MACC RFP FA9401-12-R-0002 Amendment 1.doc

Section B - Supplies or Services and Prices

NOTE

Prices are not required for this section. Prices will be requested for each Task Order.

Base Period (Design/Repair)

FFP

MACC is a multiple award, competitive, design-build, Indefinite Delivery/Indefinite Quantity (IDIQ) Firm-Fixed Price construction acquisition based on a general Statement of Work further defined with each individual task order. The work consists of multiple disciplines in general construction categories of on-base facilities at Kirtland AFB, New Mexico. Minimum/Maximum Contract Amount: Award of the Seed Project constitutes the minimum for the first contract awarded. A minimum of $2,000 is guaranteed over the life of the contract and will be satisfied by attending the MACC Orientation Seminar. The total aggregate maximum amount of this program including all contracts and Option Periods shall not exceed $64,000,000. Base Period (1 Jun 2012 - 31 May 2013)

FOB: Destination

NSN: Y1QA-12-030-CONSTS

SIGNAL CODE: A

NET AMT

Base Period (Minor Construction)

FFP

MACC is a multiple award, competitive, design-build, Indefinite Delivery/Indefinite Quantity (IDIQ) Firm-Fixed Price construction acquisition based on a general Statement of Work further defined with each individual task order. The work consists of multiple disciplines in general construction categories of on-base facilities at Kirtland AFB, New Mexico. Minimum/Maximum Contract Amount: Award of the Seed Project constitutes the minimum for the first contract awarded. A minimum of $2,000 is guaranteed over the life of the contract and will be satisfied by attending the MACC Orientation Seminar. The total aggregate maximum amount of this program including all contracts and Option Periods shall not exceed $64,000,000. Base Period (1 Jun 2012 - 31 May 2013)

FOB: Destination

NET AMT

FFP

MACC is a multiple award, competitive, design-build, Indefinite Delivery/Indefinite Quantity (IDIQ) Firm-Fixed Price construction acquisition based on a general Statement of Work further defined with each individual task order. The work consists of multiple disciplines in general construction categories of on-base facilities at Kirtland AFB, New Mexico. Minimum/Maximum Contract Amount: Award of the Seed Project constitutes the minimum for the first contract awarded. A minimum of $2,000 is guaranteed over the life of the contract and will be satisfied by attending the MACC Orientation Seminar. The total aggregate maximum amount of this program including all contracts and Option Periods shall not exceed $64,000,000. Option Yr 1 (1 Jun 2013 - 31 May 2014)

FOB: Destination

NET AMT

FFP

MACC is a multiple award, competitive, design-build, Indefinite Delivery/Indefinite Quantity (IDIQ) Firm-Fixed Price construction acquisition based on a general Statement of Work further defined with each individual task order. The work consists of multiple disciplines in general construction categories of on-base facilities at Kirtland AFB, New Mexico. Minimum/Maximum Contract Amount: Award of the Seed Project constitutes the minimum for the first contract awarded. A minimum of $2,000 is guaranteed over the life of the contract and will be satisfied by attending the MACC Orientation Seminar. The total aggregate maximum amount of this program including all contracts and Option Periods shall not exceed $64,000,000. Option Yr 1 (1 Jun 2013 - 31 May 2014)

FOB: Destination

NET AMT

FFP

MACC is a multiple award, competitive, design-build, Indefinite Delivery/Indefinite Quantity (IDIQ) Firm-Fixed Price construction acquisition based on a general Statement of Work further defined with each individual task order. The work consists of multiple disciplines in general construction categories of on-base facilities at Kirtland AFB, New Mexico. Minimum/Maximum Contract Amount: Award of the Seed Project constitutes the minimum for the first contract awarded. A minimum of $2,000 is guaranteed over the life of the contract and will be satisfied by attending the MACC Orientation Seminar. The total aggregate maximum amount of this program including all contracts and Option Periods shall not exceed $64,000,000. Option Yr 2 (1 Jun 2014 - 31 May 2015)

FOB: Destination

NET AMT

FFP

MACC is a multiple award, competitive, design-build, Indefinite Delivery/Indefinite Quantity (IDIQ) Firm-Fixed Price construction acquisition based on a general Statement of Work further defined with each individual task order. The work consists of multiple disciplines in general construction categories of on-base facilities at Kirtland AFB, New Mexico. Minimum/Maximum Contract Amount: Award of the Seed Project constitutes the minimum for the first contract awarded. A minimum of $2,000 is guaranteed over the life of the contract and will be satisfied by attending the MACC Orientation Seminar. The total aggregate maximum amount of this program including all contracts and Option Periods shall not exceed $64,000,000. Option Yr 2 (1 Jun 2014 - 31 May 2015)

