Solicitation - FA570225R0001.pdf

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Al Udeid Air Base - Multiple Award Construction Contract
Solicitation number
FA570225R0001
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This document is a formal solicitation (FA570225R0001) for a Multiple Award Construction Contract (MACC) issued by the Department of the Air Force for maintenance and construction services at Al Udeid Air Base in Qatar. The contract is a Firm-Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) with a base period of five years and two potential one-year option periods, with an anticipated award of four IDIQ contracts.

The contract scope covers comprehensive maintenance, repair, and construction services for real property at Al Udeid Air Base, including maintenance and repair of existing structures, minor construction and alterations, and renovation work. The total maximum contract value is $200,000,000, with option line items valued at $40,000,000 each for Option Year 03 and Option Year 04. Contractors will be responsible for providing materials, labor, equipment, transportation, supervision, and technical design support. Performance will occur from July 2025 to July 2027, with task orders to be issued specifying specific project requirements, schedules, and costs.

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SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section A - Solicitation/Contract Form AUAB MACC On Boarding

Product Service Code: Z2JZ

FA570225R0001

Section B - Supplies or Services & Prices or Costs Additional Information/Notes

Item Supplies / Services Estimated Quantity Unit Unit Price Amount

Option Line Item

Option Year 03 - MACC IDIQ contract for Al Udeid AB, Qatar.

Product Service Code: Z2JZ Pricing Arrangement: Firm Fixed Price

40,000,000 Lot

Option Line Item

Option Year 04 - MACC IDIQ contract for Al Udeid AB, Qatar.

Product Service Code: Z2JZ Pricing Arrangement: Firm Fixed Price

40,000,000 Lot

Section C - Description/Specifications/Statement of Work See Section J for List of Attachments

Requirements The Contractor shall provide a comprehensive range of services related to the maintenance, repair, and improvement of real property at Al Udeid Air Base (AUAB) Qatar, encompassing both on-base facilities and the airfield. This includes, but is not limited to:

Maintenance & Repair: Addressing existing issues to ensure the continued functionality and safety of structures and infrastructure.

Minor Construction & Alterations: Executing smaller-scale building projects and modifications to meet evolving operational needs.

Renovation Work: Modernizing and upgrading existing facilities to enhance their functionality, aesthetics, and lifespan.

The contractor is responsible for executing all work in strict accordance with the contract specifications. This encompasses providing all necessary materials, labor, equipment, transportation, supervision, management, and ancillary services, including engineering and technical design support.

Requirements AUAB MACC On Boarding

Section D - Packaging and Marking

SECTION WILL NOT BE UTILIZED.

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-12 Inspection of Construction. Aug 1996 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements. Aug 1996 Overall Contract Inspection/Acceptance Locations

Option Line Item

Inspection and Acceptance Location

Both Source Instructions: Final Inspection will occur for each task order awarded in accordance with respective Statements of Work (SOW).

DoDAAC: FA5702

FA5702 379 ECONS

UNIT 1 BOX 1, APO AE 09309-0000

APO, AE 09309-0000

UNITED STATES

Contracting Officer Email: phillip.mott@us.af.mil Telephone: 3184554530

Option Line Item

Inspection and Acceptance Location

Both Source Instructions: Final inspection will occur for each task order awarded in accordance with respective Statements of Work (SOW).

DoDAAC: FA5702

FA5702 379 ECONS

UNIT 1 BOX 1, APO AE 09309-0000

APO, AE 09309-0000

UNITED STATES

Contracting Officer Email: phillip.mott@us.af.mil Telephone: 3184554530

Section F - Deliveries or Performance Overall Contract Delivery Period

Line Item Delivery Schedule Estimated Quantity

Address and POC

Option Line Item

40,000,000 Lot

Period of Performance From 08 Jul 2025 To 07 Jul 2026

Option Line Item

40,000,000 Lot

Period of Performance From 08 Jul 2026 To 07 Jul 2027

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.242-15 Stop-Work Order. Aug 1989 52.247-34 F.o.b. Destination. Nov 1991

52.247-52 Clearance and Documentation Requirements-Shipments to DoD Air or Water Terminal Transshipment Points.

