ATTACHMENT 4 Langley AFB Solicitation
SOLICITATION, OFFER, AND AWARD
(Construction, Alteration, or Repair) 1. SOLICITATION NO. F44600-02-R-0003 X 2. TYPE OF SOLICITATION SEALED BID NEGOTIATED (IFB) (RFP) 3. DATE ISSUED 15-Feb-2002 PAGE OF PAGES 1 OF 48
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. FQ480092010500 7. ISSUED BY 1 CONS/LGCA 74 Nealy Ave Attn: Mr Rex Mount CODE FA4800 8. ADDRESS OFFER TO 6. PROJECT NO. MUHJ 02-MACC (If Other Than Item 7) CODE
See Item 7
LANGLEY AFB, VA 23665 9. FOR INFORMATION CALL: A. NAME Rex D Mount B. TELEPHONE NO. 757-764-7033 (Include area code) (NO COLLECT CALLS)
SOLICITATION NOTE: In sealed bid sol icitations "offer" and "offeror" mean "bi d" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS Multiple Award Construction Contract Multiple Award Construction Contract (MACC)--MACC is a competitive multiple award, indefinite delivery/indefinite quantity (IDIQ) construction contract based on established Clauses, Terms and Conditions, and General Provisions. Specific projects will be defined with each individual Delivery Order. Work is to be performed in the general construction category to include maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving, earthwork and waterfront work in both family housing and industrial/office buildings. Work may involve design/build projects as well as new construction of buildings or facilities to include some or all of the above elements of work. Scope includes work from any Federal installation in the Peninsula area of Virginia, Seymour-Johnson AFB, NC, or Shaw AFB, SC. Block 11, 12A, and 12B -These items will be applicable on individual Delivery Orders. (Title, identifying no., date):
11. The Contractor shall begin performance within _______ award, X notice to proceed. This performance period is
calendar days and complete it within ________ mandatory, X negotiable.
calendar days after receiving .)
Sec H, Para 2 (See _________________________ 12B. CALENDAR DAYS 10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12B.) X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS: 1 A. Sealed offers in original and __________ 4/4/02 local time ______________ (date). copies to perform the work required are due at the place specified in Item 8 by ___________ If this is a sealed bid solicitation, offers must be publicly opened at that time. 14:00:00 (hour) Sealed envelopes containing offers
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due. B. An offer guarantee is, X is not required.
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 _______ 240 NSN 7540-01-155-3212 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
1442-101
STANDARD FORM 1442
Prescribed by GSA FAR ( 48 CFR) 53.236-1(e)
(REV. 4-85)
SOLICITATION, OFFER, AND AWARD (Continued)
(Construction, Alteration, or Repair) OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR ATTN: 16. REMITTANCE ADDRESS (Include only if different than Item 14) (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
See Item 14
CODE FACILITY CODE
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 by the Government in writing within ________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS
SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds. 19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendment s to the solicitat ion -- give number and date of each)
AMENDMENT NO. DATE 20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
SEE SCHEDULE
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA 24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 10 U.S.C. 2304(c) 41 U.S.C. 253(c) CODE
26. ADMINISTERED BY
CODE
27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE 28. NEGOTIATED AGREEMENT
(Contractor is required to sign this Contractor agrees
29. AWARD
(Contractor is not required to sign this document.)
document and ret urn _______ copies to issuing office.)
Your of fer on t his solicitation, is hereby accepted as to the items list ed. This award consummates the contract, which consists of (a) the Government solicitat ion and your off er, and (b) this contract award. No further contractual document is necessary.
to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration stated in t his contract. The rights and obligat ions of the parties to this contract shall be governed by (a) t his cont ract award, (b) the solicit ation, and (c) the clauses, represent ations, certifications, and specif ications or incorporated by ref erence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 30B. SIGNATURE NSN 7540-01-155-3212 30C. DATE
31A. NAME OF CONTRACTING OFFICER
(Type or print)
31B. UNITED STATES OF AMERICA BY
31C. AWARD DATE STANDARD FORM 1442 BACK (REV. 4-85)
SECTION B Supplies or Services and Prices
ITEM NO 0001
SUPPLIES/SERVICES
MAX QUANTITY 250,000,000.00
UNIT Dollars, U.S.
