1_80KSC020R0028 DRAFT RFP.pdf

80KSC020R0028

Section A - Solicitation/Contract Form

SECTION A

TABLE OF CONTENTS

Section/Item

A Contract Form SF 1442

Table of Contents

B Schedule Contract Line Items (CLINS)

C Descriptions and Specifications

E Inspection and Acceptance

F Deliveries or Performance

G Contract Administration Data

H Special Contract Requirements

I Contract Clauses

J List of Documents, Exhibits, and Other Attachments

K Representations, Certifications, and Other Statements of Offerors

L Instructions, Conditions, and Notices to Bidders

(will not be part of the contract award)

M Evaluation Factors for Award

(will not be part of the contract award)

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 SUPPLIES AND/OR SERVICES TO BE PROVIDED

Kennedy Space Center will require a variety of construction activities over the next 5 years including minor repairs, renovations, and facility construction activities.

NASA/KSC needs to have an efficient and effective contracting method to support the growing missions. This Small Task Order Construction Contract will allow NASA to complete small construction activities and urgent design build work in a timely manner by reducing acquisition time from requirement identification, task order award and implementation. The scope of this acquisition will include construction tasks in a variety of trades, such as carpentry/wall construction, roofing, interior and exterior electrical, mechanical/HVAC, plumbing, sheet metal, painting, demolition, concrete (flatwork and structures), masonry, welding, road repair, excavation, fire protection, earthwork, site improvements, etc. The need also includes a design build component to address urgent projects. The primary objective is to obtain superior, timely, responsible and affordable construction services in an environment of constantly changing mission requirements.

The construction contractors must provide flexible customer support and design planning to ensure dependable construction services.

B.2 BID SCHEDULE

This office intends to award a maximum of 5 Indefinite Delivery Indefinite Quantity contracts from this solicitation. These awards will be reserved for 8(a) participants (8(a) Participants must submit with their proposal a letter from their servicing SBA office stating their eligibility as it corresponds to NAICS Code 236220 required for this solicitation). It has been determined that competition will be limited to 8(a) firms located within the geographical area of the State of Florida and other 8(a) construction firms with a bona fide place of business within the State of Florida, and the assigned NAICS code. All other 8(a) Business Development Participants are deemed ineligible to submit offers.

ITEM NO DESCRIPTION ESTIMATED*** ESTIMATED***

QUANTITY CLIN AMOUNT

0001 Task Order less than $25,000 50 $1,000,000

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver and perform the work in accordance with the Description/Specifications/Statement of Work provided with each task order; the contract terms and conditions, drawings, and special conditions provided with the task orders, when applicable. This includes but is not limited to financial resources, overall oversight and management or other resources including Subcontractors that may affect performance of the instant acquisition. All work shall be initiated through task orders issued in accordance with H.2 TASK ORDER PROCEDURES, Contract Clause I.2 FAR 52.216-18 entitled Ordering, and Contract Clause I.13 NFS 1852.216-80 entitled Task Ordering Procedures Alternate 1.

Under this IDIQ contract, the prime contractor may be required to perform multiple and concurrent general construction, alteration and repair of buildings, structures and other real property up to the respective bonding capacities. (Minimum Bonding Capacity of $5 million per project and $10 million aggregate).

Ordering Period: Five years following contract award

***CLIN Value represents an estimated amount not the CLIN ceiling. The Contract Ceiling, inclusive of all CLINs, is $150M.

$ PRICED PER TASK ORDER

0002 Task Order between 80 $4,000,000 $25,001 - $100,000

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver and perform the work in accordance with the Description/Specifications/Statement of Work provided with each task order; the contract terms and conditions, drawings, and special conditions provided with the task orders, when applicable. This includes but is not limited to financial resources, overall oversight and management or other resources including Subcontractors that may affect performance of the instant acquisition. All work shall be initiated through task orders issued in accordance with H.2 TASK ORDER PROCEDURES, Contract Clause I.2 FAR 52.216-18 entitled Ordering, and Contract Clause I.13 NFS 1852.216-80 entitled Task Ordering Procedures Alternate 1.

Under this IDIQ contract, the prime contractor may be required to perform multiple and concurrent general construction, alteration and repair of buildings, structures and other real property up to the respective bonding capacities. (Minimum Bonding Capacity of $5 million per project and $10 million aggregate).

Ordering Period: Five years following contract award

0003 Task Order between 100 $16,000,000 $100,001 - $250,000

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver and perform the work in accordance with the Description/Specifications/Statement of Work provided with each task order; the contract terms and conditions, drawings, and special conditions provided with the task orders, when applicable. This includes but is not limited to financial resources, overall oversight and management or other resources including Subcontractors that may affect performance of the instant acquisition. All work shall be initiated through task orders issued in accordance with H.2 TASK ORDER PROCEDURES, Contract Clause I.2 FAR 52.216-18 entitled Ordering, and Contract Clause I.13 NFS 1852.216-80 entitled Task Ordering Procedures Alternate 1.

Under this IDIQ contract, the prime contractor may be required to perform multiple and concurrent general construction, alteration and repair of buildings, structures and other real property up to the respective bonding capacities. (Minimum Bonding Capacity of $5 million per project and $10 million aggregate).

