Contracting Officer. Modifications to task orders will be issued on Standard Form (SF) 30 and cite the Task Order Number.

(g) Contractors are required to contact the Contracting Officer within two days after receipt of Task Order Request for Proposal (TORFP) if a contractor will not participate in the walk through or submit a proposal on a Task Order.

1.16 COMPETITION

(a) Only the contractors awarded contracts as a result of this RFP will compete for subsequent Task Orders. These contractors are encouraged to participate in all site visits and submit proposals. Failure by offerors to participate responsibly in site visits and submit proposals may result in the Government not exercising the option to extend the contract or exclusion of the contractor from further competition.

Occasionally, the government will solicit offers for projects for which funds are not certified or readily available.

The contracting officer may solicit offers from MACC contractors for these requirements. Submission of proposals for these acquisitions is at the sole discretion of the respective MACC contractors and their declination to participate in any or all such solicitations will not reflect negatively upon them.

(b) A minimum of two proposals on Task Orders will satisfy competition requirements and preclude the necessity of soliciting for a replacement contractor if for any reason one of the contracts is terminated or one of the contractors is excluded from participation in the process.

(c) Unless the Contracting Officer applies the exceptions noted below, each Task Order will be awarded, as a result of competition to the contractor who offers the best value to the Government considering the criteria specified. The Contracting Officer’s decision as to the selection for award of a Task Order is not protestable unless the protest is on the grounds that the order increases the scope, period, or maximum value of the contract program.

(d) The Contracting Officer reserves the right to award a Task Order without competition based upon a determination that:

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

(2) 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;

(3) 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.

1.17 DESCRIPTION OF SUBSEQUENT TASK ORDERS

Task Orders will range from $2,500 to $5,000,000, with most Task Orders falling in the $750,000 to $1,500,000 range. Task Order projects may require either a single discipline or multi-disciplined design services for any aspect of general building construction for new, renovation and addition type projects. Projects may also require up to 35% interior design, lead and asbestos abatement, and incorporation of sustainable features. Some projects may require little to no design.

1.18 SUBSEQUENT TASK ORDER EVALUATION CRITERIA

Subsequent Task Orders may be awarded on price, past performance, best value, performance price tradeoff process or lowest price, technically acceptable basis. If the Government decides to issue the Task Order as a best value using the trade off process, award factors will vary depending on the unique requirements of each Task Order. The following sample criteria may be evaluated, in addition to price or cost:

(a) Past Performance - Task Order past performance or prior past performance on other contracts

(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 workload

(h) Design

(j) The contractor’s technical understanding of the work

(k) The most efficient and effective plan to accomplish the work

(l) Rationale for proposed materials, type and quantities

(m) Sustainable design features

1.19 PERFORMANCE AND PAYMENT BONDS – APPLICABLE TO INDIVIDUAL TASK ORDERS

Contractor shall furnish Performance and Payment Bonds (Standard Form 25/25A) with good and sufficient surety or sureties, acceptable to the Government. The penal sums of the bond will be as shown below. A notice to proceed shall not be issued and no work shall begin until good and sufficient surety, as identified below has been received and accepted by the Contracting Officer.

(a) Performance Bond: Unless the Contracting Officer determines that a lesser amount is adequate for the protection of the Government, the penal sum of the performance bonds (Standard Form 25) shall equal one hundred percent (100%) of the contract price for each Task Order.

(b) Payment Bond:

(1) Shall equal 100% of the contract price for each Task Order.

(2) One of the following is required:

(i) A payment bond.

(ii) An irrevocable letter of credit (ILC).

(iii) A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, as escrow agent, and all of the suppliers of labor and material.

The escrow agreement shall establish the terms of payment under the contract and of resolution of disputes among the parties. The Government makes payments to the contractor's escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required.

(iv) Certificates of deposit. The contractor deposits certificates of deposit from a federally Insured financial institution with the Contracting Officer, in an acceptable form, executable by the Contracting Officer.