FOB: Destination

NET AMT

FFP

MACC is a multiple award, competitive, design-build, Indefinite Delivery/Indefinite Quantity (IDIQ) Firm-Fixed Price construction acquisition based on a general Statement of Work further defined with each individual task order. The work consists of multiple disciplines in general construction categories of on-base facilities at Kirtland AFB, New Mexico. Minimum/Maximum Contract Amount: Award of the Seed Project constitutes the minimum for the first contract awarded. A minimum of $2,000 is guaranteed over the life of the contract and will be satisfied by attending the MACC Orientation Seminar. The total aggregate maximum amount of this program including all contracts and Option Periods shall not exceed $64,000,000. Option Yr 3 (1 Jun 2015 - 31 May 2016)

FOB: Destination

NET AMT

FFP

MACC is a multiple award, competitive, design-build, Indefinite Delivery/Indefinite Quantity (IDIQ) Firm-Fixed Price construction acquisition based on a general Statement of Work further defined with each individual task order. The work consists of multiple disciplines in general construction categories of on-base facilities at Kirtland AFB, New Mexico. Minimum/Maximum Contract Amount: Award of the Seed Project constitutes the minimum for the first contract awarded. A minimum of $2,000 is guaranteed over the life of the contract and will be satisfied by attending the MACC Orientation Seminar. The total aggregate maximum amount of this program including all contracts and Option Periods shall not exceed $64,000,000. Option Yr 3 (1 Jun 2015 - 31 May 2016)

FOB: Destination

NET AMT

FFP

MACC is a multiple award, competitive, design-build, Indefinite Delivery/Indefinite Quantity (IDIQ) Firm-Fixed Price construction acquisition based on a general Statement of Work further defined with each individual task order. The work consists of multiple disciplines in general construction categories of on-base facilities at Kirtland AFB, New Mexico. Minimum/Maximum Contract Amount: Award of the Seed Project constitutes the minimum for the first contract awarded. A minimum of $2,000 is guaranteed over the life of the contract and will be satisfied by attending the MACC Orientation Seminar. The total aggregate maximum amount of this program including all contracts and Option Periods shall not exceed $64,000,000. Option Yr 4 (1 Jun 2016 - 31 May 2017)

FOB: Destination

NET AMT

FFP

MACC is a multiple award, competitive, design-build, Indefinite Delivery/Indefinite Quantity (IDIQ) Firm-Fixed Price construction acquisition based on a general Statement of Work further defined with each individual task order. The work consists of multiple disciplines in general construction categories of on-base facilities at Kirtland AFB, New Mexico. Minimum/Maximum Contract Amount: Award of the Seed Project constitutes the minimum for the first contract awarded. A minimum of $2,000 is guaranteed over the life of the contract and will be satisfied by attending the MACC Orientation Seminar. The total aggregate maximum amount of this program including all contracts and Option Periods shall not exceed $64,000,000. Option Yr 4 (1 Jun 2016 - 31 May 2017)

FOB: Destination

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,000.00

$10,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$2,000.00

$10,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

Section C - Descriptions and Specifications

SECTION C

See Attachment 6, Section J, MACC General Provisions

See Attachment 30, Section J, Seed Project Requirements Documents, LRPD Advanced HPM Research Facility Expansion (Project # MHMV 110112)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

31-MAY-2013

BRENT WILSON

2050 WYOMING BLVD SE

KIRTLAND AFB NM 87117-5663

505-846-7911

FOB: Destination

F2K2AC

31-MAY-2013

F2K2AC

31-MAY-2014

F2K2AC

31-MAY-2014

F2K2AC

31-MAY-2015

F2K2AC

31-MAY-2015

F2K2AC

31-MAY-2016

F2K2AC

31-MAY-2016

F2K2AC

31-MAY-2017

F2K2AC

31-MAY-2017

F2K2AC

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within * calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than **. The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify in each task order number of days after the date the contractor receives the notice to proceed.

** The Contracting Officer shall specify in each task order the completion no later than date.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of * for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

* Note: Liquidated Damages for the Seed Project will be charged, for each calendar day of delay beyond authorized performance period, at a rate of $310.37 per day. All subsequent Liquidated Damages amounts will be specified on each individual task order.