UNIT PRICE
MAX AMOUNT
MACC Basic Year FFP - Work is to be performed in the general construction category to include maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving, earthwork and waterfront work in both family housing and industrial/office buildings. Work shall be performed in accordance with the terms and conditions of the contract, General Provisions (Atch 3) and any resultant Delivery Orders. Scope of contract may include work from any Federal installation in the Peninsula area of Virginia, Seymour-Johnson AFB, NC, or Shaw AFB, SC. NSN Z199-MA-CCS-IDIQ MILSTRIP FQ4800 PURCHASE REQUEST NUMBER FQ4800 SIGNAL CODE A MAX NET AMT GUARANTEED MIN AMOUNT 0002 .00 Dollars, U.S. MACC Option Year 1 FFP - See Line Item 0001 for item description. NSN Z199-MA-CCS-IDIQ MILSTRIP FQ4800 SIGNAL CODE A
$20,000.00
MAX NET AMT GUARANTEED MIN AMOUNT ITEM NO 0003 SUPPLIES/SERVICES MAX QUANTITY .00 UNIT Dollars, U.S. UNIT PRICE MAX AMOUNT
MACC Option Year 2 FFP - See Line Item 0001 for item description. NSN Z199-MA-CCS-IDIQ MILSTRIP FQ4800 SIGNAL CODE A
MAX NET AMT GUARANTEED MIN AMOUNT 0004 .00 Dollars, U.S.
MACC Option Year 3 FFP - See Line Item 0001 for item description. NSN Z199-MA-CCS-IDIQ MILSTRIP FQ4800 SIGNAL CODE A MAX NET AMT GUARANTEED MIN AMOUNT
ITEM NO 0005
SUPPLIES/SERVICES
MAX QUANTITY .00
UNIT Dollars, U.S.
UNIT PRICE
MAX AMOUNT
MACC Option Year 4 FFP - See Line Item 0001 for item description. NSN Z199-MA-CCS-IDIQ MILSTRIP FQ4800 SIGNAL CODE A MAX NET AMT GUARANTEED MIN AMOUNT UNIT PRICE
ITEM NO 0006
SUPPLIES/SERVICES
MAX QUANTITY .00
UNIT Dollars, U.S.
MAX AMOUNT
MACC Option Year 5 FFP - See Line Item 0001 for item description. NSN Z199-MA-CCS-IDIQ
MILSTRIP FQ4800 SIGNAL CODE A MAX NET AMT GUARANTEED MIN AMOUNT 0007 .00 Dollars, U.S.
MACC Option Year 6 FFP - See Line Item 0001 for item description. NSN Z199-MA-CCS-IDIQ MILSTRIP FQ4800 SIGNAL CODE A MAX NET AMT GUARANTEED MIN AMOUNT 0008 .00 Dollars, U.S.
MACC Option Year 7 FFP - See Line Item 0001 for item description. NSN Z199-MA-CCS-IDIQ MILSTRIP FQ4800 SIGNAL CODE A MAX NET AMT GUARANTEED MIN AMOUNT CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE The minimum quantity and contract value for all orders issued against each contract shall not be less than the minimum quantity and program value stated in the following table. The maximum quantity and contract value for all orders issued against the MACC program (inclusive of each contract), shall not exceed the maximum quantity and contract value stated in the following table. MINIMUM QUANTITY 20,000.00 MINIMUM AMOUNT $ MAXIMUM QUANTITY 250,000,000.00 MAXIMUM AMOUNT $
DELIVERY ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE The minimum quantity and order value for each Delivery Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery Order issued shall not exceed the maximum quantity and order value stated in the following table.