(v) A deposit of the types of security listed in FAR 28.204-1 and 28.204-2.

(3) Bonds are due within 10 days of the receipt of the task order.

1.20 PROPOSAL GUARANTEE (BID BOND)

MODEL PROJECT: A bid bond is not required for the model project.

SUBSEQUENT TASK ORDERS: Individual proposal guarantees (bid bonds) of at least 20% of the proposed price may be required from all offerors competing for award of all subsequent Task Orders. The requirement for a guarantee will be included in the TORFP.

1.21 REPLACING MACC CONTRACTORS

Should one or more of the incumbent MACC contractor’s options not be exercised, or if termination of contract(s) occurs, the process for selecting replacement contracts shall follow the same process and procedures as used in selecting and awarding the basic MACC awards.

1.22 ENVIRONMENTAL COMPLIANCE

Offerors are reminded of the environmental requirements contained in the solicitation to comply with all applicable federal, state, and local environmental statutes and regulations. In addition to the scrutiny of civil environmental regulatory agencies, environmental compliance incidental to Air Force activities or on Air Force Property is subject to Air Force scrutiny. The Air Force routinely investigates environmental violations and compliance. Contracts shall comply with the Base Green Procurement Plan for proposal preparation and construction.

1.23 INSTALLATION RULES AND REGULATIONS

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 entrances, 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.

1.24 UTILITY SERVICES (IAW FAR 36.514)

The Contractor will be required to participate in all Air Force energy conservation programs. Utility services furnished to the contractor by the Government from the Government’s existing system outlets and supplies will be at no cost to the Contractor, but see contract clause titled FAR 52.236-14, “Availability and Use of Utility Services,” in Section I.

1.25 SPECIAL UTILITY PROVISION

The contractor shall be responsible for any and all damages to accurately marked utilities resulting from its operations. Further, the contractor shall be held liable for all costs associated with such damages. Such costs include not only the costs to properly repair the damaged utility, but any direct costs incurred by the government to provide emergency response to the site, as well as for any other monetary losses. Such loss may also include the value of loss of productivity experienced by the government due to loss of power and /or facility evacuation arising from the utility damage. Contractors are to field verify and mark location of utilities shown on construction permit.

1.26 DESIGNATION OF GOVERNMENT INSPECTOR

The Base Civil Engineer or his authorized representative is designated as the representative of the Contracting Officer for the purpose of performing construction contract quality assurance for the Government, which includes performing technical surveillance and monitoring workmanship and compliance with the plans and specification under this contract. This provision in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of this contract.

1.27 PREPARATION OF SCHEDULES FOR CONSTRUCTION CONTRACTS

The reports contemplated by FAR Clause 52.236-15 titled "Schedules for Construction Contracts" in Section I shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, “Contract Progress Schedule,” and AF Form 3065, “Contract Progress Report” unless a network schedule is specifically requested.

1.28 PHYSICAL DATA/WEATHER CONDITIONS (SEE ATTACHMENT 2)

The Operational Climatic Data Summary is furnished for the contractor’s information. The Climatic Data shows the average weather pattern at Joint Base Elmendorf-Richardson and Eielson AFB, AK. Remote sites weather data will be provided per task order. These charts will be used to evaluate any request for time extension due to unusually severe weather. Climatic data may be updated once a year at the time options are exercised.

Section I - Contract Clauses

NAFI

The clauses below are applicable to Non-Appropriated funds task orders.

NAF Clauses

GENERAL PROVISIONS

l. DEFINITIONS (JAN 2005) - As used throughout this contract, the following terms and abbreviations have the meanings set forth below:

a. The term "contract" means this agreement or order and any modifications hereto.

b. The abbreviation "NAFI" means Nonappropriated Fund Instrumentality of the United States Government.

c. The term "Contracting Officer" means the person executing or responsible for administering this contract on behalf of the NAFI, which is a party hereto, or their successor or successors.

d. The term "Contractor" means the party responsible for providing supplies and/or services at a certain price or rate to the NAFI under this contract.

e. The abbreviation “FAR” means Federal Acquisition Regulation.