(End of clause)

Section G - Contract Administration Data

CONTRACT ADMINISTRATION DATA

1.1

ADMINISTRATIVE MATTERS

The Address and telephone number for the AFNWC/PKOD:

AFNWC/PKOD

2000 Wyoming Blvd SE, Bldg. 20604 Rm. B-9

Kirtland AFB, NM 87117

(505) 846-2921

1.2

CONTRACTOR’S CONTRACT ADMINISTRATION

To Be Completed By The Contractor:

Name and Title: _________________________________________________________________

Responsible Office: ______________________________________________________________

Address: _______________________________________________________________________

Telephone Number: ______________________________________________________________

Email: _________________________________________________________________________

Cage Code: _____________________________________________________________________

Duns Number: __________________________________________________________________

Tax Identification Number: ________________________________________________________

1.3

INDVIDUAL(S) AUTHORIZED TO NEGOTIATE OR DISCUSS PROPOSAL

Name of Primary: __________________ Name of Alternate: _______________________

Address: _________________________ Address: _______________________________

Telephone #: ______________________ Telephone #: ____________________________

Alternate #: _______________________ Alternate #: _____________________________

Fax No: ___________________________ Fax No: ________________________________

Email: ____________________________ Email: _________________________________

WIDE AREA WORKFLOW

WIDE AREA WORKFLOW – RECEIPT AND ACCEPTANCE (WAWF-RA) ELECTRONIC RECEIVING REPORT AND INVOICING INSTRUCTIONS

IN ACCORDANCE WITH DFARS 252.232.7003, USE OF ELECTRONIC PAYMENT REQUESTS IS MANDATORY. USE OF WAWF WILL SPEED UP YOUR PAYMENT PROCESSING TIME AND ALLOW YOU TO MONITOR YOUR PAYMENT STATUS ONLINE. THERE ARE NO CHARGES OR FEES TO USE WAWF.

Requests for payments must be submitted electronically via the Internet through the Wide Area Workflow- Receipt and Acceptance (WAWF-RA) system at https://wawf.eb.mil.

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Columbus through the DFAS Centralized Customer Service number (800) 756-4571 (select option 2) or faxed to (866) 392-7091. Please have your order number and invoice number ready when contacting DFAS about payment status. You can also access payment information using the DFAS myInvoice web site at http://www.dod.mil/dfas/contractorpay/myinvoice.html.

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR RECEIVING REPORTS, INVOICES AND ADDITIONAL E-MAILS CORRECTLY THROUGH WAWF.

CONTRACT NUMBER:

DELIVERY ORDER NUMBER:

TYPE OF DOCUMENT:

Construction Payment Invoice

CAGE CODE:

ISSUE BY DODAAC:

FA9401

ADMIN DODAAC:

FA9401

PAY OFFICE DODAAC:

F03000

SERVICE ACCEPTOR / SHIP TO:

THESE ARE NOT TYPICIALLY USED – VERIFIED PRIOR TO INSERTING INTO CONTRACT

INSPECT BY DODAAC:

LOCAL PROCESSING OFFICE:

SEND MORE E-MAIL NOTIFICATIONS:

CONTRACT ADMINISTATOR:

CONTRACT OFFICER:

ADDITIONAL NOTIFICATION:

ADDITIONAL NOTIFICATION:

Please contact the POCs above if you have any questions regarding the invoice process

Section H - Special Contract Requirements

SECTION H

CLAUSES INCORPORATED BY FULL TEXT

1.1 AFNWC/PKOD – HAZMAT HAZARDOUS MATERIAL

All HAZMAT contemplated for use or brought on base for the purpose of this contract, must be coordinated through the Environmental Compliance 377MSG/CEANC. Contractor must provide the Quality Assurance Personnel and CO with a copy of the MSDS (Material Safety Data Sheet) prior to using the HAZMAT and maintain a copy at the work site at all times that work is being performed. Failure to comply with these requirements may result in withholding of payment.

1.2 CONTRACTOR PASSES, SECURITY AND ANTITERRORISM

(a) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on Kirtland Air Force Base.