Ordering Period: Five years following contract award

0004 Task Order between 80 $28,000,000 $250,001 - $500,000

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver and perform the work in accordance with the Description/Specifications/Statement of Work provided with each task order; the contract terms and conditions, drawings, and special conditions provided with the task orders, when applicable. This includes but is not limited to financial resources, overall oversight and management or other resources including Subcontractors that may affect performance of the instant acquisition. All work shall be initiated through task orders issued in accordance with H.2 TASK ORDER PROCEDURES, Contract Clause I.2 FAR 52.216-18 entitled Ordering, and Contract Clause I.13 NFS 1852.216-80 entitled Task Ordering Procedures Alternate 1.

Under this IDIQ contract, the prime contractor may be required to perform multiple and concurrent general construction, alteration and repair of buildings, structures and other real property up to the respective bonding capacities. (Minimum Bonding Capacity of $5 million per project and $10 million aggregate).

Ordering Period: Five years following contract award

0005 Task Order between 40 $24,000,000 $500,001 - $1,000,000

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver and perform the work in accordance with the Description/Specifications/Statement of Work provided with each task order; the contract terms and conditions, drawings, and special conditions provided with the task orders, when applicable. This includes but is not limited to financial resources, overall oversight and management or other resources including Subcontractors that may affect performance of the instant acquisition. All work shall be initiated through task orders issued in accordance with H.2 TASK ORDER PROCEDURES, Contract Clause I.2 FAR 52.216-18 entitled Ordering, and Contract Clause I.13 NFS 1852.216-80 entitled Task Ordering Procedures Alternate 1.

Under this IDIQ contract, the prime contractor may be required to perform multiple and concurrent general construction, alteration and repair of buildings, structures and other real property up to the respective bonding capacities. (Minimum Bonding Capacity of $5 million per project and $10 million aggregate).

Ordering Period: Five years following contract award

0006 Task Order between 20 $77,000,000 $1,000,001 - $5,000,000

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver and perform the work in accordance with the Description/Specifications/Statement of Work provided with each task order; the contract terms and conditions, drawings, and special conditions provided with the task orders, when applicable. This includes but is not limited to financial resources, overall oversight and management or other resources including Subcontractors that may affect performance of the instant acquisition. All work shall be initiated through task orders issued in accordance with H.2 TASK ORDER PROCEDURES, Contract Clause I.2 FAR 52.216-18 entitled Ordering, and Contract Clause I.13 NFS 1852.216-80 entitled Task Ordering Procedures Alternate 1.

Under this IDIQ contract, the prime contractor may be required to perform multiple and concurrent general construction, alteration and repair of buildings, structures and other real property up to the respective bonding capacities. (Minimum Bonding Capacity of $5 million per project and $10 million aggregate).

Ordering Period: Five years following contract award

B.3 Firm Fixed Price (NFS) (1852.216-78) (DEC 1988)

The total firm fixed price of this contract is (Each Task Order will be firm fixed price)

[END OF SECTION]

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 MASTER STATEMENT OF WORK

Refer to Section J, Attachment 1

C.2 MASTER TECHNICAL SPECIFICATIONS

Refer to Section J, Attachment 2

SECTION D - PACKAGING AND MARKING (NOT USED)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE

NUMBER DATE TITLE

52.246-12 52.246-13

AUG 1996

AUG 1996

INSPECTION OF CONSTRUCTION

INSPECTION-DISMANTLING, DEMOLITION,

OR REMOVAL OF IMPROVEMENTS

II. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) NFS CLAUSES

CLAUSE

NUMBER DATE TITLE

NONE INCLUDED BY REFERENCE

(End of clause)

E.2 INSPECTION AND ACCEPTANCE

Final inspection and acceptance of all work under this contract will be conducted by the Contracting Officer's Representative (COR) or the Alternate Contracting Officer's Representative (Alt COR) for this effort. Upon satisfactory completion of the contract, the Contractor shall be paid the fixed-price value of the contract, less the amount of any progress payments made under FAR Clause 52.232-5, Payments under Fixed-Price Construction Contracts.

NOTE: For planning purposes, the contractor shall include a line item in the schedule of values and progress schedule of each task order for completion of punch-list items, site clean-up, demobilization and final construction (as-built) drawings. The amount of this line item shall be equal to 10% of the Total Task Order Amount (inclusive of modifications) or $100,000, whichever is less. The Government will not pay final invoices for this amount until all punch-list, site clean-up, and demobilization activities are complete; final construction drawings are delivered; and final acceptance is made.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE

NUMBER DATE TITLE

52.211-13 52.236-15

52.242-14

SEP 2000

APR 1984

APR 1984

TIME EXTENSIONS

SCHEDULES FOR CONSTRUCTION

CONTRACTS

SUSPENSION OF WORK

II. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES

CLAUSE

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by full text:

F.2 52.211-10 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) prosecute the work diligently, and (c) complete the entire work ready for use not later than ( * ) after receipt of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises. (*Commencement, Prosecution and Completion of Work for all Task Orders under this contract will be specified for each Task Order by date or in calendar days)

F.3 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION (SEP 2000)

(a) 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 amount of $416.35 for the first calendar day and $357.41 for each calendar day of delays thereafter until the work is completed or accepted.

