1.25  COMPETITION

(a) Only the contractors awarded contracts as a result of this RFP will compete for subsequent Task Orders.  These contractors are encouraged to participate in all site visits and submit proposals.  Failures by offerors to participate responsibly in site visits and submit proposals may result in the Government not exercising the option to extend the contract or exclusion of the contractor from further competition.  Occasionally, (generally during the last quarter of the fiscal year), the government will solicit offers for projects for which funds are not certified nor readily available.  Air Mobility Command refers to these acquisitions as 'Special Advance Authority' or 'SAA' projects.  The contracting officer may solicit offers from MACC awardees or other sources.  Submission of proposals for these acquisitions is at the sole discretion of the respective MACC awardees and their declination to participate in any or all such solicitations will not reflect negatively upon them.

(b)  A minimum of two proposals on Task Orders (except a minimum of three are required for phase one design build) will satisfy competition requirements and preclude the necessity of soliciting for a replacement contractor if for any reason one of the contracts is terminated or one of the contractors is excluded from participation in the process.

(c)  Unless the Contracting Officer applies the exceptions noted below, each Task Order will be awarded, as a result of competition to the contractor who offers the best value to the Government considering the criteria specified.  The Contracting Officer's decision as to the selection for award of a Task Order is not protestable unless the protest is on the grounds that the order increases the scope, period, or maximum value of the contract program.

(d)  The Contracting Officer reserves the right to award a Task Order without competition based upon a determination that:

(1) The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays;

(2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services being ordered are unique or highly specialized;

(3) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(e) As imposed by 10 U.S.C. 2306(d) and 41 U.S.C. 254(b), note that for those Task Orders (excluding NAF Task Orders) requiring design effort (i.e., design-build), the contracting officer is restricted from negotiating a price or fee for the production and delivery of designs, plans, and drawings exceeding 6 percent of the estimated cost of construction.