1305M2-19-Q-NFFM-0274_RFQ__Facility_Support.pdf

Page 1 of 541305M2-19-Q-NFFM-0274 Operations, Maintenance, and Facility Support Services- Sandy Hook, NJ

U.S. Department of Commerce

National Oceanic and Atmospheric Administration Eastern Acquisition Division 200 Granby Street, Suite 815

Norfolk, VA 23510

REQUEST FOR QUOTATION

Operations, Maintenance, and Facility Support Services- Sandy Hook, NJ

1305M2-19-Q-NFFM-0274

August 2019

Page 2 of 541305M2-19-Q-NFFM-0274 Operations, Maintenance, and Facility Support Services- Sandy Hook, NJ

NOTICE DATE: August 1, 2019

Response Due: Friday, August 16, 2019 at 12:00 PM EST

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format at FAR Subpart 12.6, as supplemented with additional information included in this notice, and is being conducted pursuant to FAR Part 12- Acquisition of Commercial Items and Subpart 13.5-Simplified Procedures for Certain Commercial Items. The synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular No. 2019-3 dated 06/12/2019. Should the Government issue an order resulting from this RFQ, it will be in the form of a written offer to the supplier and shall require the supplier’s acceptance by notification to the Government, in writing, as defined at FAR 2.101. THIS ANNOUNCEMENT

CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A

WRITTEN SOLICITATION WILL NOT BE ISSUED.

The National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division, 200 Granby Street, Suite 815, Norfolk, Virginia 23510, on behalf of the National Marine Fisheries Service (NMFS), Northeast Fisheries Science Center (NEFSC) is soliciting quotes for Operations, Maintenance, and Facility Support Services at the James J. Howard Laboratory Sandy Hook, NJ.

This RFQ is 8(a) Set-Aside. The associated North American Industry Classification System (NAICS) code is 561210- Facility Support Services, which has a corresponding size standard of $38.5M.

The Government anticipates awarding a Firm-Fixed Price (FFP) contract with a five (5) year period of performance from September 26, 2019 through September 25, 2024.

The Contractor shall supply all necessary personnel, supervision, services, materials, travel and other items as required in accordance with this RFQ.

Attachment 2-Pricing Schedule shall be completed by the Contractor for pricing purposes.

SECTION I

STATEMENT OF WORK

Operations, Maintenance, and Facility Support Services

U. S. DEPARTMENT OF COMMERCE

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)

NATIONAL MARINE FISHERIES SERVICE (NMFS)

OPERATIONS, MAINTENANCE, AND FACILITY SUPPORT

I. BACKGROUND

The National Oceanic Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS) is responsible for the stewardship of the nation's ocean resources and their habitat. NOAA provides vital services for the nation: productive and sustainable fisheries, safe sources of seafood, the recovery and conservation of protected resources, and healthy ecosystems all backed by sound science and an ecosystem-based approach to management.

The NMFS Sandy Hook Laboratory is located off the New Jersey shore on a spit in Lower Bay near the mouth of the Hudson River. The site is part of a National Historic District owned by the National Parks Service (NPS). James J. Howard Laboratory is located at 74 Magruder Rd, Highlands, NJ 07732. The James J. Howard Laboratory is a marine research facility shared by NOAA and the State of New Jersey. NOAA’s NMFS conducts federal research at the laboratory.

The primary mission of the Howard Laboratory is to conduct research in ecology, leading to a better understanding of both coastal and estuarine organisms and the effects of human activities on near shore marine populations. The laboratory consists of two (2) buildings. Building 74 and the JJH Laboratory building. Directly across the road from the JJH Laboratory is a NOAA leased facility designated as Building 74. Both buildings are in the ecologically sensitive Sandy Hook peninsula now called the Gateway National Recreation Area, overlooking the Atlantic and parts of the Hudson-Raritan Estuary, with the New York skyline in the distance.

