RFP_Atch_2_-_Special_Contract_Requirements.pdf

FA5613-19-R-0003

Attachment 2

SPECIAL CONTRACT REQUIREMENTS

Multiple Award Construction Contract (MACC)

1.0. GENERAL TERMS

1.1. Contract Type and Length: This is an Indefinite-Delivery Indefinite-Quantity (IDIQ) type contract with a single 5-year Program Ordering Period. Task Orders (TOs) will be Firm-Fixed-Price (FFP) and include a wide variety of individual specific elements of design and/or construction work in Kaiserslautern Military Community (KMC) areas, Spangdahlem Air Base (SAB) areas and all of Germany. The contractor shall furnish all materials, equipment and personnel necessary to design, manage, and accomplish each TO.

1.2. Guaranteed Minimum: The Government will satisfy the minimum guarantee requirement by issuing the seed project task order to a single awardee and task order for €1,000.00 each for the rest of the awardees at the time of the MACC award.

1.3. Contract Maximum: The "maximum", as referenced to in the contract clause FAR 52.216-22, "Indefinite Quantity", is the contract total estimated cost. The Government anticipates that there will be a maximum estimated cost of $425,000,000.00 for the single 5-year Program Ordering Period. This estimated "maximum" amount may only be exceeded through a bi-lateral agreement between the Government and contractor. The contractor must be prepared to perform up to the contract maximum estimated cost of $425,000,000.00. If the Government's requirements for services set forth in the solicitation do not result in orders in the amount described as the "maximum", the event shall not constitute the basis for an equitable adjustment under this contract.

1.4. Performance Evaluation Meetings: The contractor’s personnel responsible for managing the MACC program shall be required to meet, as needed, with the 86 CES/CEN Chief or the 52 CES/CEN Chief, as applicable, and the CO to discuss progress and quality of work being performed.

2.0. NOTICE TO PROCEED (NTP)

A NTP will be issued for each TO placed against the basic contract. The CO reserves the right to determine the issue date of any NTP.

3.0. ORDERING PROCEDURES

As requirements are identified, the Government will issue the Task Order Request for Proposal (TORFP) that will describe the Government’s requirements, along with the required proposal response time. A site visit will be scheduled with the contractor(s) to verify measurements, work components and to negotiate the period of performance of the TO. Firm-Fixed-Price (FFP) TOs will be awarded within the scope of the General Requirements & Provisions (Attachment 1) IAW FAR 16.505, Ordering. The negotiated performance period from the site visit will be incorporated into each TO. All TOs issued hereunder are subject to the terms and conditions of the basic MACC contract. Decentralized ordering is authorized under this contract for 52 CONS, Spangdahlem AB.

3.1. After award of initial contracts, it is the Government’s intention to allow all MACC contractors compete for TOs. However, in rare occasions, the Government may elect not to solicit to all awardees IAW DFARS 216.505-70, Orders Under Multiple Award Contracts. This restricted competition may be to meet minimum order amounts, work requiring special skills or trades, or urgent and compelling schedules. Similarly, contractors may elect not to propose on all requirements.

3.2. Task Order Request for Proposal: When the Government has a requirement for work to be performed, the CO shall issue a TORFP with the following attachments, as applicable: Statement of Objectives (SOO) or Statement of Work (SOW); Schedule of Material Submittals (AF Form 66); Standardized Technical Proposal (STP);

Price Schedule; and any applicable drawings, technical specifications, site map, preliminary or intermediate design, etc. The TORFP shall be in writing and may be transmitted via e-mail. Issuance of TORFPs does not obligate the Government to issue TOs under this contract, nor shall it authorize the contractor to perform any work pursuant to such TORFP prior to the contractor's receipt of a TO award. The Government intends to issue the TORFPs to all contract awardees under this MACC to provide fair opportunity IAW FAR 16.505(b), unless an exception applies IAW FAR 16.505(b)(2).

