FUELS SOW Draft 20231215.pdf

STATEMENT OF WORK

FOR

INDEFINITE-DELIVERY, INDEFINITE-QUANTITY (IDIQ) MULTIPLE AWARD

TASK ORDER CONTRACT (MATOC) FOR WORLDWIDE DEPARTMENT OF

DEFENSE PETROLEUM, OIL, AND LUBRICANT SYSTEMS CONSTRUCTION

AND REPAIR SERVICES

“FUELS MATOC”

15 Dec 2023

SOLICITATION NUMBER: FA8903-24-R-0003

1. General: This requirement is for a Multiple Award Task Order Contract (MATOC)

Indefinite-Quantity (IDIQ) construction and repair contract supporting the U.S. Air Force’s and

Other Department of Defense (DoD) Petroleum, Oil, and Lubricant (POL) systems at DoD installations world-wide. This Statement of Work establishes the general requirements for the performance of a full range of construction, repair, and/or service activities for DoD POL facilities. Individual Task Orders to be assigned under this contract will identify specific requirements.

2. Scope: The scope of services to be ordered under this contract include those defined as “DoD POL system repairs” or “DoD POL system maintenance”, as follows:

2.1 “DoD POL System Repairs” (also known as “Construction”): is defined as any construction for new, additions to, repairs, or upgrades of DoD POL facilities including above-ground storage tanks, underground storage tanks, cut-and-cover tanks, hydrant fuel distribution systems including its pumps, valves, pump houses, filtration, distribution pipelines, and hydrant system controls. It also includes bulk storage systems, military service stations, filter separators, product recovery, and system controls, buildings including pump houses, petroleum operations buildings, fuel truck maintenance buildings, or generator buildings. Work could also include new, repairs, upgrades, or additions to POL facility-related site utilities, aircraft parking aprons, containment areas, (pavement and drainage basin), fuel pits, fill stands/offloads, or POL facility-related cathodic protection, fire protection, special coatings and paints, hazardous material abatement/removal, civil, security fences, or demolition of existing

DoD POL tanks and buildings. Projects are typically subject to American Petroleum Institute

(API) and Steel Tank Institute (STI) standards, as well as the UFC 3-460-01.

2.2 “DoD POL Maintenance Services” (also known as “Maintenance”): is defined as planning and execution of recurring, periodic, or scheduled work to preserve a facility or system by preventing its deterioration, prevent component failure, prevent unscheduled outages, and identify components requiring replacement or repair. Maintenance tasks involve routine inspections, tests/checks, calibrations, troubleshooting, adjustments of petroleum fuel systems, and identifying required repairs in accordance with UFC 3-460-03. It includes all consumables such as oils/lubricants, gaskets, nuts/ bolts, filters, or other items required to complete the recurring maintenance task, as well as identification of any repairs that may be found during inspection/maintenance. Most resultant need for repairs will be accomplished as a

“DoD POL System repair” (construction requirement); however, incidental minor repair may be performed up to 50% of the original task order award.

3. Definitions

3.1. Fully Defined Project – A project that is 100% designed or contains sufficient specifications that it can be competed without entering into negotiation of terms or contingencies, and the risk of unsuccessful performance is minimal.

3.2. MATOC Pricing Year #: A MATOC pricing year is defined as the date of award or anniversary of award through 12 months. MATOC pricing year 1 will be the date of award through 12 months. MATOC pricing year 2 will be the first anniversary of the award through a sequential 12 months. MATOC pricing year 3 will be the second anniversary of the award through 12 months and so on. Updated pricing will be effective as of the day it is emailed to each awardee.

3.3. “DoD POL facilities” includes Petroleum, Oil, and Lubricants (POL or `fuels') facilities that are located on a United States Department of Defense installation (Army, Navy, Air Force, Space Force, Marines, Army or Air Force National Guard, or Reserve bases). It does not include facilities on a Coast Guard base, NASA location, or any other federal, commercial, or private facility. DoD POL facilities include fuel farms, above ground storage tanks, underground storage tanks, cut-and-cover tanks, hydrant fuel distribution systems including piping, pumps, valves, hydrant and filter separators, oil water separator, bulk storage systems, transfer pump houses, POL control systems, stilling wells, containment areas, fuel pits, and fill stands.

4. Place of Performance. Task Orders may be issued for any location worldwide, to work within and outside of the United States. The specific place of performance will be identified at the task order level.

5. POOLS: This contract is divided into three distinct technical “Pools” and a 4th 8(a) Pool.

a. At the task order level, the Government Team will evaluate each project requirement and determine the applicable pool. If the preponderance of the project’s work is for specialized API 653 Repairs or Hydrant System Repairs, the project will be solicited to applicable MATOC Holders qualified for those specialized Pools. All other projects will be solicited to applicable MATOC Holders in the General Pool. Applicable

MATOC holders are determined based on the ordering procedures below. In most cases, if a project is fully defined, that project will be competed among firms in one of the applicable technical pools. In most cases, if the project is not fully defined, it will be issued as an 8(a) sole source task order against Pool 4. The scope of each pool is as follows:

i. POOL 1: General DoD POL Repair and Maintenance Pool (General Pool):

