MACC IDIQ - Industry Day Conference 05132024.pdf

Air Force Life Cycle Management Center

AIR FORCE MATERIEL COMMAND

I n t e g r i t y - S e r v i c e - E x c e l l e n c e

Welcome to Multiple Award Construction Contract Industry Day

Wifi Network: Hanscom Commons Password: AimHigh!

Air Force Life Cycle Management Center

AIR FORCE MATERIEL COMMAND

I n t e g r i t y - S e r v i c e - E x c e l l e n c e Industry Day & Site Visit:

Multiple Award Construction Contract Indefinite Delivery Indefinite Quantity

(MACC IDIQ)

AFLCMC/PZI

13 May 2024

Agenda

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Introductions Government Key Personnel Project Overview Risks/Concerns Contract Details Request for Proposal Instructions Draft Milestone Schedule Organizational Conflict of Interest Mitigation Site Visit of Building 1106

Introductions

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Facilities Orientation Evacuation Procedures Restrooms

Ground Rules Slides presented today will be posted to Federal Business

Opportunities (SAM.GOV) Require all questions in writing

No open Q&A’s as it can cause miscommunication Responses to questions will be provided in writing. Responses to questions will be posted to SAM, unless question is determined to be proprietary information as determined by Government

Site Visits will take place during the Conference Pictures permitted during Site Visit of Building 1106

Key Personnel/Stakeholders

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Title/Role Name Office Contracting Officer Geoffrey Siracusa AFLCMC/PZIA

Contract Specialists Evan O'Connell David Conquergood 2d Lt Delano Asante 2d Lt Amanda Thoman

AFLCMC/PZIA

AFLCMC/PZIA

AFLCMC/PZIA

AFLCMC/PZIA

Chief of Engineering David Wong, P.E., PMP, CCP 66 ABG/CEN

Deputy Director, Small Business Programs

Amy MacDonough AFLCMC/SB Hanscom OL

Counsel, Labor & Employment

Matthew W. Sloane, NH-IV 66 ABG/JAC

UNCLASSIFIED

Revolutionizing the Warfighter’s Edge

Small Business Intro 13 May 24

Ms Andrea Panagoulias/Ms Amy MacDonough Director, Small Business Programs

Deputy Director, Small Business Programs AFLCMC/SB Hanscom OL

781-225-6469/70

AF Life Cycle Management Center

Who We Are

•Who We Are •Part of the DAF and AFMC Offices of Small Business

•AFLCMC Small Business Office Mission:

•Maximizing innovative, agile and efficient small business solutions to be the world’s greatest Air Force

•Align with AFLCMC Mission:

Acquire and Support War-winning Capabilities

AFLCMC Small Business Offices

AFLCMC-Eglin AFB (PEO Weapons) Ms. Anita Jackson Ms. Kristina Mercer

●AFLCMC-Hanscom AFB (PEO Digital & C3I&N) Ms. Andrea Panagoulias Ms. Amy MacDonough

AFLCMC/SB WPAFB

Mr. Luke Schultz - Director

AFLCMC-Cyber/Crypto Div Ms. Zakiya Norris

AFLCMC Maxwell-Gunter AFB

(PEO BES)

Ms. Yolanda McCain

AFLCMC-AFMETCAL

Heath OH Mr. Frank Capuano Mr. Michael Hickey

What We Do

• Compliance

• Coordinate on all HAFB PEO and 66th ABG acquisition actions valued at $10K or more to ensure maximum small business participation

• Evaluate all SB subcontracting plans, as applicable

• In-Reach

• Provide oversight for annual PEO SB goals

• Work with SBA & Program Offices on 8(a) Awards

• Training Program Office Personnel

• Assist Consolidation/Bundling; Non-M Rules; NAICS Appeals;