Building 74 (41,000 SF) is a historic building constructed in 1912. Building 74 is a multiple use facility consisting mostly of office space, a 4000 square foot library, rare books room, storage space, conference rooms, lunchrooms, full kitchen, elevator, infrastructure systems, small laboratory spaces and other administrative space. Building 74 was renovated in 1995. There is a basement, first floor, second floor and attic area. Within building 74 major infrastructure system include but not limited to; Boilers, Fire pump servicing both buildings, fire protection systems, fume hoods, computer room, rare books fire protection system, security cameras, electronic door access, and HVAC&R.

The JJH Laboratory was constructed in 1991 (45,560 sf). The JJH Laboratory is a marine research facility that includes an extensive seawater intake system (includes a pump pit and seawater intake wells) which supply’s seawater to individual laboratories and a 32,000 gallon aquarium in an environment that provides day-to-night lighting that simulates the environmental conditions of the ocean. The first floor of the facility is approximately 20,620 sf and the second floor is approximately 17,140 sf. A heated penthouse mechanical room (7,800 sf) contains HVAC&R air handling units and related building infrastructure. The building mainly consists of laboratory spaces, offices space, an elevator, and twelve (12) seawater and chemistry laboratories. The water for the seawater system is pumped in from the Sandy Hook Bay. Within the laboratory major infrastructure systems include but not limited to; switch gear, seawater system, chilled water, process boilers, chillers, HVAC&R, air handlers, walk in freezers, security cameras, electronic door access, telephone demarcation, programmable lighting system to replicate daylight, cooling towers (exterior of building), engine generators (exterior of the building) and fire protection system.

a. Over the course of the next five years, the Sandy Hook campus will transition from two buildings (building 74 and the JJH Laboratory) to one building (JJH Laboratory). This effort will encompass all laboratories, office space, maintenance space, seawater systems and infrastructure support equipment. This transition will require multiple relocation of personnel and a sizable construction project to convert the JJH laboratory into a single use facility supporting NOAA by other resources.

The result of this transition will be that the government will abandon building 74. This is a significant reduction in square footage.

II. SCOPE OF WORK

a. The Contractor shall provide all trade employees with the necessary skills and training to assist NMFS in the operation, maintenance, repair and upkeep of James J. Howard laboratory buildings, infrastructure and equipment as required. Training shall include, but are not limited to lockout/tagout, ladder safety, arc protection certification, asbestos and lead awareness, confined space awareness and hazard communication; and other training as required by OSHA.

b. All work shall be performed in accordance with current trade and industry standards, all Federal, State and local regulations and code requirements. Support includes but not limited to:

Corrective maintenance, preventative maintenance, emergency maintenance and recurring maintenance, repair, and services. Major systems include but not limited to; seawater intake system (including pumps, piping, pump pit and seawater intake wells heads), compressors, emergency generators, heat exchangers , chillers, cooling towers, electrical systems, switch gear, plumbing, piping, HVAC&R, boilers, daytanks, underground fuel storage tanks and fuel delivery systems, seawater tanks, filtration systems, lighting systems (some computer controlled), controlled temperature rooms, distilled water system, compressed gas systems, walk-in freezers, fume hoods, security systems, fire suppression and notification systems, control systems, motors, pumps, fork lift services. Other functions include general day-to-day maintenance, minor roof repairs, snow removal for walkways, architectural upgrades or improvements and other components required to maintain normal operations for infrastructure, occupants and sea life.

c. It is anticipated that during the course of this contract there will be a major construction contract to perform office renovations, upgrades to office space, laboratory space, and to selected infrastructure systems within the JJH laboratory building. The task manager (foreman) when requested will assist the construction general Contractor to coordinate infrastructure shutdowns, explain system function capabilities, identify and locate valves, piping, vents, compressors, pumps, alarms, electrical components, and other infrastructure support systems and equipment.

d. New Jersey Department of Environmental Management A & B Underground Storage Tank (UST) program: owner /operator certification. Contractor operation/maintenance of facility's two UST's shall be in compliance with N.J.A.C. 7:14B Underground Storage Tank regulations, specifically Subchapters 5 and 5A. UST for building 74 is 6,000 gallons, UST for the JJH laboratory is 12,000 gallons. are

1. NJ Class A/B UST Operator: An onsite person (preferably the foreman) shall be required to obtain/maintain a valid NJ Class A/B Operator Certification, and serve as the facility's Class B UST operator, as designated by NOAA's UST Registration with NJDEP.

