A23 HQ003421R0003-0010 WHS MACC II Solicitation Amend 10 (27 Jul 2021).pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Continued on Next Page

1. CONTRACT ID CODE PAGE OF PAGES

J 1 60

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 27-Jul-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X HQ003421R0003

X 9B. DATED (SEE ITEM 11)

12-May-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

27-Jul-2021

CODE

WHS - ACQUISITION DIRECTORATE

1155 DEFENSE PENTAGON RM 2E125

WASHINGTON DC 20301-1155

HQ0034 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HQ003421R0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0010

Solicitation Amendment 0010 – SF30 Block 14, Continuation

The purpose of this modification is to:

(1) Delete Section H Special Contract Requirements Terms subparagraph H3.5.B.;

(2) Correct Section H Special Contract Requirements Terms subparagraph H12.1.A.;

(3) Change Section L Instructions to Offerors;

(4) Correct Section M Evaluation Factors for Award;

(5) Entirely replace Section J Attachment 09 Davis-Bacon WD VA20210013 R5 (4 Jun 2021) with Davis-Bacon WD VA20210013 R6 (23 Jul 2021);

(6) Entirely replace Section J Attachment 10 Davis-Bacon WD PA20210073 R8 (16 Jul 2021) with Davis-Bacon WD PA20210073 R9 (23 Jul 2021);

(7) Entirely replace Section J Attachment 18 Answered RFIs (20 Jul 2021) with Answered RFIs R1 (26 Jul 2021);

(8) Entirely replace Section J Exhibit A SOW Post 7 R1 (14 Jul 2021) with SOW Post 7 R2 (26 Jul 2021); and,

(9) Add Section J Exhibit K Pre-Proposal RFI 064 TR Room Location (9 Jun 2021).

The solicitation is otherwise unchanged by this amendment.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

H TERMS

SECTION H – SPECIAL CONTRACT REQUIREMENTS TERMS

TABLE OF CONTENTS

H1. SUPPLEMENTAL ORDERING PROCEDURES AND REQUIREMENTS

1.1. General

1.2. Competition for Orders

1.3. Task Order Request Nomenclature and Acronyms

1.4. Electronic Data Submission Required

1.5. Order Form and Requirements

1.6. Task Order Numbering

1.7. Task Order Minimum Contents

1.8. Modifications

1.9. Limitation on Protests

1.10. Limitation on Competition

1.11. Exception to Fair Opportunity

1.12. Debriefings

1.13. Expectation of Competition

1.14. Cooperative and Collaborative Scoping

1.15. Disclosure of Estimated Order of Magnitude Required

1.16. Task Order Pricing

1.17. Project Completion Date

1.18. Order of Precedence between Contract and Task Order Terms and Conditions

1.19. Warranties for Design Documents and Government-Provided Data

1.20. Pass/Fail Gateway Criteria Allowed

1.21. Task Order Basis of Award

1.22. Award Without Discussions Preferred

1.23. Price Proposals

1.24. TOR/RFP Withdrawal or Cancellation

1.25. Technical Proposals

1.26. Oral Presentations

1.27. Past Performance

1.28. Target Award Amount/Contract-to-Budget Task Orders Allowed

1.29. Non-Price Selection Criteria

1.30. Task Order Acceptance Requirements

H2. TYPICAL ORDERING PROCESS

2.1. Multi-Step Ordering Process

2.2. Ordering steps

H3. CONDUCT REQUIREMENTS

3.1. Requirements for Individuals and Contractor, Subcontractor, and Suppliers

3.2. Code of Federal Regulations

3.3. Parking

3.4. Speed Limits Strictly Enforced

3.5. Compliance with Public Health and Safety Requirements Required

3.6. Penalties for Violations

H4. SUPPLEMENTAL GOVERNMENT UTILITY SERVICES INFORMATION

4.1. Supplemental to Contract Clauses, Terms, and Conditions

4.2. Utilities that May Be Available at No Charge

4.3. Contractor Care and Conservation Required

4.4. No Guarantee of Utility Supplies

4.5. Other Matters

H5. SUPPLEMENTAL POST-AWARD PROPOSAL REQUIREMENTS AND LIMITATION ON MARK-

UPS FOR CONTRACT AND TASK ORDER MODIFICATIONS

5.1. Definitions

5.2. Scope

5.3. Bond Premium Adjustments

5.4. State and local taxes

5.5. Excess Mark-Ups Unallowable

5.6. Modifications valued up to $100,000.00 (Exclusive of Mark-ups)

5.7. Modifications valued greater than $100,000.00 but less than $500,000.00 (Exclusive of Mark-ups)

5.8. Modifications valued $500,000.00 or more (Exclusive of Mark-ups)

5.9. Contractor Modification Price Proposal Template Required

5.10. Proposal Documentation Requirement for Mark-Ups

5.11. Detailed Proposals Required

5.12. Unit Prices Required for Materials and Supplies

5.13. Disclosure of Overhead and Profit Mark-Up Rates Required

5.14. Proposals Must State Contractual Authority or Authorities for Modifications

5.15. Proposals Must Be Adequately Documented or Costs Unallowable

5.16. Government Right to Challenge or Disallow Costs

H6. CONTRACT-SPECIFIC DEFINITIONS AND CONVENTIONS

6.1. Definitions

6.2. MACC II Contract Interpretation Conventions

H7. MINIMUM INSURANCE REQUIREMENTS

7.1. Certificate of Insurance (COI) Required

7.2. Minimum Insurance Coverage

7.3. Content Requirement

7.4. Certificate Holder

7.5. Contractor Responsible for Updates during Performance

H8. CSI CONSTRUCTION CONTRACT FORMAT CROSSWALK TO UNIFORM CONTRACT FORMAT

(UCF)