The liquidated damages rate will be used as a blanket rate on all applicable task orders valued below $1,000,000. Liquidated damages to be used on task orders over $1,000,000 will be established individually on each task order.

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

F.4 KSC 52.211-92 WORK PERIOD (MAR 2002)

Unless otherwise specified in each Task Order. Contractor's work day will be limited to first shift 7 A.M. to 3:30 P.M., on Monday through Friday only. Any other work period will require special/ written approval from the Contracting Officer seven (7) days in advance of proposed change in work periods.

(End of Clause)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER)

CLAUSE

NUMBER DATE TITLE

52.216-32 SEP 2019 TASK ORDER AND DELIVERY ORDER

OMBUDSMAN

G.2 CONTRACT ADMINISTRATION

a. Following award, this contract will be administered by the NASA/KSC Office of Procurement.

The address, telephone number, and email of the Contracting Officer are:

National Aeronautics Space Administration Office of Procurement, John F. Kennedy Space Center Kennedy Space Center, 32899 Phone: (321) 867-8203 Email: Benjamin.p.crafton@nasa.gov

b. The Contracting Officer is the only person authorized to issue Task Order, approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

c. Contractual problems, of any nature, which might occur during the performance of the contract must be handled in accordance with very specific public laws and regulations (e.g. Federal Acquisition Regulation), and must be referred to the Contracting Officer for resolution. Therefore, the Contractor is directed to submit all such contractual problems to the immediate attention of the Contracting Officer.

d. Any request for contract changes/modifications shall be submitted to the Contracting Officer.

e. All correspondence concerning this contract, such as requests for information, explanation of terms, and contract interpretations, shall be submitted to the Contracting Officer.

G.3 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT (NFS 1852.232-80)

(APR 2018)

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

(b) Except for classified vouchers, the Contractor shall submit all vouchers and invoices using the steps described at NSSC’s Vendor Payment information web site at:

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(c) Payment requests.

(1) The payment periods are stipulated in the payment clause(s) contained in this contract.

(2) Vouchers submitted under cost-type contracts and invoices submitted under fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant back-up documentation. Back-up documentation shall include at a minimum, the following information:

(i) Vouchers.

(A) Breakdown of billed labor costs and associated contractor generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred.

(B) Breakdown of billed other direct costs (ODCs) and associated contractor generated supporting documentation for billed ODCs.

(C) Indirect rate(s) used to calculate the amount of billed indirect expenses.

(D) Progress reports, as required.

(ii) Invoices.

(A) Description of goods and services delivered as part of the contract’s terms and conditions, including the dates of delivery/performance.

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

(A) Listing of all provisionally-billed fee by period or date earned since contract award.

(B) A reconciliation of all billed and earned fee.

(C) A clear explanation of the fee calculations.

(d) Non-electronic payment requests. The Contractor may submit a non-electronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor.

(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment requests. In such instances the Contractor agrees to submit non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoices within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (b) of this section.

(f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(g) In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate payment request for the amount withheld will be required before payment for that amount may be made.

(End of clause)

G.4 CONSTRUCTION PROGRESS PAYMENTS

In compliance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, the Contractor shall submit a breakdown using the items, major parts, and components that were approved by the Contracting Officer's Technical Representative (COR) for the approved schedule of construction (e.g. Bar Chart). The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on percentages of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer. The Contracting Officer MAY authorize material payments only for materials that are delivered to the site.

SUBMIT PROGRESS PAYMENTS IN THE FORMAT IDENTIFIED IN SECTION J -

ATTACHMENT 3.

G.5 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO FAR

52.245-1 (NFS 1852.245-76)(JAN 2011)

For performance of work under this contract, the Government will make available the Government property identified in each Task Order as applicable, written against this contract on a no-charge-for-use basis pursuant to the clause at FAR 52.245-1, Government Property, as incorporated in this contract. The Contractor shall use this property in the performance of this contract at Kennedy Space Center as may be approved by the Contracting

Officer. Under the FAR 52.245-1, the Contractor is accountable for the identified property.

(Future Task Orders shall identify if Government Furnished Property will be provided.)

G.6 OCCUPANCY MANAGEMENT REQUIREMENTS (NFS 1852.245-82) (JAN 2011)

(a) In addition to the requirements of the clause at FAR 52.245–1, Government Property, as included in this contract, the Contractor shall comply with the following in performance of work in and around Government real property:

(1) NPD 8800.14, Policy for Real Property Management.

(2) NPR 8831.2, Facility Maintenance Management

(b) The Contractor shall obtain the written approval of the Contracting Officer before installing or removing Contractor-owned property onto or into any Government real property or when movement of Contractor-owned property may damage or destroy Government-owned property. The Contractor shall restore damaged property to its original condition at the Contractor’s expense.

(c) The Contractor shall not acquire, construct or install any fixed improvement or structural alterations in Government buildings or other real property without the advance, written approval of the Contracting Officer. Fixed improvement or structural alterations, as used herein, means any alteration or improvement in the nature of the building or other real property that, after completion, cannot be removed without substantial loss of value or damage to the premises.

Title to such property shall vest in the Government.

(d) The Contractor shall report any real property or any portion thereof when it is no longer required for performance under the contract, as directed by the Contracting Officer.

