Attachment 2 -- Section H - Special Contract Requirements.docx

CLAUSE H-01: ON-RAMP PROCEDURE

The Government intends to establish an awardee pool under the R3M effort. It will initially establish the awardee pool by competitively awarding multiple IDIQ contracts. Any time during the ordering period, the contracting officer may determine it’s in the best interest of the Air Force to re-establish the solicitation (on-ramp) to manage the size and quality of the pool of contractors in the various regions. These solicitation(s) will be advertised via Federal Business Opportunities.gov (FBO). On-ramps allow the Government to evaluate and consider awarding additional contracts during the ordering period identified in FAR clause 52.216-18, Ordering.

Any awardee already in the awardee pool will not re-compete for an awardee pool position. The on-ramp competitions will use the same evaluation methodology and documentation (updated to reflect changes in regulatory provisions, commercial practices and certifications) as the original competition. Once a new awardee is selected, that awardee will be included in the new awardee pool and will compete for future orders. The ordering period for new contracts being added to the initial awardee pool will coincide with initial awardees ordering period and shall not extend beyond the original ordering period nor shall it reestablish the contract base ordering period. The Government’s actions to make on-ramp contracts effective or to add new effective contracts under the on-ramp process shall not constitute a basis of contractual adjustment or protest for any existing IDIQ contract awardees.

CLAUSE H-02: OFF-RAMP PROCEDURES

At any time during the ordering period of this contract, off-ramps may be used to manage the size and/or quality of the pool of contractors in each region. Off-ramps allow the Government to remove contractors from the ordering pool during the life of the contract. Off-ramps may be initiated if a provider fails to perform identified programmatic tasks or any of the deficiencies listed below. These deficiencies, which may not alone rise to the level justifying a termination for default, permit the Air Force to remove the contractor from the IDIQ bidding pool through a no cost to the Government partial termination for convenience (PT4C) after consulting with any requisite Small Business Administration (SBA) specialists.

This clause in no way modifies the rights and responsibilities of the Government or provider under the FAR clauses above, or the authority provided by the FAR in the Disputes Clause or Changes Clause. The Government reserves all rights to rely on the termination clauses when appropriate. The Government’s right to off-ramp a contractor supplements the termination provisions.

The Government, in its sole discretion, reserves the right to off-ramp an awardee at no cost to the Government for any of, but not limited to, the reasons below as applied to the contractor or any of its subcontractors:

· Failure to consistently adhere to the terms and conditions of the contract

· Unjustifiably late performance of TO workload

· Failure to maintain and provide required data requested by the Contracting Officer or required to be submitted in CDRLs

· Inability of prime contractor or subcontractors performing roofing work to maintain contract required proper certification

· Failure to participate in the annual program management review

· Consistently poor performance as evidence by end-user feedback

· Failure to maintain a demonstrated Experience Modification Rating (EMR) less than 1.0

· Failure to obtain/maintain adequate bonding capacity The Government will provide a 30-day written notice if it intends to off-ramp an IDIQ awardee. However, it is the Government’s intent to maintain a strategic relationship with IDIQ awardees for the duration of the ordering period.

CLAUSE H-03: MANDATORY POST AWARD CONFERENCE

Every IDIQ awardee shall be required to attend a post award conference. This will be accomplished as the first task order (TO). Each IDIQ awardee will receive $1,000 in compensation, no more, no less. In the event that an on-ramp occurs, the additional IDIQ awardees will receive $1,000 in compensation, no more, no less and shall be required to participate in a post award conference which will be accomplished as the IDIQ awardees first TO. On-ramps and off-ramps shall not reestablish contract minimums.

CLAUSE H-04: CONTRACT MAXIMUM AND CONTRACT MINIMUM GUARANTEE

(a) The maximum amount of this contract shall not exceed $325,000,000, which represents the maximum value of business opportunity available under the R3M program. The maximum ceiling amount of $325,000,000 shall be spread amongst all R3M IDIQ contract holders.