Feb 2006

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Electronic invoicing.

Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before WAWF training.

submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. WAWF methods of document submission.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this WAWF payment instructions.

contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

DETERMINED AT TASK ORDER LEVEL

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

DETERMINED AT TASK ORDER LEVEL

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating Document routing.

payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____

Issue By DoDAAC ____

Admin DoDAAC ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance Payment request.

with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

DETERMINED AT TASK ORDER LEVEL

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

H-1 GENERAL TERMS

1. This is a firm-fixed price (FFP), Indefinite-Delivery Indefinite Quantity (IDIQ) Multiple Award Construction Contract (MACC). The maximum value for all contracts issued under this MACC is $200,000,000.00. All task orders placed under this MACC will follow the ordering procedures as identified in H-9, MACC Task Order Level Ordering Procedures. The contractor shall furnish all materials, equipment, and personnel necessary to design, manage, and accomplish each individual task order awarded under their respective IDIQs.

2. The contractor shall be required to attend all meetings as determined by the Contracting Officer (CO).

3. In addition to FAR clause 52.246-21, Warranty of Construction, the contractor shall furnish, as a minimum, one primary individual available to respond to all warranty calls. Following notification by the CO, the contractor shall respond to a warranty call in accordance with the "warranty service priority list" identified below.

(a) Emergency - Contractor shall be on-site within two hours from notification by the CO and begin determining the course of action, initiate work, and work continuously until completion unless otherwise agreed upon by the CO. Emergency calls are defined as situations that may cause serious damage to personnel, facilities, or equipment.

(b) Urgent - Contractor shall be on-site within 24 hours from notification by the CO and begin determining the course of action, initiate work, and work continuously until completion unless otherwise agreed upon by the CO. Urgent calls are defined as situations that may cause damage to personnel, facilities, or equipment.

(c) Routine - Contractor shall be on-site within 48 hours from notification by the CO and begin determining the course of action, initiate work, and work continuously until completion unless otherwise agreed upon by the CO. Routine calls encompass all calls not covered under emergency or urgent.

H-2 COMPLIANCE WITH LOCAL LABOR LAWS

The contractor shall be responsible for complying with any and all local laws, regulations, and labor union agreements governing hours, wages, labor regulations (including collective bargaining), worker's compensation, working conditions, fringe benefits, and other matters pertaining to labor standards and contracts. The contractor hereby indemnifies and holds harmless the United States government from any and all claims of any type arising out of or in connection with the requirements of this contract. This indemnity shall include the obligation of the contractor to handle and settle without cost to the USG, any claims or litigation against the USG based on the allegation that the contractor or the USG, or both, have not fully complied with local labor laws or regulations relating to performance of the work required by this contract.

H-3 SECURITY / PASS REQUIREMENTS

1. The contractor shall follow existing, and future, security procedures and instructions applicable to Al Udeid Air Base, Qatar. Refer to attachment 5 of the solicitation package. The USG shall not be liable for delays caused by inaccessibility through the Qatari Gate.

2. The contractor shall submit complete and correct pass request applications to 379 ECES UPC within 10 days after receipt of notice of award of individual task orders. If any personnel is not granted access on base, the contractor is liable to find replacement personnel that can be granted access The USG shall not be liable for delays resulting from Qatari pass coordination/approval.

3. The work site is located in a restricted or controlled area. The contractor may therefore experience delays due to compliance with entrance/exit requirements of restricted/controlled areas.

4. The U.S. or Host Nation may grant access for individuals of the following nationalities if they possess an approved Exception to Policy memo:

AFGHANISTAN, BURUNDI, CHINA, EGYPT, IRAN, IRAQ, LIBYA, MALI, NORTH KOREA, PAKISTAN, RUSSIA, SAUDIA ARABIA, SYRIA, VENEZUELA, and YEMEN.

Memo needs to be approved through Unit Pass Coordination (UPC) at Al Udeid Air Base, Qatar.

5. No Corporate officer or business owner can have been previously barred from gaining base access by any installation commander.

