Attachment_J-10_NAVFAC_TO_Procedures.pdf

Attachment J-10

NAVAL FACILITIES (NAVFAC) ENGINEERING COMMAND TASK ORDER PROCEDURES

GENERAL:

1. The Government will issue the Request for Proposal (RFP) letter with Proposed Task Order (PTO) Number. RFP letters will be accompanied by a Design Build (DB) Statement of Work (SOW) or Construction-Only Specifications and will normally be issued via electronic mail, but may be placed via mail, telephone, facsimile or other means.

2. The Government is not responsible for any costs incurred or associated with participation in the pre-proposal conference and/or site visit as well as preparation and submission of proposals.

3. Each Contractor is required to submit a reasonable number of good faith proposals for PTOs. The Contractor shall notify the Administrative Contracting Officer in writing on the proposal due date when a Contractor elects not to submit on a particular task order requirement. The contractor shall state the reasons not to submit a proposal in the written notification. Failure to provide this notification may impact future consideration for task orders, see Sec. J, Attachment J-11. ON-RAMP PROCEDURES.

4. The Contractor is responsible for submitting proposals on time. Any proposal, modification, or revision, received at the Government office after the time specified for receipt of proposals will be late and will not be considered unless it meets the requirements of FAR 52.215-1.

5. Task orders will be awarded on DD Form 1155. Task order will be placed in a sequential numbering system, which relate back to the basic contract number and the assigned Task Order (TO) Number. Each task order will include as a minimum:

(1) Date of order

(2) Contract number and task order number

(3) Contract item number and description, quantity, and unit price or estimated cost

(4) Completion Date

(5) Place of performance

(6) Accounting and appropriation data

(7) Method of payment and payment office

Each task order will indicate the terms and conditions, and associated liquidated damages. Additionally, each task order exceeding $150,000.00 will require 100% performance bonds.

6. 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.

7. Modifications to task orders will be issued on Standard Form (SF) 30.

8. In accordance with FAR 16.505(a) (10) (i), no protest under subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task-order contract, except for— (A) A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or (B) A protest of an order valued in excess of $10 million. Protests of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with the procedures at 33.104.

COMPETITION:

1. Competition for issuance of task orders is limited to those awardees under this contract. All awardees will be given a fair opportunity to be considered for each task order unless the Contracting Officer applies one of the exceptions noted in the paragraph c. below. Upon determining the need to issue a task order, all awardees will be considered equally against the stated criteria.

2. Unless one of the exceptions noted below applies, each task order will be awarded, as a result of competition to the contractor whose offer is the most advantageous to the Government considering the criteria specified.

3. The Contracting Officer reserves the right to make award of a task order without competition based upon one of the circumstances described below:

a. The agency need for the work is so urgent that providing a fair opportunity would result in unacceptable delays;

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

c. 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; or

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

e. A statute expressly authorizes or requires that the purchase be made from a specific source.

REQUIREMENT FOR PROPOSALS:

1. Task Orders will be firm fixed price with a specific completion date or performance period and clearly define the specific services to be performed or the performance desired. When Options are included in the Schedule, the Task Order will specify the number of days after award for exercising the Options. Each Task Order will contain applicable clauses and provisions. All Task Orders are subject to the terms and conditions of this contract. In the event of conflict between a Task Order and this contract, the contract will take precedence, except as otherwise noted in the contract documents. The Government reserves the right to incorporate additional clauses, as appropriate, into individual Task Orders solicitations and awards.

2. Proposed price shall remain valid for 90 calendar days after the proposal due date.

3. Task order projects may include Design-Build or Design-Bid-Build projects; may be non-complex, performance-oriented tasks requiring minimal or no design; may be complex construction requiring design development for design-build construction; may include fully developed plans and specifications; or a combination thereof. Projects will be varying in size and complexity. The task orders may be written based on a Government/Contractor Team with cooperative scoping of the work in order to develop a mutually agreed upon Statement of Work. The task order may or may not have traditional plans and specifications but may include sketches, and requests for catalog cuts, and other submittals.

4. Price: Each RFP letter will indicate the detail of pricing information. Normally, a competitive PTO will require only a lump sum or unit price offer, but the Contracting Officer reserves the right to obtain a more detailed cost breakdown of labor, materials, equipment, overhead and profit at any time. In case of discrepancy between a unit price/cost and an extended price/cost, the unit price/cost will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

5. Proposal requirements may include, but may not be limited to, items such as:

a. Past Performance

b. Design or design concept

c. Experience

d. Schedule

e. Technical concept/approach

f. Proposed materials, type and quantities

g. Sustainable design features

h. Total ownership costs - material and/or labor costs

i. Safety

6. Oral presentation may be used to substitute for, or augment, written information and subject to the same restrictions as written information.