G.7 REAL PROPERTY MANAGEMENT REQUIREMENTS (NFS 1852.245-83) (JAN

2011)

(a) In addition to the requirements of the FAR Government Property Clause incorporated in this contract (FAR 52.245–1), the Contractor shall comply with the following in performance of any maintenance, construction, modification, demolition, or management activities of any Government real property:

(1) NPD 8800.14, Policy for Real Property Management.

(2) NPR 8831.2, Facility Maintenance Management.

(b) Within 30 calendar days following award, the Contractor shall provide a plan for maintenance of Government real property provided for use under this contract. The Contractor’s maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Contracting Officer the need for replacement and/or capital rehabilitation. Upon acceptance by the Contracting Officer, the program shall become a requirement under this contract.

(c) Title to parts replaced by the Contractor in carrying out its normal maintenance obligations shall pass to and vest in the Government upon completion of their installation in the facilities. The Contractor shall keep the property free and clear of all liens and encumbrances.

(d) The Contractor shall keep records of all work done to real property, including plans, drawings, charts, warranties, and manuals. Records shall be complete and current. Record of all transactions shall be auditable. The Government shall have access to these records at all reasonable times, for the purposes of reviewing, inspecting, and evaluating the Contractor’s real property management effectiveness. When real property is disposed of under this contract, the Contractor shall deliver the related records to the Government.

(e) The Contracting Officer may direct the Contractor in writing to reduce the work required by the maintenance program authorized in paragraph (b) of this clause at any time.

G.8 CONTRACTOR’S CONTRACT ADMINSTRATION.

To Be Completed By The Contractor:

Name and Title: _____________________________________ Responsible Office: __________________________________ Address: ___________________________________________ Telephone Number ___________________________________ Email: _____________________________________________ Cage Code: _________________________________________ Duns Number: _______________________________________ Tax Identification Number: _____________________________

INDIVIDUAL(S) AUTHORIZED TO NEGOTIATE OR DISCUSS PROPOSALS

Name of Primary:_____________________ Name of Alternate: __________________ Address: ____________________________ Address: __________________________ Telephone #: _________________________Telephone #: _______________________ Alternate #:__________________________ Alternate #: ________________________ Fax No: ____________________________ Fax No: ___________________________ Email:______________________________ Email: ____________________________

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE

NUMBER DATE TITLE

1852.223-70 DEC 2015 SAFETY AND HEALTH MEASURES AND MISHAP

REPORTING

1852.223-75 FEB 2002 MAJOR BREACH OF SAFETY OR SECURITY

1852.242-72 OCT 2015 DENIED ACCESS TO NASA FACILITIES

1852.243-72 APR 1998 EQUITABLE ADJUSTMENTS

H.2 TASK ORDER PROCEDURES:

1.0 Each task order solicitation will be a request for proposal only and does not constitute authority to proceed or to incur any cost associated with contract performance. No legal liability shall reside on the part of the Government for any amount until a task order is signed by the Contracting Officer.

2.0 The Government plans to issue task order awards without holding discussions with the offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

3.0 After award of the initial IDIQ contracts, it is the government’s intention to have contractors compete for future task orders based on either low price, best value or low price technically acceptable. 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 CLIN 0006 and low price technically acceptable to CLINs 0001-0005. While the government reserves the right to select the evaluation method for each task order, each request for proposal will state the method of selection.

4.0 As requirements are identified, the government will issue Request for Proposals

(RFPs) that will describe the scope required along with the required proposal response time and the applicable construction wage determination. A site visit will be scheduled within 7 calendar days with the contractors to verify measurements and elements of work. If negotiations are required, they will commence once the Government has completed their technical evaluation of the proposals. Task orders awards will be issued on a DD Form 1155. The performance period will be cited in each RFP for each task order. All task orders issued hereunder are subject to the terms and conditions of this contract. Note: It is the Government’s intent to issue ALL task orders with an established firm fixed price.

5.0 The following describes the procedures for each type of requirement:

Design/ Build (100%): The solicitation will contain a Statement of Objectives (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 15% 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 15% design package for acceptability. The Government will either request a price proposal based on the acceptable design package, or, issue a revised SOO and repeat the process. The Government will indicate which 15% design package(s) have been determined to be acceptable. The contractor will then be asked to provide a price proposal. If negotiations are required, they will commence once the Government has completed its technical evaluation.

Minimal Design Build: The solicitation will contain a limited SOW that describes the work intended. Based upon the SOW the contractor shall provide a 35% design and a priced proposal. If negotiations are required, they will commence once the Government has completed its technical evaluation.

Construction: The solicitation will contain specifications and drawings for the contractor to propose pricing. If negotiations are required, they will commence once the Government has completed its technical evaluation.

6.0 Davis Bacon Act Wage Rates: Each RFP shall identify the applicable Construction

Wage Rate Decision(s) applicable to the particular construction project. The wage determination can be found on https://beta.sam.gov. The current Decision Number and Modification at the time of the task order award will be included using the following criteria: State - Florida; County - Brevard; and Construction Type - Building, Heavy and Highway.

7.0 Payment and Performance Bonds: Payment and Performance bond requirements pertain to the issuance of all task orders. Note: FAR Clause 52.228-15 (located in section I), all references to “contract” also includes any resulting Task Orders issued against this contract.

8.0 Identification of Correspondence: All correspondence and data submitted by the contractor under this contract shall reference the contract number, Task Order number and project title.

