RFP Atch 2a Special Contract Requirements.pdf

SPECIAL CONTRACT

REQUIREMENTS

MULTIPLE AWARD

CONSTRUCTION

CONTRACT (MACC)

MOODY AIR FORCE BASE, GA

10 June 2024

RFP FA483024R0007

Attachment 2a

SPECIAL CONTRACT REQUIREMENTS

TABLE OF CONTENTS

• SECTION 1 TITLE

• SECTION 2 PROGRAM DESCRIPTION

• SECTION 3 GENERAL TERMS

• SECTION 4 ORDERING PROCEDURES

• SECTION 5 ON/OFF RAMP PROCEDURES

• SECTION 6 FUNCTIONS OF GOVERNMENT PERSONNEL

• SECTION 7 ADMINISTRATION

• SECTION 8 CONTRACTOR PERFORMANCE

• SECTION 9 BASE REQUIREMENTS

SPECIAL CONTRACT

REQUIREMENTS

1. TITLE

Multiple Award Construction Contract (MACC)

2. PROGRAM DESCRIPTION

2.1. The MACC program is required in support of 23d Civil Engineer Group (23 CES), Moody Air Force Base, Grand Bay Range, Valdosta Regional Airport, Grassy Pond, Spence Field in Georgia and Avon Park, Florida. The responsible office for contract management and contractor performance is 23d Contracting Squadron (23 CONS).

2.2. The MACC is a contract method for execution of a broad range of design-build, bid-build projects for maintenance, repair, and minor construction. Project Task Order (TO)s can vary from trades such as carpentry, plumbing, electrical, mechanical, painting, pipe fitting, sheet metal, welding, roofing, site work, site utilities, excavation, concrete masonry, pavement repair, asbestos and lead paint removal, security hardware installation, mold remediation, and demolition.

2.3. All work shall be in conformance with drawings and specifications provided in Moody Installation Guide Specifications and MACC General Statement of Work (SOW) to include furnishing of labor, materials, supervision, equipment, and related items necessary to design, manage, and accomplish each

TO.

2.4. Performance will be accomplished through individual TOs. Project scope and period of performance of each TO will be identified by the Government. All work on individual TOs shall be coordinated with 23 CONS and 23 CES.

3. GENERAL TERMS

3.1. Contract Type and Length: The MACC is an Indefinite-Delivery Indefinite-Quantity (IDIQ) type contract with a single 5-year ordering period plus two one-year option periods (a total of 7 years). All TOs will be Firm-Fixed-Price (FFP).

3.2. Minimum Guarantee: The Government will satisfy the minimum guarantee requirement by issuing the first TO for $250 to each contractor at the time of the MACC award.

3.3. Contract Maximum or Contract Ceiling:. The “maximum,” as referenced in the contract clause FAR 52.216-22, “Indefinite Quantity,” is the contract total estimated cost. The Government anticipates that there will be a maximum estimated cost of $150,000,000 for the entire 7-year period (5-yr Ordering Period plus two one-yr. options). This estimated “maximum” amount may only be exceeded through a bilateral agreement between the Government and contractor. The contractor must be prepared to perform up to the contract maximum. If the Government’s requirements for services set forth in the solicitation do not result in orders in the amount described as the “maximum”, the event shall not constitute the basis for an equitable adjustment under this contract.

3.4. Minimum / Maximum Per Task Order: $2,000 / $7,000,000

4. ORDERING PROCEDURES

4.1. General Information

a. Ordering Authority: Orders will be placed in accordance with (IAW) the terms and conditions of the contract and FAR 16.505(b) as supplements. Orders placed under FAR 16.505 IDIQ contracts are not source selections and are not subject to FAR 15.3 procedures. As requirements are identified, the Government will issue a Fair Opportunity Proposal Request (FOPR) describing the Government’s requirements, proposal response time, and any additional terms and conditions or additional evaluation criteria.