(b) In accordance with AFFARS MP 5316.504, an obligation will be recorded for the minimum for this contract, which is $1,000 upon award of the IDIQ for the R3M post award conference to each awardee.

CLAUSE H-05: ORDERING PERIOD AND PERIOD OF PERFORMANCE

(a) The ordering period for orders shall be from the date of the award for a five year period. Any awardees that are on-ramped at a later date will have an ordering period from the date of their award until the predetermined completion date set at initial award of the original IDIQ contract.

(b) Period of performance under this contract shall be cited in individual task orders.

(c) Task orders may be issued at any time during the ordering period. The performance period for each task order will be cited within the order and may not extend beyond the date listed in FAR 52.216-22(d) Indefinite Quantity one (1) year post the last day of the contract's ordering period.

CLAUSE H-06: BASE SPECIFIC TERMS & CONDITIONS

Each installation, when furnishing their individual requirements for Task Order competition, may include base-specific terms and conditions as well as master specifications.

CLAUSE H-07: ROOFING WARRANTY

In accordance with FAR 52.246-21, Warranty of Construction, as called for in the Air Force Construction Guide dated 31 May 2017 para 7.7 found at AFFARS 5336.9002, all work performed under this contract shall conform to the contract requirements and be free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subfactor or supplier at any tier for a period of one year from the date of Government acceptance of the work. In addition, the Contractor must be able to provide the warranty types as defined in appendix D of UFC 3-110-03.” See also SOW para 5.8.

Manufacturers’ warranties that require periodic inspections or repairs at the Government’s expense to maintain the warranty are not permitted. The warranty terms, exclusions, and limits must be enumerated in the specifications and require that all roof curbs and penetration flashings integrated into the roof system are covered under the warranty.

CLAUSE H-08: TASK ORDER SET ASIDES

Prior to setting aside orders to the 8(a) concerns ($250K or less) or any other socio-economic concerns (over $250K) IAW FAR 16.505(b)(2)(i)(F) the ordering contracting officer must perform market research to determine whether firms have sufficient excess bonding capacity to perform and interest in bidding on the task order.

The Offering and Acceptance requirements in FAR 19.804 have been satisfied with this basic IDIQ contract and do not need to be repeated for each individual task order issued against this contract. However, when setting aside task orders for 8(a) firms the ordering CO must notify the cognizant SBA field office that the requirement is set-aside for 8(a).

All orders less than or equal to $250K will be set-aside for competition amongst 8(a) awardees who have been deemed technically qualified to perform the work in the geographic region where the work will be performed. The orders may only be set-aside for further competition if there are two (2) or more 8(a) small businesses in the geographic region where the work will be performed.

All orders greater than $250K will either be open for fair opportunity competition amongst all IDIQ awardees within a region; or, may be set-aside for further competition if there are two or more small businesses representing as the same socio-economic concern in the geographic region where the work will be performed.

The following clauses necessary to set-aside task orders for 8(a) firms are included in Section I of this IDIQ contract and will only become applicable when included in the task order at the discretion of the ordering contracting officer:

· 52.219-13 Notice of Set-Aside of Orders

· 52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns

CLAUSE H-09 ORDERING PROCEDURES

Task Orders processed under this IDIQ contract will be decentralized meaning installation contracting officers [ordering Contracting Officer (CO)] will solicit IDIQ holders in the appropriate geographic region for local requirements and administer the resulting orders. The six (6) geographic regions encompass the Contiguous United States (CONUS) plus Alaska (CONUS+AK).

Active Duty Air Force installations and Joint Bases led by the Air Force located in CONUS+AK (i.e. mandatory use installations) are required to place Task Orders against the resulting IDIQ and do not need to first obtain permission from the program team/Administrative Contracting Officer (ACO). Optionally, Air Force Guard and Reserve, U.S. Army (USA) and U.S. Navy (USN) Active, Guard and Reserve installations (i.e. non-mandatory use installations) located in CONUS+AK, must request permission from the program team/ACO, who shall determine if the MAC IDIQ ceiling has adequate capacity remaining and whether or not the requesting office’s requirements are considered in-scope of R3M. The Agency IDIQ/Task Order Ombudsman is:

Air Force Installation Contracting Center Robert Hixenbaugh 1940 Allbrook Drive, Bldg. 1 Wright Patterson AFB, OH 45433 Phone: (937)257-5529 E-mail: robert.hixenbaugh@us.af.mil

Task orders shall be issued on a Firm-Fixed Price (FFP) basis. The Contract Line Item Number (CLIN) structure on each task order will reflect the FFP for each sub-line item, and must strictly follow the CLIN structure in the IDIQ contract.