MINIMUM QUANTITY 2,000.00
MINIMUM AMOUNT $
MAXIMUM QUANTITY 5,000,000.00
MAXIMUM AMOUNT $
CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table. CLIN 0001 MINIMUM QUANTITY 20,000.00 MINIMUM AMOUNT $20,000.00 MAXIMUM QUANTITY 250,000,000.00 MAXIMUM AMOUNT $250,000,000.00
Note: Section E modified for this section. Supplies/services will be inspected/accepted at: CLIN 0001 0002 0003 0004 0005 0006 0007 0008 INSPECT AT Destination Destination Destination Destination Destination Destination Destination Destination INSPECT BY Government Government Government Government Government Government Government Government ACCEPT AT Destination Destination Destination Destination Destination Destination Destination Destination ACCEPT BY Government Government Government Government Government Government Government Government
1.0 NOTICE OF COMPLETION OF DELIVERY ORDER/FINAL INSPECTION: 1.1 When the contractor is ready for final inspection, a request will be forwarded in writing to the Contracting Officer or his/her designated representative unless prior verbal arrangements have been made. The final inspection will normally be requested five days prior to the desired date or as otherwise negotiated with the contracting officer. Final inspections shall be scheduled prior to the completion date of the applicable Delivery Order. 1.2 Once the contractor has requested a final inspection, the government inspector may then conduct a pre-final inspection. Should discrepancies be noted, the contractor will correct the problems prior to final inspection. 1.3 The final inspection will be performed with representation from Contracting, Civil Engineering and the contractor as a minimum. Should discrepancies be noted, the punch list items are to be completed within the established performance period of the Delivery Order. The Contracting Officer reserves the right to both decline the contractor’s request for a final or suspend a final inspection when it is evident that the contractor is not ready for a final inspection. 2.0 DESIGNATION OF GOVERNMENT INSPECTOR: The Base Civil Engineer or his/her authorized representative is designated as the representative of the Contracting Officer for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract. The inspector is not authorized or required to perform the quality control for the contract.
Note: Section F modified for example. DELIVERY INFORMATION CLINS DELIVERY DATE 0001 0002 0003 0004 0005 0006 0007 0008 365.00 DAYS ADC 365.00 DAYS ADC 365.00 DAYS ADC 365.00 DAYS ADC 365.00 DAYS ADC 365.00 DAYS ADC 365.00 DAYS ADC 365.00 DAYS ADC UNIT OF ISSUE Dollars, U.S. Dollars, U.S. Dollars, U.S. Dollars, U.S. Dollars, U.S. Dollars, U.S. Dollars, U.S. Dollars, U.S. QUANTITY FOB SHIP TO ADDRESS
250,000,000.00 Dest. .00 .00 .00 .00 .00 .00 .00 Dest. Dest. Dest. Dest. Dest. Dest. Dest.
Note: Section F modified for this example. Note: Section G modified for this example. 3. CONTRACT MINIMUM/MAXIMUM CONTRACT AMOUNTS The guaranteed minimum amount over the life of the MACC program is $20,000 per contract awarded. The maximum aggregate amount of the MACC program, inclusive of all awarded MACC contracts, including options, shall not exceed $250,000,000. Note: Section H modified for this example. 2.0 NOTICE TO PROCEED: A notice to proceed will be issued with each Delivery Order. The contracting officer reserves the right to determine the issue date of any notice to proceed. 3.0 DELIVERY ORDER PROCEDURES: 3.1 As requirements are identified, the government will issue Request for Proposals (RFP) that will describe the services required, along with the required proposal response time. A site visit will be scheduled with the contractor(s) to verify measurements and elements of work. Delivery Orders are the award of the services required under the RFP. The performance period shall be determined during discussions, and incorporated into the Delivery Order. All Delivery Orders issued hereunder are subject to the terms and conditions of this contract. Note: It is the Government’s intent to issue Delivery Orders with an established firm fixed price. 3.2 After award of initial contracts, it is the government’s intention to have contractors compete for Delivery Orders based on either best value, low price technically acceptable or low price. Typically the evaluation methods will correspond with the level of design or complexity of the proposal to be submitted. In most cases best value will correspond to a design build project, low price technically acceptable to minimal design, and low price to a pre-designed type solicitation. Each request for proposal will state the method of selection. The government may elect not to solicit to all awardees. This restricted competition may be to meet minimum order amounts, work requiring special skills or trades, or urgent and compelling schedules. Similarly, contractors may elect not to propose on all requirements. Delivery Orders with an estimated amount of less than $250,000 will potentially be reserved for competition among selected 8(a) contractors. 3.3 Proposal Procedures: The following describes the procedures for each type of requirement the RFP could present: Note: Proposal preparation fees will not be provided to any competing MACC contractors. 3.3.1 Design and Build (100%): The RFP will contain a Statement of Objective (SOO) that describes the required end product. Based on the SOO, the contractor shall perform all investigation and design services necessary to provide the