9.0 Identification of Government Furnished Property (GFP): Pursuant to the “Government

Property” clause herein, the Government will furnish the item(s) of the property listed below as Government Furnished Property to the contractor, FOB Destination, for use in performance of this contract:

10.0 ITEM NUMBER QUANITITY DESCRIPTION VALUE

Will be cited in each individual task order as applicable.

11.0 No protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task-order contract or delivery – order contract, except for—

(i) A protest on the grounds that the order increases the scope, period, or maximum value of the contract.

12.0 For these contracts, the designated task order ombudsman can be found at the following link: https://www.nasa.gov/office/procurement/doingbusiness. The task order ombudsman is responsible for reviewing complaints from multiple award contractors and ensuring that all of the Contractors are afforded a fair opportunity to be considered for task orders in excess of $3,500, consistent with procedures in the contract. However, it is not within the designated task order contract ombudsman's authority to prevent the issuance of an order or disturb an existing order.

13.0 Past performance shall be tracked electronically on each task order over $700,000 and may be tracked on any other task order under this amount to the Contractor Performance Assessment Reporting System (CPARS).

H.3 FAIR OPPORTUNITY:

1.1 Each awardee will be provided a fair opportunity to be considered for all task order unless one of the following exceptions applies:

(i) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

(ii) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. Due to the inherent risk/size/complexity, contractors working in the same space etc.

(iii) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is 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.

(iv) It is necessary to place an order to satisfy a minimum guarantee.

H.4 KSC 52.222-6 SPECIAL ENCLAVE STATUS FOR KENNEDY SPACE CENTER

(JUL 2018)

Pursuant to FAR 52.222-6, Construction Wage Rate Requirements:

The Kennedy Space Center (KSC) is part of a special enclave within Brevard County which includes the geographic area consisting of KSC, Cape Canaveral Air Force Station, and Patrick Air Force Base, as specified in the attached wage determination.

The Department of Labor (DOL) designated KSC as a part of this special enclave in the 1960's during construction of the launch complex. The labor classifications and prevailing wages differ significantly from those contained in wage determinations for the surrounding areas and the process of determining the proper labor classifications for work to be performed may differ significantly from that in a non-enclave environment.

Offerors should contact the DOL for instructions concerning selection of proper labor classifications for all KSC construction projects within this special enclave. The DOL local office phone numbers are (321) 242-1851/office and (321) 614-8823/mobile.

The selection of the proper labor classifications from the solicitation's wage determination for the pricing of bids/proposals is the responsibility of the offeror in consultation with the DOL. Post award the contractor should continue to be aware of any potential impact KSC's special enclave status might have during contract performance (e.g. contract modifications). It is incumbent upon the offeror to make potential subcontractors aware of KSC's special enclave status and to instruct them to contact DOL for instructions for choosing the proper labor classifications. The Agency will not make any official determination as to the proper labor classifications for work described in this solicitation.

The successful offeror shall be solely responsible for the employment of workers with the proper skills and payment of them in accordance with FAR 52.222-6, Construction Wage Rate Requirements, and the solicitation's wage determination. The Agency will monitor contractor compliance in accordance with 29 CFR 5.5. Non-compliance will be reported to the DOL. DOL will determine compliance with the Act and decide on enforcement actions. Any disputes concerning labor standards requirements will be handled by the DOL in accordance with FAR 52.222-14, Disputes Concerning Labor Standards.

H.5 KSC 52.242-93 CONTRACTOR WORKFORCE REPORT - ONSITE

CONTRACTORS AND SUBCONTRACTORS (JUL 2018)

The Contractor shall submit, on a quarterly basis, a manpower report delineating information about its workforce. The report shall include: the contract number, the contractor's total on-site workforce, total on-site union represented employees by bargaining unit, total on-site non-union represented employees, and total off-site workforce performing on the contract.

The Contractor shall provide this information no later than 10 days after the close of each reporting period which ends March 31st, June 30th, September 30th, and December 31st.

The report shall be submitted to the Contracting Officer with a copy to the Industrial Labor Relations Office KSC-DL-OP-IndustrialRelations@mail.nasa.gov.

H.6 KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTOR'S ACTIVITIES

(JUL 2018)

The Contractor shall comply with the publications listed and those checked as applicable below, and subsequent revision thereof, that the Contracting Officer has indicated as being incorporated in this contract by reference. These publications prescribe regulatory and procedural criteria which are applicable to this contract. The contractor shall promptly take corrective action upon notice of noncompliance from the Contracting Officer or his/her authorized representative(s) with any provision of the publications listed below.

