Attachment 42 - MACC IV Contractor Ordering Procedures - 26 Oct 2020.docx

MULTIPLE AWARD CONSTRUCTION CONTRACT IV (MACC IV)

CONTRACTOR ORDERING PROCEDURES

26 OCT 2020

1. ORDERING

Any services to be furnished under this Multiple Award Construction Contract IV (MACC IV) Indefinite Delivery/Indefinite Quantity (IDIQ) contract will be ordered by issuance of Task Orders by the individuals or activities designated in this contract. Any Federal Contracting Officer (CO), at the locations specified in the solicitation, or others as approved in writing by the issuing office CO, are authorized to issue orders under the MACC IV IDIQ contract within the individual’s warrant level. A copy of each task order (SF 1442), and modification (SF 30) issued by the Utah Air National Guard (UTANG) CO (Requesting Activity) will be submitted to the AFSC OL:H/PZIOC CO over the MACC IV (Requiring Activity), at time of execution.

Task orders may be issued from date of contract award until the last day of the basic contract ordering period and any options exercised. The total term of the contract and any options may not exceed 6.5 years. However, task orders issued during the contract period may be completed in accordance with the terms of the task order after the contract period has expired.

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 control. The Government reserves the right to incorporate additional clauses, as appropriate, into individual Task Orders solicitations and awards.

Protests: 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 or delivery-order contract, except for:

(1) A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or

(2) A protest of an order valued in excess of $25 million. Protests of orders in excess of $25 million may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

Ombudsman. If the Contractor believes it was not fairly considered for a particular Task Order, the Contractor may present the matter to the CO. The Contractor may appeal the explanation or decision of the CO to the Ombudsman. The Ombudsman will review the Contractor's complaint, and in coordination with the CO, verify that the Contractor was afforded a fair opportunity to be considered for the Task Order.

2. COMPETITIVE ORDERING PROCEDURES:

When the Government requires work under the MACC IV IDIQ, a FOPR will be issued, as appropriate. Projects will be of varying size and complexity. The request will include information such as a, Statement of Work (SOW), guide specifications, drawings, attachments, information pertaining to a site visit and any other requirements for submission (e.g. proposal requirements, price schedule, etc.). Projects may include, but are not limited to, complete plans and specifications for all elements of work; limited specifications, or Design-Build requirements.

Notification of projects will normally be sent via email. MACC IV IDIQ Contractors shall keep an up-to-date email address on file with the CO at all times. Backup addresses are encouraged. Upon notification, the Contractor shall acknowledge receipt of the FOPR by return email. The CO may make only one attempt to email a proposal offering to a MACC IV IDIQ Contractor. No other means of notification will normally be used. The Government will not be responsible for lack of notification(s) for Contractors who fail to maintain current email addresses, or acknowledge offerings.

(a) Intent of Fair Opportunity Proposal Request (FOPR): The Government's intent is to obtain a design and/or exact price for projects, including design-build and bid-build projects where the requirements may not have been fully defined, but are being considered for MACC IV construction. The Government will only request proposals for projects it expects a Contractor to execute.

(b) Task Order Competition: A wide variety of projects, determined by the CO to be within the scope of this contract, will be offered to MACC IV IDIQ Contractors for the purpose of providing a best price or best value proposal. Individual Task Order awards on those projects will be based on competitive proposals received exclusively from MACC IV IDIQ Contractors.

To satisfy the contracting agency’s Small Business Administration contracting goals/targets, the CO may consider such factors as achievement of Section 8(a), Service Disabled Veteran Owned Business (SDVOB), Economically Disadvantaged Woman Owned Small Business Concern (WDWOSB), Woman Owned Small Business Concerns (WOSB), and HUB Zone goals/targets. Individual projects may be further set-aside for participation exclusively by all awardees in the specified socio-economic group. The Government also reserves the right to set aside task orders for other authorized socio-economic programs approved for use during the existence of this MACC IV IDIQ and implemented by the FAR or DFARS.

All eligible MACC IV IDIQ Contractors, unless a task order is set-aside for a socio-economic group, within their awarded Areas of Consideration, will be provided a fair opportunity to compete for each project offered under this contract unless the following (FAR 16.505(b)(2)(i)) exceptions apply:

(1) The agency’s need for the services or supplies is of such urgency that providing such opportunity to all such contractors would result in unacceptable delays;

(2) Only one such contractor is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized;

(3) The task order should be issued on a sole source basis in the interest of economy or 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 pursuant to the procedures in this clause to be considered for the original order; or

(4) It is necessary to place an order to satisfy a minimum guarantee.

