FA5270-14-R-0019 _MINI-MACC _KAB.21Nov14.pdf

FA5270-14-R-0019

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Lot Mini-MACC Basic Year

FFP

Basic Year Period (one year from the date of contract award)

Mini-MACC is a multiple award, competitive Indefinite Delivery/Indefinite

Quantity (IDIQ) construction acquisition including two work elements: Design-

Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of multiple disciplines in general construction categories for the military base facilities of USAF and support units in Japan.

Prices are not required in this section. Prices will be requested for each task order.

This section is included for performance period only.

Note: The minimum guarantee for this contract is $2,000.00. This minimum guarantee is to be obligated upon award of the contract and will be satisfied with the issuance of the first task order. This minimum guarantee is provided for the post award conference and the site visit for the first Task Order Request For

Proposal. The contractors are reminded that the Government will not be committed to place task orders up to the Not to Exceed limit of the contract during the life of the contract.

**The sample seed project's (LXEZ 04-1490, Renovate Restrooms, Weekender

Lounge, Bldg. 313, KAB, Okinawa, Japan) proposal will remain valid for 180 calendar days after award of the basic contract. If funds become available, the

Government reserves the right to award the subject project to the vendor representing the best value to the Government.**

FOB: Destination

NET AMT

1001 Lot Mini-MACC Option Year One (1)

FFP

Option Year One (1) Period (for a period of one year subsequent to Basic Year

Completion).

Mini-MACC is a multiple award, competitive Indefinite Delivery/Indefinite

Quantity (IDIQ) construction acquisition including two work elements: Design-

Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of

2001 Lot Mini-MACC Option Year Two (2)

FFP

Option Year Two (2) Period (for a period of one year subsequent to Option Year

One Completion).

Mini-MACC is a multiple award, competitive Indefinite Delivery/Indefinite

Quantity (IDIQ) construction acquisition including two work elements: Design-

Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of

3001 Lot Mini-MACC Option Year Three (3)

FFP

Option Year Three (3) Period (for a period of one year subsequent to Option Year

Two Completion).

Mini-MACC is a multiple award, competitive Indefinite Delivery/Indefinite

Quantity (IDIQ) construction acquisition including two work elements: Design-

Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of

4001 Lot Mini-MACC Option Year Four (4)

FFP

Option Year Four (4) Period (for a period of one year subsequent to Option Year

Three Completion).

Mini-MACC is a multiple award, competitive Indefinite Delivery/Indefinite

Quantity (IDIQ) construction acquisition including two work elements: Design-

Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of

5001 Lot Mini-MACC Option Year Five (5)

FFP

Option Year Five (5) Period (for a period of one year subsequent to Option Year

Four Completion).

Mini-MACC is a multiple award, competitive Indefinite Delivery/Indefinite

Quantity (IDIQ) construction acquisition including two work elements: Design-

Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of

NOTE FOR OFFERORS

Price fill-in is not required in this section. Price proposed for Mini-MACC Sample Project shall be provided using the format in Section J, Attachment 3 based on the Mini-MACC Construction Specifications (Attachment 1) and the

Sample Project’s Statement of Work (Attachment 2), and submitted along with Past Performance Information and

Past Performance Questionnaires in accordance with Paragraph CONST-L-7300 in Section L.

B-1. CLAUSES AND PROVISIONS

(a) Clauses and provisions from the Federal Acquisition on Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

(b) Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in the consecutive order.

(c) Section K, L and M will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.

(d) The guaranteed minimum order amount to be ordered for this contract is $2,000.00 (or Yen equivalent). This minimum amount shall only be applied to the basic year. All remaining option years, if exercised, have a minimum order amount of $0.00. The maximum aggregate amount may be reached any time before the exercise of the final option period and shall not exceed $96,000,000.00 (or Yen equivalent).

Section C - Descriptions and Specifications

DESCRIPTION AND SPECIFICATION

C-1 SPECIFICATIONS, STANDARDS AND DRAWINGS (IAW FAR 11.201)

(a) The contractor shall furnish the services and supplies set forth in Section B in accordance with the Mini-

MACC Construction Specification listed in Section J, Attachment #1 and the Statement of Work, specifications and/or drawings called for by individual task order when issued.