8.1. Contract Form

8.2. CSI to UCF Generic Crosswalk

8.3. Entire Contract Must Be Read Together

8.4. Contractor Duty to Inquire for Scope Matters

H9. ON- AND OFF-RAMP PROCEDURES FOR THE MACC II PROGRAM

9.1. General

9.2. Active Pool Contractors

9.3. On-Ramp Standby Pool Contractors

9.4. Individual MACC II Contract Ceiling Value

9.5. Government Right to Conduct Open Season On-Ramp Competition

9.6. Participation and Performance Expectations

9.7. On-Ramp Procedures

9.8. Off-Ramp Procedures

9.9. MACC II IDIQ Contract Limitation of Liability

H10. LIMITATION ON DAMAGES FOR GOVERNMENT DELAY

10.1. Article 1

10.2. Article 2

10.3. Article 3

H11. PARTNERING

11.1. General

11.2. Partnering

11.3. Partnering Levels

11.4. Facilitated (Formal) Partnering

11.5. Team-Led (Informal) Partnering

H12. LIMITATION ON SUBCONTRACTING COMPLIANCE REPORTS

12.1. General

12.2. Order-Level Reports

12.2. Joint Venture Contract-Level Reports

H1. SUPPLEMENTAL ORDERING PROCEDURES AND REQUIREMENTS

1.1. General.

The procedures in contract term H1 supplement clause FAR 52.216-18 Ordering and the procedures in effect at the time of ordering shown at FAR 16.505 Ordering as supplemented by DFARS 216.505 Ordering. Firm-fixed-price task orders are issued under MAIDIQ terms on as as-needed basis.

1.2. Competition for Orders.

The active pool of MACC II IDIQ awardees are provided fair opportunity to compete for orders as specified by FAR 16.505(b) and DFARS 216.505(b)(2) unless a listed exception applies. The on-ramp standby pool Contractors are not eligible for fair opportunity competitions unless the option to convert the Contractor from the on-ramp standby pool to the active pool is exercised.

1.3. Task Order Request Nomenclature and Acronyms.

There are three (3) common abbreviations used for task order requests for proposals: Task Order Request (TOR) and Request for Proposals (RFP) and Task Order Request Notice (TORN), abbreviated in this section as TOR/RFP. Any individual task order TOR/RFP may use slightly different nomenclature or acronyms that also mean the same thing; however, nomenclature and acronyms should be as consistent as possible within any single TOR/RFP. Contract terms apply equally without regard to nomenclature or acronyms used to describe a TOR/RFP issued under the terms of the MACC II contract. For example, a low dollar value, low complexity project may be issued as a request for quotation (RFQ) that does not require a full proposal.

1.4. Electronic Data Submission Required.

Contractors are required to submit data electronically. Each TOR/RFP must specify points of contact and specific data requirements. The total size of documents that comprise an electronic submission determines the means of electronic submission. The current electronic submission means used are electronic mail for transmission that do not exceed 10 MB in total, and Department of Defense Safe Access File Exchange (SAFE) at https://safe.apps.mil/ for all others.

1.5. Order Form and Requirements.

Task orders are issued on DD Form 1155 Order for Supplies or Services. A task order is not valid unless a warranted Contracting Officer acting within the scope of their warrant has signed and dated the DD Form 1155. Except as authorized by a duly executed task order, no MACC II Contractor is authorized or obligated to perform, deliver, or otherwise incur costs, and the Government is not obligated to reimburse or pay any Contractor for unauthorized work performed, unauthorized items delivered, or any unauthorized costs incurred.

1.6. Task Order Numbering.

A unique order number is generated for each task order issued using the procedures in effect at the time of ordering shown at FAR Subpart 4.16 Unique Procurement Instrument Identifiers as supplemented by DFARS Subpart 204.16 Uniform Procurement Instrument Identifiers. The DD Form 1155 Order for Supplies or Services identifies the MACC II basic contract number in Block 1, and the unique task order number in Block 2.

1.7. Task Order Minimum Contents.

Task order minimum content requirements are prescribed at FAR 16.505(a)(7) as follows:

A. Date of order

B. Contract number and order number

C. Contract line item number(s) and subline item number(s) as applicable

D. Delivery or performance schedule

E. Place of delivery or performance

F. Any packaging, packing, and shipping instructions

G. Accounting and appropriation data

H. Method of payment and payment office

I. North American Industry Classification System code

1.8. Modifications.

Task order modifications are issued on a Standard Form 30 by a warranted Contracting Officer. No modification is valid without a Contracting Officer’s signature and date.

1.9. Limitation on Protests.

In accordance with FAR 16.505(a)(10), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract; or a protest of an order valued in excess of $25,000,000 (or any higher value that may be specified by the FAR).

