FUELS SOW Draft 20230313.docx

FA8903-23-R-0017

Attachment 1

13 MAR 2023

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”

13 MAR 2023

SOLICITATION NUMBER: FA8903-23-R-0017

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.

2.2 “DoD POL Maintenance Services” (also known as “Maintenance”): is defined as planning and execution of quarterly, semi-annual, annual, or “other” interval recurring maintenance visits to complete diagnostic inspections, tests/checks, calibrations, and adjustments for all fuels system equipment on an installation. 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. Any resultant need for repairs will be accomplished as a “DoD POL System repair” (construction requirement), not as a maintenance/services task,

3. 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. For the purposes of this IDIQ, 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).\

4. POOLS: This contract is divided into three distinct “Pools.” 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 all MATOC Holders in the General Pool applying set-asides as applicable. The scope of each pool is as follows:

a. General DoD POL Repair 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 System Repairs, 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.

b. 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.

c. Specialized Hydrant System Repair Pool (Hydrant Pool): New construction and/or repair of JP/Jet-A military aircraft Type 2, 3, 4, or 5 hydrant fueling systems, to include multi-disciplinary repairs such as mechanical, electrical, structural, or civil construction or repairs to hydrant systems to 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.

5. 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 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).

5.1 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, 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. To be considered relevant, 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 relevant. 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 and are thus not relevant.

5.2 Corporate Key Personnel Requirements: The Contractor shall assign and directly employ the Corporate Key Personnel provided with the basic contract proposal. 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 Project Manager, Construction Manager/Superintendent, or QC Manager. The Program Manager must also have completed at least TWO 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 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 QC Manager reports all DoD POL quality control-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 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 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 the entire duration of the project. to

4.3 On-site Key Field Personnel Requirements. The Contractor shall assign and directly employ the On-Site Key Field Personnel provided with the basic contract proposal. 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 TEAMS of On-site Key Field Personnel (a “team” consists of one qualified On-site Superintendent and one qualified On-site Quality Control Manager). 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).

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 POL SYSTEM REPAIR 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 in the site superintendent role for the entire field duration of the project, from mobilization through 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 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 substitution/replacement is requested, and the onsite QCM must have served in the onsite QCM role for the entire field duration of the project, from mobilization through BOD. The projects must have been primarily for DoD POL Wetted System Repairs on a DoD installation.

c. API 653 REPAIR POOL – SPECIAL REQUIREMENTS:

1) Site Superintendent/SSHO: Each Site Superintendent must also have completed at least TWO API 653 Repair 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 in the site superintendent role for the entire field duration of the project, from mobilization through 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 API 653 Repair 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 the onsite QCM must have served in the onsite QCM role for the entire field duration of the project, from mobilization through BOD. The projects must have been primarily for API 653 Repairs on a DoD installation.

d. HYDRANT SYSTEM REPAIR POOL – SPECIAL REQUIREMENTS:

1) Site Superintendent/SSHO: Each Site Superintendent must also have completed at least TWO Hydrant System Repair 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 in the site superintendent role for the entire field duration of the project, from mobilization through 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 Hydrant System Repair 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 the onsite QCM must have served in the onsite QCM role for the entire field duration of the project, from mobilization through BOD. The projects must have been primarily for Hydrant System Repairs on a DoD installation.

6. 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 “contractor school” in San Antonio, Texas to learn about this contract and its procedures, terms, and conditions. The Government makes no 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.

7. 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 Part 16.5, DFARS Part 216, and AFFARS Part 216 and in accordance with FAR Part 36.

8. 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 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: 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.

12. Contract Capacity (Ceiling) and Ordering Limitations: This IDIQ is limited to a capacity/ceiling of $2.5B. Most task orders will range from $3M to $7M, however, task orders may be larger or smaller depending, on the project requirements.

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

17. Labor Rates: The applicable base contract labor rates (Attachment L-03) shall be utilized for negotiation of single source task order price and task order modifications. Rates shall be escalated on the anniversary date of contract award. The escalation rate will be tied to the United States Construction Index from IHS Markit to be applied each year. On 01 December each calendar year, the Corporate Contracting Officer (CCO)will pull the forecast for the current calendar year, and apply the average of the next four quarter's projections for the following time period 1 Jan YY - 31 Dec YZ. The CCO will send out an email to each IDIQ holder with the current escalation rate to be applied for that time period using the Attachment L-03 - Fully Burdened Labor Rates excel file (.xlsx).