(b) For the sample and/or seed project (Sample/Seed), Project No. LXEZ 04-1490, Renovate Restrooms, Weekender Lounge, Bldg. 313, Kadena AB, Okinawa, Japan, refer to the Statement of Work, Section J, Attachment #2.

Section E - Inspection and Acceptance

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

1001 Destination Government Destination Government

2001 Destination Government Destination Government

3001 Destination Government Destination Government

4001 Destination Government Destination Government

5001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

52.246-13 Inspection--Dismantling, Demolition, or Removal of

Improvements

AUG 1996

CLAUSES INCORPORATED BY FULL TEXT

CONST-E-7140B PRE-FINAL AND FINAL INSPECTION

In accordance with FAR 52.211-10 the contractor is required to complete this project, ready for use, within the number of calendar days specified in the Task Order. To ensure adequate time to correct any deficiencies noted by the government during the final inspection, it is highly recommended that the contractor schedule such final inspection through the contract administrator at least seven (7) calendar days prior to the scheduled project completion date. The contractor is solely responsible for scheduling this inspection and is reminded that failure to complete the project ready for use in accordance with the contract terms and conditions may result in the assessment of liquidated damages as described in FAR 52.211-12, Liquidated Damages - Construction. Occasionally, minor discrepancies may be detected during the final inspection that may be considered "punchlist" items. If only minor

"punchlist" items are found, another inspection may not be required. However, all punchlist items must be corrected by the contractor, and verified by the project inspector, prior to expiration of the contract period unless otherwise authorized in writing by the contracting officer. The determination as to what constitutes a minor discrepancy rests solely with the contracting officer and nothing in this paragraph shall be construed as a waiver of the government's rights under any clause in this contract, including the right to assess liquidated damages as may be appropriate for failure to complete the project in accordance with the terms and conditions contained therein.

(End of Clause)

CONST-E-7141 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 technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the contracting officer to commit the

Government to changes in the terms of the contract.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

5001 N/A N/A N/A N/A

52.211-13 Time Extensions SEP 2000

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this task order within (the number of days specified in the Task Order) after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than (the date specified in the Task Order).

*The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

(a) If the Contractor fails to complete the work within the time specified in the task order, the Contractor shall pay liquidated damages to the Government in the amount of (Defined on Mini-MACC Specification, Section 01 01 00, Paragraph 1.3.5) 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.

CONST-F-7163 ESTABLISHMENT OF PERFORMANCE PERIODS FOR DELIVERY ORDER OR

TASK ORDERS

The performance period shall be cited in each delivery order or task order. Actual construction time shall be negotiated and determined by each delivery order or task order and work requirements, but in no event will actual construction time be less than 10 calendar days.

CONST-F-7166 ISSUANCE OF NOTICE TO PROCEED FOR DELIVERY ORDERS OR TASK

ORDERS (FEB 2005)

The United States Government intends to issue Notice to Proceed within 40 calendar days after delivery order or task order is issued.

Section G - Contract Administration Data

OFFEROR'S POINT OF CONTACT

Offeror’s Point of Contact Authorized to Negotiate or Discuss Proposal

Name of Primary: ___________________________ Name of Alternate: ______________________________

Address: ___________________________________ Address: ______________________________________

Telephone Number: __________________________ Telephone Number: ______________________________

Alternate Number: ___________________________ Alternate Number: _______________________________

CONST-G-7180 POST AWARD ADMINISTRATIVE INFORMATION

The contracting officer will provide to the contractor, a listing of the names of the Administrative Contracting

Officer, Contract Administrator, and Construction Inspector (also referred to as the Contracting Officer’s

Representative (COR) or Technical Representative of the Contracting Officer (TRCO), their organizational codes and telephone numbers at the time of award or at the pre-construction conference. This provision in no way authorizes any person other than the contracting officer to commit the United States Government to changes in the terms or conditions of this contract. Reference Section I, DFARS 252.201-7000 entitled Contracting Officer’s

Representative (DEC 1991).