1.10. Limitation on Competition.

Fair opportunity competitions under this contract are limited to active pool MACC II awardees consistent with FAR and DFARS requirements. Active pool MACC II awardees are those that hold a valid contract at the time of the TOR/RFP is released. A Contractor that holds a MACC II contract that is expired, an off-ramped MACC II Contractor, and on-ramp standby pool Contractors are not active pool MACC II awardees and are not eligible for fair opportunity competitions under this contract.

1.11. Exception to Fair Opportunity.

The CO must provide all active pool awardees a "fair opportunity" to be considered for each order in excess of $500,000 unless one of the conditions below applies:

A. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays;

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

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

D. The Contractor has five active Task Orders;

E. The Contractor is more than 30 days behind schedule on any active Task Order(s) (barring those that are behind due to Government or concurrent delays); or, F. The Contractor has received a less than satisfactory CPARS rating on any Task Order(s) within the previous calendar year.

1.12. Debriefings.

Debriefings are available when required by the FAR or DFARS. Presently, debriefings are available for requirements valued at $5,000,000 or more. The current FAR and DFARS requirements in effect on the date of TOR/RFP release govern when debriefing is available.

1.13. Expectation of Competition.

The Government expects to award each task order under this contract under fair opportunity competitions to the active pool Contractor that provides the offer that is most advantageous to the Government unless an exception authorized by the FAR or DFARS applies. The Government must all notify MACC II active pool Contractors of the authority used to issue any task order under this contract non-competitively. The Contracting Officer holds the sole decision authority to invoke a FAR or DFARS authority to issue a task order non-competitively, and the Contracting Officer’s decision is not protestable.

1.14. Cooperative and Collaborative Scoping.

At the Contracting Officer’s sole discretion, and with advance written approval, cooperative or collaborative scoping for MACC II requirements may be authorized if the facts of the situation do not compromise competition, or generate advantage or disadvantage for any MACC II Contractor.

1.15. Disclosure of Estimated Order of Magnitude Required.

Each requirement competed under this contract must disclose the magnitude of construction in the TOR/RFP. The FAR and DFARS requirements in effect at the time each requirement is competed dictate the price ranges disclosed.

A. Magnitude of Construction Disclosures. Current FAR and DFARS guidance establish the following price ranges for magnitude of construction prices ranges.

1. FAR 36.204 Magnitude of Construction.

a. Less than $25,000

b. Between $25,000 and $100,000

c. Between $100,000 and $250,000

d. Between $250,000 and $500,000

e. Between $500,000 and $1,000,000

f. Between $1,000,000 and $5,000,000

g. Between $5,000,000 and $10,000,000

2. DFARS 236.204 Disclosure of the Magnitude of Construction Projects. Additional price ranges are —

a. Between $10,000,000 and $25,000,000

b. Between $25,000,000 and $100,000,000

c. Between $100,000,000 and $250,000,000

d. Between $250,000,000 and $500,000,000

e. Over $500,000,000

1.16. Task Order Pricing.

Construction is priced on a firm-fixed-price basis. Pricing may be on a lump sum or unit priced basis as specified on each contract line item based on the guidance at FAR 36.207 Pricing Fixed-Price Construction Contracts. The only priced items for a particular task order are those with a distinct line item or sub line item shown on the task order. The Contractor bears all risks of performance in a firm-fixed-price contract except where a contract clause specifically states otherwise and provides a complete, accurate, and fully documented proposal that establishes entitlement to an adjustment to contract terms, including, but not limited to, a change to the firm-fixed-price. For design-build construction, the Contractor must design the project for construction within the awarded firm-fixed-price.

1.17. Project Completion Date.

Each task order for construction must specify a project completion date. The date may be expressed as a calendar date or a number of days after a specific event such as issuance of Notice to Proceed.

Construction task orders require completion to satisfy contract terms. The Contractor must perform diligently to ensure completion at the earliest possible date even if the contractually specified completion date has passed.

1.18. Order of Precedence between Contract and Task Order Terms and Conditions.

All Task Orders are subject to the terms and conditions of this contract. Contract clauses flow-down to task orders as required by the underlying FAR and DFARS prescriptions for each clause. In the event of conflict between task order terms and conditions and this contract, the contract will control, except as otherwise noted in the contract documents. The Government reserves the right to incorporate additional clauses, as appropriate, into individual task order fair opportunity notice requests for proposal and awards. In the event of an inadvertently omitted provision or clause, any missing FAR or DFARS clause required by a statute or regulation is considered in the contract and task order even if it is not shown.

1.19. Warranties for Design Documents and Government-Provided Data.

The Government makes no warranty, express or implied, concerning project design documents, government-provided data, accuracy or completeness of as-constructed/as-built documentation, and similar unless an individual document expressly provides a written warranty of accuracy and completeness.

1.20. Pass/Fail Gateway Criteria Allowed.

The Government may include pass/fail gateway criteria in an RFP/TOR. The RFP/TOR must specify the pass/fail gateway criteria and explain the standards used to determine pass and fail ratings when gateway criteria are included.

1.21. Task Order Basis of Award.

The evaluation criteria, the evaluation scheme, and the basis of award must be stated on each TOR/RFP.