2. DISPUTES (NOV 2005)

a. Except as otherwise provided in this contract, any dispute or claim concerning this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall state his decision in writing and mail or otherwise furnish a copy of it to the Contractor. Within 30 days from the date of receipt of such copy, the Contractor may appeal by mailing or otherwise furnishing to the Contracting Officer a written appeal addressed to the Armed Services Board of Contract Appeals, and the decision of the Board shall be final and conclusive;

provided that if no such appeal is filed, the decision of the Contracting Officer shall be final and conclusive. The Contractor shall be afforded an opportunity to be heard and to offer evidence in support of any appeal under this clause. Pending final decision on such a dispute, however, the Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the Contracting Officer unless directed to do otherwise by the Contracting Officer.

b. A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. Contractors shall provide the certification specified below when submitting any claim. Any person duly authorized to bind the Contractor with respect to the claim may execute the certification.

“I certify that the claim is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify on behalf of the Contractor.”

c. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph "a" above, provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law.

3. LAW GOVERNING CONTRACTS (JAN 2005) - In any dispute arising out of this contract, the decision of which requires consideration of law questions, the rights and obligations of the parties shall be interpreted and determined in accordance with the substantive laws of the United States of America.

4. LEGAL STATUS (JAN 2005) - The NAFI is an integral part of the Department of Defense and is an instrumentality of the United States Government. Therefore, NAFI contracts are United States Government contracts; however, they do not obligate appropriated funds of the United States.

5. EXAMINATION OF RECORDS (JAN 2005) - This clause is applicable under contracts that are entered into by means of negotiation and where price and costing data are required to support a determination of price reasonableness. This clause does not apply to commercial items or when the Contracting Officer determines that prices agreed upon are based on adequate price competition. The Contractor agrees that the Contracting Officer or his duly authorized representative shall have the right to examine and audit the books and records of the Contractor directly pertaining to the contract during the period of the contract and until the expiration of three years after the final payment.

6. ASSIGNMENT (JAN 2005) - The Contractor or its assignee’s rights to be paid amounts due as a result of performance of this contract, may be assigned. No assignment by the Contractor, assigning its rights or delegating its obligations under this contract will be effective and binding on the NAFI until the written terms of the assignment have been approved in writing by the Contracting Officer.

7. GRATUITIES (JAN 2005)

a. The NAFI may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found, after notice and hearing, by the Secretary of the Air Force or their duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent, or representative of the Contractor, to any officer or employees of the Government or the NAFI with a view toward securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract.

b. In the event this contract is terminated as provided in paragraph "a" hereof, the NAFI shall be entitled

(i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of contract by the Contractor, and

(ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Air Force or their duly authorized representative) which shall be not less than three nor more than ten times the cost incurred by the Contractor in providing any such gratuities to any such officer or employee.

c. The rights and remedies of the NAFI provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

8. TERMINATION FOR CONVENIENCE (JAN 2005) - The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the NAFI. If this contract is for supplies and is so terminated, the Contractor shall be compensated in accordance with FAR, Sub Parts 49.1 and 49.2 in effect on this contract's date. To the extent that this contract is for services and is so terminated, the NAFI shall be liable only for payment in accordance with the payment provisions of this contract for services rendered prior to the effective date of termination, providing there are no Contractor claims covering nonrecurring costs for capital investment. If there are any such Contractor claims, they shall be settled in accordance with FAR, Sub Parts 49.1 and 49.2.

9. CANCELLATION BY MUTUAL AGREEMENT (JAN 2005) - Should the situation warrant, the parties upon mutual agreement and no costs, may cancel this contract.