PAYING OFFICE FOR AIR FORCE PROJECTS: Accounting and Finance

DFAS-JRLE/JA-JAPAN AIR FORCE

Building 4

Yokota Air Force Base

Fussa-shi

Tokyo, Japan 197-0001

PAYING OFFICE FOR ARMY PROJECTS: Accounting and Finance

DFAS-JRLF/JA JAPAN ARMY

Building 4

Yokota Air Force Base

Fussa-shi

Tokyo, Japan 197-0001

GEN-G-0001

SUBMIT INVOICES ELECTRONICALLY

Wide Area Work Flow Clause

This contract contains DFARS Clause 252.232-7003, Electronic Submission of Payment Requests and Receiving

Reports (Jun 2012). This clause requires invoices for supplies and services purchased by the DoD be submitted via electronic means. The Wide Area Workflow (WAWF) system satisfies this mandatory requirement. WAWF can be accessed on the internet at https://wawf.eb.mil/.

Before using WAWF, ensure your company’s Electronic Business POCs listed in your System for Award

Management (SAM) are the same individuals that will invoice through WAWF. If they aren't, changes can be made to your company’s SAM profile at https://www.sam.gov/portal/public/SAM/. Click on "Update” or “Renew” using

“TPIN". SAM customer support can be reached at 1-866-606-8220.

If your company’s electronic businesses POCs are correct, contact the WAWF helpdesk at 1-866-618-5988 or by e-mail at cscassig@ogden.disa.mil and ask to establish a group for your company’s CAGE code. The group administrator will also have to call the WAWF helpdesk to request account activation. Once the group is established and the account is activated, your company will be able to create a combination invoice/receiving report using the codes below and instructions available from our contract administrator/buyer.

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Air Force

Pacific at 011-81-3117-55-3068. Please have the order number and invoice number ready when calling about payment status. The accounts payable mailing address can be located in Block 18a of the order. Payment information can be easily accessed using the DFAS web site at http://www.dfas.mil. The purchase order/contract number or invoice will be required to inquire status of payment. Go to DFAS on the web at:

www/dfas.mil/money/vendor.

The contractor shall create one of the following:

[ ] “2-n-1 format” for services only

[ ] “Receiving report combo” for supplies or combination of supplies & services

[ ] “Invoice ” for medical supplies

[X ] “Construction Invoice” for construction

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES THROUGH WAWF

ISSUE BY DODAAC: [FA5270]

ADMIN DODAAC: [FA5270]

INSPECT BY DODAAC: [……]

SERVICE ACCEPTOR: [……]

“SHIP TO” DODAAC: [……]

PAY OFFICE DODAAC: [F68800]

Please send additional emails to all listed:

EMAIL POINT OF CONTACT LISTING: 18 CONS.WAWF@US.AF.MIL

SERVICE ACCEPTOR/INSPECTOR: ____@us.af.mil

CONTRACT ADMINISTRATOR: ____@us.af.mil

Section H - Special Contract Requirements

CONST-H-7200 U.S. DOLLAR VERSUS YEN EQUIVALENT

For the duration of this solicitation the contractor shall use the following exchange rate in determining the Yen equivalent to referenced US dollar amounts in this solicitation provisions/contract clauses $1.00 = JPY103.9439

(FY 15 exchange rate) evaluation of the award. All referenced US dollar amounts in this solicitation provisions/contract clauses are modified to include "or Yen equivalent". Yen rate will be established per delivery order or task order.

CONST-H-7201 REQUIRED INSURANCE (In addition to that required by Japanese Law)

a. The contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance on each vehicle used by the contractor at the work site.

Type: Automobile Property Damage and Bodily Injuries

Amount: JPY3,000,000 or Dollar equivalent for automobile property damage

JPY30,000,000 or Dollar equivalent for bodily injuries

b. Prior to the commencement of work hereunder, the contractor shall furnish to the contracting officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the US Government in such insurance shall not be effective for such period as may be prescribed by the laws of the country of Japan in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the contracting officer.

c. The contractor agrees to insert the substance of this clause, including this paragraph (c) in all subcontracts hereunder.