The Contractor shall comply with the following publication, which can be found at https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=4A :

NPR 1600.4A, Identity and Credential Management

The Contractor shall comply with the following publications and those publications checked as applicable below. These documents can be found at http://procurement.ksc.nasa.gov/PPD/documents :

KNPR 8715.2, Comprehensive Emergency Management Plan (CEMP) KNPR 1600.1, KSC Security Procedural Requirements KNPR 8500.1, KSC Environmental Management Requirements KNPR 8715.3, KSC Safety Procedural Requirements KNPD 1600.3, Use of Alcoholic Beverages on Kennedy Space Center (KSC) Property Check if applicable:

[ ]KNPD 1810.1 KSC Occupational Medicine Program [ ]KNPR 1860.1 KSC Ionizing Radiation Protection Program [ ]KNPR 1860.2 KSC Nonionizing Radiation Protection Program [ ]KNPR 1820.3 KSC Hearing Loss Prevention Program [ ]KNPR 1820.4 KSC Respiratory Protection Program [ ]KNPR 1840.19 KSC Industrial Hygiene Programs [ ]45SWI40-201 45th Space Wing Instruction 40-201 Radiation Protection Program [ ]KNPR 1840.1 KSC Hazard Communication Program [ ]KNPR 1870.1 KSC Sanitation and Public Health Program [ ]KNPR 2570.1 KSC Radio Frequency Spectrum Management Procedural Requirements [ ]KNPR 4000.1 Supply and Equipment System Manual [ ]KNPR 6000.1 KSC Transportation Support System Manual [X]KNPR 8715.7 KSC Construction Contractor Safety and Health Practices Procedural Requirements [ ]KNPR 8830.1 Facility Asset Management Procedural Requirements

H.7 KSC 52.223-121 REPORTING OF INCIDENTS INVOLVING WORKPLACE

VIOLENCE (JUL 2018)

The contractor shall conduct training on and develop procedures for recognizing, managing and responding to incidents and threats of workplace violence as defined in NASA Policy

Directive (NPD) 1600.3 Policy on Prevention of and Response to Workplace Violence.

Contractors shall also promptly report all incidents involving workplace violence to the Protective Services Office. If the NASA Threat Assessment Team (TAT) Chair and Co- Chair determine it is appropriate for the contractor to participate in a TAT meeting, the contractor shall comply with the TAT request. The contractor is also responsible for reporting disposition of the incident reported to the NASA TAT.

This requirement shall flow down to the subcontractors, however the subcontractors shall report up through the prime contractor.

H.8 SAFETY AND HEALTH

Pursuant to NFS 1852.223-70, Safety and Health:

(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment.

NASA’s safety priority is to protect: the public, astronauts and pilots, the NASA workforce (including contractor employees working on NASA contracts), and high-value equipment and property.

(b) The Contractor shall take all reasonable safety and occupational health measures in performing this contract. The Contractor shall comply with all Federal, State, and local laws applicable to safety and occupational health and with the safety and occupational health standards, specifications, reporting requirements, and any other relevant requirements of this contract.

(c) Kennedy Space Center Voluntary Protection Program (VPP)

Kennedy Space Center has implemented a comprehensive safety and health management system, and has demonstrated its commitment to providing and maintaining a safe workplace by successfully completing a rigorous evaluation process to achieve recognition by the Occupational Health and Safety Administration (OSHA) as a “Voluntary Protection Program (VPP) Star Worksite.” The VPP program promotes effective worksite-based safety and health, encourages employers and employees to reduce the number of occupational safety and health hazards at their places of employment, establishes cooperative relationships between management, labor, and OSHA, and serves to augment limited OSHA resources.

(d) Reporting Procedures for Close Calls and Mishaps (Also reference NFS 1852.223-

70, Safety and Health)

(1) The contractor shall submit a NASA Direct Construction Contractor Mishap Report Form (KDP-F-3645) to the Contracting Officer to document close calls or mishaps and associated corrective actions. In addition, the Contracting Officer may issue a “Notice of Violation” to document safety violations under this contract when needed. The Contractor shall use the form provided to communicate actions taken to correct or mitigate safety/health non-conformance at the job-site, as well as any corrective actions taken to prevent recurrence. This report must be posted on the job site until all corrective actions have been completed.

(2) In the event the non-compliance poses imminent danger, the Contracting Officer may invoke the stop-work order clause in this contract until such time as the immediate hazard has been mitigated. If the Contractor fails or refuses to institute prompt corrective action, the Contracting Officer may invoke the stop-work order clause or any other remedy available to the Government in the event of such failure or refusal.

(3) The Contractor (or subcontractor or supplier) shall insert the “Reporting

Procedures for Close Calls and Mishaps” section of this clause, including this paragraph and any applicable Schedule provisions and clauses, with appropriate changes of designations of the parties, in all solicitations and subcontracts of every tier, when the work will be conducted completely or partly on premises owned or controlled by the Government.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE

NUMBER DATE TITLE

52.202-1 NOV 2013 DEFINITIONS

52.203-3 APR 1984 GRATUITIES

52.203-5 MAY 2014 COVENANT AGAINST CONTINGENT FEES

52.203-6 SEP 2006 RESTRICTIONS ON SUBCONTRACTOR SALES TO

THE GOVERNMENT

52.203-7 MAY 2014 ANTI-KICKBACK PROCEDURES

52.203-8 MAY 2014 CANCELLATION, RESCISSION AND RECOVERY OF

FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

52.203-10 MAY 2014 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR

IMPROPER ACTIVITY

52.203-12 OCT 2010 LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS

52.203-13 OCT 2015 CONTRACTOR CODE OF BUSINESS ETHICS AND

CONDUCT

52.203-14 OCT 2015 DISPLAY OF HOTLINE POSTER(S) Paragraph(b)(3).