CPARS; ID SB Contract Vehicles

• Outreach

• Match Industry capabilities with AFLMC needs

How We Do it

• Early & Often

• Team Focus—Follow Through

• Market Research/Market Research/Market Research

• SB Set Asides/Partial SB Set-Aside/Break

Outs/Reserves/Participation Plans/Subcontracting Plans

• IAW FAR Part 19 + Sub Parts & Title 13 CFR

• But Not Without SBs and Other Than SBs

Additional Information

• FY2024 NDAA – Signed 22 Dec 2023 Section 862 – Enhances prime notification rqmts for untimely payments and allows agency to document via prime past performance rating Section 863 – Increases prime contracting and subcontracting goals for SDVOSBs from 3% to 5% Section 864 – Eliminates self-certification for SDVOSBs, SBA must now certify status Section 865 – Requires DoD to modify DFARS by July1 to require DOD consider the past performance of affiliate companies of SBs in source selection

• DoD Released First Defense Industrial Strategy – Jan 2024 Priorities Include:

Resilient Supply Chains Workforce Readiness Flexible Acquisition Economic Deterrence

• FAR 52-219-8 Utilization of Small Business Concerns & FAR 52.219-9 Small Business Subcontracting Plans 11

MACC IDIQ

Project Overview

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Project Name: Multiple Award Construction Contract Indefinite Delivery Indefinite Quantity (MACC IDIQ)

NAICS Code: 236220 (Commercial & Institutional Building Construction)

Project Type: Multiple Award Construction Contract, for complex Construction Task Orders. Anticipated orders issued under the MACC will be Firm-Fixed-Price (FFP) and may be a mix of design-build or design-bid-build.

MACC IDIQ Project Description The MACC IDIQ awardees shall provide all management, labor, material, equipment, transportation, supervision, and Architectural Engineering services (as required) to accomplish simultaneous maintenance, sustainment, repair, and minor construction projects.

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MACC IDIQ Project Description Work performed under this contract will be complex in nature, require multiple trades, and may require detailed engineering design to be performed by registered / licensed Engineers and Architects.

Air Force installations: Hanscom Air Force Base (HAFB) – Bedford, MA; HAFB FAMCAMP, Bedford, MA; Patriot Golf Course, Bedford, MA; Sagamore Hill Solar Observatory – Hamilton, MA; Fourth Cliff Recreation Annex – Humarock, MA; Cape Cod Space Force Station – Sagamore, MA; and New Boston Space Force Station – New Boston, NH.

MACC IDIQ Task Order 01

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MACC IDIQ Task Order 01 – Pre-Construction Kickoff Meeting Awardees of a MACC IDIQ Contract will also receive an initial

Pre-Construction Kick-off Task Order.

The Pre-Construction Kick-off Task Order will cover:

Introduction of Government Personnel Introduction of Contractor Personnel Overview of MACC IDIQ Requirements (AF 3000, AF

3064/3065, etc..)

Base Access Requirements Briefings by Base Safety and Base Fire Department Etc..

MACC IDIQ Task Order 02

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MACC IDIQ Task Order 02 – TBD / Building 1106 Conference Center HVAC In accordance with Section M Draft – Evaluation Criteria “the

Contracting Officer will award one (1) Task Order to one (1) of the MACC IDIQ Contract holders that offers the best overall value to the Government, as determined by the SSA, all factors considered”

MACC IDIQ Contract

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Contract Type: Firm Fixed Price (FFP)

Period of Performance: Seven (7) Year Period of Performance from MACC IDIQ Award

Ordering Period: Five (5) Year Ordering Period from MACC IDIQ Award

CLIN Structure CLIN 0001: Multiple Award Construction Contract (MACC) – Anticipated

$70M Overall Contract Ceiling

MACC IDIQ Terms and Conditions

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Government Furnished Property (GFP):

GFP will not be provided for Task Orders issued under the MACC IDIQ

FAR 52.246-21, Warranty of Construction Clause included in the MACC IDIQ Contract Warranty shall continue for a period of one (1) year from the date of final acceptance

FAR 52.211-12, Liquidated Damages-Construction included in the MACC IDIQ Contract Applicable to all Construction Contracts valued at $700k and above. Rates identified on a Task Order by Task Order basis.

FAR 52.219-14, Limitations on Subcontracting IAW FAR 52.219-14(e)(3) Agreement; by submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for General Construction it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities.

Solicitation Process

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FAR Part 36, as supplemented by FAR Part 15 Source Selection Procedures. Ordering would be under FAR Part 16.5

Offerors shall submit offers in accordance with Section L Draft – Proposal Instructions identified in the solicitation.

