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. 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 LEADING TO A TERMINATION

This clause in no way modifies the rights and responsibilities of the Government under the clauses included in this contract, such as 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 intends to streamline the termination process by utilizing the off-ramp procedures below.

At any time during the ordering period of this contract, off-ramps shall be used to manage the quality of each region’s pool of contractors (hereinafter ordering pool). 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 contractor 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 ordering pool by a termination for convenience at no cost to the Government (IAW FAR 49.502, Termination for Convenience of the Government). This process may also result in the contractor receiving an unsatisfactory CPAR rating for that calendar year.

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

· Use of other regional prime contractors as subcontractors

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

· Failure to obtain/maintain adequate bonding capacity An off-ramped contractor shall not be permitted to subcontract with any IDIQ awardee (initial or on-ramped).

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 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 contracts 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 contract. 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 extend beyond the expiration date of the contract.

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

Specific warranties will be identified by Air Force Installation Civil Engineers and Contracting Officers as part of the Task Order Request for Proposal. The Contractor must be able to provide the warranty types as defined in Appendix D; Warranties to UFC 3-110-03 dated 01 May 2012.

Unless stated otherwise in the TO, all replacement roofs require either a Five Year General Contractor Bonded Water tightness Warranty or a combination of a standard maintenance bond (one or two years) and a manufacturer NDL to fulfill the five year obligation. The TO may waive the Bonding requirement, but if not specified, either the Bonded 5 year water tightness warranty or a combination of a standard maintenance bond (one or two years) and a manufacturer NDL to fulfill the five year obligation is required.

For roofing repair work, the ordering contracting officer may establish warranty requirements above the minimum requirements found in FAR 52.246-21.

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) offerors IAW FAR 16.505(b)(2)(i)(F) the ordering contracting officer must perform market research to determine whether 8(a) 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).

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. Orders may come from Active Duty Air Force Installations and Joint Bases where the Air Force serves as the lead agency.

The Agency Task Order Ombudsman is: Base Specific information will be populated at time of TO award.

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-06 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 proposal 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. After the Government revalidates the TOPR requirement and if only one proposal is received, the ordering CO must follow the procedures at DFARS 215.371. If the requirement is under the Simplified Acquisition Threshold (SAT), please see DFARS 215.371-4(a)(1)(i).

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 if longer 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. Recommended evaluation criteria are available for use in the Ordering Guide. 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 or any one of the recommended 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 will utilize the IDIQ performance evaluation report for consideration in their trade-off award decision.

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.