(5) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

(6) For DoD, NASA, and the Coast Guard, the order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.302 (10 U.S.C. 2304c(b)(5)). The public interest exception shall not be used unless Congress is notified in accordance with 10 U.S.C. 2304(c)(7).

Timely performance by MACC IV IDIQ Contractors is very important. Therefore, failure to prosecute the work diligently on a currently awarded task order will be cause for the CO to exclude the Contractor in the competitive fair-opportunity pool for future task orders. When the Contractor’s delinquency has been cured, it will be considered for competition in future task orders.

(c) Notice of Requirement: When issuing a FOPR, the Government notification will include a project number, project title, SOW, specified project magnitude, drawings or sketches (if applicable), Asbestos and LBP report (if applicable), and any special instructions that may exist with respect to the work.

(d) Site Visits: The Government will conduct a reasonable number of investigative visits to the location where the proposed work is to be completed. The purpose of the visit is for the Contractor to gather enough information to prepare their proposal in full. As a minimum, the following will be discussed:

(4) Detailed SOW

(5) Availability of Government As-Built Drawings

The Contractor shall field verify all provided As-Builts, as well as existing field conditions prior to accomplishing any design work. This shall be certified by the Contractor when submitting their proposal.

Offeror’s attendance at site visits is considered vital to preparation of competitive and cost-effective offers, and to understanding the total results desired by the Government. In some cases a walk-through may be determined mandatory in order for a Contractor to submit a proposal; however any mandatory site visit will be clearly identified in the Task Order FOPR. However, failure to attend walk-through may not be used as an excuse for omission or miscalculation in offers. Additionally failure to attend non-mandatory site visits will not be used as part of the evaluation for any task order awards.

(e) Task Order SOW: Written descriptions documenting work required for each MACC IV IDIQ project. The format will follow the construction divisions (i.e. General Requirements, Fire Suppressions, Existing Conditions, etc.) that are applicable for that particular project as part of a partial design. The Government Task Order SOW will also include as a minimum the following:

(1) A listing of the required material/design submittals

(2) A listing of proposed design alternatives (Options), if applicable

(3) A required Period of Performance expressed in calendar days, when necessary

(f) Contractor Proposal: The organization of the proposal should follow the outline of the Task Order SOW and instructions included in the FOPR. Proposals should represent the Offeror’s complete methodology that will be used to meet all of the requirements. The Contractor’s written proposal should amplify the Government’s Task Order SOW by describing how the requirements will be accomplished according to their complete design. The Contractor proposal shall also include as a minimum the following:

(1) Material submittals, when required

(2) Drawings, when required

(3) Written narrative outlining design alternatives (Options), if applicable

(4) Technical narrative in response to Technical Evaluation Criteria, if applicable

(5) Period of Performance provided on a Gantt Chart and expressed in calendar days

(6) Completed Total Evaluated Price (TEP) Worksheet, such as a Construction Cost Estimate Breakdown (CCEB)

(7) A sub-contractor pool list to be used per project, per Contractor to ensure competition is established.

(8) A listing of the applicable technical specifications, identifying the method of work or materials to be used when alternatives are given.

The Contractor’s written proposal and all applicable submittals must be thorough and detailed enough to allow:

(1) Government personnel to monitor and validate work compliance

(2) The Government and the Contractor to estimate the number and type of material items to successfully perform all work

(3) The Contractor to satisfactorily complete all work requirements on time and on budget

(g) Evaluation Method and Procedures: The Government intends to select the most advantageous, responsive, and responsible proposal by evaluating price, past performance, and technical factors. Awards will be made on a best value basis, determined by the following evaluation methods: Lowest Price Technically Acceptable (LPTA), Tradeoff, or Low Price (when a technical proposal is not required and only price will be evaluated). The basis of award of each task order will be stated in the FOPR. Depending upon the requirements of each Task Order, the Contractor will typically provide a price proposal in response to a FOPR. Contractors shall respond within the number of calendar days stated in the FOPR by submitting a proposal to the CO in accordance with requirements stated in the FOPR. In addition to price, the FOPR may indicate in the offering that Past Performance and/or Technical competencies will be considered in the evaluation offer.