(NASA Contracting Officer, Hotline # 800-424-9183)

52.203-17 APR 2014 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMETN TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

52.204-4 MAY 2011 PRINTED OR COPIED DOUBLE-SIDED ON POST

CONSUMER FIBER CONTENT PAPER

52.204-9 JAN 2011 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

52.204-10 JAN 2018 REPORTING EXECUTIVE COMPENSATION AND FIRST-

TIER SUBCONTRACT AWARDS

52.204-13 OCT 2018 SYSTEM FOR AWARD MANAGEMENT

MANINTENANCE

52.204-15 OCT 2016 SERVICE CONTRACT REPORTING REQURIEMETNS

FOR INDEFINITE-DELIVERY CONTRACTS

52.204-19 DEC 2014 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS

52.209-6 OCT 2015 PROTECETING THE GOVERNMENT'S INTEREST

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.209-9 OCT 2018 UPDATES OF PUBLICLY AVAILABLE

INFORMATION REGARDING RESPONSIBILITY

MATTERS

52.209-10 NOV 2015 PROHIBITION ON CONTRACTING WITH

INVERTED DOMESTIC CORPORATIONS

52.215-2 OCT 2010 AUDIT AND RECORDS-NEGOTIATION

52.215-8 OCT 1997 ORDER OF PRECENDENCE UNIFORM CONTRACT

FORMAT

52.215-10 AUG 2011 PRICE REDUCTION FOR DEFECTIVE COST OR

PRICING DATA

52.215-11 AUG 2011 PRICE REDUCTION FOR DEFECTIVE CERTIFIED

COST OR PRICING DATA-MODIFICATIONS

52.215-12 OCT 2010 SUBCONTRACTOR CERTIFIED COST OR PRICING

DATA (DEVIATION)

52.215-13 OCT 2010 SUBCONTRACTOR CERTIFIED COST OR PRICING

DATA- MODIFICATIONS (DEVIATION)

52.215-21 OCT 2010 REQUIREMENTS FOR CERTIFIED COST OR

PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA—

MODIFICATIONS

52.217-2 OCT 1997 CANCELLATION UNDER MULTI-YEAR

CONTRACTS

52.219-6 MAR 2020 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

52.219-8 NOV 2016 UTILIZATION OF SMALL BUSINESS CONCERNS

52.219-13 NOV 2011 NOTICE OF SET ASIDE OF ORDERS

52.219-14 JAN 2017 LIMITATIONS ON SUBCONTRACTING

(DEVIATION 19-02)

52.219-28 MAR 2020 POST AWARD SMALL BUSINESS PROGRAM

REPRESENTATION

52.222-1 FEB 1997 NOTICE TO THE GOVERNMENT OF LABOR

DISPUTES

52.222-3 JUN 2003 CONVICT LABOR

52.222-4 MAR 2018 CONTRACT WORK HOURS AND SAFETY

STANDARDS ACT -OVERTIME COMPENSATION

52.222-6 AUG 2018 CONSTRUCTION WAGE RATE REQUIREMENTS

52.222-7 MAY 2014 WITHHOLDING OF FUNDS

52.222-8 AUG 2018 PAYROLLS AND BASIC RECORDS

52.222-9 JUL 2005 APPRENTICES AND TRAINEES

52.222-10 FEB 1988 COMPLIANCE WITH COPELAND ACT

REQUIREMENTS

52.222-11 MAY 2014 SUBCONTRACTS (LABOR STANDARDS)