b. Task Order Set-Aside: The FOPR will identify whether the FOPR is a small business set-aside, a HUBZONE set-aside, or an 8(a) set-aside. If a small business set-aside, all contractors may propose on the FOPR; if a HUBZone set-aside, only the contractors selected for contract awards in the HUBZone category may propose and if an 8(a) set-aside, only the contractors selected for contract awards in the 8(a) category may propose. Proposals submitted in response to a FOPR shall comply with the terms and conditions of the contract, its attachments, and any attachments to the

FOPR.

c. Task Order Award Eligibility: All TOs issued hereunder are subject to the basic MACC contract and the FOPR specific terms and conditions. Nonconformance with these instructions may result in rejection of the proposal, an unfavorable proposal evaluation, or being deemed ineligible for award. Proposals shall clearly identify any exception to the terms and conditions and shall provide complete supporting rationale. The Government reserves the right to determine any such exceptions are acceptable or unacceptable. Any exception determined unacceptable by the Government may result in the offeror’s proposal being determined unacceptable and ineligible for award. Responses to the FOPR will result in a FFP TO.

d. Interchanges: The Government intends to award all TOs without interchanges; therefore, MACC offerors should propose their best technical approach and price. However, the Government reserves the right to conduct interchanges if deemed in its best interest. Interchanges are fluid interactions between the Contracting Officer (CO) and the MACC contractors and may address any aspect of the proposal and may or may not be documented in real time. Interchanges may be conducted using Interchange Notices (IN). Offeror responses to INs will be considered in making the final award selection decision. Interchanges may be conducted with one, some or all offerors as the Government is not required to conduct interchanges with any or all contractors responding to a

FOPR.

4.2. Fair Opportunity Proposal Request: FOPRs will identify the information below, as applicable. Late proposals will be handled IAW FAR 52.215-1, Instructions to Offerors- Competitive Acquisition. Changes to FOPRs will be accomplished via amendments to the FOPR.

• Submission requirements

• FOPR number, project title, project number, location, point of contacts,

• Whether the project is design-build or bid-build

• Performance time and whether it is mandatory or negotiable

• Pre-proposal scoping/site visit date

• Specifications, Statement of Work (SOW)

• Drawings

• Construction Magnitude

• Offer acceptance period

• FOPR Closing date

• Pricing schedule

• Bonding and insurance requirements

• Any project specific liquidated damages

• Applicable wage determination

• Funding authority

• Submittal list

• Evaluation criteria

• Project specific proposal preparation instructions

• When Notice to Proceed (NTP) will be issued, if other than stated in the contract

4.2.1. Submission of Task Order Proposal: TO proposals shall be submitted via email to the Point of Contact identified in the FOPR or hand delivered to 23 CONS address: 4380 Alabama Road Bldg. 932, Moody AFB, GA 31699-1794. All TO proposals shall contain all information requested in the FOPR for the Government to conduct an adequate and accurate evaluation. All contractors shall propose on each FOPR issued under this contract, unless a written determination (i.e., “No-bid Letter”) is sent to the CO which documents why a contractor is unable to propose. The no-bid letter shall be forwarded to the CO no later than one day prior to the FOPR closing date. The CO reserves the right to utilize the off-ramp procedures for a contractor’s continued submittal of no-bid letters. (See 5.1. Off Ramp Procedures)

4.2.1.1. Technical Proposal: In general, the technical proposal shall include, but not limited to:

a) Bid-Build Project: Bid-build procedures will normally be used when project specific specifications and/or drawings are available to the Government. Proposal will typically require the following, as applicable:

• Preliminary Construction Schedule

• Construction Cost Estimate

• Quality Control Plan

• Site Safety Plan

b) Design-Build Project: Design-build procedures will be used to streamline the design process when specific specifications and/or drawings do not exist, but complex designs are not required.