2. Class C Operators. Two on site persons shall be properly trained and serve as the facility's Class C UST operator, as designated by NOAA's UST Registration with NJDEP.

3. NJ Class A/B/C UST Operator Training Records: In accordance with NJAC 7:14B-5A.5, the Contractor shall provide to NOAA records that document the training and retraining, if applicable, received for each designated Class A, Class B, and Class C operator.

III. CONTRACTOR PERSONNEL

a. The Contractor shall be solely responsible for all direct management, supervision and control of the work performed by its personnel. The Contractor shall be responsible for deciding the proper work methods and procedures to be used for making sure that it is properly and safely undertaken and finished satisfactorily.

b. The Contractor shall be required to submit all certifications for trade employees to the Contracting Officers Representative (COR) prior to Contractor personnel reporting to work.

c. Trades Employee(s) shall be journeyman level comprised of the following trades, Pipefitter, Plumber, Boiler mechanic, Electrician, or other approved tradesman by the government. There shall be a combination initially of two (2) journeymen tradesmen’s plus one (1) laborer. This number may increase or decrease upon 30 calendar days written notice by the Government. This does not include the foreman or foremen requirements. Security Requirements: As a condition of employment at any government facility and for purposes of determining a person’s qualifications for employment, the Contractor shall undertake a criminal history record background check for all its employees assigned to work at the government facilities. The Contractor shall bear the cost of the criminal history record background check. The Contractor shall be responsible for insuring that employees have legal immigration status to be working in the United States.

d. The Contractor is responsible to ensure employees obtain a Department of Commerce (DOC) background check in accordance with current DOC security requirements. The employee security clearance shall be in accordance with CAR 1352.237-72 (See Attachment 4- NOAA Security Form). A list of employees shall be provided to the COR. The government will directly pay the security agency responsible for conducting security clearance. The Contractor shall reimburse the government for all security clearance’s cost incurred.

e. The Contractor shall retain the result of the individual’s criminal history background check for as long as that individual is assigned to these government facilities. The results of the criminal history background check will be made available to the COR upon request.

f. All Contractor's personnel assigned to Government facilities shall wear a uniform supplied by the Contractor bearing the Contractor's logo or other company identification.

g. The Contractor shall provide photo identification badges to each employee. Contractor personnel and subcontractor personnel shall display a laminated picture identification on their person. The identification shall clearly display the individual's first and last names printed underneath the picture. The Contractor's logo or subcontractor logo shall also appear on the picture side of the card. Any Contractor's or subcontractor's employee reporting to work without company identification badge shall not be permitted to enter the building.

h. The Contractor's personnel must observe all regulations in effect at the government agency, including security sign-in/sign-out procedures. While on Government property, trades employees are subject to the control of the Government. Under no circumstances will the Contractor or its personnel represent themselves as employees of the Government.

i. The Contractor shall remove any trade employees who are in the opinion of the Government engaging in improper conduct or who are not qualified or needed to perform the work assigned to them. Examples of improper conduct include, but are not limited to: Insobriety, sleeping on the job, insubordination, theft, sexual harassment, bullying, harassment, discrimination, unsafe work practices, tardiness or substandard performance. The Contracting Officer (CO) may direct that the Contractor replace offending personnel at once.

j. The CO may require the immediate replacement and removal from the work crew any employee who is identified as a potential threat to the health, safety, security, general well-being or operational mission of the facility and its population.