The two best value selection approaches used are lowest price technically acceptable (LPTA) and tradeoff process. The Government follows the guidelines in the FAR and DFARS to decide which selection approach is appropriate for each individual requirement. Price must be evaluated for all task orders.

Contractor past performance on existing task orders should be considered in award decisions.

1.22. Award Without Discussions Preferred.

The Government prefers to make awards without discussions. If discussions are required, MACC II Contractors must comply with all Contracting Officer instructions and requirements timely.

1.23. Price Proposals.

Each TOR/RFP must specify the level of pricing detail required. The Contracting Officer follows the requirements of FAR and DFARS particular to each requirement, including, but not limited to, FAR

36.214 Special Procedures for Price Negotiation in Construction Contracting. Contractors must submit price data in the form and format specified by each TOR/RFP. The level of detail require may range from lump sum and/or unit price offers or ask for more detailed supporting data in formats that align with the DoD estimating standards established by the Uniform Facility Criteria (UFC). The present DoD standards for pricing are the Construction Specifications Institute MasterFormat and Uniformat II work breakdown structure. The Contracting Officer reserves the right ask for and receive detailed cost breakdowns of labor, materials, equipment, overhead, and profit in any form and manner at any time. In case of discrepancy between a unit price/cost and an extended price/cost, the unit price/cost will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

A. Bid, offer, and proposal preparation costs are not allowable or reimbursable as a direct cost for any proposal. This includes initial proposals and any proposal submitted for any reason after contract or task order award.

B. Contractors must include the modification price proposal worksheet designated by the Contracting

Officer to supplement all post-award task order change requests and proposals. The current change price worksheet is included in Section J as Exhibit F Contractor Modification Price Proposal Template (Apr 2021). The Government reserves the right to administratively revise or change the form at any time.

C. The Government reserves the right to specify use of specific estimating software for pre-award and post-award price proposals at no increase to cost for the Government.

1.24. TOR/RFP Withdrawal or Cancellation.

The Government may withdraw or cancel any TOR/RFP for any reason without cost or penalty at any time before task order award.

1.25. Technical Proposals.

When technical proposals are required, one or more of the following elements are often evaluated:

A. Design

B. Technical understanding of the work and requirements

C. Plan to accomplish the work and meet requirements

D. Rationale for proposed materials, type and quantities

E. Schedule

F. Key Personnel

G. Corporate and Key Personnel Experience

H. Significant Subcontractor(s)

I. Safety

J. Sustainable Design Features

K. Total Lifecycle Costs

L. Total Ownership Costs

1.26. Oral Presentations.

At the Contracting Officer’s sole discretion, oral presentations may be used to substitute for, or augment, written information. Oral presentations are subject to the same Contractor proposal data sharing and release restrictions as written information.

1.27. Past Performance.

Past performance, including, but not limited to, quality, schedule, cost control, management, regulatory, special expertise, or other factors may be considered. The Contracting Officer holds sole discretion to determine the elements of past performance that are evaluated. Timely performance by contracts is very important. Failure to prosecute work diligently on a current or previous task order is sufficient cause for the Contracting Officer to determine a MACC II Contractor is not eligible for inclusion in the fair opportunity pool for future task orders until the delinquency or delinquencies are corrected. Less than satisfactory past performance may also result in a decision to off-ramp a Contractor, decide not to exercise an option to extend a contract.

1.28. Target Award Amount/Contract-to-Budget Task Orders Allowed.

The Government may issue task orders priced on the basis of a Target Award Amount or Contract-to- Budget Amount for design and construction along with, but not limited to, a Statement of Work, design criteria, and/or a concept design. The Government may request a concept design with proposals. The Contractor bears full responsibility for design and construction within the fixed-price contract value.

Failure to do so is a business decision where the Contractor bears the full risk and responsibility for reasonably foreseeable consequences of that decision.

1.29. Non-Price Selection Criteria.

One or more of the following factors in addition to price or cost may be considered when Contractors compete for a task order award:

A. Technical (any element(s))

B. Past Performance (any element(s))

C. Impact on Other Orders Placed with a Contractor

D. Total Incomplete Construction Orders Placed with a Contractor (Production Capacity)

E. Available Bonding Capacity (Per-Contract and/or Aggregate)

F. Rating Scheme and Definitions. Each fair opportunity TOR/RFP must specify the rating scheme and definitions used during evaluation.

1.30. Task Order Acceptance Requirements.

Active pool MACC II Contractors must accept any task order issued with a value between $500,000.00 and $15,000,000.00. A Contractor may decline an order valued less or more than this range; however, a declined order of any value may have an adverse impact on decisions to exercise options, result in off-ramping, and/or exclusion from some or all future equal opportunity competitions under the contract. If the Contractor submits a proposal and bid bond for an order, the Government may make a claim under the bid bond for re-procurement costs.

H2. TYPICAL ORDERING PROCESS

2.1. Multi-Step Ordering Process.

The ordering process has several steps. The intent of this contract term is to establish general guideposts and improve understanding of the typical ordering process.