CONST-H-7202 CONCILIATION

Except as otherwise provided in this contract, any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States - Japan Joint Committee for Conciliation in accordance with Paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of this Treaty of

Mutual Cooperation and Security between Japan and the United States of America. Requests by the contractor for conciliation shall be made in accordance with the following procedures:

a. In the event the contractor desires conciliation after the decision of the contracting officer has been served upon him, he will first file his appeal from such findings of facts with the appropriate authority in accordance with the clause of this contract entitled “DISPUTES”, and within the time limits described therein before filing request for conciliation with the Joint Committee and then request the appellate authority under the clause of this contract entitled “DISPUTES”, to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.

b. The request for conciliation will be submitted by the contractor through the nearest Defense Facilities

Administration Bureau, to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the contractor will immediately notify the contracting officer in writing that the request for conciliation has been filed.

c. In the event the disagreement submitted to the Joint Committee under subparagraph (b) above has been resolved through conciliation, it will be the responsibility of the contractor to notify the appellate authority designated in the clause of this contract entitled “DISPUTES”, of the settlement of the dispute and to withdraw his appeal.

d. In the event the contractor who has submitted a request for conciliation to the Joint Committee under subparagraph (b) above desires; notwithstanding tendency of his request for conciliation, that action by the appropriate authority under the clause of this contract entitled “DISPUTES” be resumed on his appeal, it is his responsibility to so request the said authority in writing. The Joint Committee shall be immediately informed by the contractor of his action taken hereunder.

e. No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the final decision of the appropriate authority under the clause of this contract entitled “DISPUTES” has been rendered.

Pending the hearing of Conciliation Panel the contractor shall proceed diligently with the performance of the contract in accordance with the contracting officer’s decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file in a civil suit.

CONST-H-7204 PERFORMANCE BOND

A performance bond in the penal amount of one hundred percent (100%) for each delivery order/task order of

$150,000 or greater (or Yen equivalent) price shall be submitted within 15 calendar days after the delivery order is issued or prior to the receipt of the notice to proceed whichever comes first.

See FAR 52.228-15. Payment bond has been waived by the Contracting Officer pursuant FAR 28.102-1 (a) (1).

CONST-H-7205 ORDERING PROCEDURE FOR DELIVERY ORDERS OR TASK ORDERS

(a). Pursuant to DFARS Clause 252.216-7006, Ordering, the following activity is the only office authorized to order any supplies and services to be furnished under this contract:

18th Contracting Squadron

Unit 5199, Bldg. 95

APO AP 96368-5199

(b). All delivery orders or task orders are subject to the terms and conditions of the contract. In the event of conflict between delivery order/task order and this contract, the contract shall control.

(c). Pursuant to FAR Clause 52.216-22, INDEFINITE QUANTITY, this is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the schedule are estimates only and are not purchased by this contract.

GEN-H-7951 TAX EXEMPTION CERTIFICATE (AUG 2001)

The Contractor will submit requests for gasoline or diesel oil tax exemption certificates to the Contracting Officer.

This request will show the actual amount of gasoline or diesel oil used exclusively for the performance of this contract, with documentary evidence and detailed item breakdown to certify the accurate consumption of gasoline or diesel oil, or other necessary information and data as may be required. The Contracting Officer will issue to the

Contractor a Tax Exemption Certificate for the actual amount of gasoline or diesel oil used exclusively for the performance of this contract. The Contractor shall claim all tax and customs exemptions as listed in clause CONST-

K-7250, entitled, “EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO

STATUS OF FORCES AGREEMENT”.

GEN-H-7952 JAPANESE ROAD LAWS (AUG 2001)

The Contractor shall comply with Japanese Road Laws while on U.S. military installations to specifically include:

Article 43, The Road Law (Japan) (prohibitive acts relative to roads). No person shall commit the following described acts:

Damaging the road, causing roads to be littered with debris, polluting the roads with debris or fall out from motor vehicles or otherwise defacing roads unreasonably or without due cause.

Article 43-2 (Measures to be taken to prevent cargo or things loaded on motor vehicles from falling out)

The agency managing a road may, when there is reasonable cause for him to feel that items or cargo being carried in or on a motor vehicle may fall out and damage, pollute, or otherwise deface the road in such manner as to hinder or obstruct the traffic, order the operator of the vehicle in question to take steps or measures necessary to prevent occurrence of such hindrance by stopping operation of the vehicle, correcting the method of loading or traveling, or operation of the vehicle.

GEN-H-7953 REGISTRATION OF MOTOR VEHICLES (AUG 2001)

All company-owned and privately-owned motor vehicles required to be on U.S. Government facilities during the performance of this contract must be registered with Vehicle Registration, Camp Foster. Necessary decals and/or permits will be issued and displayed on the vehicles in the manner as directed by the Vehicle Registration Officer.