A. TASK MANAGER (FOREMAN) REQUIREMENTS

a. The TM (Foremen) shall be identified prior to the start of the award; The TM shall monitor technical aspects of the contract. The TM may act as a liaison with the COR. The TM shall assign and oversee work to skilled laborers. The TM is not authorized to change any of the terms and conditions of the contract.

b. There shall be an onsite Task Manager (Foreman) in charge to oversee other trades, coordinate day-to-day activities. Foreman shall coordinate with all trades personnel independent of their trade and skill set. The foreman shall be a Journeymen pipefitter, plumber or electrician.

c. The foreman shall have at least seven (7) years of verifiable experience with seawater systems, laboratories, facility that maintain live animals, fish or mammal life, facilities utilizing chemicals and biological substance to assist experimentation, facilities storing hazardous materials and hazardous waste, overseeing fueling of underground storage tanks, possess the ability to make decisions in time critical situations, in the capacity of a foremen. The TM shall be cable of interrupting engineering drawings, and contract documents.

IV. PARTS AND LABOR

a. The Contractor shall furnish all necessary repairs, inspections, renewal parts and lubricants required to maintain the equipment in proper operating condition inclusive of all necessary labor to install repair parts, make necessary adjustments to keep the equipment operating efficiently.

b. The Contractor shall provide vehicle(s) for their staff as required to complete their work. Trades employees shall be required to store tools and supplies for quick access and response to emergency repair situations. The Contractor is not permitted to use a Government vehicle at any time.

c. The Government anticipates changes of operational and maintenance requirements during the course of the contract. There is no guarantee of any minimum or maximum number of hours or trade employees to be used during the life of this contract. During the course of this contract the Government fully expects to reduce the labor associated with this contract. Two significant event will cause reduction in labor associated with this contract:

i. When the JJH laboratory has completed all the renovations as described in Section I there will be a reduction in maintenance and operational requirements. Support for building 74 will no longer be required.

ii. Federal staffing levels may increase or decrease with a focus on facility maintenance.

The contractor shall reduce it’s labor personnel as directed by the Government when one of these events has occurred. The contractor shall reduce billable hours and submit payment for only those hours worked by personnel. A thirty (30) day notice in writing shall be given to the Contractor when contract staff shall be reduced.

d. Operating and project maintenance conditions do not always allow strict adherence to trade lines.

In the event of crossover of trade lines, it shall not be interpreted as a precedent or change in the proper jurisdiction of the crafts involved. The Contractor must perform periodic checks of work assignments for adjusting work assignments to account for changing needs. If the Contractor finds that any such change is necessary, they must inform the CO.

e. The Contractor is not permitted to purchase any equipment and/or materials without approval from the COR.

f. Rental of equipment is permitted when required to perform specific tasks. The Contractor shall be reimbursed for any rental equipment including mark-up upon pre-approval. Pre-approval from the COR is required.

g. The Contractor shall provide all trade employee’s mobile phones as needed. All charges related to them are the responsibility of the Contractor. The Government does not provide internet service.

Contractor shall supply at least one internet service with a CPU or laptop for use by onsite task manager. Task Manager shall be accessible via email.

h. Parking spaces will be provided for the unloading and loading of materials and equipment, but at other times, Contractor vehicles must be legally parked.

i. The Contractor shall supply the trade employees all standard hand tools and small tools according to the accepted trade practice. Such tools are to be kept clean and in good working order.

Defective tools are to be replaced by the Contractor at once and cannot be used to perform any work as outlined in this statement of work. The government shall not assume any responsibility for safety, vandalism or theft of materials, tools or equipment.

V. EMERGENCIES

a. The Contractor shall be required to provide qualified trades employees to handle emergency services. When emergencies arise, the Contractor shall assign trade employees best experienced at the site of the emergency.

b. Emergency call-ins will guarantee a minimum of two (2) hours payment to the Contractor, exclusive of travel, at the proper rate at the time of the emergency call. Emergency calls require the Contractor to be "on site" within one (1) hour of notification. This service shall be conducted during any hour of the day or night, which may include both overtime and normal working hours.

c. The Contractor shall be required to maintain a twenty-four (24) seven (7) days a week emergency telephone contact.