Past Performance, within a five (5) year period (unless a different time is specified in the task order), on previously awarded Task Orders under the MACC IV IDIQ or work on any awards completed for the National Guard may be considered, as well as relevant performance evaluations at any location accessible in Government Performance databases. Past performance will be evaluated in terms of quality, timeliness, management effectiveness or other factors that the CO determines to be relevant to award on a particular Task Order. On occasion, when deemed necessary by the CO, technical factors may also be considered.

(h) Government Review: Upon receipt of the Contractor's proposal, the Government will review the proposal for completeness and accuracy. After evaluation, the Government may clarify and/or negotiate with the Contractor the appropriateness of the selected design, submittals, TEP Worksheet prices, and/or the performance time.

The Government may unilaterally accept the Contractor's initial proposal, in total or in part, without discussion or clarification negotiation, unless the Contractor qualifies the estimate by specific limitations.

(i) Award Decision: Whenever possible, award will be made without discussions. If discussions are required, each MACC IV IDIQ Contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range.

If the CO 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 CO 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.

Task Order award will be made based on the best value to the Government in accordance with the criteria described in the FOPR. When price is the only factor considered, award will be based on the lowest reasonable and realistic price received. Proposals unrealistically high or low in price, when compared to the Government estimate, and market conditions evidenced by other competitive proposals received, may be indicative of an inherent lack of understanding of the solicitation requirements, and may result in proposal rejection without discussion.

The award will be a firm fixed-priced Task Order with a specific completion date or performance period.

(j) Award Notification: The CO will provide notice to unsuccessful offerors the same day the Task Order is awarded. For orders exceeding $6 million, see post award notice and debriefing procedures IAW FAR 16.505(b)(6).

(j) Magnitude of Project: The Contractor shall promptly advise the CO if it finds that the project being proposed, will or is likely to exceed the specified magnitude. Upon receipt of such information, the CO will review the Contractor's estimate. The Government may:

(1) Authorize a change in scope or materials as required to reduce the estimated construction cost

(2) Appropriately adjust the magnitude of the project and revise the FOPR

(3) Terminate the project before award

(4) Continue with the specified magnitude through proposal review of all Contractors to verify the magnitude of all proposals

In accordance with Far 36.204 the range of project magnitude shall be defined as follows for minor construction projects:

(a) Less than $25,000

(b) Between $25,000 and $100,000

(c) Between $100,000 and $250,000

(d) Between $250,000 and $500,000

(e) Between $500,000 and $1,000,000

(f) Between $1,000,000 and $5,000,000

(g) Between $5,000,000 and $10,000,000

(h) More than $10,000,000

The range of project magnitude shall be defined as follows for maintenance and repair projects:

(a) Less than $25,000

(b) Between $25,000 and $100,000

(c) Between $100,000 and $250,000

(d) Between $250,000 and $500,000

(e) Between $500,000 and $1,000,000

(f) Between $1,000,000 and $5,000,000

(g) Between $5,000,000 and $10,000,000

(h) More than $10,000,000

The range of project magnitude for equipment is an unlimited dollar amount.

(k) Performance Time: Upon completion of a Site Visit, the Contractor shall respond within the minimum time parameters defined in the FOPR.

3. SOLE-SOURCE ORDERING PROCEDURES:

In the event it becomes necessary to negotiate with one firm on a sole-source basis the following procedures will be used.

(a) Circumstances Permitting Sole Source Orders: All MACC IV IDIQ Contractors will be given a fair opportunity to submit a proposal on projects unless the CO determines one of the exceptions at FAR 16.505(b)(2)(i) apply as detailed in paragraph 1(b) of these Ordering Procedures.

When an exception in FAR 16.505(b)(2)(i) is applicable and the Government is in a sole-source environment, the Contractor will be responsible for preparing a detailed cost proposal by listing quantities of individual work elements needed in lieu of the CCEB. In addition to the exceptions at FAR 16.505(b)(2)(i) a detailed cost proposal will be required when modifications to a task order contract are needed. The following procedures will apply in addition to those previously mentioned above in the Competitive Ordering Procedures section for MACC IV IDIQ.

A FOPR will be issued requiring a detailed cost proposal, in addition to other proposal submission requirements. Task Order negotiations will normally be conducted.

(b) Requirement for Cost and Pricing Data (10 U.S.C. 2306a and 41 U.S.C chapter 35): Unless an exception applies, or a waiver has been granted, cost or pricing data is required at the threshold contained in FAR 15.403-4(a)(1) (currently $2,000,000). When required, the Contractor shall submit to the CO the following in support of any proposal:

(1) Cost or pricing data in the format designated by the CO

(2) A certificate of current cost or pricing data, in the format specified in FAR 15.406-2 certifying that to the best of its knowledge and belief, the cost or pricing data were accurate, complete, and current as of the date of agreement on price or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price.