6. If a contractor's base access is rejected by the Host Nation at any time prior to award or during performance, the USG may terminate this contract in accordance with the terms and conditions of the contract (this includes but is not limited to termination for default and termination for convenience).

H-4 ESCORTS

Upon entry through the US Air Force Al Udeid Gate, contractor personnel are required to be in the presence of a military escort at all times. The USG shall provide escorts. The contractor shall comply with escort directions. Initial contractor personnel/escort requirements shall be discussed at the Pre-construction Conference.

The Contractor is required to submit an FP Escort Request Form no later than 96 hours prior to the time the escort is required. The request is routed via the 379 ECES Program Manager. Escorts will wait a maximum of one hour at the Visitor Control Center for the contractor on the date and time requested. Contracting will be notified after one hour of FP is waiting and if after two hours after the specified start time, the contractor will not be permitted to work that day. The USG shall not be liable for delays caused by the contractors' failure to follow the notification requirements established in the above timelines.

H-5 SECURITY / SEARCH

1. Upon entry through the Al Udeid Air Base Gate, contractor personnel and vehicles shall process through the vehicle search area.

2. PROHIBITED ITEMS: Contractor personnel working on Al Udeid Air Base are prohibited from using telephonic instruments, (to include but not limited to, cellular, mobile, land line and satellite phones, fax machines, and pagers) without written and expressed pre-approval of responsible security personnel. For permission to use telephones on base, refer to the pass request mentioned in attachment 5 of the solicitation. Furthermore, contractor personnel are prohibited from bringing any and all computer and peripherals onto the installation to include, but not limited to, cellular phones, laptops and portable drives (thumb, flash, zip).

H-6 MATERIAL & EQUIPMENT ENTRY/EXIT PERMIT

Prior to bringing on or removing material and or equipment from Al Udeid Air Base, the contractor shall notify the designated 379 ECES Project Manager 48 hours in advance of any requirement. The USG shall not be liable for delays resulting from the contractor's failure to follow these instructions. The USG shall not be liable for delays resulting from permit coordination/approval.

H-7 ON/OFF RAMP INSTRUCTIONS

1. This provision prescribes the process by which the Government will ensure an adequate number of contractors are available at all times during the life of this MACC to achieve effective competition on all task orders. The Government reserves the right and intends to maintain a pool with a target of 6-10 contractors for competing and successful completion of construction projects, reserving the right to have more or less than the target.

2. On-Ramp Procedures:

The Government reserves the right to re-open competition at any time during the term of the contract. The Contracting Officer intends to periodically review the need for additional contractors during the contract period of performance (PoP). If it is determined to be in the Government's best interest to add contractors, an on-ramp may be executed. When an on-ramp is used, the Government will advertise the reopening of the competition. All new Contractors shall meet the criteria established in the initial solicitation. The evaluation and selection of Contractors for any on-ramp will be the same as the evaluation and award criteria used for the initial basic contract awards. The anticipated number of awards will be announced in the reopening solicitation; 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. Any contractor that received a basic contract award shall not re-compete. The new Contractor(s) will compete with any existing or remaining contractors for all task orders. Any additions due to on-ramps will not impact the contract ceiling. The ordering period for new Contractors will not extend the overall maximum term of the original contract, nor shall it re-establish the contract base period. The new Contractor(s) will be eligible to compete for future task order requests for proposals issued against the basic IDIQ contract. The Government will not consider unsolicited requests for additional contractors.

3. On-ramp pool contractors will be selected, at the time of award, based on initial evaluation results from the basic multiple award solicitation in order of ranking.

Contractor(s) must be registered in SAM, JCCS, and otherwise in compliance with the original multiple award solicitation. If found in compliance, the government will send written notice of its intent to on-ramp contractor with an effective date of eligibility to compete for task orders. Selected on-ramp contractors will receive the mandatory minimum of $2,000 at the time of award and be subject to a performance validation review.

