Solicitation Attachment XY - On and Off-Ramp Procedures.pdf

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 from the pools of effective IDIQ contract awardees. For purposes of evaluating Off-Ramp methods the Government will review the contractor’s performance for each anniversary year IAW the methods identified below. Termination for Default, Termination for Convenience are not restricted to the anniversary date and may be enforced at any time throughout the life of the IDIQ. 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)’

This clause in no way modifies the right and responsibility of the Governments or contractor under FAR clause 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.

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. The Government reserves the right to off-ramp a contractor from the IDIQ and complete ongoing Task Orders awarded prior to when the off ramp occurred. However, it is the Government’s intent to maintain a strategic relationship with IDIQ contractor for the duration of the IDIQ order period. IDIQ contractor Termination at no cost to the Government under the off-ramp process shall not constitute a basis of contractual adjustment or a claim under the Disputes Clause.

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.

Under this solicitation, during the proposal phase, after all proposals are received, they will be evaluated in accordance with the terms of this solicitation. The Government may identify up to two

(2) On-Ramp IDIQ contractors, with effective dates “To Be Determined (TBD). Effective IDIQs are immediately available for competing on solicitation for Task Orders; On-Ramp IDIQs are effective only after the Government has made an On-Ramp IDIQ contract effective by modifying the TBD date to make it effective, in accordance with the instructions. The Contracting Officer shall review each effective and On-Ramp awardee at least annually and prior to making any On- Ramp IDIQ contract effective, or as otherwise determined useful, for standard contractor responsibility criteria as described by FAR part 9.104. The Contracting Officer may, in his/her discretion, off-ramp the effective or On-Ramp IDIQ Contracts of those awardees who do not meet the responsibility criteria.

In the process of making an On-Ramp IDIQ contract effective for Task Order competitions, the Government will rely on the original evaluation results and will only consider those offerors who were awarded On-Ramp IDIQs under this solicitation. If the Government chooses to make an On- Ramp IDIQ effective, the Government will choose the lowest priced offeror among the On-Ramp IDIQ contract awardee pool, and the Government will unilaterally modify only the “TBD” effective date of the On-Ramp IDIQ contract to make it effective for Task Order competition as of the date, or an agreed upon date, by both parties. The On-Ramp IDIQ contract holder would then be included in the effective IDIQ contract pool for this solicitation and may compete for Task Orders. The Government will promptly send written notice to existing effective IDIQ contract holders of any On-Ramp IDIQ contract that was made effective.

A separate solicitation and evaluation is not required to process an On-Ramp IDIQ contract. On- Ramp IDIQs will be made effective under the originally awarded On-Ramp IDIQ terms and conditions, with no minimum guarantee. No negotiation of terms will be conducted after award of the On-Ramp IDIQ. If the offeror does not agree to accept the Government’s unilateral modification action to make the On-Ramp effective for Task Order competition, with the terms as originally awarded, or for any reason rejects the Government’s action to initiate an effective date for its On- Ramp IDIQ, the Government will off-ramp that On-Ramp IDIQ contract and the offeror with the next lowest price amount the offerors in the On-Ramp pool will be processed as described herein for the on-ramp. After on-ramp is completed and the On-Ramp IDIQ contract is made effective for Task Order competition, any adjustment to terms and conditions of the IDIQ contact may be considered in the sole discretion of the Government in order to make the newly-effective IDIQ contract consistent with the existing effective IDIQ contracts (e.g., to account for any contract modification that affected all originally awarded IDIQ contract).

Under either method of on-ramping of additional effective IDIQ contract awardees, any IDIQ contractors made effective under these on-ramp procedures will not exceed the ordering period or period of performance for that length of time remaining in the originally awarded IDIQ.