Proposals will typically require the following, as applicable:

• 35%, 65%, 95%, and 100% final design

• Statement of Work (SOW)

• Site plan, floor plan, elevation, and cross section drawings

• Detailed design narrative

• Proposed period of performance for design, unless a required period is stated

• Proposed period of performance for construction, unless a required period is stated

• Design cost

• Construction cost broken down in Construction Specifications Institutes (CSI)

MasterFormat

4.2.1.2. Price Proposal: The price proposal shall reflect a breakdown of the proposed labor categories, proposed hours per labor category, and proposed labor rates per labor category for the design effort (if applicable). The contractor shall be evaluated on a total proposed price for the entire effort. Each construction work item of the price proposal shall consist of position numbers, description and quantity, unit of quantity, unit price, and total price.

4.2.2. Task Order Proposal Evaluation: Upon receipt of the contractors’ proposals, the Government will evaluate the proposals for technical acceptability and price reasonableness, utilizing any method for the best value continuum (Lowest Price Technically Acceptable (LTPA) or Subjective Tradeoff) IAW the DoD Source Selection Procedures. Typically, the evaluation methods will correspond with the level of design or complexity of the proposal to be submitted. Each FOPR will state evaluation criteria and the method of selection. The TO will be awarded only to a contractor whose proposed price is determined fair and reasonable; and who is determined to be responsible.

4.2.3. Requirement Cancellation: If, after following the evaluation procedures outlined in the FOPR, no proposal is acceptable or the Government loses the funding for the project; or if the project is no longer required prior to proposal acceptance, the Government reserves the right to cancel the requirement without any reimbursement to the contractors. The Government will notify all contractors of the cancellation.

4.2.4. Proposal Preparation Fees: The costs for preparation of TO proposals (including any design costs), if required under this contract, will not be provided, or reimbursed to any competing MACC contractors.

4.2.5. Period of Performance: Each FOPR will include the Government’s desired/required performance period. The contractor may propose a different period of performance for any given TO. If necessary, the performance period will be amended prior to solicitation closing date. The CO has the final decision regarding performance period.

4.2.6. Pre-Proposal Scoping/site Visit: After receipt of the FOPR, the contractor will attend the pre-proposal scoping/site visit in the company of the CO and/or Contract Administrator (CA), Government Project Engineer, and authorized representative of the using agency to conduct a scope validation.

4.2.7. Offer Acceptance: Offer acceptance period shall be 90 calendar days unless otherwise stated in the FOPR or notified by the Contracting Officer.

4.2.8. Bonding and Insurance Requirements: Payment and performance bonds are required IAW FAR 52.228-15, Performance and Payment Bonds-Construction. The Government may require additional bond protection if the contract price is increased. The contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract IAW FAR 52.228-5, Insurance-Work on a Government Installation.

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

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

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

4.2.9. Liquidated Damages: Liquidated damages, if applicable, will be identified on each TO IAW FAR 52.211-12, Liquidated Damages-Construction.

4.2.10. Funding: No award will be made under the FOPR until funds are available. The Government reserves the right to cancel a FOPR, either before or after the closing date. In the event the Government cancels a FOPR, the Government has no obligation to reimburse an offeror for any costs. For design-build projects, the construction funding may be added by a contract modification upon completion of the design phase.

4.2.11. Notice to Proceed (NTP): A NTP will be issued for each TO placed against the basic contract. The CO reserves the right to determine the issue date of any NTP. Design NTPs will be issued by a letter and construction NTP will be issued by a contract modification.

4.3. Work Hours

4.3.1. Standard Working Hours. The contractor shall perform tasks during the standard working period of 0700 to 1800, Monday through Friday. The Government estimates that work will be performed during standard hours 90% of the time. This figure is only an estimate. The contractor is not entitled to an equitable adjustment if actual work performed reflects a different value.

4.3.2. Non-Standard Working Hours. Non-standard working hours are defined as the period from 1800 to 0700, Monday through Friday, as well as weekends. The Government estimates that work will be performed during non-standard hours 10% of the time. This figure is only an estimate. The contractor is not entitled to an equitable adjustment if actual work performed reflects a different value.

