Solicitation Attachment XY - On and Off-Ramp Procedures (1).pdf

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Attached to
JB Charleston Multiple Award Construction Contract
Solicitation number
FA441826R0009
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This document is a Solicitation Attachment outlining the On & Off-Ramp Procedures for an IDIQ (Indefinite Delivery/Indefinite Quantity) contract.

The Off-Ramp procedures establish the Government's right to remove contractors from the IDIQ during its performance period through methods including termination for default, termination for convenience, and no-cost settlement under FAR Part 49. Contractors may be off-ramped for specific performance deficiencies, including: failure to submit responsive proposals on 75% of task order requests over a twelve-month period; late performance or delinquent task order completion; inability to maintain required certifications; poor task order performance as evidenced by Contracting Officer notification or CPARS ratings below Satisfactory; unresponsiveness to warranty work; failure to provide responsive (72-hour) customer service with a maximum of five occurrences in a twelve-month period; or unsafe site conditions resulting in OSHA discrepancies. By submitting a proposal, contractors agree that termination at no cost to the Government will not constitute a default. The Government will provide 30 calendar days' written notice before off-ramping a contractor, who must complete all ongoing task orders.

The On-Ramp procedures authorize the Government to add up to three additional contractors to the IDIQ at any time during the contract period to enhance competition. The Government may select any number of On-Ramp awardees based on the Contracting Officer's determination that it is in the Government's best interest, particularly to address inadequate task order competition or shrinkage of the original awardee pool. On-Ramp awards will be made to the lowest priced offeror after responsibility review under FAR 9.104, without requiring a separate solicitation or evaluation process.

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Solicitation Attachment XY – On & Off-Ramp Procedures

OFF-RAMP PROCEDURES: The Off-Ramp process under an IDIQ contract encompasses several methods by which the Government may exercise its right to remove a contractor. The Government will periodically review the contractor’s performance. The Off-Ramp methods include, but are not limited to, procedures under:

FAR Part 49 for contractor or orders thereunder (Termination for Default, Termination for convenience of the Government, Termination with No-Cost Settlement)

The Government, in its sole discretion, reserves the right to off-ramp a contractor by enforcing the contract Termination, at no cost to the Government, for the reason stated in Clause 52.249-2, or reasons below:

• Failure to submit responsive proposals on 75% of task order proposal requests over a twelve

(12) month period of performance

• Late performance of Task Order workload such as completing Task Orders in delinquent status or being assessed liquidated damages on Task Orders

• Inability of prime contractor or subcontractors performing work to maintain proper certification

• Poor Task Order performance as evidence by Contracting Officer notification or CPARS ratings under Satisfactory Rating.

• Unresponsiveness to warranty work

• Failure to provide responsive (72 hrs.) customer service. Maximum of five (5) occurrences over a twelve (12) month period. Twelve (12) month period will begin on the IDIQ Award Effective Date. The award’s effective date will then mark the anniversary date for that IDIQ for the remainder of the life of the IDIQ.

• Unsafe site conditions resulting in an Occupational Safety and Health Administration (OSHA) discrepancy.

By submitting a proposal under the original solicitation for this requirement, the contractor agrees (i.e., as under a bilateral agreement) to be bound by the terms and conditions of these instructions.

As such, the Contractor agrees that Termination at no cost to the Government will not result in a termination for Default.

The Government will provide a 30-calendar day written notice if it intends to off-ramp an IDIQ contractor. On Off-Ramped contractor is required to complete ongoing Task Orders.

ON-RAMP PROCEDURES: The Government reserves the right to “On-Ramp” additional contractors during the life of this IDIQ contract by activating On-Ramp IDIQ awards. On-ramp of contractors may take place at any time after the initial set of effective IDIQ awards under this solicitation. The Government may choose to on-ramp any number of On-Ramp IDIQ awardees when the Contracting Officer determines it is in the Government’s best interest to do so in order to enhance the competitive environment of Task Order solicitations under the originally awarded IDIQ contracts. This may be due to any reason, including the lack of robust competition for Task Orders or a shrinking of the competitive pool of original effective IDIQ awardees under this solicitation.

The Government may identify up to three (3) On-Ramp IDIQ contractors, with effective dates To Be Determined (TBD). If the Government chooses to make an On-Ramp IDIQ effective, the Government will choose the lowest priced offeror. If On-Ramped, a contractor will be awarded a contract by the Contracting Officer. The Contracting Officer will review responsibility criteria in accordance with FAR 9.104 prior to making an award. A separate solicitation and evaluation is not required to On-Ramp a contractor.

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