10. TERMINATION FOR CAUSE (JAN 2005)

a. (1) The NAFI may, subject to paragraphs (c) and (d) below, by written notice of cause to the Contractor, terminate this contract in whole or in part if the Contractor fails to-

(i) Deliver the supplies or perform the service within the time specified within this contract or any Extension;

(ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) below);or

(iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below).

(2) The NAFI's right to terminate this contract under subdivisions (1)(ii) and (1)(iii) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of notice from the Contracting Officer specifying the failure.

b. If the NAFI terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will remain liable to the NAFI for any excess costs for those supplies or services. However the Contractor must continue the work not terminated.

c. The Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include

(1) acts of God or of the public enemy,

(2) act of the NAFI in either its sovereign or contractual capacity,

(3) fires,

(4) floods,

(5) epidemics,

(6) quarantine restrictions,

(7) strikes,

(8) freight embargoes, and;

(9) unusually severe weather. Defaults by subcontractors at any tier for any reason do not constitute causes beyond the control and without the fault or negligence of the Contractor.

d. If this contract is terminated for cause, the NAFI may require the Contractor to transfer title and deliver to the NAFI as directed by the Contracting Officer, any

(1) completed supplies, and

(2) partially completed supplies and materials, parts, tool dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as manufacturing materials in the clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the NAFI has an interest.

e. The NAFI shall pay the contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes Clause.

The NAFI may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the NAFI against loss because of outstanding liens or claims of former lien holders.

f. If, after termination, it is determined that the cause by the Contractor was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for convenience of the NAFI.

g. The rights and remedies of the NAFI in this clause are in addition to any other rights and remedies provided by law or under this contract.

11. INSPECTION AND ACCEPTANCE (JAN 2005) - Inspection and acceptance will be at destination, unless otherwise provided in this contract. Not withstanding the requirements for any NAFI inspection and test contained in specifications applicable to this contract, except where specialized inspections or tests are specified for performance solely by the NAFI, the Contractor, shall perform or have performed the inspections and tests required to substantiate that the supplies provided under the contract conform to the drawings, specifications, and contract requirements listed herein, including if applicable the technical requirements for the manufacturers' part numbers specified herein. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. Acceptance of the supplies or services or a written notice of rejections must be accomplished on or before the fifth working day following delivery of the supplies or services, unless otherwise specified in this contract.

12. VARIATION IN QUANTITY (JAN 2005) - No variation in quantity of any item called for by this contract will be accepted unless authorized by the Contracting Officer.

13. PARTIAL DELIVERIES (JAN 2005) - Partial deliveries are not permitted unless authorized by the terms of the contract or approved by the Contracting Officer.

14. PAYMENTS (JAN 2005) - Partial payments will be made when deliveries are authorized or as approved by the Contracting Officer. Payments and penalties for late payments are subject to the requirements established by the Prompt Payment Act, as amended, and as implemented for NAFI's. If the NAFI makes payment but such payment fails to include a prompt payment penalty due to the Contractor within 10 days from when the contract payment is made, penalty amounts will not be paid unless the Contractor makes a written request within forty days after the date of payment.

15. HOLD AND SAVE HARMLESS (JAN 2005) - The Contractor shall indemnify, hold and save harmless, and defend the NAFI, its outlets and customers from any liability, claimed or established for violation or infringement of any patent, copyright, or trademark right asserted by any third party with respect to goods hereby ordered or any part thereof. Contractor further agrees to hold the NAFI harmless from all claims or judgments for damages resulting from the use of products or services listed in this contract, except for such claims or damages caused by, or resulting from negligence of NAFI customers, employees, agents, or representatives. Also, Contractor shall at all times hold and save harmless the NAFI, its agents, representatives, and employees from any and all suits, claims, charges, and expenses which arise out of acts or omissions of Contractor, its agents, representatives, or employees.

16. MODIFICATIONS (JAN 2005) - No agreement or understanding to modify this contract will be binding upon the NAFI unless made in writing and signed by a Contracting Officer from the office that issued the…