All MATOC Holders are included in this pool. The scope of this General Pool includes any and all types of DoD POL Construction and Maintenance as defined in the scope above, EXCEPT repairs where the preponderance of work is for repairs that fall within the API 653 Tank Repair Pool or the Hydrant

System Repair Pool. This General Pool also includes scope for DoD POL

Maintenance Services.

ii. POOL 2: Specialized API 653 Tank Repair Pool (API 653 Pool): Only those

MATOC Holders that have been determined qualified for participation in the

API 653 Pool are permitted to participate in Task Order solicitations for this work. New construction of field-erected and/or cut and cover fuel tanks pursuant to API 650, and/or tank repair projects resultant from API 653 inspections (or modified API 653 inspections) in which the construction requires performing multi-disciplinary repairs, such as mechanical repairs, electrical, structural, civil, patch plate/pit repairs, welding, and/or coatings.

iii. POOL 3: Specialized Hydrant System Repair Pool (Hydrant Pool): Only those MATOC Holders that have been determined qualified for participation in the Hydrant System Pool are permitted to participate in Task Order solicitations for this work. Hydrant System Repairs may include new construction and/or repair of JP/Jet-A military aircraft Type 2, 3, 4, or 5 hydrant fueling systems and use multi-disciplinary repairs such as mechanical, electrical, structural, or civil construction or repairs to hydrant systems. Hydrant systems include hydrant pumps, hydrant valves, hydrant pits, hydrant pump houses, hydrant filtration systems, hydrant distribution pipelines, hydrant system controls, motor control centers, and associated structures.

iv. POOL 4: 8(a) Pool: This Pool is set-aside specifically for execution of 8(a)

Sole Source Task Orders. All 8(a) firms awarded a contract on this MATOC are automatically placed in this 8(a) Pool. If the Task Order CO elects to award directly to a firm in this 8(a) Pool, the projects selected can be of any type of

Construction or Maintenance scope described in this FUELS MATOC SOW, and can be of any dollar value, subject to the limitations established at FAR

19.8. Task Orders will not be competed within this pool and will be primarily for projects that are not Fully Defined, such that the Government can work directly with the 8(a) firm to finalize the scope and include assumptions and/or exceptions, to ensure a mutual understanding of the work to be performed at the price negotiated.

b. Similarly, the pricing structure of the IDIQ is broken into two categories: CONUS and

OCONUS. For the purposes of pricing, Contiguous United States (CONUS) means the

48 contiguous States and the District of Columbia, and OCONUS means outside of the contiguous United States to also include the Non-Foreign OCONUS Area (the states of

Alaska and Hawaii, the Commonwealths of Puerto Rico and the Northern Mariana

Islands, Guam, and U.S. territories and possessions).

6. Key Personnel: The Contractor agrees that a partial basis of contract award are the key personnel proposed, including those employed by the Joint Venture, if applicable. Accordingly, the Contractor agrees to assign under the contract those key personnel who were provided with the proposal, or later approved as alternates by the Government as provided below, to their applicable roles. The contractor shall notify the Corporate Contracting Officer (CCO) and

Corporate AFCEC Program Manager (CPM) of any proposed key personnel changes at least ten

(10) calendar days in advance of the anticipated change. The Government reserves the right to reject proposed changes in key personnel, and/or determine a contractor ineligible to receive task order awards if the contractor does not maintain the qualified key personnel required by this contract. Prior to exercise of any Option, and at any other time at the CCO’s discretion, the contractor will be required to confirm that the required personnel are still actively employed, to include key personnel required to participate in one of the specialized pools, as applicable. All key personnel must be employed by the Prime Contractor (or one of its JV partners, if applicable).

6.1 For key personnel qualification purposes, the following definition applies: “DoD POL

Wetted System Repairs,” is defined as any construction or repair of DoD POL WETTED facilities, in accordance with UFC 3-460-01, where the construction/repairs are MECHANICAL

OR ELECTRICAL in nature, for the following types of wetted DoD POL facilities: above ground storage tanks, underground storage tanks, cut-and-cover tanks, hydrant fuel distribution systems including pumps, valves, hydrant and filter separators, bulk storage systems, pump houses, fuel pits, and fill stands. The work must have been substantially mechanical and/or electrical construction/repair in which the facility or asset constructed/repaired was out of service. Coatings, abatement, cathodic protection, civil works, demolition, or maintenance-type efforts are NOT considered Wetted Systems. Construction/Repair to DoD POL-related facilities that do NOT touch fuel during normal daily operations (containment, canopies, fuels operation facilities, buildings, pavement, etc) are NOT considered Wetted Systems.