4.3.3. Items of work to be accomplished during non-standard hours shall be clearly identified in contractor’s technical/price proposals, including justification for the request. The contractor may elect to work during non-standard hours or weekends; however, a request must be submitted in writing to the cognizant 23 CES Program Manager at least 48 hours in advance and approved by the

CO.

4.4. Time Extensions (Weather)

4.4.1. In case of unusually severe weather, a time extension may be granted. The listing below defines the monthly anticipated adverse weather delay days for the contract period:

JAN – 2 days FEB –3 days MAR – 3 days APR – 3 days MAY – 3 days JUN – 4 days

JUL – 5 days AUG – 5 days SEP – 2 days OCT – 2 days NOV – 2 days DEC –2 days

4.4.2. The above schedule of monthly anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the NTP and continuing throughout the contract on a monthly basis, actual adverse weather days will be recorded by the contractor for each calendar day (including weekends and holidays) and compared to the monthly anticipated adverse weather days above. The contractor shall prove to the CO all severe weather delays with a full justification (to include official daily weather report print-outs, concrete curing temperature specifications, etc.). The CO reserves the right to deny weather delay claims that are not fully justified.

4.4.3. The number of actual adverse weather days shall be calculated chronologically from the first to the last day in each month. Once the total number of actual adverse weather days anticipated above has occurred, the CO will examine any subsequently occurring adverse weather days to determine whether a contractor is entitled to a time extension. These subsequently occurring adverse weather days must prevent work for 50% or more of the contractor’s workday and delay work critical to the timely completion of the project. The CO will convert any delays meeting the above requirements to calendar days and issue a modification.

4.4.4. The contractors TO cost loaded construction schedule and schedule of values must reflect the above anticipated adverse weather delays on all weather-dependent activities.

5. ON/OFF-RAMP PROCEDURES

The Government will ensure that an adequate number of contractors are available to achieve effective competition on TOs. Contract holders are expected, in good faith, to participate in the TO competitions, and if successful, to deliver quality projects on time and on cost, to include management and supervision of subcontractors. To ensure these goals are maintained, the On/Off Ramp Procedures are established as follows:

All received proposals under this solicitation will be evaluated IAW the terms and conditions of the solicitation. The Government will then award a total of nine (9) MACC IDIQ contracts: three (3) HUBZone small businesses, three (3) 8(a) concerns, and three (3) Small Businesses. However, the Government may also reserve a vendor pool of approximately two (2) “On-Ramp” contractors for each category in case additional MACC awardees are needed for any of the socioeconomic SB categories in the future. On-Ramp contractors will be selected based on ranked evaluation results from the initial MACC solicitation in order of ranking (e.g., #4 and #5 after the three contract awardees in each category).

If selected, the On-Ramp contractors will be notified with their evaluation ranking status at the time of the initial MACC contract awards. NOTE: The reserved on-ramp pool members will not participate as a prime contractor in any MACC TO competition. Instead, if the Government decides to on-ramp, the pool members will have a right of first refusal per sequential order (See paragraph 5.2.1) to be awarded a prime contractor without further competition, provided the reserved pool member is determined responsible. No other rights, obligations or liabilities are attached to either the reserved pool member or the Government beyond what is stipulated in this paragraph. The Government reserves the right to remove from or add to the existing pool of MACC awardees by utilizing “On-Ramp” and/or “Off-Ramp” procedures specified below:

5.1. Off-Ramp Procedures: The off-ramp process under the MACC contract encompasses several methods by which the Government may exercise its right to remove a contractor from the pool of MACC contract awardees. The Off-Ramp methods include, but are not limited to, procedures specified below:

FAR Part 49—Termination of Contracts, for contractors or orders thereunder (Termination for Default, Termination for Convenience of the Government, Termination with No-Cost Settlement)

5.1.1. The Off-Ramp clause in no way modifies the right and responsibility of the Government or contractor under the FAR Part above, or the authority provided by the FAR in the Disputes Clause or Changes Clause. In the event of any conflict between the terms of this clause and above mentioned FAR clauses, the terms of the FAR clauses (as applicable) shall take precedence.