7. Design Build Task Order: A RFP may be issued with the amount of funds available for design and construction along with, but not limited to, a Statement of Work, Design Criteria and or concept design. The contractors may be requested to submit a concept design along with a price proposal. Task Order will be issued with a firm fixed price for design and construction. It is the Contractor’s responsibility to design the project so that it can be constructed within the fixed price contract value. Failure to do so is at the Contractor’s risk.

SELECTION CRITERIA:

1. Task Orders may be awarded on the basis of price only; low price technically acceptable (LPTA); or Best Value-Trade Offs. The basis for award will be stated in the PTO.

2. Whenever possible, award will be made without discussions. If discussions are required, each contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

3. In addition to a Cost/Price Factor, Technical Evaluation Factors including, but not limited to, the list below may be used for Source Selection of a Task Order:

a. Experience

b. Technical Solutions

c. Energy and Sutainable Design

d. Past Performance

4. Timely performance by a contractor is very important. Failure to prosecute the work diligently on a currently awarded task order will be cause for the Contracting Officer not to include the contractor in the competitive fair-opportunity pool for future Task Orders. When the contractor’s delinquency has been corrected, they will be considered for competition in future task orders.

SPECIAL NAVFAC CONTRACT REQUIREMENTS

1. NAVFAC TASK ORDER ADMINISTRATION

The Procuring Contracting Officer (PCO) for this contract is the 18th Contracting Squadron Contracting Officers located at Building 95, Kadena AB, Okinawa, Japan. All contracting activities up to, and including, award of the basic contract will be the responsibility of the PCO. Upon award of the contract, the PCO will designate the NAVFAC Far East (FE) as the Administrative Contracting Officer (ACO). NAVFAC FE Contracting Officers designated in writing will be responsible for ordering and administration of the NAVFAC individual task orders.

These individuals may include contracting officers located, or responsible for that specific location, where the work is to be accomplished. These individuals shall possess the authority to act on behalf of the Government with respect to the specific task order. All day-to-day construction contract administration will be the responsibility of the designated ACO.

2. NAVAL FACILITIES ACQUISITION STANDARD (NFAS) CLAUSES. NFAS clauses are provided in Section J of the resulting contract. NFAS clauses are applicable to ALL NAVFAC task orders except as otherwise noted on specific NAVFAC task orders. The Government reserves the right to incorporate additional clauses, as appropriate, into individual Task Orders solicitations and awards.

3. COMMENCEMENT OF WORK. No work under this contract will commence until such time as the Contracting Officer issues a Task Order, either in writing or orally. Oral task orders will be confirmed by the issuance of a written Task Order within five working days.

4. PLACE OF PERFORMANCE. The place of performance will be designated on each individual Task Order.

5. PROPOSAL PREPARATION COSTS. The costs for preparation of Task Order proposals, if required under this contract, shall be the responsibility of the contractor and not directly reimbursable. Each Task Order awarded will include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs. 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.

6. PERFORMANCE BOND. A performance bond in the amount of 100% (unless otherwise stipulated on the individual Task Order) will be required for each Task Order and shall be submitted for approval to the Contracting Officer within 15 days (unless otherwise stipulated on the individual Task Order) of award of a Task Order.

Commencement of construction is contingent upon approval of the required bond.

7. DRAWINGS. Design drawings, if applicable, accompanying Task Orders will be considered to be a part of the scope of work.

8. 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 negotiate a Task Order’s performance period if determined to be in the best interest of the Government.

9. LIQUIDATED DAMAGES. FAR Clause 52.211-12, Liquidated Damages - Construction, will be incorporated into the resultant Task Order identifying the liquidated damages rate applicable to that Task Order. If the contractor fails to complete the work within the time fixed in the Task Order or any extension thereof, the Contractor shall pay to the Government as liquidated damages for each Task Order, the rate cited in the Task Order.

10. REQUIRED INSURANCE:

Within fifteen (15) calendar days after award of this contract, the contractors shall furnish the Administrative Contracting Officer a Certificate of Insurance as evidence of the existence of the following insurance coverage amounts not less than the amount specified below in accordance with FAR Clause 52.228-5, Insurance Work on a Government Installation:

a. Comprehensive General Liability: ¥100,000,000 per occurrence

b. Automobile Liability: ¥40,000,000 per person, ¥100,000,000 per occurrence for bodily injury; ¥4,000,000 per occurrence for property damage

c. Workmen's Compensation: As required by Japanese worker’s compensation and occupational disease laws

d. Others as required by Japanese law.

Above insurance coverages are to extend to contractor personnel operating Government owned equipment and vehicles. The Certificate of Insurance shall provide for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned "Insurance" clause.

11. 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 superintendent shall attend the site visit. 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. 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.