6.2 Corporate Key Personnel Requirements: The Contractor shall assign and directly employ the Corporate Key Personnel who meet the below minimum qualifications. For the CCO to approve any requested changes in Corporate Key Personnel after award, the replacement individuals must meet the following minimum qualifications:

a. All Corporate Key Personnel must be directly employed by the Prime Contractor (or JV entity, if applicable). “Contract, zero-hour, and/or consulting” staff will not be considered to meet the current Key Personnel requirement for being “directly employed by the Prime Contractor.” Corporate Key Personnel shall serve in the single key personnel role and thus shall not be dual-hatted or hold any other duties/positions.

b. Program Manager: The Program Manager is responsible for the firm’s overall DoD

POL program. DoD POL Project Managers, Corporate QC Manager, and Corporate

Safety Manager shall report to the Program Manager for DoD POL-related efforts. The

Program Manager must have a minimum of 10 years of experience actively working in

DoD Construction Management, either as a Program Manager, Project Manager, Construction Manager/Superintendent, or QC Manager. The Program Manager must also have completed at least TWO (2) DoD POL Wetted System Repairs projects of at least $500,000 within the past five years from the date the substitution/replacement is requested. This experience must have been in a PgM, PM, CM/Superintendent, or QC

Manager role.

c. Corporate QC Manager: The Corporate QC Manager is responsible for the firm’s overall QC program, providing oversight and guidance to on-site DoD POL Quality

Control Managers and associated projects. The Corporate QC Manager also provides quality assurance of the firm’s quality control program. The Corporate QC Manager reports all DoD POL quality control-related issues and concerns to the Program

Manager. The Corporate QC Manager must have a minimum of TEN years of experience as an On-site and/or Corporate Quality Control Manager for DoD construction projects. Experience does not need to be for DoD POL system repairs but must be for DoD construction projects.

d. Corporate Safety Manager: The Corporate Safety Manager is responsible for the firm’s overall Safety program, providing oversight and guidance to on-site Site Safety and

Health (SSHO) Managers and associated projects. The Corporate Safety Manager also provides quality assurance of the firm’s overall safety program. The Corporate Safety

Manager reports all DoD POL safety-related issues and concerns to the Program

Manager. The Corporate Safety Manager must have a minimum of TEN years of experience as an On-site and/or Corporate Safety Manager for DoD construction projects. Experience does not need to be for DoD POL system repairs but must be for

DoD construction projects.

e. Project Manager: A Project Manager is responsible for the execution of individual DoD

POL construction projects. The Project Manager must have a minimum of FIVE (5) years of experience as a Project Manager for DoD construction projects. Experience in any other role, to include Construction Manager/Superintendent or QC Manager will not be considered acceptable. The Project Manager must also have served as Project

Manager for at least TWO (2) DoD POL Wetted System Repairs projects of at least

$500,000. The projects must have been completed within the past five years from the date the substitution/replacement is requested, and the Project Manager must have served in the Project Manager role for all pre-construction activities, and at least half of the field construction duration of the project.

6.3 On-site Key Field Personnel Requirements. The Contractor shall assign and directly employ the On-Site Key Field Personnel who meet the below minimum qualifications. For the CCO to approve any requested changes to On-Site Key Field Personnel after award, the replacement individuals must meet the following minimum qualifications, PER

APPLICABLE POOL, noting that to be qualified to participate in task order solicitations for any given pool, the contractor must maintain at least TWO qualified Site

Superintendents/SSHO and TWO qualified Onsite Quality Control Managers (QCM). Note that the same Superintendent/SSHO can be utilized for multiple Pools (if qualified), and the same QCM can be utilized for multiple Pools (if qualified), but a single individual cannot serve in both a Superintendent and QCM role either within the same Pool or in multiple

Pools.

a. FOR ALL POOLS:

1) All On-site Key Field Personnel must be directly employed by the Prime

Contractor (or JV entity, if applicable). “Contract, zero-hour, and/or consulting” staff will not be considered to meet the current Key Personnel requirement for being “directly employed by the Prime Contractor.” On-site Key Field Personnel shall serve in the single key personnel role and thus shall not be dual-hatted or hold any other duties/positions, except that the Superintendent may also serve as a Site Safety and Health Officer (SSHO). All personnel in positions designated as “On-site” or “Site” must be physically present at the job location during mobilization. Virtual or remote management of the site is not permitted.

2) Site Superintendent/SSHO: The Site Superintendent has the onsite authority to act for the contractor and is responsible for the onsite coordination, management, and execution of all onsite activities. The Site Superintendent is also dual-hatted to cover the duties of the Site Safety and Health Officer. Each Site Superintendent must demonstrate a minimum of 5 years of experience as an onsite DoD

Construction Superintendent. Roles as a Project Manager, QC Manager, or any other position will not be considered. Site Superintendents must also serve as

SSHO and thus each superintendent has completed the 30-Hour OSHA

Construction Safety Course within the last five years from the date the substitution/replacement is requested, and at least one year of full time onsite

SSHO experience working on DoD Construction projects (a dual-hatted role as

SSHO is acceptable).

3) Onsite Quality Control Manager (QCM): The Onsite Quality Control

Manager is responsible for the contractor’s three-phase quality control program, to include the accuracy of the project QC Plan, accuracy and timeliness of daily

QC Reports and site test reports, accuracy of all material submittals, ensuring all delivered/installed materials are those that were approved through the submittal process, and the quality of craftsmanship/construction in accordance with governing criteria. The Onsite Quality Control Manager (QCM) must have a minimum of 5 years of experience as an onsite DoD Construction QCM. Roles as a Project Manager, Superintendent, or any other position will not be considered.

b. GENERAL POOL- SPECIAL REQUIREMENTS:

1) Site Superintendent/SSHO: Each Site Superintendent must also have completed at least TWO DoD POL Wetted System Repairs projects of at least $500,000 each. The projects must have been completed within the past five years from the date the substitution/replacement is requested, and each site superintendent must have served as site superintendent or onsite QCM role for a minimum of four months in the field

(any time between construction mobilization and BOD). The projects must have been primarily for DoD POL Wetted System Repairs on a DoD installation.