2.2. Ordering steps.

The following list provides an illustration of the typical process used for most orders. The list is not intended to represent every element of the ordering process for any particular TOR/RFP. At the sole discretion of the Contracting Officer, the ordering process may vary when there is an exception to fair opportunity or other requirement-specific need(s) that must be addressed. Contract terms allow flexibility to ensure the wide variety of requirements met by task orders under this contract are tailored to the specific needs of each requirement.

A. STEP 1. Issue Fair Opportunity Task Order Request for Proposals (TOR/RFP).

The first ordering step is release of the TOR/RFP electronically by email or DoD SAFE to the two

(2) individuals designated by each active pool MACC II awardee to receive proposals on the firm’s behalf.

1. Each TOR/RFP package must include a clear statement of the agency’s requirement, a reasonable response period, and disclosure of the significant factors and subfactors that the agency expects to consider in evaluating proposals, and their relative importance.

2. Cost or price must be considered for all proposals.

3. Where award is made on a best value basis, a written statement documenting the basis for award and the relative importance of quality and price or cost factors is required.

4. If pass/fail gateway criteria are used, the RFP/TOR must clearly explain the criteria and standards for evaluation.

5. When the value of the requirement exceeds the threshold specified at FAR 15.505(b)(6), a debriefing must be offered.

6. All visitors to the Pentagon Reservation, Mark Center, Raven Rock Mountain Complex, and some other facilities require advance registration and approval for visits. If a TOR/RFP includes a pre-proposal conference and site visit requirement, the Government must provide attendance list submission requirements, cutoff dates for attendee submissions, and the date, time, and place of the pre-proposal conference.

B. STEP 2. Conduct the Pre-Proposal Conference and Site Visit.

The second ordering step for most requirements is a pre-proposal conference and site visit. The TOR/RFP may, but is not required to, establish attendance at the pre-proposal conference and site visit as a gateway pass/fail criterion.

C. STEP 3. Contractor RFIs Submitted.

Contractors must submit timely written RFIs about any questions. Contractors have a duty to inquire about any matter that is material to proposal submission timely before submission of a proposal.

Contractors bear a duty and responsibility to inquire about any patent ambiguity, missing attachments or referenced documents, and confirm any assumptions before submission of a proposal.

D. STEP 4. Government RFI Answers Released.

The Government issues written answers to all RFIs submitted by amendment of the TOR/RFP.

E. STEP 5. Proposal Submission.

MACC II Contractors must submit proposals timely on or before the due date and time specified by the TOR/RFP.

F. STEP 6. Government Proposal Review.

The next step in ordering is review of the proposals received. The length of time required for proposal review varies significantly based on the complexity of the requirement, evaluation scheme, and schedule availability.

1. Proposals are evaluated using the stated criteria and evaluation scheme.

2. If pass/fail gateway criteria are included, those elements are evaluated first.

3. When a technical proposal is required, the evaluation team conducts an evaluation before the price volume is opened.

4. Technical and past performance volumes are often considered concurrently.

5. Price is usually evaluated next, and always after the technical evaluation is transmitted in final form from the technical evaluation team to the Contracting Officer.

6. The Government prefers to make awards without discussions. The Contracting Officer considers all inputs from technical, past performance, and price evaluations under the criteria and evaluation scheme specified by the TOR/RFP when deciding to make and award or proceed to discussions.

7. If no discussions are required, proceed to STEP 7. If discussions are required, see STEP 6A and 6B.

a. STEP 6A. Evaluation Notices Issued. If discussions are required, evaluation notices with comments are issued. A brief but reasonable amount of time is provided to receive evaluation notice responses from Contractors. In some cases, a second site visit is held and/or another round of RFIs is opened. In some cases, offerors may be asked for a revised (or best and final) proposal.

b. STEP 6B. Contractors submit revised (or best and final) proposals. Upon receipt, STEP 4 begins again. The process repeats until an award decision is made or the TOR/RFP is withdrawn or cancelled. Discussions often add thirty (30) to ninety (90) days to the pre-award process.

G. STEP 7. Task Order Sent for Contractor Review and Signature.

Once an award decision is made, a task order is usually prepared and routed to the Contractor for review, signature, and return. In rare cases, a task order may be issued unilaterally with a request for Contractor execution and return to confirm acceptance of the order.

H3. CONDUCT REQUIREMENTS

3.1. Requirements for Individuals and Contractor, Subcontractor, and Suppliers.

A. All individuals entering in or on Government property, buildings, and leased facilities are subject to all facility rules, regulations and conduct requirements in effect at the time of presence. The Government may supplement facility rules and conduct requirements at any time to address safety, health, security, and other issues.

B. The Government may inspect packages, briefcases and other containers in the immediate possession or vicinity of visitors, employees, or other persons arriving on, working at, visiting, or departing from Federal property. The Government may conduct a full search of a person and the vehicle the person is driving or occupying at any time.

C. All individuals entering in or on the Pentagon Reservation are subject to all facility rules, regulations, and conduct requirements in effect at the time of presence on the Pentagon Reservation including, but not limited to, the requirements at 32 CFR Part 234 – Conduct on the Pentagon Reservation. The Pentagon Reservation is defined at 10 U.S.C. 2674(f) Definitions. The term “Pentagon Reservation” means the Pentagon, the Mark Center Campus, and the Raven Rock Mountain Complex.