Due to heightened security requirements, prior to obtaining base identification and vehicle passes, each person desiring to work on base must undergo a background screening. The following information is required in order to conduct background checks: Full Name, date of birth, social security number, and driver’s license number and state (only if requesting to drive). The preceding information may be transmitted to the cognizant contracting officer or administrator via e-mail, USPS, or fax. Please allow up to 14 days for completion of the background check for U.S. Citizens and 30 days for all others and response from the contracting office. If any individual is disapproved for base access, the contractor will be notified of the failure, but this does not excuse them from performance of the contract.

(b) After receiving notification of a successful background check, the contractor shall submit a written request on company letterhead (sample formats are available upon request) to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. Individual letters must be accomplished for each employee. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes.

(c) When reporting to the registration office/visitor center, the authorized contractor individual(s) should provide a valid and current drivers license, vehicle registration, and proof of vehicle insurance certificate/card.

(d) The possession and use of the AF Form 75 is intended solely for individuals performing contractual related duties. Any other use or transfer of the pass is strictly prohibited.

(e) Contractor personnel are required to wear or prominently display installation identification badges, or contractor-furnished identification badges, while visiting or performing work on the installation.

(f) Upon completion or termination of contract requirements, all base identification, vehicle/visitor passes, and Common Access Cards (CACs), if applicable , must be returned to the contracting officer prior to issuance of final payment.

(g) The prime contractor shall provide an antiterrorism awareness brief to all employees, including subcontractors, their employees and all temporary day laborers. The use of the Contractor Antiterrorism Awareness pamphlet, provided by the Contracting Officer, suffices for this brief. This brief is an annual requirement for contracts which have exercised options. The contractor shall document training and provide records to the Contracting Officer upon request.

1.3 FEDERAL LEGAL HOLIDAYS

The following Federal legal holidays are observed by this base:

New Year’s Day

1 January

Martin Luther King’s Birthday

16 January

President’s Day

20 February

Memorial Day

28 May

Independence Day

4 July

Labor Day

3 September

Columbus Day

8 October

Veterans Day

12 November

Thanksgiving Day

22 November

Christmas Day

25 December

NOTE: Any of the holidays falling on Saturday will be observed on preceding Friday; holidays falling on Sunday will be observed on the following Monday.

1.4 MINIMUM/MAXIMUM CONTRACT AMOUNTS

The contract minimum guarantee is $2,000 per contract applicable to the base year of performance only. All contractor’s receiving award, with the exception of the highest rated awardee receiving a Task Order for the “seed project”, will receive a Task Order with a value of $2,000 for the MACC orientation seminar to satisfy the contract minimum requirement. No additional travel costs will be in reimbursed. The seminar is an open forum discussion on the MACC program and shall provide a contract overview covering several program requirements and procedures to include partnering, contract administration, design/engineering perspectives, quality control program, security/base access processes, construction management processes and site specifics associated with each base. Attendance is mandatory. It will be up to the Contractors to determine which members of their team attend. It is highly encouraged that key team members attend that are intimately involved with design/build, superintendence, quality control and program/project management. The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered in excess of the minimum guarantees specified herein. The maximum aggregate amount of the MACC program, inclusive of all awarded MACC contracts and Task Orders, including options, shall not exceed $64,000,000.00.

1.5 COMMENCEMENT OF WORK

No work under this contract will commence until such time as the Contracting Officer issues a written Task Order and Notice to Proceed under the Task Order.

1.6 PLACE OF PERFORMANCE

The Place of Performance will be designated on each individual Task Order.

1.7 PROPOSAL PREPARATION COSTS

The costs for preparation of Task Order proposals shall be the responsibility of the contractor and not directly reimbursable. Each Task Order awarded will include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs, and any costs associated with any required design effort. The contractor shall furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirements of the Task Order.

1.8 REQUIRED INSURANCE (IAW FAR 28.306(b))

Reference FAR clause entitled “52.228-5 Insurance – Work On A Government Installation” the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

(a) Workman’s Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with statutory or administrative requirements in any such State will be satisfactory. The required Workman’s Compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

(b) General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

(c) Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

(d) The Certificate of Insurance shall provide for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned “Insurance” clause.

1.9 INSURANCE CERTIFICATE

The contractor agrees to execute an insurance certificate with the Contracting Office in accordance with Section H, Required Insurance. This certificate shall be executed on the form entitled “Acknowledgment and Certification of compliance with Contract Insurance Requirements”.

1.10 DAVIS BACON WAGE DETERMINATION

Individual Task Orders will be subject to one or more of the applicable Wage Determinations at the time of contract award (see Section J, List of Attachments).