3.2.1. Pre-Proposal Site Visit: Upon receipt of the TORFP, the contractor shall respond to the TORFP within two

(2) to five (5) working days (or a shorter time period during emergency requirements) by visiting the proposed work site in the company of the CO (or authorized representative), Government Project Engineer(s), and a representative of the using agency (if necessary) to conduct a scope validation site visit and conference during which the following will be discussed (but not limited to):

• Site investigation

• Methods and alternatives for accomplishing work

• Definition and refinement of requirements

• Statement of Work or Statement of Objectives

• Requirements for plans, sketches, shop/design drawings, submittals, etc.

• Preliminary quantities (NOTE: The contractor establishes their own detailed quantity estimates for use in developing their proposal)

3.2.2. Submission of Task Order Proposal: Upon establishment of the scope of the individual requirement, the contractor shall then prepare their technical proposal and price proposal for submission to the CO in electronic format only unless the CO specifically requests a hard copy (i.e. due to corrupted media format or Internet outage, etc.). All TO proposals shall contain all information required for the Government to conduct an adequate and accurate evaluation:

(1) Technical Proposal: In general, the technical proposal will include, but not limited to:

a) Work Element No. 1, Construction Effort Without Design Needed: Identified tasks, refined quantities, concept drawings (if requested), performance time, estimated performance time breakdown, product specification sheets for main components (if applicable), phasing plan (if requested), and a detailed SOW.

b) Work Element No. 2, Construction Effort With Design Package Provided: Performance time, estimated performance time breakdown, product specification sheets for main components (if applicable), phasing plan (if requested), and a detailed SOW.

c) Work Element No. 3, Partial Design-Build Effort: Identified tasks, refined quantities, performance time, estimated performance time breakdown, essential product specification sheets, phasing plan (if requested), and a detailed SOW.

(2) Price Proposal: The price proposal shall reflect a breakdown of the proposed labor categories, proposed hours per labor category, and proposed labor rates per labor category for the design effort (if applicable).

The contractor shall be evaluated on a total proposed price for the entire effort. Each construction work item of the price proposal shall consist of position numbers, description, and quantity, unit of quantity, unit price and total price. Up to 10% construction work items can be provided under “lump sum” quantity.

Exception may be made for Work Element No.3, when only a pre-concept design is provided by the Government. In that case, the price proposal shall be provided IAW DIN 276 broken down to 3rd level.

(3) Project Classification: From the date of the site visit, the time allowed for submittal of the contractor's proposal for individual requirements will be as follows, unless otherwise directed by the CO. Classification of projects as Routine, Urgent or Emergency will be determined by the Government:

• Routine: For Work Element No. 1, proposals shall be submitted to the CO within ten (10) workdays after the site visit. For Work Elements 2 & 3, proposals shall be submitted to the CO within 30 workdays. (NOTE: Depending on the complexity of a project, the proposal due date may be discussed/negotiated at the site visit.) Projects will be classified as "Routine" approximately 80% of the time.

• Urgent: Proposals shall be submitted to the CO within three (3) workdays after the site visit, unless the mission dictates a shorter time period. This classification is not applicable to Work Elements No. 2 & 3. Projects will be classified as "Urgent" approximately 15% of the time.

• Emergency: Proposals shall be submitted to the CO within eight (8) hours after the site visit.

This classification is not applicable to Work Elements No. 2 & 3. Projects will be classified as "Emergency" approximately 5% of the time.

3.2.3. Task Order Proposal Evaluation: Upon receipt of the contractors’ proposals, the Government will evaluate the proposals for the technical acceptability and price reasonableness, utilizing any method for the best value continuum (Lowest Price Technically Acceptable (LPTA) or Tradeoff) IAW the DoD Source Selection Procedures.

Typically the evaluation methods will correspond with the level of design or complexity of the proposal to be submitted. Each TORFP will state evaluation criteria and the method of selection. The TO will be awarded only to a contractor whose proposed price is determined fair and reasonable; and who is determined to be responsible.