5.1.2. The Government, in its sole discretion, reserves the right to off-ramp a contractor for the following, but not limited to, reasons below:

• Excessive submittal of “No Bid” letters (more than three (3) per fiscal year) in response to FOPRs

• Failure to self-perform at least 15% of the work

• Consistently poor TO performance as evidenced by customer feedback to the CO or an

“Unsatisfactory” rating on Contractor Performance Assessment Reporting Systems (CPARS) on any rating category

• Unresponsiveness to warranty work

• Late performance of TO workload (Other than Government delays or weather delays)

5.1.3. The Government will provide a 30-calendar day written notice if it intends to off-ramp a MACC contractor. The Government reserves the right to off-ramp a contractor from the MACC and to require completion of all ongoing TOs awarded prior to when the off-ramp occurred.

5.2. On-Ramp Procedures: The Government reserves the right to on-ramp additional contractors at any time during the life of this MACC contract by on-ramping the selected On-Ramp contractors. On-ramping a contractor(s) may take place at any time after the initial onset of MACC awardees to enhance the competitive environment of TO solicitation under the originally awarded MACC contracts. This may be due to any reasons, including the lack of robust competition for TOs or shrinking of the competitive pool of original MACC awardees. The On-Ramp procedures are described below:

5.2.1. If it is determined to be in the Government’s best interest to add contractors to the existing pool of the MACC awardees, an on-ramp may be executed at any time during the terms of the MACC. In this event, #4 ranked On-Ramp contractor in the selected socioeconomic SB category will be subject to meet the standard contractor responsibility criteria described by FAR 9.104. If determined responsible, the Government will send written notice of its intent to on-ramp that contractor with an effective date of potential award at least 30 days prior to the intended award date. If the notified #4 on-ramp contractor does not agree to accept the Government’s offer to be on-ramped for any reason, the offer will be rescinded and the same offer will be made to #5 on-ramp contractor. Once on-ramp is complete, the on-ramped contractor will become an additional MACC awardee. The new contractor will then be offered a MACC IDIQ contract with an original guaranteed minimum and will be eligible to compete for future FOPRs issued against the basic MACC. The Government will promptly send a written notice to existing MACC contract awardees of any on-ramped contractor. The Government will not consider unsolicited requests for additional contractors.

5.2.2. In addition to the above, the Government reserves the right to on-ramp one or more new MACC contractors by reopening the competition using a separate solicitation and evaluation criteria at any time during the term of the MACC period of performance to add more MACC contracts to the existing pool of MACC contract awardees. In this case, the Government will advertise the reopening of the competition on System for Award Management (SAM). The anticipated number of awards will also be announced in the reopening announcement posted to SAM; however, the CO has the discretion to award more or fewer contracts than the number anticipated in the solicitation depending upon the quality of the offers received.

The evaluation and selection of new contract awardees for any on-ramp shall meet the requirement established in the initial Request for Proposal (RFP) and be subject to the same evaluation and award criteria used for the initial MACC contract awards. Current MACC contract holders will not re-compete.

5.2.3. Under either method of on-ramping procedures, any additions due to on-ramps will not impact the contract ceiling and will not exceed the original period of performance for the length of time remaining on the originally awarded MACC.

6. FUNCTIONS OF GOVERNMENT PERSONNEL

6.1. Contracting Officer (CO): The only person authorized to bind the U.S. Government, and then only to the extent of the authority vested in him or her by appointment. He or she is responsible for the contractor’s compliance with all the terms and conditions of the contract and is authorized to make changes to the scope of work.

6.2. Contract Administrator (CA): A liaison between the contractor and Civil Engineering. He or she is not authorized to make changes to the scope of work.

6.3. Project Manager (Technical Representative): Provides technical assistance and performs government inspections of construction. He or she is not authorized to make changes to the scope of work.