Offerors proposals will be evaluated in accordance with Section M Draft – Evaluation Criteria identified in solicitation.

IAW Section M Draft, The Government intends to award without discussions and make award based on initial proposals.

IAW Section M Draft, The Government reserves the right to conduct discussions if the Source Selection Authority (SSA) later determines them to be necessary.

Solicitation Process

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The Government anticipates releasing an RFP for industry comment.

As a reminder, companies will be required to have active SAM registration at the time of proposal submission and potential award.

Milestones

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MACC IDIQ Milestone Events Projected Dates Actual Dates

RFI Posted 17 Apr 24 17 April 24 Industry Day & Site Visit

13 May 24 13 May 24 Solicitation Documents Released TBD

Proposal Receipt TBD

Anticipated IDIQ Award Date & Preconstruction Kickoff Task Order

Award Date

TBD

Revolutionizing the Warfighter’s Edge

OCI Mitigation and the

Procurement Integrity Act

Matthew Sloane Counsel

66 ABG/JA

Organizational Conflict of Interest

FAR 2.101 - Definition Organizational Conflict of Interest (OCI) means that because of other activities or relationships with other persons:

a person is unable or potentially unable to render impartial assistance or advice to the Govt, OR the person’s objectivity in performing the contract work is or might be impaired, OR a person has an unfair competitive advantage.

FAR 9.505 – General Rules Underlying Principles of mitigating OCI are to:

• Prevent the existence of conflicting roles that might bias a contractor’s judgment

• Prevent unfair competitive advantage

Types of OCI

There are three types of OCIs generally recognized by the GAO and courts:

Biased ground rules

Through its performance of a government contract, a firm is in a position to influence or set the ground rules for another government procurement, which could, intentionally or unintentionally, skew the competition in its favor.

• Preparing Specifications of Work Statements (FAR 9.505-2)

Impaired objectivity A firm's ability to render impartial advice to the Government could be impaired because the firm’s business interests involved could be harmed if it provides impartial advice.

• Providing Evaluation Services (FAR 9.505-3)

Unequal access to information A firm has access to non-public information as part of its performance of a government contract, and that information may provide the firm an unfair competitive advantage in a later competition for a government contract.

• Obtaining Access to Proprietary Information (FAR 9.505-4)

Governing FAR Provisions

FAR 9.504 – Contracting Officer Responsibilities Analyze planned acquisitions in order to-

1. Identify and evaluate potential OCIs as early in the acquisition process as possible; and

2. Avoid, neutralize, or mitigate significant potential conflicts before contract award

FAR 9.505

• OCIs may arise in other situations not specifically in FAR Subpart 9.5

• Each individual situation should be examined on the basis of its particular facts and the nature of the proposed contract

• OCI evaluations requires the exercise of common sense, good judgment, and sound discretion

Identifying OCIs / Potential Impact

• Contractors should proactively identify any actual or potential OCIs and bring them to the attention of the Contracting Officer

• Solicitation may require offerors to either affirmatively state they have no OCI issues or identify potential OCIs and submit an OCI mitigation plan.

• Failure to adequately mitigate an OCI concern CAN cost you a contract award, even if you were the otherwise apparently successful offeror (FAR 9.504(e))

Procurement Integrity Act

(PIA)

• 41 USC § 2101-2107

• Places requirements on the Government:

• Protection of Source Selection Info and Bid & Proposal Info

• Recusal from a pending contract action when seeking non- Government Employment

• Ban on accepting compensation from a contractor that they have participated in the award of a contract to

Procurement Integrity Act

(PIA)

• But what about the Contractor?

• Provides penalties for any person that knowingly obtains protected information

• Provides penalties for engaging in employment discussions with a

Government employee, knowing that they have not recused themselves or completed Post-Government Employment ethics review

• What sort of penalties?

• Criminal: Fines and/or up to 5 years imprisonment

• Civil: Fines of up to $500,000 plus twice the amount of prohibited compensation offered or received for the prohibited conduct

• Administrative: Cancellation of the contract, rescission of the contract, suspension or debarment from Federal Government contracting

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Site Visit

Project Overview

MACC IDIQ

Project Overview

Solicitation Process

MACC IDIQ

Solicitation Process

MACC IDIQ

Milestones