3.2.4. Requirement Cancellation: If, after following the evaluation procedures outlined in the TORFP, no proposal is acceptable or the Government loses the funding for the project; or if the project is no longer required prior to proposal acceptance, the Government reserves the right to cancel the requirement without any reimbursement to the contractors. The Government will notify all contractors of the cancellation.

3.2.5. Proposal Preparation Fees: The costs for preparation of TO proposals (including any design costs), if required under this contract, will not be provided or reimbursed to any competing MACC contractors.

3.2.6. No-Bid Letter: All contractors shall propose on each TORFP issued under this contract, unless a written determination (i.e. “No-bid Letter”) is forwarded to the CO which documents why a contractor is unable to propose.

This No-bid letter shall be forwarded to the CO as soon as possible but no later than one (1) day prior to the TORFP closing date. The CO reserves the right to utilize the off- ramp procedures for a contractor's continued submittal of "no bid" letters (See 8.0. On/Off Ramps for details).

3.3. Performance Period: Each TORFP issued will include a Government desired/required performance period.

The contractor may propose a different period of performance for any given TO. If necessary, the performance period will be negotiated during the initial site visit. The CO will have the final decision regarding performance period.

3.4. Liquidated Damages: Liquidated damages, if applicable, will be identified on each TO.

4.0. TASK ORDER INFORMATION

4.1. Task Orders will be issued for CLIN 0001 (projects for Ramstein Air Base areas) or CLIN 0002 (projects for Spangdahlem Air Base areas), as applicable, by the CO using a DD Form 1155. Each task order will include the following information:

• Date of the task order

• Contract number, task order number and project number

• Scope of work, location (building number or area) and task order total price

• Delivery or performance data

• Accounting and appropriation data

• Any other pertinent data

4.2. The contractor’s proposal on every TO must be supported by necessary documentation, as required, to indicate that adequate engineering and planning to accomplish the requirement have been done so as to minimize any delays in the construction process. Examples of documentation required for submittals that might reasonably be expected include sketches, drawings, calculations, catalog cuts, specifications, architectural renderings, detailed scope of work, etc. All such design submittals must be approved by the CO prior to start of any actual construction or demolition work.

5.0. TIME EXTENSIONS (Weather)

5.1. In case of unusually severe weather, a time extension may be granted. The listing below defines the monthly anticipated adverse weather delay days for the contract period:

JAN – 8 days FEB – 8 days MAR – 6 days APR – 5 days MAY – 3 days JUN – 1 day

JUL – 0 days AUG – 0 days SEP – 3 days OCT – 5 days NOV – 6 days DEC – 7 days

5.2. The above schedule of monthly anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the NTP and continuing throughout the contract on a monthly basis, actual adverse weather days will be recorded by the contractor on a calendar day basis (including weekends and holidays) and compared to the monthly anticipated adverse weather days above. The contractor shall prove to the CO all severe weather delays with a full justification (to include official daily weather report print-outs, concrete curing temperature specifications, etc.). The CO reserves the right to deny weather delay claims that are not fully justified.

5.3. The number of actual adverse weather days shall be calculated chronologically from the first to the last day in each month. Once the total number of actual adverse weather days anticipated above has occurred, the CO will examine any subsequently occurring adverse weather days to determine whether a contractor is entitled to a time extension. These subsequently occurring adverse weather days must prevent work for 50% or more of the contractor's workday and delay work critical to the timely completion of the project. The CO will convert any delays meeting the above requirements to calendar days and issue a modification.

5.4. The contractor's TO progress schedule must reflect the above anticipated adverse weather delays on all weather dependent activities.

6.0. WARRANTY SERVICE REQUIREMENTS

In addition to DFARS clause 252.246-7002, Warranty of Construction (Germany), the following applies:

6.1. The contractor shall furnish, as a minimum, 1 primary and alternate name and telephone number of their management staff, available 24 hours per day, 7 days per week, for the life of this contract to respond to warranty situations.