D. All individuals entering in or on Federal property managed by the General Services Administration are subject to all facility rules, regulations, and conduct requirements in effect at the time of presence including, but not limited to, 41 CFR Part 102-74 – Facility Management, Subpart C – Conduct on Federal Property.

3.2. Code of Federal Regulations.

The most current version of the Code of Federal Regulation (CFR) is available at https://www.ecfr.gov.

3.3. Parking.

Parking on the Pentagon Reservation, military installations, and Federal properties is restricted to authorized vehicles only. Contractors and all Contractor employees and subcontractors must comply with all parking rules, regulations, and policies at all times.

3.4. Speed Limits Strictly Enforced

Posted speed limits are strictly enforced on the Pentagon Reservation, military installations, and Federal properties.

3.5. Compliance with Public Health and Safety Requirements Required.

A. All individuals entering in or on the Pentagon Reservation must follow Department of Defense guidance on the use of face coverings and masks, social distancing, and comply with health guidance from the Centers for Disease Control for control and management of pandemic and epidemic disease such as, but not limited to, the Coronavirus Disease pandemic that began in 2019.

3.6. Penalties for Violations

Violations of any facility rule, regulations and conduct requirement may result in civil, criminal, and/or contractual action. Parking violations may result in fines, towing, and/or contractual action.

H4. SUPPLEMENTAL GOVERNMENT UTILITY SERVICES INFORMATION

4.1. Supplemental to Contract Clauses, Terms, and Conditions

This term must be read together with contract clause FAR 52.236-14, Availability and Use of Utility Services (Apr 1984), and FAR 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984).

4.2. Utilities that May Be Available at No Charge

Reasonable amounts of the three (3) types of utilities listed below are available from existing outlets and supplies without charge when sufficient supply is available to safely and reliably meet Government and Contractor requirements simultaneously.

A. Electricity

B. Potable Water

C. Sanitary Sewer

4.3. Contractor Care and Conservation Required.

A. The Contractor must not allow any liquids or materials that are not suitable for disposal in the sanitary sewer to enter the Government's sanitary sewer system.

B. The Contractor must carefully conserve any utilities furnished without charge.

4.4. No Guarantee of Utility Supplies

There is no guarantee the Government has sufficient supply available to support Contractor requirements.

If the supply of electricity, potable water, and sanitary sewer capacity from existing outlets and supplies is not adequate to meet Government and Contractor needs simultaneously, the Contractor must provide their own electricity, potable water, and disposal of liquids off-site at no increase to cost or schedule.

4.5. Other Matters

All other utilities and disposal of liquid waste that is not suitable for disposal using the sanitary sewer system are solely the Contractor's responsibility to provide at no increase to cost or schedule unless a task order issued under MACC II terms states otherwise.

H5. SUPPLEMENTAL POST-AWARD PROPOSAL REQUIREMENTS AND LIMITATION ON MARK-

UPS FOR CONTRACT AND TASK ORDER MODIFICATIONS

5.1. Definitions.

The definitions in this list supplement FAR and DFARS definitions for use in contract term H5. The specific definitions shown must be used to interpret and apply H5. SUPPLEMENTAL POST-AWARD

PROPOSAL REQUIREMENTS AND LIMITATION ON MARK-UPS FOR CONTRACT AND TASK

ORDER MODIFICATIONS.

A. “Contract” is defined at FAR 2.101.

B. “Mark-Up” means to the collective percentage-based overhead, fee, and profit percentages limited by contract term H5.

C. “Modification” means any modification to contract terms within the scope of paragraph (b) under any contractual authority available under this contract.

D. “Overhead” means allocable and allowable general and administrative costs, bid and proposal preparation costs, insurance costs, field and office executive, management, supervisors and, staff (including clerical) other than contractually required key personnel, post-award bid and proposal preparation costs, home office overhead, back office overhead, field overhead, material overhead, project security, subcontractor bonding costs, subcontractor default insurance, use of small tools, incidental job site burdens (including, but not limited to, vehicles, allowances, gas, office equipment, trailer rental, utilities, communications services, cellular telephones and smart phones, internet services and data charges, and similar costs), and any other indirect cost calculated by an indirect cost rate except for labor overhead associated with payroll taxes, fringe benefits, and compensated absences. This definition applies to the prime Contractor and any subcontractor, vendor, or supplier at any level except the acquisition cost for commercial and commercial-off-the shelf materials and supplies procured to accomplish the work. Prime Contractor bonding costs reimbursable under the terms of FAR 52.232-5(g) Reimbursement for bond premiums are not included in overhead.

E. “Overhead Percentage” means the rate used to calculate overhead.

F. “Post-Award” means after the contract or task order award date.

G. “Profit” includes fee and/or profit included by a Contractor, subcontractor, vendor, material manufacturer, or supplier at any level.

H. “Profit Percentage” means the rate used to calculate profit or fee.

I. “Task Order” is defined at FAR 2.101. For purposes of contract term H5, “Task Order” means an order issued under the terms of this contract.

5.2. Scope.

The requirements of contract term H5 supplement FAR and DFARS clauses and requirements. Contract term H5 establishes contractual advance agreement on post-award treatment of selected costs applicable to all post-award modifications to this contract and task orders issued under the terms of this contract, including, but not limited to, changes, change orders, equitable adjustments, claims, modification requests for proposal, and Contractor proposals for post-award contract modifications.