4. Off-Ramp Procedures:

The Government reserves the right to utilize off-ramps when it is determined to be in the best interest of the Government; including, but not limited to, contractor failing to maintain an 80% proposal submission rate for FOPRs above the Simplified Acquisition Threshold (SAT), or failure to perform in accordance with the terms and conditions of the contract resulting in a Marginal or Unacceptable CPARS rating. The Government may offramp a contractor by a written notice that they will be placed on the off-ramp until further notice or implementing a termination for convenience, a termination for default or taking any other action permitted by the contract terms and conditions. Contractors are no longer eligible for awards once notified of the off-ramp determination. If notified of an off-ramp determination, the Contractor is required to complete all active TOs unless otherwise directed by the Contracting Officer.

5. On the anniversary of the contract award date, the Government will evaluate each Contractor's participation rate and performance evaluations for task orders completed or in progress for the past year. Contractors rated at least Satisfactory may remain on the contract. Failure to participate in good faith and/or overall annual performance assessment rating of Unsatisfactory may result in the Contractor being off-ramped from the MACC.

6. The Government may also off-ramp a contractor by permitting a contractor's contract to expire instead of exercising an option.

H-8 AL UDEID BASE ACCESS

1. Installation Commanders have the authority to administratively and physically control access to installations and/or project sites, and to bar contractors -including prime contractors, subcontractors at any tier, and any employees - from an installation or site at any time. A Commander's inherent force protection (FP) authority is independent of an agency's contracting authority, and it may not be superseded by any contractual term or provision.

2. The prime Contractor/Vendor acknowledges that: submission of a bid, offer, or a proposal; acceptance of contract award of any type; or continuing effort under any contract that includes this clause; requires that the prime Contractor/Vendor, and all subcontractors under any affected contracts be initially eligible - and remain eligible during the entire period of contract performance to include any warranty period - for installation access to a U.S. and/or Coalition installation, regardless of whether the performance will take place on or off a U.S. or Coalition installation.

3. To be eligible for installation access, contractors and subcontractors at all tiers are required to register in the Joint Contingency Contracting System (JCCS) and are responsible for keeping the information in JCCS current at all times. Prime Contractors and subcontractors at any tier can create their registration at gov/ by selecting the "Vendors Login" and then selecting "Registration." The offeror must be registered, approved, and eligible for installation https://www.jccs.

access within 45 days after contract award, and remain eligible for installation access for the life of the contract.

(a) The offeror is required to submit a listing of all proposed subcontractors, at all tiers, to the Contracting Officer with the submission of the proposal, and provide updates during the life of the contract when subcontractors are added or removed. If no subcontractors are expected to perform during the life of the contract, the offeror must submit a negative response to the Contracting Officer with its proposal. After award, the prime contractor must submit a negative response to the Contracting Officer at the beginning of each performance period.

(b) Failure to register in JCCS - and thereby be eligible for installation access at the Prime and subcontractor levels - or failure to inform the Contracting Officer of the names of all prospective subcontractors (or provide a negative reply), may render the offerors/contractor ineligible for award, continued performance, or withholding of final contract invoice payment until registration is completed. Additionally, any firm that is declared ineligible for installation access shall be deemed non-responsible until such time as that firm is again deemed eligible by the appropriate access approval authority.

4. Installation access determinations arise from the Combatant Commander's inherent authority and are separate and distinct from any law, regulation, or policy regarding suspension and debarment authority. Contractor queries or requests for reconsideration related to U.S. or Coalition installation base access eligibility must be directed to the Contracting Officer. (End of Clause)

H-9 MACC TASK ORDER LEVEL ORDERING PROCEDURES

1. Orders processed under this Multiple Award Construction Contract (MACC) will be centralized meaning 379 ECONS Contracting Officers (COs) will provide fair opportunity to all awarded MACC contractors below the Simplified Acquisition Threshold (SAT) in accordance with Federal Acquisition Regulations (FAR) Part

16.505 (b)(1)(i) and will compete each order expected to exceed the SAT in accordance with FAR Part 16.505(b)(1)(iii).

2. Orders shall be issued on a Firm-Fixed Price (FFP) basis. The Contract Line Item Number (CLIN) structure on each order will reflect the FFP for each line item, and must strictly follow the CLIN structure outlined in the FOPR.