6.2. Following notification by the CO (or authorized representative), the contractor shall respond to a warranty service requirement identified by the CO (or authorized representative) in accordance with the "Warranty Service Priority List" of this program. This list defines and prioritizes warranty work into the following categories:

a) Emergency - Emergency deemed by 86 CES/CENM or 52 CES/CENM such as a life-threatening situation caused by a utility outage deemed hazardous to the safety of personnel. The contractor shall perform on-site inspection to evaluate situation, determine course of action, and initiate work within 2 hours of notification and work continuously to completion.

b) Urgent - All utilities, including HVAC, plumbing and electrical. Also, intrusion alarm systems, all roof leaks, kitchen equipment, and fire detection/protection and sprinkler systems. The contractor shall perform on-site inspection to evaluate situation, determine course of action, and initiate work within 24 hours of notification and work continuously to completion.

c) Routine - All other work to be initiated within 48 hours of notification and work continuously to completion.

6.3. Should parts be required to complete the work and these parts are not immediately available, the contractor shall have a maximum of 12 hours after arrival at the job site to provide the CO with firm, written proposals for emergency alternatives and temporary repairs for Government participation with the contractor provided emergency relief until the required parts are available on site for the contractor to perform permanent warranty repair. The contractor's proposal shall include a firm date and time that the required parts shall be available on site to complete the permanent warranty repair. The CO will evaluate the proposed alternatives and select the alternative considered to be in the best interest of the Government to reduce the impact of the emergency condition. Alternatives considered by the CO will include the alternative for the contractor to "do nothing" while waiting until the required parts are available to perform permanent warranty repair. Negotiating a proposal, which will require Government participation and the expenditure of Government funds, shall constitute a separate procurement action by the Government.

7.0. NOTES REGARDING WORK HOURS

7.1. Standard Working Hours. The contractor shall perform tasks during the standard working period of 0600 to 1800, Monday through Friday, excluding German Holidays. Standard work hours also apply to work on an American Holiday when the work is pre-approved by the CO. The Government estimates that work will be performed during standard hours 90% of the time. This figure is only an estimate. The contractor is not entitled to an equitable adjustment if actual work performed reflects a different value.

7.2. Non-Standard Working Hours. Non-standard working hours are defined as the period from 1800 to 0600, Monday through Friday, as well as weekends and German Holidays. The Government estimates that work will be performed during non-standard hours 10% of the time. This figure is only an estimate. The contractor is not entitled to an equitable adjustment if actual work perfo1med reflects a different value.

7.3. Items of work to be accomplished during non-standard hours shall be clearly identified in contractor technical/cost proposals, including justification for the request. The contractor may elect to work during non-standard hours (1800 to 0600); however, a request must be submitted in writing to the 86 CEG or 52 CES Chief of Engineering at least 48 hours in advance and approved by the CO.

8.0. ON/OFF RAMPS

All received proposals under this solicitation will be evaluated in accordance with the terms and conditions of the solicitation. The Government will then award a target of five (5) MACC IDIQ contracts. However, the Government may also reserve a vendor pool of approximately two (2) On-Ramp contractors in case an additional MACC awardees are needed in the future. The On-Ramp contractors will be selected based on ranked evaluation results from the initial MACC solicitation in order of ranking (e.g. #6 and #7 after the 5 contract awardees). If selected, the On-Ramp contractors will be notified with their evaluation ranking status at the time of the initial MACC contract awards. NOTE: The reserved on-ramp pool members will not participate as a prime contractor in any MACC task order competition. Instead, if the Government decides to on-ramp, the pool members will have a right of first refusal per sequential order (see paragraph 8.2.1) to be awarded a prime contractor without further competition, provided the reserved pool member is determined responsible. No other rights, obligations or liabilities are attached to either the reserved pool member or the Government beyond what is stipulated in this paragraph.