Task order competition for subsequent award is as follows:

1. Task Order Proposal Request (TOPR):

a. The ordering CO will initiate the TOPR process by sending a TOPR letter and attachments (hereafter referred to as the TOPR package) to IDIQ awardees in the respective geographic region in accordance with (IAW) FAR 16.505, Ordering, as supplemented. For orders processed IAW FAR 16.505(b)(2)(i)(F), the terms in Clause H-08 must be followed in addition to the procedures of this clause.

b. The TOPR letter should include the following information:

i. Date of package

ii. Proposal due date and name/email address of POC, to submit proposal

iii. Location of roof (base, building number, etc.)

iv. Project specific statement of work

v. Period of performance

vi. Work schedule

vii. Base duty hours

viii. Other requirements documents

ix. Bonding requirements

x. Warranty considerations

xi. Identification of Liquidated Damages rate, if applicable

xii. Identification of Government Furnished Property/Equipment (GFP/E) available, if applicable

xiii. Other pertinent data such as planned closures for federal holidays or other base-related restriction periods.

2. Proposal Submission Process:

a. All Contractors are highly encouraged to submit a proposal for every TOPR under this contract. If no proposals or only one proposal is received, the Government, at its discretion, may revalidate the TOPR requirement. The validation process may include exchanges of information with some or all the Contractors to determine whether there are concerns about the TOPR requirement. Should the requirement be validated, the ordering CO may reissue the TOPR package.

b. The Contractor’s task order proposal shall be submitted to the ordering CO on or before the time and date specified in the TOPR letter. Pricing on task order proposals shall be valid for at least 90 calendar days, or longer if specified by the requiring activity, after the required submission date. The Contractor’s task order proposal shall comply with all TOPR requirements.

3. Proposal Evaluation Process:

a. IAW FAR 16.505(b), ordering Contracting Officers are encouraged to exercise broad discretion in developing evaluation criteria and to streamline the TOPR evaluation process. Proposals may be evaluated using a trade-off or Lowest Priced Technically Acceptable (LPTA) evaluation method tailored as appropriate.

b. The following evaluation factors MUST be considered when awarding a task order:

i. Technical: The ordering activity will review the Contractors proposed technical factor for technical acceptability. The ordering activity may use a combination of technical criteria during TOPR evaluations.

ii. Price: The ordering activity will review the Contractors proposed price using pricing analysis described in FAR 15.404(b).

c. The following evaluation factor MAY be considered when awarding a task order:

i. Past Performance: If evaluated, ordering activities shall utilize the IDIQ performance evaluation report for consideration in their best value award decision and may also reference other sources including but not limited to Federal Awardee Performance and Integrity Information System (FAPIIS), Contractor Performance Assessment Reporting Systems (CPARS), Past Performance Integrated Reporting System (PPIRS), and System for Award Management (SAM), Air Force installations where the Offeror performed, manufacturers who have issued the Offeror its installer/applicator agreements, State Better Business Bureau, Dun & Bradstreet, etc.

4. Notice to Proceed. All contractors shall physically start work IAW the timeframes established in the task order.

a. Planned and Unplanned Closures: The Government will notify the Contractor of anticipated planned closure of the place of performance on the TOPR (e.g. federal holidays or other base related restriction periods); and, in the event of an unplanned closure of facility due to natural disasters, military emergency, or severe weather. Contractors will not bill the Government if work on the task order cannot be performed during these periods.

FA8003-20-R-0001 Attachment 2 -- Section H - Special Contract Requirements