A. All modifications are subject to the limitations of contract term H5.

B. Contract term H5 applies equally to added and deleted work.

C. Contract term H5 does not apply to deleted work already completed. When a modification includes deleted work already completed, the price for deleted work must use the mark-ups as applied at the time the particular deleted work already completed was originally contracted.

D. Contract term H5 requirements flow down to any subcontractor, vendor, material manufacturer, or supplier at any level to the extent necessary to implement contract term H5.

5.3. Bond Premium Adjustments.

Prime Contractor bond premium adjustments for modifications are allowable as a direct cost at the rate shown on the face of the SF 25 Performance Bond for the particular construction task order modified.

Adjustments to bond and insurance premiums that are not expressly required by the contract are allowable when considered mark-ups subject to limitation.

5.4. State and local taxes.

State and local taxes assessed on necessary construction materials, supplies, and services associated with a modification are allowable as a direct cost. State and local taxes are not mark-ups.

5.5. Excess Mark-Ups Unallowable.

Mark-Ups exceeding the limits stated in contract term H5 are unallowable, and must not be paid.

5.6. Modifications valued up to $100,000.00 (Exclusive of Mark-ups).

No Contractor, subcontractor, vendor, material manufacturer, or supplier at any level is entitled to more than a 10.0% overhead mark-up and a 10.0% profit mark-up for modifications. The sum of all overhead and profit mark-ups for the Contractor plus all subcontractors, vendors, material manufacturers, or suppliers at any level must not exceed 25.0% of the cost excluding mark-ups for the physical work is performed.

For example, if, as a result of a change, the subcontract price excluding mark-ups of a fifth tier subcontractor is increased by $100,000.00, and the work performed by this fifth tier subcontractor constitutes all or substantially all of the work contemplated by the change, the resulting increase in prime contract price must not exceed $125,000.00 ($100,000.00 * 1.25 = $125,000.00).

5.7. Modifications valued greater than $100,000.00 but less than $500,000.00 (Exclusive of Mark-ups).

No Contractor, subcontractor, vendor, material manufacturer, or supplier at any level is entitled to more than a 7.5% overhead mark-up and a 7.5% profit mark-up for modifications. The sum of all overhead and profit mark-ups for the Contractor plus all subcontractors, vendors, material manufacturers, or suppliers at any level must not exceed 20.0% of the cost excluding mark-ups for the physical work is performed.

subcontractor is increased by $200,000.00, and the work performed by this fifth tier subcontractor constitutes all or substantially all of the work contemplated by the change, the resulting increase in prime contract price must not exceed $125,000.00 ($200,000.00 * 1.20 = $240,000.00).

5.8. Modifications valued $500,000.00 or more (Exclusive of Mark-ups).

No Contractor, subcontractor, vendor, material manufacturer, or supplier at any level is entitled to more than a 5.0% overhead mark-up and a 5.0% profit mark-up for modifications. The sum of all overhead and profit mark-ups for the Contractor plus all subcontractors, vendors, material manufacturers, or suppliers at any level must not exceed 15.0% of the cost excluding mark-ups for the physical work is performed.

subcontractor is increased by $600,000.00, and the work performed by this fifth tier subcontractor constitutes all or substantially all of the work contemplated by the change, the resulting increase in prime contract price must not exceed $690,000.00 ($600,000.00 * 1.15 = $690,000.00).

5.9. Contractor Modification Price Proposal Template Required.

The Contractor must supplement all post-award proposals with the modification price proposal worksheet specified in section H1.23.B. unless the Contracting Officer specifies otherwise in writing.

5.10. Proposal Documentation Requirement for Mark-Ups.

Contractor modification proposals must include supporting documentation that identify the overhead and profit mark-up rates and amounts applied by the Contractor, and all subcontractors, vendors, material manufacturers, or suppliers at any level that contribute to the cost of a modification.

5.11. Detailed Proposals Required.

Proposals must provide labor hour breakouts for included commercial and non-commercial services and detailed breakouts of labor rates, overhead, profit, equipment, materials, and supplies included with a commercial or non-commercial subcontractor, vendor, or supplier proposal.

5.12. Unit Prices Required for Materials and Supplies.

Proposals must provide unit prices for commercial and commercial off-the-shelf material and supply items without regard to performer. No breakout of overhead or profit elements for unit prices of commercial and commercial-off-the shelf material and supply items is required.

5.13. Disclosure of Overhead and Profit Mark-Up Rates Required.

In the event a Contractor modification proposal does not document overhead and/or profit mark-up rates and amounts included by the Contractor or any subcontractors, vendors, material manufacturers, or suppliers at any level that contribute to the cost of a modification, the Government intends to generally assume the Contractor, subcontractor, vendor, material manufacturer, or supplier at any level that failed to document the actual rates applied used at a 10% overhead rate and 10% profit rate for proposal evaluation.

A. For example, if a first-tier design subcontractor’s fee proposal for $100,000.00 does not state the overhead and profit rates included in the total price, the Government may assume a 10% overhead rate and 10% profit rate were included in the $100,000 total price.