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:

If a task order is negotiated that 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 inspections in CY23, with options to perform specific tank inspections after the CY24 escalation rate application date, the Government will exercise those Options using those future labor rates. However, if a task order is awarded in CY23, for X-number of tanks to be inspected, and the period of performance to complete that work exceeds the anniversary date, only use the CY23 labor rates for the performance of all work on the task order.

In order to build the task order mentioned above, the CO may utilize options that are priced after the establishment of the next year's labor rates on the contract anniversary date or may modify the Task Order with an upward or downward adjustment based on the new labor rates that are established.

The negotiated composite labor rates of the base contract do not include Prime contractor profit. Prime contractor profit shall be negotiated at each modification or single source award based on complexity and risk.

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.

18. 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.

a. When Government-Furnished property is supplied to the Contractor in connection with a specific task order, the Contractor shall comply with the following clauses:

1. FAR 52.245-1, “Government Property”

2. FAR 52.245-9, “Use and Charges.”

3. DFARS 252.211-7007, “Reporting of Government Furnished Property”

4. DFARS 252.245-7001, “Tagging, Labeling, and Marking of Government-Furnished Property”

5. DFARS 252.245-7002, “Reporting Loss of Government Property”

6. DFARS 252.245-7003, “Contractor Property Management System Administration”

7. DFARS 252.245-7004, “Reporting, Reutilization, and Disposal”

19. 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.

20. Subcontracting Plan Requirements: SUBCONTRACTING PLANS ARE APPLICABLE TO LARGE BUSINESS FIRMS ONLY. The subcontracting plan agreed upon during the solicitation phase of this contract are incorporated into this contract award as Attachment X, and shall be compliant with applicable FAR and DFARS Part 19 subcontracting requirements, to include 52.219-9, Small Business Subcontracting Plan (DEVIATION 2016-O0009). The subcontracting goals/targets for this program are as follows:

For large 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. A goal of 12% of total contract 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 Monthly Contract Cost Tracking Report 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.

21. Subcontracting Reporting Requirements: Electronic Subcontract Reporting System (eSRS) (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.

22. Small Business Participation Commitment Document Goals. All offerors (both other than small businesses and small businesses) shall provide a Small Business Participation Commitment requirements and substantiating documentation IAW DFARS 215.304(c)(i)(B) and PGI 215.304 (c)(i)(A). Small Business Participation Commitment shall address the offerors corporate commitment to the proposed goals and targets for subcontracting (small business, small disadvantaged business, women-owned small business, HUBZone small business, and service disabled veteran-owned small business).

23. 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 Representation.

24. 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 pool of awardees.

When reopening competition, the Government will advertise on Contract Opportunities via (beta.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, with only slight changes.

25. Evaluation of Contractor Performance: The contractor’s performance will be evaluated using the CPARS system, for any construction task order exceeding $700,000, or services task order exceeding $1,000.000. The contractor’s performance may be evaluated upon completion of work on any construction task order under $700,000 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.

26. 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. The CCO shall determine that the contractor’s performance on this contract has been acceptable in accordance with FAR 17.207(c)(7). 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 RFI’s necessary to complete the work; manages costs well to keep modification prices reasonable; plans for geographic weather conditions (winter exclusions); manages subcontractor performance well and pays invoices timely; communicates all 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 discontent in the Government or unacceptable delay on any task orders.

27. 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.

27. ORDERING PROCEDURES:

4) For DoD POL Maintenance Services Task Orders, the set-aside status will be determined at the task order level dependent on current market capabilities and coordination with the cognizant small business representative.

5) Protests and Task Order Ombudsman Process: In accordance with FAR 16.505(a)(10), a protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for - a protest on the grounds that the order increases the scope, period, or maximum value of the contract under which the order is issued; or a protest of an order valued in excess of $25,000,000 or thresholds established IAW FAR 16.5.

For this contract, the designated task order ombudsman address is:

Air Force Installation Contracting Center (AFICC)/KP Director 1940 Allbrook Drive, Building, Wright-Patterson AFB, OH 45433, Phone: (937)257-5529.

IAW FAR 52.216-32 and Alternate 1 (Sep 2019), the task order ombudsman is responsible for reviewing complaints from multiple award contractors and ensuring that all of the contractors are afforded a fair opportunity to be considered for task orders in excess of $3,500, consistent with procedures in the contract. However, it is not within the designated task order contract ombudsman's authority to prevent the issuance of an order or disturb an existing order. This clause does not guarantee the contractor issuance of any task order above the minimum guarantee(s) stated in this contract.

STUFF MISSING FROM THE SOW:

Wage determination applicability.

On-ramping for specialty pools Labor Rates application Subcontracting/SB stuff from Terry