2) Onsite Quality Control Manager (QCM): The QCM must also have served as onsite QCM or site superintendent role for at least TWO DoD POL Wetted System

Repairs projects of at least $500,000 each. The projects must have been completed within the past five years from the date the RFP was issued, and the onsite QCM must have served in the onsite QCM or Superintendent role for a minimum of four months in field (any time between construction mobilization and BOD). The projects must have been primarily for DoD POL Wetted System Repairs on a DoD installation.

c. API 653 REPAIR POOL – SPECIAL REQUIREMENTS:

least TWO API 653 Repair projects of at least $1,000,000 each. The projects must have been completed within the past five years from the date the substitution/replacement is requested, and each site superintendent must have served in the site superintendent or onsite QCM role for a minimum of four months in the field (any time between construction mobilization and BOD). The projects must have been primarily for API 653 Repairs on a DoD installation.

2) Onsite Quality Control Manager (QCM): The QCM must have served as onsite

QCM for at least two (2) API 653 Repair projects of at least $1,000,000 each. The projects must have been completed within the past five years from the date the RFP was issued, and the onsite QCM must have served in the onsite QCM or

Superintendent role for a minimum of four months in the field (any time between construction mobilization and BOD). The projects must have been primarily for

API 653 Repairs on a DoD installation.

d. HYDRANT SYSTEM REPAIR POOL – SPECIAL REQUIREMENTS:

least TWO Hydrant System Repair projects of at least $1,000,000 each. The projects must have been completed within the past ten (10) years from the date the RFP was issued, and each site superintendent must have served in the site superintendent role or QCM role a minimum of four months in the field (any time between construction mobilization and BOD). The projects must have been primarily for Hydrant System

Repairs on a DoD installation.

2) Onsite Quality Control Manager (QCM): The QCM must have served as onsite

QCM for at least Two (2) Hydrant System Repair projects of at least $1,000,000 each. The projects must have been completed within the past ten years from the date the RFP was issued, and the onsite QCM must have served in the onsite QCM or site Superintendent role a minimum of four months in the field (any time between construction mobilization and BOD). The projects must have been primarily for

Hydrant System Repairs on a DoD installation.

7. Minimum Guarantee: The minimum guarantee for each contract is $3,000 and will be satisfied through award of the first task order, which will require the contractor to attend a half-day “Post Award Conference” in San Antonio, Texas to learn about this contract and its procedures, terms, and conditions. The Government makes no other guarantee as to the total amount of services ordered under this MATOC. This is not a requirements contract; therefore, similar services may be obtained from other sources.

8. Contract Administration: This contract allows for decentralized ordering. The Contracting

Officer may allow other agencies, outside of 772 ESS, to place an order. The administration of each basic contract will be maintained by the 772 ESS. Award and administration of all task orders will be the responsibility of the office/agency that executes the task order award and will maintain contracting authority from inception through closeout. Award and administration of task orders thereto will be conducted in accordance with FAR Subpart 16.5, DFARS Subpart 216, and

DAFFARS Subpart 5316.5 and in accordance with FAR Part 36.

8.1 Project Management and Oversight: A Contracting Officer’s Representative (COR) will be appointed to each task order. Upon receipt of a task order award, the contractor shall designate a

Project Manager who shall be responsible for prosecution of that Task Order and who shall be the point of contact for the Government’s CO and COR.

9. Contract Type: Task orders will be Firm Fixed Price (FFP).

10. Contract Ordering Period: If all Options are exercised, the total contract ordering period is 10 years from the effective date of ID/IQ contract award. The contract ordering period is defined as the time period that task orders can be issued under this contract. Actual task order periods of performance will be determined at the task order level.

This acquisition will include one (1) two year (2 yr.) base ordering period and four (4) two-year

(2 yr.) option periods. The Period of Performance (PoP) for each ordering period will be the effective month/day of contract award, in the following fiscal years:

Base Period: FY24 - FY26

Option 1: FY26 – FY28

Option 2: FY28 – FY30

Option 3: FY30 – FY32

Option 4: FY32 – FY34

11. Task Order Periods of Performance (PoP): Each task order will include a period of performance specific to that task order. Task order performance periods are subject to the limitations of FAR 52.216-22, such that contractors shall not be required to make any deliveries under this contract after the date stated in FAR 52.216-22 (d). However, should the contractor agree to complete work beyond that date, through issuance of a task order or subsequent bilateral modification, the contract and task order shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period. Maintenance Task Order PoPs shall not exceed 12 months after the expiration of the ordering period.

12. Contract Capacity (Ceiling) and Ordering Limitations: This IDIQ is limited to a capacity/ceiling of $2.5B shared among all MATOC contracts. Within the $2.5B ceiling, the recurring maintenance services portion under CLIN 0002 is limited to a ceiling of $30M.