Subcontractor Proposals. The Contractor to the maximum extent possible shall submit competitive subcontractor proposals. In the event the Contractor is limited to one proposal, the Government will evaluate costs using an independent government estimate, RS Means, and/or Local Market Conditions. The Contractor will require any subcontractor or prospective subcontractor to submit to the prime Contractor or appropriate subcontractor tier cost or pricing data in the format designated by the CO.

(c) Pre-Priced Items: The Contractor's proposal for each project must be supported with the appropriate unit pricing applied according to RS Means Cost Data Pre-Priced Database, or equivalent. The Contractor shall prepare a detailed cost estimate in the specified format by listing quantities of individual work elements needed.

MACC IV Cost Proposal (Pre-priced) Example:

For Informational Purposes Only

Total Minor Item Unit Item Section Code Item Description Qty Unit Price Total

2 Site Work 20724 1400 Demo water closet, floor mounted 0 EA 0.00 0.00 25120 0310 Concrete, 3000 psi, CIP 6x6 mesh broomed, 0 EA 0.00 0.00 no base, 4” thick Division Total 0.00

3 Concrete 33130 4535 Handicap access ramp, railing both sides, 5’ wide 0 LF 0.00 0.00 33134 0300 Sprayed membrane, curing compound 0 CSF 0.00 0.00 Division Total 0.00

7 Thermal and moisture projection 0 SF 0.00 0.00 71102 0050 Elastomeric waterproofing acrylic rubber fluid Applied 20 mils thick Division Total 0.00

8 Doors and windows 81103 0020 Commercial steel doors, 1-3/8” thick, 20 gauge.

2’0” x 6’8” 0 EA 0.00 0.00 Division Total 0.00

Subtotal 0.00

(d) Non Pre-priced Items (NPI): Items of work not contained in the RS Means Cost Data Pre-Priced Database and MACC IV, but within the scope and general intent may be negotiated by the CO. All proposed NPIs shall be separately identified and priced. Proposed NPI prices must be documented by support information as specified below:

1) A minimum of three (3) competitive Contractor quotes, or

2) A complete breakout of material, labor, and other direct or indirect costs required completing the specified item; costs shall be segregated and proposed using the construction cost breakdown (CCEB) or other format approved by the CO.

MACC IV Cost Proposal (Non-priced Items) Format Example:

For Informational Purposes Only

Total Minor Item Unit Item Section Code Item Description Qty Unit Price Total

2 Site Work 20724 1400 Demo water closet, floor mounted 0 EA 0.00 0.00 25120 0310 Concrete, 3000 psi, CIP 6x6 mesh broomed, 0 EA 0.00 0.00 no base, 4” thick Division Total 0.00

3 Concrete 33130 4535 Handicap access ramp, railing both sides, 5’ wide 0 LF 0.00 0.00 33134 0300 Sprayed membrane, curing compound 0 CSF 0.00 0.00 Division Total 0.00

7 Thermal and moisture projection 0 SF 0.00 0.00 71102 0050 Elastomeric waterproofing acrylic rubber fluid Applied 20 mils thick Division Total 0.00

8 Doors and windows 81103 0020 Commercial steel doors, 1-3/8” thick, 20 gauge, 2’0” x 6’8” 0 EA 0.00 0.00 Division Total 0.00

Subtotal 0.00

Note 1: The above Subdivisions/Functions, Descriptions of Unit Prices, and Units of Measure come from the RS Means Cost Data Pre-Priced Database. The Subdivisions/Functions were utilized for cross-referencing purposes.

Note 2: The unit price per unit of measure above shall have a further breakdown of labor, material and equipment by accessing the computer software. The detailed estimate should be prepared using the computer software that breaks down the unit price database pre-priced items.

(e) Government Review: Upon receipt of the Contractor's proposal, the Government will review the proposal for completeness and accuracy. After evaluation, the Government may clarify and/or negotiate with the Contractor the appropriateness of selected design, line items, quantities of all pre-priced and non-pre-priced items, submittals, and/or the performance time.

The Government may unilaterally accept the Contractor's initial proposal, in total or in part, without discussion or clarification negotiation, unless the Contractor qualifies the estimate by specific limitations.