3. Performance under this MACC will be closely monitored by the CO and Project Manager (PM) assigned to each task order. If at any point during performance, a contractor falls behind schedule on two or more project schedules, concurrently, and these delays are determined to be inexcusable delays, the CO may elect to not provide the behind schedule contractor fair opportunity to propose on any new task orders until the behind schedule projects are brought back into good standing. If the CO elects not to provide the behind schedule contractor an opportunity to propose on new task orders, the new TO will not count towards the

FA570225R0001

https://www.jccs.

calculation in determining whether a contractor is meeting the 80% proposal submission requirement. The contractor must provide the Government written notification of its intent to not submit a proposal in accordance with paragraph 10 of this subsection. This notice, if deemed acceptable by the contracting officer, shall be viewed as submission of a proposal and will not count against the contractor's 80% proposal submission rate requirement. An acceptable notice provides an explanation that clearly demonstrates that the contractor's ongoing contractual obligations directly related to the MACC have maximized the contractor's ability to propose on additional task orders.

4. The ordering CO will initiate the competitive FOPR process by sending a FOPR letter and attachments (hereafter referred to as the FOPR package) to MACC contractors pursuant to FAR Part 16.505.

The FOPR should include the following information:

1) Date of package

2) Proposal Classification/Proposal due date and name/email address of POC, to submit proposal

3) Project specific number

4) Location of performance

5) Period of performance

6) Identification of liquidated damages rate, if applicable

7) Proposal preparation instructions

8) Proposal evaluation procedures

9) List of attachments containing other pertinent data

5. The contractor's proposal shall be submitted to the ordering CO on or before the time and date specified in the FOPR. Pricing on TO proposals shall be valid for a minimum of 90 calendar days after the required submission date, or as otherwise specified by the CO. The FOPR classifications, found in paragraph 4, annotate the anticipated amount of time offered to a contractor prior to their proposal submission.

6. The Government reserves the right to evaluate each separate proposal utilizing one of the two following methods. Proposals will be evaluated either using the Lowest Priced Technically Acceptable (LPTA) evaluation method or a Technical Tradeoff evaluation method to make an award that is most advantageous to the Government.

7. LPTA Evaluation Method - Proposals will be initially ranked from lowest to highest priced based upon their overall project price. The lowest overall priced proposal will be evaluated for reasonableness. If the lowest reasonable priced proposal is deemed technically unacceptable, the next lowest reasonable priced proposal will then be evaluated for technical acceptance. This process will continue until a proposal is deemed reasonably priced and technically acceptable. The Government has the right to enter into interchanges with one, some, or none of the offerors. An interchange is an exchange between the Government and multiple Contractor offerors that are undertaken with the intent of allowing the offeror to revise its proposal. Award will be made to the proposal which is technically acceptable and whose price is lowest, complete, and reasonable. The following evaluation factors will be used in awarding an LPTA TO award:

i. Technical acceptability: The Government will review the contractor's proposed technical approach, managerial approach, and prior project experiences to verify it will result in successful contract performance.

ii. Price: The following will be used in evaluating prices proposed to ensure the price is fair and reasonable:

1) COMPLETENESS: All price information requested by the FOPR has been submitted.

2) REASONABLENESS: This will be conducted in accordance with the terms and conditions of the contract, as well as FAR 15.305(a)(1) and FAR 13.106-3(a) as applicable.

iii. Past Performance: If evaluated, as determined by the ordering CCO.

8. Technical Tradeoff - The technical rating reflects the degree to which the proposed approach meets or does not meet the threshold performance or capability requirements. Evaluations shall be in accordance with the criteria established in the FOPR. The relative strengths, deficiencies, significant weaknesses, and risks identified as the result of the proposal evaluation shall be documented in the contract file.

i. Each award that is based on a technical tradeoff will utilize the Combined Technical/Risk Rating Method as described in Sections L & M (attachments 3 and 4 of the base MACC solicitation package.

9. All contractors shall physically start work in accordance with the time frames established in the official Notice-to-Proceed following contract award.

10. Any MACC contractors who wish not to bid on a specific TO must submit to the CO the following statement:

[Company name] will not bid on [solicitation number - solicitation name]. Due to the following reason

[Company to fill out]. [Company name] acknowledges our current proposal submission rating is XX% with XX FOPRs proposed on out of XX FOPRs solicited.