13. Task Order Format: This basic contract SOW provides a general framework for the type of work, ordering limitations, and geographical limitations that can be ordered against this contract. Specific task order (TO) SOWs or PWSs will be tailored to identify specific requirements at the TO level and may be any format and for any type of work that fits the general framework/intent/scope of this basic contract SOW. Task Order CLINS shall reference the applicable Base Contract CLINS but each Task Order shall have its own, independent

CLIN structure, formatted to fit the specific requirement of that task order, starting at CLIN

0001, and using any number of CLINS and/or SubCLINs necessary for proper identification of task order requirements, and to allow for efficient funding and invoicing procedures.

14. Bid, Performance, and Payment Bonds:

a. The requirement for a bid bond will be identified in task order Fair Opportunity

Proposal Requests (FOPRs), as deemed necessary by the Task Order Contracting

Officer.

b. Performance and Payment bonds may be required for task orders issued under this contract in accordance with FAR 52.228-15. Consent of Surety may be required for modifications that change the task order price (upward or downward) by more than

25 percent, or $50,000 or more. This additional bonding shall be provided with 10 calendar days of request by the Contracting Officer.

15. Insurance Liability Schedule: The Contractor shall procure and maintain the applicable insurance required by FAR Part 28 and its Supplements, as included in this contract’s clauses, during the entire period of performance of this contract and any resultant task orders.

16. Submittals: The contents and delivery terms of any designs and/or submittals will be defined in the task order SOW. Any document submitted to the Government as a submittal becomes intellectual property of the Government with unlimited rights for its use and dissemination.

17. Liquidated Damages: If determined necessary, liquidated damages may be included on individual task orders.

18. Labor Rates: The applicable base contract burdened labor rates (Attachment J-02 of the

Contract Award) shall be utilized for competitive awards, negotiation of single source task orders and task order modifications. Labor rates include hourly base rates, plus any allowable overheads consistent with the offerors accounting disclosure statement. (Examples of overhead include: fringe benefits (to include any compensation provided to the employee as part of their overall salary and benefit package), corporate labor Overhead, and G&A.) Any expense that can be directly applied to a specific task order is *not* be included in the fully burdened labor rate. Any additional proposed G&A at the Task Order and/or Modification level is NOT allowed to be applied to these labor rates. Labor rates do not include Profit. Discounts to the labor rates are permitted consistent with any Department of Labor wage determinations.

a. THE LABOR RATES IN EFFECT AT TIME OF TASK ORDER SOLICITATION

SHALL BE USED FOR THE LIFE OF THE TASK ORDER, INCLUDING ANY TASK

ORDER MODIFICATIONS.

b. Labor Rates will be escalated on the anniversary date of contract award or the nearest business day to the anniversary. The escalation rate that will be applied to all labor category rates will be based on the annual “United States, Average Hourly Earning, Construction

Heavy & Civil Engineering” Index from S&P Global Connect formally known as IHS

Markit. On the anniversary date of contract award each calendar year, or closest business day, the Corporate Contracting Officer (CCO) will pull the pricing forecast data from S&P

Global Connect for the current calendar year. The forecast data provides a blended rate for

US construction labor for several years prior to the current year as well as the current year rate and several outyear rates. The CCO will calculate the escalation rate by taking the S&P

Global Connect next year’s projected labor rate from within the spreadsheet and subtracting the current year actual labor rate from the forecast spreadsheet and then dividing by the current year’s rate from the forecast spreadsheet. This will result in an escalation rate for the industry. After the first year of the basic contract, the CCO will apply the escalation rate for the next year to each labor category rate negotiated for the base year on the basic contract.

Each MATOC pricing year thereafter, this process will repeat itself and the escalation will be applied to the labor rates currently being utilized on the base contract for pricing. The CCO will send out an email to each IDIQ holder with the applicable escalation rate to be applied for that time period using the Fully Burdened Labor Rates excel file (.xlsx), Attachment 02 of the contract award. Changes in the base contract labor rates shall not affect the labor rates for any task orders awarded prior to the effective date of the new labor rates.

c. If S&P Global Connect Construction Index becomes unavailable, another industry specific index (e.g. Bureau of Labor Statistics) will be selected for application for the remaining years.

d. The Corporate Contracting Officer will ensure a copy of the rates are sent to all firms on the anniversary date and that the rate sheet is kept updated in the contract filing system of record (e.g. Kt Fileshare) labeled "[CONTRACT #] (Firm Name) - Fully Burdened Labor

Rates - [updated DDMMMYY]". The rates that are in effect at the time of task order award, shall be applicable to all work under that task order, regardless of the period of performance, with the following exception:

e. For sole source actions, if a task order solicitation contains option items, such that it is clear that the intent is for the option work to be performed in future years, use of applicable future year labor rates may be authorized. Example: If a task order is awarded to perform tank repairs in MATOC pricing year 1, with options to perform specific tank repairs after the MATOC pricing year 2 escalation rate application date, the Government will exercise those Options using those future labor rates. However, if a task order is awarded in

MATOC pricing year 1, for X-number of tanks to be repaired on the basic CLIN (not

Option CLIN), and the period of performance to complete that work exceeds the anniversary date, only use the MATOC pricing year 1 labor rates for the performance of all work on the task order.

19. Bid and Proposal Costs: This is not a requirements contract. Bid and proposal costs shall not be included in any task order proposal or modification, nor shall they be allowed by the

Government.