B. The cost of the physical work performed by the design Contractor is estimated by a two-step process. First, 10.0% ($100,000.00 * 0.1 = $10,000.00) is subtracted from the price to identify the cost of the physical work performed plus overhead ($100,000.00 - $10,000.00 = $90,000.00).

C. Next, 10.0% ($9,000.00) is subtracted from $90,000.00 to establish the $81,000.00 estimated cost for the physical work performed. This estimated cost is used to determine the maximum mark-up dollars available.

D. If the design subcontractor work constituted all or substantially all of the work contemplated by the change, the limitation on mark-ups described in paragraph (f) applies. The sum of all overhead and mark-up on a modification valued up to $100,000.00 exclusive of mark-ups must not exceed 25.0%.

As a result, maximum available mark-up is $20,250.00 ($81,000.00 * 0.25 = $20,250.00). The maximum total price for the modification is $101,250.00 ($81,000.00 + $20,250.00 = $101,250.00).

E. The design subcontractor consumed $19,000 ($100,000.00 - $81,000.00 = $19,000.00) of the $20,250.00 available mark-up, leaving $1,250.00 available for overhead and profit for the Contractor.

5.14. Proposals Must State Contractual Authority or Authorities for Modifications.

For Contractor-initiated proposals, the proposal must state the contractual authority associated with the Contractor’s theory of entitlement to a modification or adjustment to contract terms. At the Contracting Officer’s sole discretion, a Contractor-initiated proposal that does not state a valid contractual authority may deemed inadequately documented or denied.

5.15. Proposals Must Be Adequately Documented or Costs Unallowable.

Pursuant to FAR 31.201-2(d), any or all of any claimed cost that is inadequately supported may be disallowed. The Contracting Officer reserves the exclusive right to determine the adequacy of proposal documentation and determine an inadequately supported cost is unallowable. Any unallowable cost must not be paid.

5.16. Government Right to Challenge or Disallow Costs.

Pursuant to FAR 31.201-3(a), the Contracting Officer or Contracting Officer’s Representative may challenge any specific cost included with a proposal. Once challenged, the Contractor bears the entire burden of proof to establish that a challenged cost is reasonable by narrative supported with factual evidence. The Contractor must cite the contractual authority. The Contracting Officer reserves the exclusive right to evaluate proof provided by the Contractor for any challenged cost and determine if the cost is reasonable. Any cost that is not determined reasonable by the Contracting Officer is unallowable and must not be paid.

H6. CONTRACT-SPECIFIC DEFINITIONS AND CONVENTIONS

The parties agree to the following MACC II contract-specific definitions and interpretation conventions.

6.1. Definitions.

A. “Clean Soil Spoils” See Excavated Clean Soil.

B. “Contaminated Soil Spoils” See Excavated Contaminated Soil.

C. “Excavated Clean Soil” Excavated clean soil is that which is deemed suitable for reuse on the Pentagon Reservation or as fill material under the provisions of 9 VAC 20-81-660 D.2.d in effect on 4 Apr 2021. Excavated clean soil may have small amounts of contaminants that do not exceed 50 mg/kg total petroleum hydrocarbons (TPH) and total benzene, toluene, ethylbenzene and xylene (BTEX) less than 10 mg/kg and other minor contamination below established regulatory thresholds and be considered Excavated Clean Soil for purposes of contract pricing. This definition does not apply to imported soil. This definition does not change soil handling requirements established by any task order.

D. “Excavated Contaminated Soil” Excavated Contaminated Soil is non-hazardous contaminated soil that contains contaminants in excess of acceptable levels for reuse on the Pentagon Reservation or as fill material under the provisions of 9 VAC 20-81-660 D.2.d in effect on 4 Apr 2021 for purposes of contract pricing. This definition does not apply to imported soil. This definition does not change soil handling requirements established by any task order.

6.2. MACC II Contract Interpretation Conventions.

A. The clause FAR 52.203-13, Contractor Code of Business Ethics and Conduct flows down to all task orders issued under MACC II terms. The Contractor must:

1. Make a copy of the Contractor Code of Business Ethics and Conduct available to each

Contractor employee engaged in performance of the contract and all task orders issued under MACC II terms; and,

2. Submit a copy of the Contractor Code of Business Ethics and Conduct by transmittal to the

Contracting Officer and COR within thirty (30) days after contract award.

3. Submit a copy of any revised Contractor Code of Business Ethics and Conduct by transmittal to the Contracting Officer and COR within thirty (30) days after each task order award and within thirty (30) days of any changes to the Contractor Code of Business Ethics and Conduct.

B. The Contractor accepts and understands the duty to report to the Contracting Officer in writing any matter or issue that may adversely affect Contractor responsibility under the FAR 9.104-1 General standards or is among the FAR 9.406-2 Causes for debarment to the Contracting Officer within no more than ten (10) days after issue identification.

C. The Contractor accepts and understands the period available to assert its right to an adjustment under any contract clause is limited to a maximum of thirty (30) days after the Contractor knew or should have known a proposal for adjustment was required. The Government’s policy for interpretation of this time span for all task orders issued under MACC II terms and conditions is no extension of time is available unless the Contractor requests additional time in writing before the thirty (30) day period expires and receives a written time extension from the Contracting Officer.