Vehicle decals shall be removed from vehicles and turned in to Vehicles Registration, Camp Foster, at the end of the contract period or sooner when vehicles are no longer used in the performance of the contract or as directed by the

Contracting Officer.

MINI-MACC TASK ORDER PROCEDURES

This contract provides for the issuance of Task Orders on a negotiated basis as follows:

a. GENERAL:

1. Only the Contracting Officer (CO) may issue Task Order Request For Proposals (TORFP) and Task Orders

(TO) to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the Statement of Work. Unless specifically authorized by the Contracting Officer during an emergency requirement, the Contractor shall not commence work until a fully executed Task Order has been awarded.

2. No other costs are authorized unless otherwise specified in the contract or expressly authorized by the

Contracting Officer.

b. COMPETITION:

1. Only the contractors awarded contracts as a result of this Mini-MACC RFP will compete for subsequent Task Orders.

These contractors are encouraged to participate in all site visits and submit proposals. Contractors are not required to propose on all TORFPs. Those eligible Contractors that decide not to submit a proposal shall advise the Contracting Officer, in writing, of their intention not to submit a proposal on or before the closing date and time established in the TORFP. An election not to propose on a given TORFP will not negatively affect or prohibit a Contractor from competing on future

TORFPs. However, 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, (generally during the last quarter of the fiscal year, July through September), the government will solicit offers for projects for which funds are not certified or readily available. In the Pacific Air Force, these acquisitions are generally referred to as “End of Year Projects”. The contracting officer may solicit offers from Mini-MACC awardees. Submission of proposals for these acquisitions is at the sole discretion of the respective Mini-MACC awardees and their declination to participate in any or all such “End of Year Projects” solicitations will not reflect negatively upon them.

2. The Contracting Officer anticipates that competition will exist for each TO and, generally, two proposals in response to a Task Order Request for Proposal (TORFP) will satisfy the requirement to have competition.

3. Unless the Contracting Officer applies the exceptions per FAR 16.505 (b)(2), each Task Order will be competed.

4. Title 10 USC 9540 (b) limits the fee for producing and delivering designs, plans, drawings, and specifications needed for any public works or utilities project of the Department of the Air Force that obligates appropriated funds. This limitation does not apply to site investigation, studies, or surveys. Similar limitations apply to projects for the Departments of the Army and Navy. This is a statutory cost limitation. The Contracting Officer cannot negotiate a project price that allots more than 6

% of an appropriated fund project’s price for these purposes.

c. DESCRIPTION OF SUBSEQUENT TASK ORDERS:

1. Task Orders will range from $2,000 (or Yen equivalent) to $750,000 (or Yen equivalent); however, some Task

Orders may exceed $750,000 (or Yen equivalent) such projects will be on a case by case basis but shall not exceed

$937,500.00 (or Yen equivalent). 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 or no design.

d. REQUESTING SUBSEQUENT TASK ORDER PROPOSALS:

A Task Order Request for Proposals (TORFP) will be prepared and issued for each task order requirement by the CO.

Generally, the TORFP will include, but is not limited to, the following:

1. Statement of Work;

2. Reporting Requirements and Deliverables (if applicable);

3. Proposal Due Date and how to submit Proposals;

4. Period of Performance of Task Order;

5. Evaluation Factors for Award

All contract clauses contained in this contract shall be incorporated in the TORFP and the resultant task order. If conflicts exist between the contract clauses and the information outlined in the task order, the contract language takes precedence over the information in the task order.

e. SUBSEQUENT TASK ORDER EVALUATION CRITERIA:

1. Price will be evaluation criteria in all task orders. The Contractor will provide their best price for the individual task order in their initial proposal. There are no pre-established labor rates, etc. included within the contract. The Contractor will utilize the Task Order Pricing Template when providing their price for each individual task order. The Government will provide a Task Order Pricing Template for each task order with the TORFP filled in with the categories of work that are anticipated. If the Contractor identifies other categories of work that were not identified (other than administrative), the Contractor shall request clarification from the Government prior to submitting a proposal. If the category of work is to be subcontracted, the Contractor may be required to provide back-up documentation for that work. The back-up documentation will be the multiple quotations received by the offeror, or an explanation as to why there were not multiple quotations received. The Contractor is not required to provide the backup documentation for subcontractors unless it is requested by the Government during negotiations. (this evaluation criteria is applicable to all task orders).