20. Wage Determinations: The applicable Construction (Davis-Bacon Act) Wage

Determination or Service Contract Act Wage Determination will be identified at the Task

Order Level.

21. Government Furnished Property: The Government may furnish to the Contractor property to be incorporated or installed into the work, or used in performing the work. This property shall be identified within the statement of work of each individual task order, as applicable. The listed property will be furnished to the Contractor at the place designated by the Contracting Officer.

b. When Government-Furnished property is supplied to the Contractor in connection with a specific task order, the Contractor shall comply with all GFP clauses in the contract.

22. Status of Forces Agreements (SOFA): Some task orders may require work in a foreign country that is subject to SOFA. Contractors executing work in these countries must conform to all applicable SOFA requirements.

23. Subcontracting Plan Requirements: Subcontracting Plans are applicable to “Other Than

Small” (Large) Business Firms Only. The subcontracting plan agreed upon during the solicitation phase of this contract are incorporated into this contract award as Attachment J-03, and shall be compliant with applicable FAR and DFARS Part 19 subcontracting requirements, to include 52.219-9, Small Business Subcontracting Plan with Alt II (DEVIATION 2019-

O0005). The subcontracting goals/targets for this program are as follows:

Small Business (SB) 30% of total awarded dollars Small Disadvantage (SDB) 5% of total subcontracting dollars

Women Owned Small Business (WOSB) 5% of total subcontracting dollars Service Disable Veteran Owned Business

(SDVOSB)

3% of total subcontracting dollars HUBZone Small Business 3% of total subcontracting dollars

For “Other than Small” businesses only, work in good faith to meet or exceed the small business subcontracting goals established in the Contractor’s Small Business Subcontracting

Plan as a percentage of dollars obligated. In evaluating small business subcontracting achievements, the Government will measure subcontracting performance on an annual basis

(based on Fiscal Year to align with the Governments Annual Execution Reports and the

Contractors eSRS submission) on all combined TOs awarded to the subject Contractor as a percentage of total dollars obligated during the evaluation period (Fiscal Year) and on a total cumulative basis. The Government will obtain data from the Contractor’s eSRS reports and the data will be assessed by the Government and the results will be reflected in an annual assessment using the Contractor Performance Assessment Reporting System (CPARS). The

Small Business Subcontracting Plan shall be submitted in accordance with FAR 52.219-9

Alternate II and DFARS 252.219-7003.

24. Subcontracting Reporting Requirements: Electronic Subcontract Reporting System

(eSRS) (Other than Small (Large businesses only). The Contractor shall submit electronic individual subcontract plan reports as required pursuant to FAR Clause 52.219-9, Alternate II, Jan 2017. In the form under “SUBCONTRACT AWARDS” section “13. Remarks” the

Contractor shall input the actual cumulative of total funds obligated and the actual cumulative of total funds obligated to small business(es) on all task orders in whole dollars for the Fiscal

Year and for the total cumulative basis of the contract with the corresponding small business subcontracting percentage as a percentage of the actual cumulative funds obligated for the

Fiscal Year reported and for the total cumulative basis for the contract.

25. Small Business Recertification. Each Small Business contract holder under this IDIQ shall recertify under the 237120, Oil and Gas Pipeline and Related Structures Construction

NAICS Code used for this contract award in accordance with FAR 52.219-28 Post Award

Small Business Program Rerepresentation.

26. On Ramping to this Basic Contract. The Government reserves the right to reopen competition at any time during the term of the contract to add additional Contractors to the original group of awardees.

When reopening competition, the Government will advertise on Contract Opportunities via

(SAM.Gov) to ensure adequate competition throughout the ordering period. Any awardee already in the suite will not need to recompete for the on-ramping competition. The on-ramp competitions will use the same evaluation methodology and documentation utilized for award of this contract. Successful on-ramp awardees will compete with any existing or remaining contractors for future TOs in the appropriate technical pool. Any additions due to on-ramps will not impact the Fuels MATOC ceiling. The ordering period for new awardees will not exceed the overall maximum term of the original IDIQ contract, including options (i.e., will not extend past the dates established at initial award).

27. On-Ramping And Off-Ramping Within The Pools of the MATOC Suite:

The Corporate CO, in conjunction with the Corporate AFCEC Program Manager, may on-ramp and off-ramp awarded MATOC holders in and out of the specialized pools, depending on the staffing qualifications of the MATOC holders. If a firm is off-ramped out of a specialized pool, they will remain part of the MATOC and still eligible for projects slated in the General pool. At no time will a non-MATOC holder be allowed to on-ramp onto the MATOC suite, or any of its specialty pools, without going through formal base contract on-ramping procedures described in

SOW paragraph 26 above, complete with approval from the CAA.

The Corporate CO may only on-ramp or off-ramp firms WITHIN the MATOC suite, to ensure contractors that are part of a specialty pool, remain qualified for that pool, and allow other contractors in the MATOC suite to become part of a specialty pool if their staffing changes. Off-ramping out of a specialty pool could occur at any time the Corporate CO and Corporate PM become aware of a contractor losing key personnel, after verification that the firm no longer meets the key personnel qualification requirements established for the original selection into the specialized pool. This could occur on an ad-hoc basis, or with the annual key personnel verification that will occur as part of the formal contract administration.