1.11 SUBCONTRACTING RESPONSIBILITIES

The contractor shall be responsible for the management and performance of all subcontracts. The contractor shall ensure Task Orders are completed within the stated requirements. The contractor is responsible for ensuring subcontracting opportunities are made available to small, small disadvantaged, women owned businesses, service disabled veterans, and HUBZone businesses in accordance with the goals of the contract. Reporting responsibilities for Large Business Concerns, if applicable, shall be in accordance with FAR Clause 52.219-9.

1.12 NOTICE OF CONSTRUCTIVE CHANGES

No order, statement or direction of the Contracting Officer, an authorized representative of the Contracting Officer whether or not acting within the limits of his authority, or any other representatives of the Government, shall constitute a change order under the “Changes” clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the Contracting Officer.

1.13 PRE-DESIGN AND/OR PRE-CONSTRUCTION CONFERENCE

Prior to commencing work under a Task Order, the Contractor shall meet with the Contracting Officer and/or designated technical personnel at a mutually agreeable time to discuss and develop mutual understandings concerning schedule and administering work.

1.14 PARTNERING

Partnering is a structured process, as well as philosophy of doing business with contractors and customers, that recognizes common goals through communication and teamwork. It helps create an environment where trust and teamwork prevents disputes, fosters good working relationships to everyone’s benefit, and facilitates the completion of a successful contract. In support of the command’s goals of teamwork and customer satisfaction, our policy is to practice the philosophy of Partnering on every contract we administer. Formal partnering may be required prior to and/or during performance of an individual Task Order, if determined necessary by the Government. Partnering shall be held during normal work hours.

1.15 PERFORMANCE EVALUATIONS

At the conclusion of each Task Order for construction over $500,000.00, the Contracting Office will complete a contractor’s performance evaluation and input into CCASS/ACCAS. The evaluation will take into account all aspects of the contractor’s performance. Performance evaluations may be completed at any time the Contractor’s performance is considered less than satisfactory. Contractors will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation. The performance evaluations may have an impact on the award of future Task Orders.

1.16 SUBSTITUTIONS OF KEY PERSONNEL AND KEY SUBCONTRACTORS

The Contractor shall provide complete resumes for proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced and shall be no less than the standard established in the hiring criteria described in the contractor’s proposal. No change in Task Order pricing may occur as a result of key personnel substitutions.

The contractor shall notify the contracting office of the proposed substitution of key subcontractors (including design subcontractors) at least 30 days in advance of the substitution.

1.17 PAYMENT FOR MATERIALS STORED ON SITE

(a) This clause implements, but does not replace, FAR 52.232-5, Payment Under Fixed-Price Construction Contracts, with regard to material payments.

(b) Consideration for payment under this contract for materials stored on site is subject to the following conditions:

1) The Contractor shall furnish the Contracting Officer a list of the major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested. Those items approved by the Contracting Officer will be entered on the AF Form 3064, Contract Progress Schedule, as a percentage factor, or factors if items are listed individually.

2) Payment is limited to major high-cost items. Payment of major high-cost items does not include Contractor overhead and profit. Such costs as sales tax, freight, handling, pallets, etc., are excluded.

3) Payment requests shall be consistent with approved material submittals and shall be supported by the following documents:

· Certified paid vendor invoices.

· Inventory checklists, jointly validated by the contractor, contract administrator, and/or construction inspector.

· Accepted delivery tickets, if applicable.

4) All material for which payment is requested shall be delivered to an approval location on-site, and certified that none will be removed without written permission of the Contracting Officer. Materials may also be stored in a bonded warehouse offsite if there is no adequate storage space on base.

5) Payments will be made monthly, or at more frequent intervals as determined by the Contracting Officer.

6) The Contractor shall remain responsible and retain title to the materials until incorporated into the work.

1.18 TASK ORDER PROCEDURES

(a) Work under this contract will be ordered by written Task Orders issued on DD Form 1155 (Order for Supplies or Services) by the Contracting Officer.

(b) Each award as a result of this solicitation will cite an individual contract number. Individual Task Orders will be placed in sequential numbering system, which relate back to the basic contract and their assigned Task Order number.

(c) The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed Task Orders. Requests for proposals will indicate funds availability. The Government may request proposals with no assurance of funding and provides no assurance that Task Orders will be issued.

(d) Task Orders will be firm fixed price and clearly define the specific services to be performed or the performance desired. Each Task Order may contain additional, site or project specific, provisions. Any such additional provisions shall be part of the Request for Proposal.

