Atch1_TO_Issuance_Procedures.pdf

RFP No. FA5205-15-R-0006 Contract No.

Attachment 1

TASK ORDER ISSUANCE PROCEDURES

1. Projects under Multiple Award of Construction Contract (MACC). The projects under the contract may be non-complex performance oriented tasks requiring minimal design, may be complex construction requiring design development for design-build construction, or a combination thereof, for all aspects in general construction work.

Task Orders (TOs) will be issued by the office below for construction only or design-build projects IAW the contract terms and conditions, as requirements are identified by the Government and funds become available.

TO Issuing Office: 35th Contracting Squadron Bldg. 656, Misawa Air Base, Misawa-shi, Aomori-ken, Japan 033-0012

2. Basis of TO Award. The basis of TO award is Lowest Price Technically Acceptable (LPTA) or Limited Tradeoff (LTO) under Request for Proposal (RFP), or price only under TO Invitation for Bid (IFB), which will be selected at the discretion of the Government for each project in consideration of the project scope, complexity, magnitude and urgency.

3. Solicitation for Projects. TO RFP or IFB will be issued to each of the contractors to solicit the offers for the project identified by the Government. The TO RFP/IFB may not have complete design package and specifications but will include statement of work (SOW) and other supporting documents that define the project and state the Government requirements. All attachments to TO RFP/IFB, if applicable, will be considered to be a part of the project scope of work. The joint site visit will be held by the Government and the contractors as requested in the TO RFP/IFB, to discuss all conditions and details of the work. The Government is not responsible for any costs incurred or associated with preparation and submission of the offers. Refer to Attachment 2 in Section J, MACC General Provisions, Section 01 01 00, Part 3 Task Orders.

4. TO RFP:

(a) Submission of TO Proposal. The contractors will be requested to submit the TO proposal to the issuing office within the period stated in the TO RFP, which may consist of:

(i) Technical Proposal. Concept sketches or drawings for proposed methods, performance schedule of design and construction, proposed technical solutions, management approach, qualifications for key personnel/ design engineers/subcontractors, catalogs, and/or other material submittals.

(ii) Price Proposal. The price proposal for the design and construction costs.

(iii) Past Performance. Recent and relevant performance information. Definition of "recent" and "relevant" will be specified in the TO RFP for each project.

(b) Evaluation of TO Proposal. Award of TO will be made on a best value basis determined by either a LPTA or LTO, as stated in the TO RFP.

(i) LPTA.

A. Technical Acceptability Factor. The Government will evaluate technical proposals on a pass/fail basis and assign an Acceptable or Unacceptable rating as described in Table 1 below.

Table 1. Technical Ratings Rating Description

Acceptable Proposal clearly meets the minimum requirements of the TO RFP.

Unacceptable Proposal does not clearly meet the minimum requirements of the TO RFP.

Attachment 1

B. Price Evaluation Factor. The Government will rank all offers by price. The price evaluation will document the fairness and reasonableness of the price. The Government reserves the right to perform price realism analysis. The Government intends to award a contract without discussions with respective offerors.

The Government, however, reserves the right to conduct discussions if deemed in its best interest. Award will be made to the lowest priced offer that meets the acceptability standards for non-price factors.

(ii) LTO.

A. Technical Acceptability Factor. The same as LPTA above.

B. Price Evaluation Factor. The Government will rank all offers by price. The price evaluation will document the fairness and reasonableness of the price. The Government reserves the right to perform price realism analysis. The Government intends to award a contract without discussions with respective offerors.

The Government, however, reserves the right to conduct discussions if deemed in its best interest.

C. Past Performance Factor. The Government will evaluate recent and relevant performance information on all offerors on a basis of relative importance of factors as stated in the TO RFP, assigning one of the performance confidence assessment ratings of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence, as defined in Table 2 below. Definition of "recent" and "relevant" will be specified in the TO RFP for each project. In order to be considered for award, the offeror’s technical proposal must be rated as Acceptable. The Government reserves the right to award a contract to other than the lowest price offer if the difference in the performance confidence rating of another offeror justifies the higher price premium. In that event, the Source Selection Authority will make an integrated assessment best value award decision using the performance confidence rating.

Table 2. Past Performance Confidence Assessment Ratings

Rating Description Substantial Confidence Based on the offeror’s recent/relevant performance record, the government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the government has an expectation that the offeror will successfully perform the required effort.