The Government reserves the right to remove from or add to the existing pool of MACC awardees by utilizing “on-ramp” and/or “off-ramp” procedures specified below:

8.1. Off-Ramp Procedures: The Off-Ramp process under the MACC contract encompasses several methods by which the Government may exercise its right to remove a contractor from the pool of MACC contract awardees.

The Off-Ramp methods include, but are not limited to, procedures specified below:

FAR Part 49--Termination of Contracts, for contractors or orders thereunder (Termination for default, Termination for Convenience of the Government, termination with No-Cost Settlement)

8.1.1. The Off-Ramp clause in no way modifies the right and responsibility of the Government or contractor under the FAR Part above, or the authority provided by the FAR in the Disputes Clause or Changes Clause. In the event of any conflict between the terms of this clause and above mentioned FAR clauses, the terms of the FAR clauses (as applicable) shall take precedence.

8.1.2. The Government, in its sole discretion, reserves the right to off-ramp a contractor for the following, but not limited to, reasons below:

• Excessive submittal of “No Bid” letters in response to TORFPs

• Failure to self-perform at least 25% of the work

• Consistently poor TO performance as evidenced by customer feedback to the Contracting Officer (CO) or an Unsatisfactory rating on Contractor Performance Assessment Reporting Systems (CPARS)

• Unresponsiveness to warranty work

• Late performance of TO workload (other than Government caused delays)

8.1.3. The Government will provide a 30-calendar day written notice if it intends to off-ramp a MACC contractor.

The Government reserves the right to off-ramp a contractor from the MACC and to complete all ongoing Task Orders awarded prior to when the off-ramp occurred.

8.2. On-Ramp Procedures: The Government reserves the right to “on-ramp” additional contractors at any time during the life of this MACC contract by on-ramping the selected On-Ramp contractors. On-ramping a contractor(s) may take place at any time after the initial set of MACC awardees in order to enhance the competitive environment of task order solicitations under the originally awarded MACC contracts. This may be due to any reason, including the lack of robust competition for Task Orders or a shrinking of the competitive pool of original MACC awardees under this solicitation. The On-Ramp procedures are described below:

8.2.1. If it is determined to be in the Government’s best interest to add contractors to the existing pool of the MACC awardees, an on-ramp may be executed at any time during the terms of the MACC. In this event, #6 ranked On- Ramp contractor will be subject to meeting the standard contractor responsibility criteria described by FAR Part

9.104. If determined responsible, the Government will send written notice of its intent to on-ramp that contractor with effective date of potential award at least 30 days prior to the intended award date. If the notified #6 On-Ramp contractor does not agree to accept the Government’s offer to be on-ramped for any reason, the offer will be rescinded and the same offer will be made to #7 On-Ramp contractor. Once on-ramp is completed, the on-ramped contractor will become an additional MACC awardee. This new contractor will then be offered a MACC IDIQ contract with an original guaranteed minimum and will be eligible to compete for future TORFPs issued against the basic MACC. The Government will promptly send a written notice to existing MACC contract awardees of any on-ramped contractor(s). The Government will not consider unsolicited requests for additional contractors.

8.2.2. In addition to the above, the Government reserves the right to on-ramp one or more new MACC contractors by reopening the competition using a separate solicitation and evaluation criteria at any time during the term of the MACC ordering period to add more MACC contracts to the existing pool of MACC contract awardees. In this case, the Government will advertise the reopening of the competition on FedBizOpps (FBO). The anticipated number of awards will also be announced in the reopening announcement posted to FBO; however, the CO has the discretion to award more or fewer contracts than the number anticipated in the solicitation depending upon the quality of the offers received. The evaluation and selection of new contract awardees for any on-ramp shall meet the requirement established in the initial RFP and be subject to the same evaluation and award criteria used for the initial MACC contract awards. Current MACC contract holders will not re-compete.

8.2.3. Under either method of on-ramping procedures, any additions due to on-ramps will not impact the contract ceiling and will not exceed the ordering period or period of performance for that length of time remaining on the originally awarded MACC.