VI. FACILITIES MAINTENANCE AND WORK ORDER TRACKING SYSTEM

a. The Contractor shall develop a computerized Facilities Maintenance and Work Order Tracking System, which schedules and tracks all maintenance through work orders coded to individual buildings. This system will produce many of the work orders to which the Contractor's employees will be assigned.

b. The Facilities Maintenance and Work Order Tracking System shall be based on the building equipment listing which generates Maintenance Significant Items (MSI), including air handlers, motors, pumps, generators, heat pumps, fire and life safety systems, generic features (architectural, infrastructure, plumbing, lighting), and so forth.

c. Preventive Maintenance (PM) task lists and frequencies may be created for all equipment based on specification sheets and manufacturers’ recommendations as provided by the Government.

d. Schedules may be made up of weekly, monthly, quarterly, semi-annual and annual tasks for the buildings.

e. PM work orders may be produced monthly and are the basis for the maintenance schedule.

f. Planned maintenance work consists of repair and/or replacement of equipment or components based on inspection, predictive failure techniques (run time, sensors) or corrective action because of PM. This work is kept in a "backlog" and is issued either separately by oldest date, or by operational necessity.

g. Critical system failures should be coded as Do-It Now (DIN) work orders.

h. Two (2) additional categories of work exist besides maintenance and emergency repairs. These are tenant work and project work. A Tenant Service Request (TSR) generates tenant work. Tenant work is typically light office construction, sprinkler and ductwork changes and electrical changes.

Tenant work shall not include any new construction projects. Project work is generated by the Federal Government to be performed over and above preventive maintenance. Projects may be large repair jobs or new installation depending on the situation. Project work shall not include any new capital improvement construction projects.

a. Other TSR: Relocating equipment, use of the forklift, adjusting temperatures of the temperature control rooms, relocating seawater lines in the laboratories, backwashing seawater distribution system, back washing biobeds, routine maintenance such as replacing burned out bulbs, cleaning of large research aquarium, replacing ceiling tiles, and the like.

VII. WORK SCHEDULES

a. The standard workday shall be an established consecutive eight (8) hour period, exclusive of a thirty (30) minute unpaid lunch period. The COR reserves the right to request the Contractor to assign trades employees to a set workweek which will meet the needs of the Government.

b. On any assignment, job conditions may dictate a change in the established starting time and or a staggered lunch period. When such circumstances arise, the Contractor shall notify the COR for approval.

c. The Contractor shall have a timekeeping system for all Contractor’s personnel assigned to work in government buildings under this contract. This timekeeping system shall be ready for implementation at the start date of the contract. The computerized time keeping system shall be capable of providing detailed reports to the onsite Task Manager and COR including personnel assignments, location, duration, and days worked.

d. The Contractor shall ensure its personnel onsite are scheduled to cover core hours between the hours of 6:30 am and 4:00 pm.

VIII. SAFETY, SECURITY, FIRE PROTECTION, ENVIRONMENTAL CONTROLS,

CONSERVATION OF UTILITIES AND COMPLIANCE WITH LAWS AND

REGULATIONS

A. Safety Requirements: The Contractor shall be responsible for all means and methods as they relate to safety and shall comply with all applicable OSHA, local, state and federal requirements. Safety shall be the responsibility of the Contractor. All related personnel shall be instructed daily to be mindful of the full time requirement to maintain a safe environment for the facility’s occupants including staff, visitors, customers and the occurrence of the public on or near the site.

1. The Contractor shall comply with the requirements of 29 CFR, Part 1910: Occupational Safety and Health Administration (OSHA) General Industry and Health Standards, and Health Administration (OSHA) General Industry and Health Standards and 29 CFR, part 1926 Construction Standards. The Contractor shall promptly correct any non-complying work or conditions. Contractor shall be responsible to ensure its work does not affect the safety of the public or employees of the Government. Neither the Government nor its representatives shall bear any responsibility for safety precautions at the project work site.