Any on-ramping from the General DoD POL Pool to a specialized pool could also occur on an ad-hoc basis, any time the Corporate CO and Corporate PM become aware of a contractor gaining key personnel with the requisite experience for a specialized pool, after verification that the firm meets the key personnel qualification requirements established for the original selection into the specialized pool.

28. Evaluation of Contractor Performance: The contractor’s performance will be evaluated using the CPARS system, for any construction task order exceeding $750,000 (or the applicable threshold at time of task order award), or services task order exceeding $1,000.000

(or applicable threshold at time of task order award). The contractor’s performance may be evaluated upon completion of work on any construction task order under $750,000 or services task order under $1,000,000, when determined to be in the best interest of the Government.

Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government.

29. Exercising Options. Exercise of each contractor’s Option Periods will be at the full discretion of the Corporate Contracting Officer (CCO), with collaboration and input from

Government and other stakeholders. Prior to exercising an Option, the CCO shall determine that the contractor’s performance on this contract has been acceptable in accordance with FAR

17.207(c).

a. Examples of acceptable performance are as follows: The contractor is pro-active in executing construction and repair work; communicates openly and alerts Government stakeholders to issues in a timely manner; provides modification proposals in the requested timeline with all supporting documents; provides only those Requests For

Information (RFI’s) necessary to complete the work; manages costs well to keep modification prices reasonable; plans for geographic seasonal weather patterns (winter exclusions, monsoon seasons, hurricane seasons, etc.); manages subcontractor performance well and pays invoices timely; communicates information with a positive or calm attitude; implements an effective quality control program for both field work and submittals; and maintains an acceptable safety record in the field. Options will not be exercised if the Contracting Officer determines that the contractor is not meeting one, some, or all of these performance goals in such a way that it has habitually caused widespread documented discontent in the Government or unacceptable delay on any task orders.

b. Examples of actions taken by the Contactor that may cause the CCO to determine the contractor to NOT be acceptable, include the following:

1. The contractor is not pro-active with execution of work.

2. The contractor fails to properly communicate or does not elevate issues to

Government Technical and/or Contracting Leadership in a timely manner during task order performance.

3. The contractor is not responsive in submitting timely modification proposals, or submits modification proposals that lack supporting documentation, or modification proposals that are inflated/excessively high priced.

4. The contractor submits excessive and/or unnecessary RFIs that delay performance, particularly RFI's that should have been identified during the task order solicitation process during the Question & Answer phase, or RFI's that are unrelated to specific task order scope of work.

5. The contractor's failure to complete the task order in accordance with the period of performance, to include failure to plan for geographic seasonal weather patterns (winter exclusions, monsoon season, hurricane season, etc), failure to submit timely and accurate submission of submittals, failure to timely order materials, failure to timely coordinate with stakeholders for work site access, failure to timely schedule and control subcontractors, and/or any other scheduling concerns that prevent the progress of work and results in a failure to complete the task order within the required period of performance.

6. A contractor's negative attitude of either corporate and/or onsite management, to include a lack of collaboration and/or cooperation with Government personnel, to include displaying unprofessional behavior and/or unwillingness to cooperate and/or demonstrate the common goal of completing the work on the task order and turning it over to the end users.

7. A contractor's inability to implement an effective quality control program, to include a lack of oversight and/or quality of submittals and the construction/services work itself.

8. A failure of a contractor to submit and/or adhere to any corrective action plans -either those self-identified or requested by the government via Letters of Concern.

9. Repeat occurrences of any of the above, and/or failure to proactively manage/resolve task order issues that affect the period of performance.

30. Organizational Conflict of Interest (OCI). FAR 9.5 Organizational and Consultant

Conflicts of Interest, prescribes responsibilities, general rules, and procedures for identifying, evaluating, and resolving organizational conflicts of interest; provides examples to assist contracting officers in applying these rules and procedures to individual contracting situations;

and implements section 8141 of the 1989 Department of Defense Appropriation Act, Pub. L.

100-463, 102 Stat. 2270-47 (1988).

The general rules in FAR 9.505-1 through 9.505-4 prescribe limitations on contracting as the means of avoiding, neutralizing, or mitigating organizational conflicts of interest that might otherwise exist in the stated situations. Conflicts may arise in situations not expressly covered in FAR section 9.505 or in FAR section 9.508. Each individual contracting situation should be examined on the basis of its particular facts and the nature of the proposed contract. The exercise of common sense, good judgment, and sound discretion is required in both the decision on whether a significant potential conflict exists and, if it does, the development of an appropriate means for resolving it.

In the event that a task order requires activity that would create an actual or potential conflict of interest, the procedures in FAR 9.506 Procedures, are applicable to resolving such conflict.