Government a 35% design package (Statement of Work (SOW) and Drawings) which describes how the contractor intends on meeting the requirements of the SOO. The Government will review the 35% design package for acceptability. The Government will either request price proposals based upon the acceptable design packages, or, issue a revised SOO and repeat the process. The Government will indicate which 35% design packages(s) have been determined to be acceptable. Contractors with acceptable packages shall be asked to provide a price proposal to include a proposed performance period. 3.3.2 Minimal Design Build: The RFP will contain a limited SOW that describes the work included. Based upon the SOW the contractor shall provide a 35% design, a priced proposal, and proposed performance period. 3.3.3 Construction: The RFP will contain specifications and drawings for the contractor to propose pricing and performance period. 7.0 REPLACING MACC CONTRACTORS: Should one or more of the incumbent MACC contractor’s options not be exercised, or if termination of contract(s) occurs, the process for selecting replacement contracts shall follow the same process and procedures as used in selecting and awarding the four basic MACC awards. Only 8(a) contractors will be solicited and compete for the vacancy of an 8(a) award. Likewise, only full and open competition contractors will be solicited and compete for the vacancy of a full and open competition award. 11.0 ACCEPTANCE OF SEED PROJECTS: The government reserves the right to issue a Delivery Order based on the acceptance of the seed project, should funds become available within 120 days following contract award. Note: Section I modified for this example. 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within (as stated on individual Deliver Orders) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the number of calendar days stated on individual Delivery Orders. The time stated for completion shall include final cleanup of the premises. 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order: When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order: The Contractor is not obligated to honor: (1) Any order for a single item in excess of $5,000,000. (2) Any order for a combination of items in excess of $5,000,000. or, (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 8 years after date of award. (End of clause)
52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 1999) Note: Includes DFAR Clause 252.219-7010 requirement. (a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer-(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and (2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA. (b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause. (c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation. (d) (1) Agreement. A small business concern submitting an offer in its own name agrees to furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States. The term “United States” includes its territories and possessions, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and the District of Columbia. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This subparagraph does not apply in connection with construction or service contracts. (2) The [insert name of SBA’s contractor] will notify the [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party. 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)
The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. 252.219-7009 SECTION 8(A) DIRECT AWARD (JUN 1998)
(a) This contract is issued as a direct award between the contracting office and the 8(a) Contractor pursuant to the Memorandum of Understanding dated May 6, 1998, between the Small Business Administration (SBA) and the Department of Defense. Accordingly, the SBA is not a party to this contract. SBA does retain responsibility for 8(a) certification, for 8(a) eligibility determinations and related issues, and for providing counseling and assistance to the 8(a) Contractor under the 8(a) Program. The cognizant SBA district office is:
[To be completed by the Contracting Officer at the time of award] (b) The contracting office is responsible for administering the contract and for taking any action on behalf of the Government under the terms and conditions of the contract; provided that the contracting office shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting office shall also coordinate with the SBA prior to processing any novation agreement. The contracting office may assign contract administration functions to a contract administration office. (c) The Contractor agrees that-(1) It will notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA's 8(a) regulations at 13 CFR 124.308), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with Section 407 of Pub L 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control; and (2) It will not subcontract the performance of any of the requirements of this contract without the prior written approval of the SBA and the Contracting Officer. Please insert in paragraph (b)(2) the word—NONE. The following clauses apply to either unrestricted offers/awards, 8(a) offers/awards, and large business offers/awards. Unrestricted 8(a) 52.219-4 52.219-9 52.226-1 52.236-1 252.219-7003 Large Business 52.219-18 w/252.219-7009 Alt A 52.219-14 252.219-7009 252.21 252.226-7001
Note: Section J modified for this example. DOCUMENT TYPE Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 DESCRIPTION NAF clauses Wage Determinations (for Seed Project B Only) VA010035 General Provisions Small Business Participation Proposal Seed Project A: Specifications Drawings Seed Project B: Specifications Drawings Past Performance Questionnaire # of PAGES DATE 6 3 25 3 3 2 Not Dated 558 24 4 Dec 2001 Jun 2001 03/09/2001 11 Apr 01 Dec 2001 Not Dated
Attachment 6
Attachment 7
Note: Section L modified for the example.
Note: Section M modified for this section.