If, however, in the opinion of the COR a life-threatening condition exists, the COR will orally (to be confirmed in writing) require the Contractor to immediately suspend work in the affected area until the condition is corrected. Whenever Contractor’s operations may create a hazardous condition, it shall at its sole expense, furnish, install and maintain such guards, fences, barricades, railing, light, signs, or other devices necessary to prevent accident, injury or damage to people or equipment.

2. Safety plan shall include but not limited to OSHA requirements, welding, open flames, debris, cleanup, work place safety methods, and emergency procedures. The safety plan shall be available on site at all times and must be reviewed with all subcontractors working under this contract for the duration of the contract project.

3. The Contractor shall ensure all employees; sub-contractors, venders, and other company representative adhere to all safety rules, regulations, policies and practices.

4. Safety Data Sheets (SDS) must be on location at all times during the transportation, storage and application of materials that the Contractor has provided or brought to the facility for use by its employees. Contractor to keep SDS current.

5. The Contractor shall not cause or permit any hazardous material to be brought upon, kept or used in or about the premises by its agents, employees, or subcontractors without the prior consent of the COR. Hazardous materials that are necessary to the performance of this contract shall be used, kept and stored in a manner that complies with all laws regulating any such hazardous material brought upon or used or kept at this site.

Contractor shall provide Safety Data Sheets to the COR for any hazardous materials used in the performance of this contract.

6. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste, including but not limited to, those substances, materials, and wastes listed in the Department of Transportation Hazardous Material Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 68.130) and amendments thereto, petroleum products, or such other substances, material, and wastes that are or become regulated under any applicable local, state, or federal law.

B. Physical Security. The Contractor is responsible for safeguarding all Government property provided for Contractor use. At the end of each work shift all Government facilities, equipment and materials shall be secured. The Contractor shall ensure that all parts of the facility where work is being performed or Contractor supplies are authorized to be stored are adequately protected against vandalism and theft.

C. Fire Protection Requirements: The emergency telephone number for NEFSC, is 9-911.

D. Environmental Controls: This section covers the responsibility of the Contractor while performing under this contract.

E. Conservation of Utilities: The Contractor shall instruct employees in utilities conservation practices. The Contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

F. Compliance with Laws and Regulations: The Contractor shall be knowledgeable of and comply with all applicable Interstate, Federal, State, and Local laws, regulations, and requirements regarding environmental protection. In the event environmental laws/regulations change during the term of this contract, the Contractor is required to comply as such laws come into effect. If there is an increase or decrease in cost as a result of the change, the Contractor shall inform the CO pursuant to notice requirements and negotiate a modification to the contract. Notification must be in writing to the CO and COR upon identification of new requirement that affects the cost of the contract, but no later than three (3) days of identification. Notification to Government must include an itemized proposal of cost increase/decrease.

IX. ACCIDENT REPORTS

a. The Contractor shall immediately report to the CO and COR all accidents arising out of or in conjunction with the performance of the work, whether on or adjacent to the facility which caused death, personal injury or property damage, giving full details and statement of witnesses. All reports shall be submitted to the COR and CO with 24 hours of an incident.

b. If a claim is made by a third person against the Contractor on account of any accident, the

Contractor shall promptly report the matter in writing within twenty-four (24) hours to the CO and the COR.

X. CODES AND STANDARDS

a. All projects performed under this statement of work shall comply with the latest editions of codes, laws, and ordinances of Federal, State and Local governing bodies and authorities having jurisdiction. Contractor to ensure the requirements are met meeting or exceeding the best practices as recommended by Government Agencies, Professional Associations, Councils, Institutes, Manufacture, Codes and Standards. See appendix #1 for a list of Professional Associations, Organizations, Councils, and Institutes.

b. Permit and code inspections are performed by other regulating agencies. Controlling these inspection schedules and frequencies are determine by the controlling regulatory agency. The Contractor shall be responsible to assist any regulatory agency visiting the facility. This will include opening secured spaces, describing specific infrastructure systems, escorting regulatory personnel.

c. If permit or code violations are found in any work performed by the Contractor, the Contractor shall correct all violations at no additional cost to the government.