(e) Task Order projects may be non-complex performance oriented tasks requiring minimal design, may be construction of Government provided design, may be complex construction requiring design development for design-build construction, or a combination thereof. The Task Order may or may not have traditional plans and specifications but may include sketches, and requests for catalog cuts, and other submittals. The following describes the procedures for each type of requirement the Task Order could present:

1) Contractor-Provided Design/Design-Build: MACC Contractors shall provide an initial ‘Concept’ design consisting of drawings, sketches, outline specifications, design analysis, and/or other documentation as required by the Task Order Statement of Work. MACC Contractors shall also provide a price proposal and may be required to include a proposed performance period. The Government will evaluate submitted proposals in accordance with Task Order requirements. Only the successful offeror will be required to proceed with subsequent design effort (i.e. 35%, 65%, 95%, and or 100% as stated in each Task Order) and execute construction.

2) Government-Provided Design/Design-Build: MACC Contractors shall provide a ‘Concept’ design consisting of drawings, sketches, outline specifications, design analysis, and/or other documentation as required by the Task Order Statement of Work. Based on the ‘Concept’ design, MACC Contractors shall provide a price proposal and may be required to include a proposed performance period. The Government will evaluate submitted proposals in accordance with Task Order requirements. Only the successful offeror will be required to proceed with subsequent design effort (i.e. 35%, 65%, 95%, and or 100% as stated in each Task Order) and execute construction.

3) Construction Only: MACC Contractors shall be provided a periously accomplished design which may be representative of a 35%, 65%, 95%, or 100% design consisting of drawings, specifications, design analysis and/or other documentation as required by the Task Order Statement of Work. Based on this completed design, MACC Contractors shall provide a price proposal and may be required to include a proposed performance period (as stated in each Task Order). The Government will evaluate submitted price proposals in accordance with Task Order requirements. Only the successful offeror will proceed with construction.

The design levels stated above are defined in the basic MACC Statement of Work.

(f) Task Orders may be modified by the Contracting Officer. Modifications to Task Orders will be issued on Standard Form (SF) 30 and cite the Task Order number.

(g) Submission of proposals for Task Orders is not required. However, contractors are required to contact the Contracting Officer within two days after receipt of Task Order Request for Proposal (TORFP) if a contractor will not participate in the walk through or submit a proposal on a Task Order.

1.19 Competition

(a) Only the contractors awarded contracts as a result of this RFP will compete for subsequent Task Orders. These contractors are encouraged to participate in all site visits and submit proposals. Failure by offerors to participate responsibly in site visits and submit proposals may result in the Government not exercising the option to extend the contract or exclusion of the contractor from further competition.

Occasionally, (generally during the last quarter of the fiscal year) the Government will solicit offers for projects for which funds are not certified nor readily available. Air Force Material Command refers to these acquisitions as “Special Advance Authority” (SAA) or “Normal Straddle Bid” (NSB) projects. Under SAA funds are not available and may not become available. The Government makes no promise to award a contract. If funds do not become available for SAA projects, the Request for Quote is cancelled and no award is made. Under NSB funds may be available in the current fiscal year or the next fiscal year. If a contract is not awarded in the current fiscal year, it will be awarded in the following fiscal year. (See AFFARS MP5332.7, Contract Funding). Submission of proposals for these acquisitions is at the sole discretion of the respective MACC contractors and their declination to participate in any or all such solicitations will not reflect negatively upon them. This includes projects that are in whole or in part “SAA” projects.

(b) A minimum of two proposals on Task Orders will satisfy competition requirements and preclude the necessity of soliciting for a replacement contractor if for any reason one of the contracts is terminated or one of the contractors is excluded from participation in the process.

(c) Unless the Contracting Officer applies the exceptions noted below, each Task Order will be awarded, as a result of competition to the contractor who offers the best value to the Government considering the criteria specified. The Contracting Officer’s decision as to the selection for award of a Task Order is not protestable unless the protest is on the grounds that the order increases the scope, period, or maximum value of the contract program.

(d) The Contracting Officer reserves the right to award a Task Order without competition based upon a determination that:

1) The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays;

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

3) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

1.20 DESCRIPTION OF SUBSEQUENT TASK ORDERS

Task Orders will range from $2,000.00 to $10,000,000.00, with most Task Orders falling in the range below $200,000. Task Order projects may require either a single discipline or multi-disciplined design services for airfield pavement or any aspect of general building construction for new, renovation and addition type projects. Projects may also require comprehensive interior design, lead and asbestos abatement and incorporation of sustainable features. Some projects may require only minimal design or no design.