6.4. Construction Contractor’s Representative (Superintendent): Upon receiving each TO award, the contractor shall provide a Superintendent Designation letter to the CO. Superintendent can be dual hatted; however, to avoid a conflict of interest, superintendent cannot be dual hatted with a Quality Control Manager (QCM). Superintendent manages subcontractors, coordinates day-to-day production and schedule adherence, and performs duties IAW contract specifications. Must be on site at all times during the performance of work.

7. ADMINISTRATION

7.1. Post Award Documents: Bonds and insurance will be requested upon issuance of award for individual TOs.

7.2. Pre-Construction Conference: Prior to construction, a pre-construction conference will be coordinated by Contracting to discuss and develop a mutual understanding of administrative requirements IAW Moody AFB Specifications.

7.2.1. Attendees must include the Project Manager, Superintendent, Site Safety and Health Officer (SSHO), QCM, and major subcontractors.

7.2.2. Bring the following items to submit to 23 CONS:

• SF1413, Statement and Acknowledgment

• List of employees requiring base access

• List of employees requiring flight line or CMA training

• Superintendent Letter

• List of permits required for coordination

• All other documentation pertaining to construction that will require Government coordination prior to the start of construction

7.3. Schedule: A schedule is mandatory and must be submitted with 5 calendar days after the NTP for projects over 60 calendar days of performance. However, a schedule may be required for projects under 60 calendar days of performance when deemed necessary. No payments will be made until the schedule is approved. The work week is Monday through Friday unless otherwise agreed upon with the CO.

7.4. Weekly Administrative Documents: Documents are required to be submitted weekly.

7.4.1. The cost loaded construction schedule and schedule of values must be sent to the CA on Monday of each week for initial review. If any holidays fall on Monday, the cost loaded construction schedule and schedule of values shall be provided on the following business day. A progress meeting can be requested by the CO if work is behind by 5% or more.

7.4.2. Daily inspection reports shall be submitted weekly for each workday.

7.4.3. Weekly payroll reports are required IAW FAR 52.222-8 Payrolls and Basic Records.

7.5. Site Visits: The Project Manager may visit the site daily to assure compliance and construction progress. The CA performs periodic on-site inspections, employee interviews, and payroll reviews to determine compliance with the Davis Bacon Act as required by the contract.

7.6. Payments: Invoices must be submitted IAW DFARS 252.232-7006 Wide Area Workflow Payment Instructions and FAR 52.232-5 Payments under Fixed-Price Construction Contracts.

7.7. Contract Closeout: A final acceptance letter will be issued for individual TOs listing all required closeout documents for 23 CONS and 23 CES. A final inspection report will be included as an attachment for reference.

8. CONTRACTOR PERFORMANCE

8.1. Past performance evaluations will be prepared at least annually for each MACC participant and at the time the work under a contract or order is completed. Past performance evaluations will be prepared for each construction contract of $750,000 or more, and for each construction contract terminated for default regardless of contract value. Past performance evaluations may also be prepared for construction contracts below $750,000.

9. BASE REQUIREMENTS

9.1. Security Requirements: Enter Moody AFB at Bemiss Rd./Davidson gate.

9.1.1. Speed limit on base is 30 mph unless a speed limit sign is posted.

9.1.2. Seatbelt use is mandatory.

9.1.3. Text messaging is banned while driving IAW FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.

9.1.4. Firearms and drugs are prohibited.

9.1.5. Secure property and report thefts and accidents to Security Police.

9.1.6. Beware of FORCE PROTECTION conditions. Take cover with “Active Shooter” alarm.

9.1.7. No smoking in buildings. Use designated areas marked outside.

9.1.8. Sexual harassment and human trafficking are prohibited.

9.1.9. Employees may dine at the “The Spot”- Bowling Alley, Moody Field Club, Golf Course, Air Force Exchange food court, and available food trucks.

9.2. Base Pass: Coordinate all base pass requests through 23 CONS with at least 72 hours advanced notice.