XI. HOURS OF OPERATION (FEDERAL HOLIDAYS, CLOSURES)

a. Under this award, the Contractor is responsible for conducting business, within the core hours of 6:30am – 4:00pm Monday thru Friday unless approved by the COR except federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. Closing of the facility due to local or national emergencies, administrative closings, or similar Government directed facility closings does not automatically entitle the Contractor for overtime pay to stay to complete operational task within core hours. It does not entitle the Contractor to leave the facility if operational requirements dictate that one or all the contracting staff remains on site. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons.

b. In the event of a weather closure, delay, limited access to the site, other unforeseen facility shutdown or closure the contractor shall adjust billable hours and submit payment for only those hours worked by personnel at the site during these periods.

c. Contractor shall submit payment for only hours provided by the contractor’s staff. Sick days, holidays, vacations days when utilized by contractor’s staff shall be deducted from the monthly invoice.

Appendix 1

PROFESSIONAL AGENCIES, ASSOCIATIONS, CODES,

COUNCILS, INSTITUTES, AND STANDARDS

Air-Condition and Refrigeration Institute ARI Air Movement and Control Association International , Inc AMCA American Bearing Manufactures Association ABMA American Concrete Institute ACI American Ladder Institute ALI American Institute of Steel Construction AISC American National Standards Institute ANSI American Plywood Association APA American Society of Civil Engineers ASCE American Society for Testing and Materials ASTM American Society of Mechanical Engineers ASME American Welding Society AWS American Wood Preserve Bureau AWPB American Wood Protection Association AWPA Building Officials and Code Administrators BOCA California Roof Rating Council CRRC Clean Air Act CAA Clean Water Act CWA Chain Link Fence Manufacturing Institute CLFMI Code of Federal Regulation CFR Concrete Reinforcing Steel Institute CRSI Construction Specification Institute CSI Department of Environmental Protection DEP Electronic Industries Alliance EIA Environmental Protection Agency EPA Gypsum Association GA International Organization for Standardization ISO Institute of Electrical and Electronic Engineers IEEE Leadership in Energy and Environmental Design LEED Metal Lath/Steel Framing Association ML/SFA National Asphalt Pavement Association NAPA National Association of Corrosion Engineers NACE National Electric Code NEC National Fire Protection Association NFPA National Institute of Standards and Technology NIST National Sanitation Foundation NSF National Society of Professional Engineers NSPE Occupational Safety and Health Act OSHA National Electric Manufactures Association NEMA Plastic Pipe Institute PPI Portland Cement Association PCA Precast/Prestressed Concrete Institute PCI Resource Conservation and Recovery Act RCRA

Steel Door Institute SDI Telecommunication Industry Association TIA Uniform Construction Code UCC Underwriters Laboratories UL United States Army Corps of Engineers USACE United States Coast Guard USCG United States Green Building Council USGBC Western Wood Products Association WWPA Western Wood Preservation Institute WWPI

SECTION II

CONTRACT TERMS AND CONDITIONS

1. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018)

ALT 1 (JAN 2017)

(a) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. The portion of the “hourly rate” attributable to profit shall be 10 percent.

(5)

(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to--

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor’s managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor’s obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g.,use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions.

(1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause—

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means—

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: NONE and

(E) Indirect costs specifically provided for in this clause.

(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payments

(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provided rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial item at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the--

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor—

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall—

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: Parts and Maintenance (Heating, Electrical, HVAC, Other Supplies).

(2) Indirect Costs (Material handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: $0.00.

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final…