52.222-12 MAY 2014 CONTRACT TERMINATION--DEBARMENT

52.222-13 MAY 2014 COMPLIANCE WITH CONSTRUCTION WAGE RATE

REQUIREMENTS AND

RELATED ACT REGULATIONS

52.222-14 FEB 1988 DISPUTES CONCERNING LABOR STANDARDS

52.222-15 MAY 2014 CERTIFICATION OF ELIGIBILITY

52.222-21 APR 2015 PROHIBITION OF SEGREGATED FACILITIES

52.222-23 FEB 1999 NOTICE OF REQUIREMENT FOR AFFIRMATIVE

ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION

52.222-26 SEP 2016 EQUAL OPPORTUNITY

52.222-27 APR 2015 AFFIRMATIVE ACTION COMPLIANCE

REQUIREMENTS FOR CONSTRUCTION

52.222-37 SEP 2010 EMPLOYMENT REPORTS ON VETERANS

52.222-40 DEC 2010 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT

52.222-50 JAN 2019 COMBATING TRAFFICKING IN PERSONS

52.222-54 OCT 2015 EMPLOYMENT ELIGIBILITY VERIFICATION

52.222-55 DEC 2015 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658

52.222-62 JAN 2017 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706

52.223-2 JAN 2013 AFFIRMATIVE PROCUREMENT OF BIOBASED

PRODUCTS UNDER SEVICE AND CONSTRUCTION

CONTRACTS

52.223-3 JAN 1997 HAZARDOUS MATERIAL IDENTIFICATION AND

MATERIAL SAFETY DATA

52.223-5 MAY 2011 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

52.223-6 MAY 2001 DRUG-FREE WORKPLACE WASTE REDUCTION

PROGRAM

52.223-9 MAY 2008 ESTIMATE OF PERCENTAGE OF RECOVERED

MATERIAL CONTENT FOR EPA-DESIGNATED LINE

ITEMS

52.223-11 JUN 2016 OZONE-DEPLETING SUBSTANCES AND HIGH

GLOBAL WARMING POTENTIAL

HYDROFLUORCARBONS

52.223-12 JUN 2016 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF

REFRIGERATION EQUIPMENT AND AIR

CONDITIONERS

52.223-15 DEC 2007 ENERGY EFFICIENCY IN ENERGY CONSUMING

PRODUCTS

52.223-17 AUG 2018 AFFIRMATIVE PROCUREMENT OF EPA DESIGNATED

ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS

52.223-18 AUG 2011 ENCOURAGING CONTRACTOR POLICIES TO BAN

TEXT MESSAGING WHILE DRIVING

52.225-13 JUN 2008 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

52.227-1 DEC 2007 AUTHORIZATION AND CONSENT

52.227-2 DEC 2007 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT

52.227-4 DEC 2007 PATENT INDEMNITY-CONSTRUCTION CONTRACTS

52.227-17 DEC 2007 RIGHTS IN DATA - SPECIAL WORKS

52.228-2 OCT 1997 ADDITIONAL BOND SECURITY

52.228-5 JAN 1997 INSURANCE--WORK ON A GOVERNMENT

INSTALLATION

52.228-11 AUG 2018 PLEDGES OF ASSETS

52.228-12 MAY 2014 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR

BONDS

52.228-15 OCT 2010 PERFORMANCE AND PAYMENT BONDS -

CONSTRUCTION

52.229-3 FEB 2013 FEDERAL, STATE, AND LOCAL TAXES

52.232-5 MAY 2014 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS

52.232-16 APR 2012 PROGRESS PAYMENTS (ALTERNATE 1)

52.232-17 MAY 2014 INTEREST

52.232-18 APR 1984 AVAILABILITY OF FUNDS

52.232-23 MAY 2014 ASSIGNMENT OF CLAIMS

52.232-27 MAY 2017 PROMPT PAYMENT FOR CONSTRUCTION

CONTRACTS

52.232-33 OCT 2018 PAYMENT BY ELECTRONIC FUNDS TRANSFER -

SYSTEM FOR AWARD MANAGEMENT

52.232-39 JUN 2013 UNENFORCEABILITY OF UNAUTHORIZED

OBLIGATIONS

52.232-40 DEC 2013 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS

52.233-1 MAY 2014 DISPUTES (ALTERNATE 1)

52.233-3 AUG 1996 PROTEST AFTER AWARD

52.233-4 OCT 2004 APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM

52.236-2 APR 1984 DIFFERING SITE CONDITIONS

52.236-3 APR 1984 SITE INVESTIGATION AND CONDITIONS AFFECTING

THE WORK

52.236-5 APR 1984 MATERIAL AND WORKMANSHIP

52.236-6 APR 1984 SUPERINTENDENCE BY THE CONTRACTOR

52.236-7 NOV 1991 PERMITS AND RESPONSIBILITIES

52.236-8 APR 1984 OTHER CONTRACTS

52.236-9 APR 1984 PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

52.236-10 APR 1984 OPERATIONS AND STORAGE AREAS

52.236-11 APR 1984 USE AND POSESSION PRIOR TO COMPLETION

52.236-12 APR 1984 CLEANING UP

52.236-13 NOV 1991 ACCIDENT PREVENTION (ALTERNATE 1)

52.236-14 APR 1984 AVAILABILITY AND USE OF UTILITY SERVICES

52.236-15 APR 1984 SCHEDULES FOR CONSTRUCTION CONTRACTS

52.236-17 APR 1984 LAYOUT OF WORK

52.236-21 FEB 1997 SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION (ALTERNATE 1)

52.236-22 APR 1984 DESIGN WITHIN FUNDING LIMITATIONS

52.236-23 APR 1984 RESPONSIBILITY OF THE ARCHITECT- ENGINEER

CONTRACTOR

52.236-24 APR 1984 WORK OVERSIGHT IN ARCHITECT-ENGINEER

CONTRACTS

52.236-25 JUN 2003 REQUIREMENTS FOR REGISTRATION OF DESIGNERS

52.236-26 FEB 1995 PRECONSTRUCTION CONFERENCE

52.242-13 JUL 1995 BANKRUPTCY

52.243-4 JUN 2007 CHANGES

52.244-4 AUG 1998 SUBCONTRACTS AND OUTSIDE ASSOCIATES AND

CONSULTANTS (ARCHITECT-ENGINEER SERVICES)

52.244-6 AUG 2019 SUBCONTRACTS FOR COMMERCIAL ITEMS

52.245-1 JAN 2017 GOVERNMENT PROPERTY

52.245-9 APR 2012 USE AND CHARGES

52.246-21 MAR 1994 WARRANTY OF CONSTRUCTION

52.248-3 OCT 2015 VALUE ENGINEERING-- CONSTRUCTION

52.249-2 APR 2012 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED-PRICE) (ALTERNATE 1)

52.249-7 APR 1984 TERMINATION (FIXED-PRICE ARCHITECT-ENGINEER)

52.249-10 APR 1984 DEFAULT (FIXED-PRICE CONSTRUCTION)

52.253-1 JAN 1991 COMPUTER GENERATED FORMS

II. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES

CLAUSE

NUMBER DATE TITLE

1852.203-70 JUN 2001 DISPLAY OF INSPECTOR GENERAL…