1.21 SUBSEQUENT TASK ORDER EVALUATION CRITERIA

Subsequent Task Orders may be awarded on price, past performance, best value, performance price tradeoff process or low price, technically acceptable basis. If the Government decides to issue the Task Order as a best value using the trade off process, award factors will vary depending on the unique requirements of each Task Order. The following sample criteria may be evaluated, in addition to price or cost:

(a) Past Performance – Task Order past performance or prior past performance on other contracts

(b) Quality of Deliverables

(c) Ability to Meet Schedule Requirements

(d) Relevant Experience

(e) Cost Control

(f) Potential impact on other orders placed with the contractor

(g) Current Workload

(h) Design

(i) The Contractor’s technical understanding of the work.

(j) The most efficient and effective plan to accomplish the work.

(k) Rational for the proposed materials, type, and quantities.

(l) Sustainable design features

1.22 PERFORMANCE AND PAYMENT BONDS – APPLICABLE TO INDIVIUAL TASK ORDERS

Contractors shall furnish Performance and Payment Bonds (Standard Form 25/25A) with good and sufficient surety or sureties, acceptable to the Government. The penal sums of the bond will be as shown below has been received and accepted by the Contracting Officer.

(a) Performance Bond: Unless the Contracting Officer determines that a lesser amount is adequate for the protection of the Government, the penal sum of the performance bonds (Standard Form 25) shall equal one hundred percent (100%) of the contract price for each Task Order.

(b) Payment Bond:

1) Shall equal 100% of the contract price for each Task Order.

2) One of the following is required:

i. A payment bond.

ii. An irrevocable letter of credit (ILC).

iii. A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, an escrow agent, and all of the suppliers of labor and material. The escrow agreement shall establish the terms of payment under the contractor’s escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required.

iv. Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the Contracting Officer, in an acceptable form, executable by the Contracting Officer.

v. A deposit of the types of security listed in FAR 28.204-1 and 28.204-2.

3) Bonds are due within 10 days of the receipt of the Task Order.

1.23 PROPOSAL GUARANTEE (BID BOND)

SEED PROJECT: A bid bond for 20% of the proposed price is required for the “seed project”.

SUBSEQUENT TASK ORDERS: Individual proposal guarantees (bid bonds) of at least 20% of the proposed price may be required from all offerors competing for award of all subsequent Task Orders. The requirement for a guarantee will be included in the Task Order Request For Proposal (TORFP).

Bid bonds will only be waived for those projects designated “Special Advance Authority” as stated on the TORFP and at the discretion of the Contracting Officer.

1.24 REPLACING MACC CONTRACTORS

Should one or more of the incumbent MACC contractor’s options not be exercised, or if termination of contract(s) occurs, the process for selecting replacement contracts shall follow the same process and procedures as used in selecting and awarding the basic MACC awards.

1.25 ENVIRONMENTAL COMPLIANCE

Offerors are reminded of the environmental requirements contained in the solicitation to comply with all applicable federal state, and local environmental statutes and regulations. In addition to the scrutiny of civil environmental regulatory agencies, environmental compliance incidental to Air Force activities or on Air Force property is subject to Air Force scrutiny. The Air Force routinely investigates environmental violations and compliance.

1.26 INSTALLATION RULES AND REGULATIONS

The rules and regulations of the installation where services are performed shall apply to the contractor and its employees while on the premises of such installation. These regulations include but are not limited to: presenting valid identification for base entrances, obtaining and using vehicle passes for all contractor-owned and/or privately owned vehicles, obeying all posted directives, and providing strict adherence to security police direction in instances where security police have been dispatched to a particular location.

1.27 UTILITY SERVICES (IAW FAR 36.514)

The Contractor will be required to participate in all Air Force energy conservation programs. Utility services furnished to the contractor by the Government from the Government’s existing system outlets and supplies will be at no cost to the contractor, but see contract clause titled FAR 52.236-14, “Availability and Use of Utility Services” in Section I.

1.28 SPECIAL UTILITY PROVISION

The contractor shall be responsible for any and all damages to accurately marked utilities resulting from its operations. Further, the contractor shall be held liable for all costs associated with such damages. Such costs include not only the costs to properly repair the damaged utility, but any direct costs incurred by the Government to provide emergency response to the site, as well as for any other monetary losses. Such loss may also include the value of loss of productivity experienced by the Government due to loss of power and/or facility evacuation arising from the utility damage. Contractors are to field verify and mark location of utilities shown on construction permit.