2. The Government may include evaluation criteria in the TORFP other than price. The following includes a list of potential evaluation criteria (this list is not all encompassing):

(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) Price Control

(f) Potential impact on other orders placed with the contractor

(g) Current workload

(h) 10 Concept Drawings (Based on the guidelines outlined in this solicitation Attachment #4a)

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

(j) The most efficient plan to accomplish the work

(k) Rationale for proposed materials, type and quantities

(l) Sustainable design features

(m) Construction narrative approach

(n) Specific technical and/or management capabilities

f. The Contracting Officer will determine for each task order whether utilities are available for the contractor to use.

g. All Contractors will receive e-mail notification advising of the availability of each proposed task order requirement. All proposed task orders will incorporate all terms of this contract unless otherwise specified in the proposed task order.

h. NON-APPROPRIATEED FUNDS INSTRUMENTALITY(NAFI) PROVISIONS: IAW AFMAN 64-302, Special NAF Requirements, Para 6.2. Construction Contracts, construction contracts awarded using NAF may use the FAR as a guideline, However, the process for acquiring construction may be based upon standard commercial practices if such practices are in the best interest of the NAFI.

i. EVALUATION AND AWARD OF TASK ORDER PROPOSALS: The Government will evaluate the Task

Order proposals against the requirements of the TORFP. In addition, the TORFP will identify the basis for selecting a contractor for award. Each TORFP will specify how the award decision will be made.

Upon completion of evaluations, the Contracting Officer will issue a task order to the Contractor whose proposal is most advantageous to the government in accordance with the TORFP. The Contracting Officer will notify all Mini-

MACC contractors of the selection decision in writing.

j. FAIR OPPORTUNITY:

1. In accordance with FAR 16.505(b)(1)(i), each awardee will be given a fair opportunity to be considered for each order issued over $2,000 (or Yen equivalent) unless the following exception(s) apply in accordance with FAR 16.505(b)(2):

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

i. Initial means of rotational selection will be performed by randomly drawn lot. In subsequent urgent requirements, the order of rotation will be maintained; however, the government reserves the right to apply some or all of the criteria in paragraph e. 2 above in the rotation and may exclude those contractors who do not meet the consideration(s) factors.

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

c. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is 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.

d. It is necessary to place an order to satisfy a minimum guarantee.

2. All awardees will be given a fair opportunity to be considered in accordance with the FAR as follows:

a. For orders exceeding $3,000 up to the simplified acquisition threshold ($150,000/$150K), in accordance with FAR 16.505(b)(1)(ii)

b. For orders exceeding the simplified acquisition threshold up to $750,000, in accordance with FAR

16.505(b)(1)(iii)

k. PROPOSAL PREPARATION COSTS: The costs for preparation of Task Order proposals shall be the responsibility of the contractor and are not directly 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.

l. TASK ORDER ISSUANCE PROCEDURES:

1. 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.

2. 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.

3. 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.

4. Task Orders will be firm fixed price and clearly define the specific services to be performed or the performance desired.

5. Task Order projects 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. The Task Order may not have traditional plans and specifications but may include sketches, and requests for catalog cuts, and other submittals. Reference contract Attachment 1, Mini-MACC Construction Specifications, Section 01 01 00, Part I, General for details on Work Element No. 1 (Design-Build) and Work Element No. 2 (Construction Only).

6. 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.

7. Task Orders shall be issued by Contracting Officers assigned to18th Contracting Squadron.

m. DRAWINGS: All drawings, if applicable, accompanying Task Orders will be considered to be a part of the scope of work.

n. TASK ORDER PERFORMANCE PERIOD: 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 include the performance period or impose a performance period for each task order.

o. PREAWARD SITE INSPECTIONS: Upon receipt of the scope of work, including applicable drawings, and following a brief time period for reviewing the documents, the Contractor shall inspect the job site. The prospective project superintendent shall attend the site visit in addition to the appropriate Government personnel.