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.202-1 Definitions. Jun 2020 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.203-17 Contractor Employee Whistleblower Rights. Nov 2023 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-12 Unique Entity Identifier Maintenance. Oct 2016 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Dec 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

Jan 2025

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.211-13 Time Extensions. Sep 2000 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction. Apr 2015 52.222-50 Combating Trafficking in Persons. Nov 2021 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.225-26 Contractors Performing Private Security Functions Outside the United States. Oct 2016 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-11 Extras. Apr 1984 52.232-17 Interest. May 2014 52.232-23 Assignment of Claims. May 2014 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. Apr 1984 52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.

Nov 2024

52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes. Jun 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services. Jan 2025 52.249-10 Default (Fixed-Price Construction). Apr 1984 52.249-10 Default (Fixed-Price Construction). (Alternate I) Apr 1984 Alternate I Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. Jan 2023 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022

252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. Jan 2023

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.222-7002 Compliance with Local Labor Laws (Overseas). Jun 1997 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7005 Identification of Expenditures in the United States . Jun 2005 252.225-7048 Export-Controlled Items. Jun 2013 252.232-7010 Levies on Contract Payments. Dec 2006 252.233-7001 Choice of Law (Overseas). Jun 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. (Dec 1989)

As prescribed in , insert the following clause:4.103

Approval of Contract (Dec 1989)

This contract is subject to the written approval of and shall not be binding until so approved.MSgt Jeremy Rivera, 379 ECONS PKB Flight Chief

(End of clause)

52.211-10 Commencement, Prosecution, and Completion of Work. (Apr 1984)

As prescribed in , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be 11.404(b) changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within calendar days after the date the Contractor receives the notice to proceed, (b) 10 prosecute the work diligently, and (c) complete the entire work ready for use not later than . The time stated for completion shall determined at task order level include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.211-12 Liquidated Damages-Construction. (Sep 2000)

As prescribed in , insert the following clause in solicitations and contracts:11.503(b)

Liquidated Damages-Construction (Sept 2000)

If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the (a) amount of for each calendar day of delay until the work is completed or accepted.determined at task order level

If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated (b) damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.216-25 Contract Definitization. (Oct 2010)

As prescribed in , insert the following clause:16.603-4(b)(3)

Contract Definitization (Oct 2010)

(a) A definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive Firm-Fixed Price contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-1, fixed-price supporting its proposal.

(b) The schedule for definitizing this contract is :determined at task order level

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with subpart 15.4 and part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by-

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer's determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with paragraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

(End of clause)

52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

As prescribed in , insert a clause substantially the same as the following:17.208(g)

Option to Extend the Term of the Contract (Mar 2000)

The Government may extend the term of this contract by written notice to the Contractor within provided that the Government gives the Contractor a (a) 30 days;

preliminary written notice of its intent to extend at least days before the contract expires. The preliminary notice does not commit the Government to an 60 extension.

If the Government exercises this option, the extended contract shall be considered to include this option clause.(b)

The total duration of this contract, including the exercise of any options under this clause, shall not exceed months.(c) 66

(End of clause)

52.222-50 Combating Trafficking in Persons. (Alternate I) (Nov 2021) Alternate I (Mar 2015)

Alternate I (Mar 2015). As prescribed in 22.1705 (a)(2), substitute the following paragraph in place of paragraph (c)(1)(i) of the basic clause:

(i)(A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title Document may be obtained from: Applies to performance in/at:

[Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as website link) for obtaining document; and, indicate the contract performance location outside the United States. to which the document applies.]

52.232-5 Payments under Fixed-Price Construction Contracts. (May 2014)

As prescribed in 32.111(a)(5), insert the following clause:

Payments under Fixed-Price Construction Contracts (May 2014)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor's request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration.

Material delivered to the Contractor at locations other than the site also may be taken into consideration if-

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made:

(However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that-

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

____ (Name)

____ (Title)

____ (Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall-

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8 thday after the date of receipt of the unearned amount until-

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as-

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this…

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