31. ORDERING PROCEDURES:

a. POOLS: This contract is divided into three distinct technical “Pools,” and a 4th 8(a) Pool

Upon identification of a task order requirement, the Government Team will evaluate the project and determine the applicable pool. If the preponderance of the project’s work is for specialized API 653 Repairs or Hydrant System Repairs, the project will be solicited to applicable MATOC Holders qualified for those specialized Pools. Projects where the preponderance of work is *not* API 653 repairs or Hydrant System Repairs will primarily be solicited to applicable MATOC Holders in the General Pool; however, in some cases, particularly where the project is not fully defined, the Task Order

Contracting Officer may choose to award an 8(a) Sole Source Task Order to any one of the firms in the 8(a) Pool 4.

b. PRICING CATEGORIES: Each of the technical pools is separated into two separate pricing categories: CONUS and OCONUS. At the base IDIQ level, fair and reasonable pricing was established separately for CONUS and OCONUS participants. Accordingly, only those offerors that were awarded contracts in the CONUS category may propose to and be awarded task orders in the CONUS category. Likewise, only those offerors that were awarded contracts in the OCONUS category may propose to and be awarded task orders in the OCONUS category. If a fair and reasonable price was established for an offeror for both the CONUS and OCONUS categories, then the offeror may propose to and be awarded task orders in both categories.

c. SET-ASIDES: Once the applicable technical Pool has been determined, the task orders will be solicited using Fair Opportunity Procedures in accordance with FAR 16.505. For the purpose of set-asides on this IDIQ, “CONUS” means the 50 United States and its outlying areas as defined in FAR 2.101. All other geographic locations will be considered

OCONUS and will not be subject to the set-aside thresholds. Task Order PCOs shall use the following guidance for establishing if a set-aside is required on all fully defined

CONUS requirements:

1) For Construction actions under $2,000,000, the requirement will be set-aside and competed among 8(a) MATOC Holders in the applicable Pool.

2) For Construction actions between $2,000,000 and $5,000,000, the requirement will be set-aside and competed among Small Business MATOC Holders in the applicable Pool.

3) For Construction actions over $5,000,000, the requirement will be open to all

MATOC Holders in the applicable Pool.

4) For DoD POL Maintenance Services Task Orders, the set-aside status will be determined at the task order level dependent on current interest and capabilities of

MATOC holders, and in coordination with the cognizant small business representative.

d. AWARDING ORDERS UNDER MULTIPE AWARD CONTRACTS:

1) All multiple award contractors shall be provided a fair opportunity to be considered for each fully defined task order within Pools one, two, and three, pursuant to the small business set aside dollar thresholds established in this section, unless the contracting officer determines that a fair opportunity exception from FAR 16.505(b)(2) applies. When the Government requires work under Pools one, two, or three, a Fair Opportunity Proposal Request (FOPR) will be issued.

The FOPR will include a statement of work, any special instructions and conditions, specifications and/or drawings, guide specifications, attachments, information pertaining to a site visit, submission of any bid bonds, and any other requirements necessary for the contractor to submit a proposal. In most cases, a

DRAFT FOPR will be issued to allow contractors to attend a site visit (if necessary) and/or submit questions about the FOPR and associated requirements documents, so that those questions can be answered and documents updated for issuance with the formal FOPR.

2) Site-Visits. When offered by the Government, an Offeror’s attendance at walk-throughs is considered vital to preparation of competitive and cost effective offers and to understanding the total results desired by the Government. Failure to attend a site visit may not be used as an excuse for omission or miscalculation in offers.

The Contractor will not be reimbursed for attendance at site visits or other pre-task order costs.

3) Evaluation Methods, Factors, and Procedures For Individual Task Orders.

i) The Government will place TO's based upon the evaluation factors identified in the FOPR and in accordance with FAR 16.505(b), Orders under Multiple

Award Contracts. The CO will tailor the FOPR evaluation factors to the particular task and select the contractor based on an integrated assessment of the FOPR evaluation factors. Price only evaluations at the TO level are permitted where it is practicable to do so. When the contracting officer determines that additional factors or subfactors are necessary for evaluation, the TO evaluation factors will include price (per FAR 16.505) and may include:

(A) Specific Technical Management Effectiveness and Capabilities

(B) Past Performance on recent and relevant work with respect to:

(1) Quality Control

(2) Effectiveness of Management

(3) Timely Performance

(4) Compliance with Labor Standards

(5) Compliance with Safety Standards

(C) Availability of Labor/Resources (capacity to perform)

(D) Bond Capacity, as applicable

(E) Proximity to the proposed work site

(F) Experience in remote or difficult to reach locations

(G) Logistics capabilities at remote or difficult to reach locations

Each TO solicitation will identify the evaluation factors and the relative order of importance. The basis of award may be Price-only, Lowest Price Technically

Acceptable (LPTA), Trade-off, or other evaluation method deemed appropriate by the Contracting Officer.

ii) The procedures at FAR 15.3 do not apply to FOPRs. Further, the Government reserves the right to hold interchanges with one, some, or all offerors.

Interchanges are fluid interactions between the Contracting Officer (CO) and

Contractors that may address any aspect of the proposal. Interchanges may be conducted orally or in writing.

iii) Task orders will be issued on a DD Form 1155 and represent the

Government’s acceptance of the Contractor’s task order proposal. Orders may be placed via e-mail, telephone or other electronic commerce. A Notice to

Proceed (NTP) will be issued after receipt of acceptable performance and payment bonds and evidence of appropriate insurance, unless otherwise stated in the Task Order FOPR and/or award.

iv) In the event only one offer is received for any task order FOPR, the

Government will not perform a best value…