Any deficiencies, conflicts, or other areas of concern existing in the scope of work and applicable drawings should be brought to the attention of the Contracting Officer, in writing by the Government personnel. The contractor shall also notify the Contracting Officer, in writing, upon observing any features in the design that appear to be ambiguous, confusing, conflicting or erroneous.

p. SUPERVISION: The contractor shall provide for each Task Order, supervision in accordance with FAR

Clause 52.236-6, Superintendence by the Contractor.

q. NOTICE OF CHANGES: Under the “Changes” clause of this contract, only the Contracting Officer may make changes in the work within the general scope of the contract by written order designated or indicated to be a change order. Any other written or oral order from the Contracting Officer that causes a change shall be treated as a change order, provided that the Contractor gives the Contracting Officer a written notice stating (1) the date, circumstances, and source of the order; and (2) that the Contractor regards the order as a change order.

r. 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.

s. CONFERENCE RECORD: The contractor shall within five (5) working days after each conference or discussion, either by telephone or in person, prepare a written record of the meeting and/or discussions and furnish a copy (in electronic format and hard copy) to the Contracting Officer’s Representative (COR) or 718 CES/DPW

Engineer identified in the individual task order via the Contracting Officer. The written report shall include the project name, contract/TO number, subject, the name of the participants, an outline of discussions, the recommendations and conclusions. Number each written record for the particular project under design in consecutive order.

t. 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. The contractor’s key personnel may be required to attend formal partnering meetings for the basic contract at the expense of the contractor. In addition, 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.

u. PERFORMANCE EVALUATIONS: At the conclusion of each Task Order, the Contracting Office will complete a contractor’s performance evaluation and input into Construction Contractor Appraisal Support System

(CCASS), if the contract amount is excess of $650,000.00 (or Yen equivalent). 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. If the contract amount is less than $650,000.00

(or Yen equivalent), a contractor’s performance evaluation will be manually input to DD Form 2626, Performance

Evaluation Construction. The performance evaluations may have an impact on the award of future Task Orders.

Section I - Contract Clauses

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

AUG 2013

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.215-2 Audit and Records--Negotiation OCT 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-21 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data--

Modifications

OCT 2010

52.222-50 Combating Trafficking in Persons FEB 2009

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.227-4 Alt I Patent Indemnity-Construction Contracts (Dec 2007) -

Alternate I

DEC 2007

52.228-2 Additional Bond Security OCT 1997

52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984

52.228-11 Pledges Of Assets JAN 2012

52.228-14 Irrevocable Letter of Credit MAY 2014

52.228-15 Performance and Payment Bonds--Construction OCT 2010

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-17 Interest MAY 2014

52.232-18 Availability Of Funds APR 1984

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-16 Quantity Surveys APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.236-26 Preconstruction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 2007

52.243-5 Changes and Changed Conditions APR 1984

52.245-1 Alt I Government Property (Apr 2012) Alternate I APR 2012

52.245-9 Use And Charges APR 2012

52.246-12 Inspection of Construction AUG 1996

52.246-21 Warranty of Construction MAR 1994

52.247-63 Preference For U.S. Flag Air Carriers JUN 2003

52.248-3 Value Engineering-Construction OCT 2010

52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Alt I Default (Fixed-Price Construction) (Apr 1984) Alternate I APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information AUG 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

MAR 2014

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 2012

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7005 Identification Of Expenditures In The United States JUN 2005

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.225-7021 Alt II Trade Agreements (Oct 2013 ) Alternate II OCT 2011

252.225-7041 Correspondence in English JUN 1997

252.227-7022 Government Rights (Unlimited) MAR 1979

252.227-7023 Drawings and Other Data to become Property of Government MAR 1979

252.227-7024 Notice and Approval of Restricted Designs APR 1984

252.227-7032 Rights In Technical Data And Computer Software (Foreign) JUN 1975

252.227-7033 Rights in Shop Drawings APR 1966

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.236-7005 Airfield Safety Precautions DEC 1991

252.236-7006 Cost Limitation JAN 1997

252.242-7004 Material Management And Accounting System MAY 2011

252.242-7005 Contractor Business Systems FEB 2012

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property APR 2012

252.245-7003 Contractor Property Management System Administration APR 2012

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military

Operations

OCT 2010

252.247-7023 Alt II Transportation of Supplies by Sea (APR 2014) Alternate II APR 2014

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00 (or Yen equivalent), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $750,000.00 or Yen equivalent;

(2) Any order for a combination of items in excess of $1,500,000.00 or Yen equivalent; or

(3) A series of orders from the same ordering office within 5 working days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 working days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract upon completion of final task order (as modified, if necessary).

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor no later than thirty (30) days prior to contract expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under…