1.29 DESIGNATION OF GOVERNMENT INSPECTOR

The Base Civil Engineer or his authorized representative (Base Maintenance Contract (BMC) contractor) is designated as the representative of the Contracting Officer for the purpose of performing Construction Contract Quality Assurance for the Government, which includes performing technical surveillance and monitoring workmanship and compliance with the plans and specification under this contract. This provision in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of this contract.

1.30 PREPARATION OF SCHEDULES FOR CONSTRUCTION CONTRACTS

The reports contemplated by FAR Clause 52.236-15 titled “Schedules for Construction Contracts” in Section I shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, “Contract Progress Schedule” and AF Form 3065, “Contract Progress Report” unless a network schedule is specifically requested.

Section I - Contract Clauses

SECTION I

NAF CLAUSES

The clauses below are applicable to Non-Appropriated Funds Task Orders

GENERAL PROVISIONS

l. DEFINITIONS (JAN 2005) ‑ as used throughout this contract, the following terms and abbreviations have the meanings set forth below:

a. The term "contract" means this agreement or order and any modifications hereto.

b. The abbreviation "NAFI" means Nonappropriated Fund Instrumentality of the United States Government.

c. The term "Contracting Officer" means the person executing or responsible for administering this contract on behalf of the NAFI, which is a party hereto, or their successor or successors.

d. The term "Contractor" means the party responsible for providing supplies and/or services at a certain price or rate to the NAFI under this contract.

e. The abbreviation “FAR” means Federal Acquisition Regulation.

2. DISPUTES (NOV 2005)

a. Except as otherwise provided in this contract, any dispute or claim concerning this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall state his/her decision in writing and mail or otherwise furnish a copy of it to the Contractor. Within 30 days from the date of receipt of such copy, the Contractor may appeal by mailing or otherwise furnishing to the Contracting Officer a written appeal addressed to the Armed Services Board of Contract Appeals, and the decision of the Board shall be final and conclusive; provided that if no such appeal is filed, the decision of the Contracting Officer shall be final and conclusive. The Contractor shall be afforded an opportunity to be heard and to offer evidence in support of any appeal under this clause. Pending final decision on such a dispute, however, the Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the Contracting Officer unless directed to do otherwise by the Contracting Officer.

b. A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. Contractors shall provide the certification specified below when submitting any claim. Any person duly authorized to bind the Contractor with respect to the claim may execute the certification.

“I certify that the claim is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify on behalf of the Contractor.”

c. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph "a" above, provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law.

3. LAW GOVERNING CONTRACTS (JAN 2005) ‑ In any dispute arising out of this contract, the decision of which requires consideration of law questions, the rights and obligations of the parties shall be interpreted and determined in accordance with the substantive laws of the United States of America.

4. LEGAL STATUS (JAN 2005) ‑ The NAFI is an integral part of the Department of Defense and is an instrumentality of the United States Government. Therefore, NAFI contracts are United States Government contracts; however, they do not obligate appropriated funds of the United States.

5. EXAMINATION OF RECORDS (JAN 2005) - This clause is applicable under contracts that are entered into by means of negotiation and where price and costing data are required to support a determination of price reasonableness. This clause does not apply to commercial items or when the Contracting Officer determines that prices agreed upon are based on adequate price competition. The Contractor agrees that the Contracting Officer or his duly authorized representative shall have the right to examine and audit the books and records of the Contractor directly pertaining to the contract during the period of the contract and until the expiration of three years after the final payment.

6. ASSIGNMENT (JAN 2005) ‑ The Contractor or its assignee’s rights to be paid amounts due as a result of performance of this contract, may be assigned. No assignment by the Contractor, assigning its rights or delegating its obligations under this contract will be effective and binding on the NAFI until the written terms of the assignment have been approved in writing by the Contracting Officer.

7. GRATUITIES (JAN 2005)

a. The NAFI may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found, after notice and hearing, by the Secretary of the Air Force or their duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent, or representative of the Contractor, to any officer or employees of the Government or the NAFI with a view toward securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract.

b. In the event this contract is terminated as provided in paragraph "a" hereof, the NAFI shall be entitled (i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of contract by the…