Limited Confidence Based on the offeror’s recent/relevant performance record, the government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the government has no expectation that the offeror will successfully perform the required effort.

Unknown Confidence No recent/relevant performance is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

5. TO IFB. The contractors will be requested to submit sealed bids for price only. The bids will be opened at the time and place stated in the TO IFB for the public opening of bids. The price will be evaluated for reasonableness, without discussions. Award will be made to the bid conforming to the TO IFB and most advantageous to the Government, considering price only.

6. Competition. All the contractors will be solicited for each project. The contractors are encouraged to participate in all site visits and submit all proposals. Repetitive failure by contractors to participate responsibly in site visits and proposal submissions may result in the government’s exclusion of the contractor from further competition under the contract, or not exercising the option to extend the contract of any such contractor. However, when the government solicits offers for projects for which funds are not certified nor readily available (generally during the last quarter of

Attachment 1 the fiscal year), submission of proposals for those projects is at the sole discretion of the respective contractors and their declination to participate in any or all such solicitations will not negatively reflect them.

7. Statutory Cost Limitation (SCL): Work or item subject to SCL, such as Minor Construction (MC) work of $1,000,000.00 or equivalent Japanese Yen amount, may be involved in certain project(s). If involved, the SCL will be specified in the TO IFB/RFP incorporating DFARS provision at 252.236-7006, Cost Limitation. A proposal exceeding the SCL may be rejected by the Government. For the purpose of conversion from the offered Yen amount to U.S. Dollar, respective fiscal years' Foreign Currency Fluctuation Defense (FCFD) budget rate will be announced to the contractors in the beginning of respective fiscal year.

8. Option for Increase Quantity. Depending on the nature of the project, as necessary, the Government may include option item(s) in TO RFP/IFB and resultant TO incorporating FAR clause at 52.217-7, Option for Increase Quantity -- Separately Priced Line Item. If included in the TO RFP/IFB, the Government will evaluate the offered price for award purpose by adding the total price for all option item(s) to the total price for the basic requirement. Evaluation of option item(s) will not obligate the Government to exercise the option(s).

9. Government-Furnished Property (GFP): GFP may be involved in certain project(s) only when its use is specified in TO RFP/IFB with a list of GFP. In that case, the following GFP related FAR and DFARS clauses will be made applicable in the schedule of the TO RFP/IFB, and resultant TO:

FAR 52.245-1 Government Property -- Alternate I FAR 52.245-9 Use and Charges DFARS 252.211-7007 Reporting of Government-Furnished Property DFARS 252.245–7001 Tagging, Labeling, and Marking of Government-Furnished Property DFARS 252.245–7002 Reporting Loss of Government Property DFARS 252.245-7003 Contractor Property Management System Administration DFARS 252.245-7004 Reporting, Reutilization, and Disposal

10. Performance On or Near Airfield: Survey and construction work within or near airfield may be required in certain project(s). If required, the work location and requirements will be provided in the statement of work, specifications, sketches and/or drawings, and DFARS clause at 252.236-7005, Airfield Safety Precautions will be incorporated into the TO IFB/RFP and resultant TO.

11. Applicability of FAR 52.203-13: This is a TO based IDIQ contract, and the TO amount and performance period will be established through the TO issuance procedure stated herein. FAR 52.203-13, Contractor Code of Business Ethics and Conduct is applicable to individual TO that exceeds $5M (or equivalent Japanese Yen amount converted by applicable FCFD budget rate) and performance period of 120 calendar days (CD). This clause will be incorporated into the TO if applicable.

12. Applicability of the Defense Base Act: The contract includes FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act), and FAR 52.228-4, Worker’s Compensation and War-Hazard Insurance Overseas.

FAR 52.228-3 applies to (1) all employees who are United States citizens and (2) all employees hired from within the United States and its territories, regardless of their nationality. FAR 52.228-4 applies to all other employees not previously specified.

13. Liquidated Damages (LD). The LD rates per day of delay will be established per each project and specified in the TO RFP/IFB and resultant TO.

14. Performance Evaluations: At the conclusion of each TO or other times as appropriate, the contractor’s performance evaluation will be made through the Contractor Performance Assessment Reporting System (CPARS).

The evaluation will take into account all aspects of the contractor’s performance. The contractor will be provided an opportunity to review and comment to the Government evaluation result through the CPARS. The performance evaluations will have an impact on the award of future TOs and exercise of option year of the contract.

15. Notice of Constructive Changes: No order, statement of 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

Attachment 1 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.