JOC_Solicitation_Rev_1_10.01.2018.pdf
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- Attached to
- Job Ordering Contract Federal contract opportunity
- Solicitation number
- 15F06718R0000099
About this file
This document outlines requirements for a Job Order Contract to support construction, alteration and repair projects at Federal Bureau of Investigation facilities. Key details include awarding multiple indefinite delivery/indefinite quantity contracts for work ranging from $2,000 to $750,000 per task order. Pricing will be based on R.S. Means unit costs adjusted by contractors' coefficients and multipliers, with non-prepriced items negotiated. Work will be performed over a one year base period and four one-year options at locations in the Washington D.C. area, Quantico, Virginia, Clarksburg, West Virginia and Pocatello, Idaho. The solicitation is designated as 100% small business set-aside and will be issued under NAICS code 236220.
JOC Solicitation Rev 1 10.01.2018
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TABLE OF CONTENTS
Section B …………………………………………………………… 1
Section C …………………………………………………………… 7
Section D…………………………………………………………… 23
Section E…………………………………………………………… 24
Section F…………………………………………………………… 26
Section G…………………………………………………………… 31
Section H …………………………………………………………… 46
Section I…………………………………………………………… 65
Section J…………………………………………………………… 81
Section K…………………………………………………………… 82
Section L…………………………………………………………… 92
Section M…………………………………………………………… 105
SECTION B – SUPPLIES OR SERVICE AND PRICE/COST
Revised 10.01.2018
B.1 ITEM/DESCRIPTION
The purpose of this Job Order Contract (JOC) solicitation is to obtain construction, alteration or repair of buildings, structures, or other real property at various Government facilities in the following service areas: 1) the Greater Washington, DC Metropolitan area (District of Columbia, Northern Virginia and Maryland); 2) Quantico, Virginia; 3) Clarksburg West Virginia; and 4)
Pocatello, Idaho. Types of facilities include, but are not limited to, administrative, industrial, maintenance, warehouses, hangars, communications, personnel support, recreation, lodging, dormitory, training, ranges, and roads.
The Washington DC Metropolitan area currently includes approximately forty three (43) facilities the total number of and the locations of which are subject to change. Some of the services provided are in leased space and shall be subject to the provisions of the applicable lease and Occupancy Agreement. Projects may include, but are not limited to new work, additions, alterations, maintenance, and repairs of real property and will be accomplished by awarding multiple indefinite delivery/indefinite quantity (IDIQ) contracts at pre-determined unit prices and bid price coefficients, for a base period of one (1) year with four (4) one-year options, contingent upon the availability of funding.
The Government will issue one (1) individual IDIQ contract award for each of the four (4) service areas listed above in B.1. Jobs ordered under each award will be awarded as Task Order(s) (TO).
Each TO Request for Proposal shall include appropriate attachments such as, but not limited to, Statement of Need (SON), Statement of Work (SOW), drawing(s) for the Contractor to develop their proposal(s).
B.1.1 The contractor shall have the flexibility to submit proposals for, multiple or a single
Service Area. If the contractor chooses to propose on multiple Service Area the contractor shall submit individual proposals per Service Area. Contractor’s proposals will be individually evaluated for each Service Area.
B.2 SERVICES AND PRICES
The Contractor shall perform any and/or all functions specified in this contract in accordance with the scope of work provided within individual task orders issued. Pricing for this contract is based on the RSMEANS Construction Procurement Catalog© (“Unit Price Book” or “UPB”) which is accessed through Gordian’s Job Order Contracting Federal (“JOC Federal”) system.
Details about the UPB can be found in Attachment A, This UPB shall be the only method used for pre-priced costs.
B.2.1 PRICING
Pricing of each Pre-Priced Item in the Task Order is determined by applying
Revised 10.01.2018 the RSMEANS Construction Procurement Catalog (CPC) unit pricing (which includes O&P and the RSMEANS Location Factor adjustment), and the
Contractor’s Pre-Priced Item Coefficient factor (and Multipliers if applicable).
Non-pre-priced tasks will be negotiated using the method described herein and multiplied by the Contractor’s Non-Pre-Priced Items Coefficient factor (and
Multipliers if applicable). No additional coefficient factor, multiplier, burden or any other factor will be allowed under this contract. Note that any non-pre-priced item, if used more than three (3) times, will become pre-priced. The
Contractor and the CO will agree on a price to be used moving forward.
The Economic Price Adjustment will be accomplished through annual updates to the UPB provided by Gordian. The coefficient will remain the same through the life of the contract. No other economic price adjustments will be granted.
B.2.1.2 To obtain no-cost pre-bid access to the RSMEANS Construction
Procurement Catalog for coefficient development, and for pricing of specified software products and services, please contact
JOCFederal@gordian.com.
B.2.2 SERVICES AND PRICES TABLES
Offerors shall submit a proposal for the coefficients and multipliers for the base year, four (4) option years, and a six (6) month extension. The coefficients shall be offered as a numeric expression. Do not describe the coefficient as a percentage. Note that a coefficient of 1.000 means no adjustment to the
RSMEANS prices; a coefficient of 0.950 means a downward adjustment to
RSMEANS prices; and 1.150 means an upward adjustment to the RSMEANS prices.
Each work item where a unit price can be found in the RSMEANS Cost Data
Books is referred to as “pre-priced item”.
B.3 OFFERS
B.3.1. Each offeror submitting a proposal must submit two (2) coefficients and one
(1) multiplier for the Contract Line Item Number (CLIN) site listed in
Attachment B Microsoft Excel Spreadsheet entitled “Pricing Schedule”, one (1) coefficient for RSMEANS pre-priced items, one (1) coefficient for non pre-priced items, and one (1) multiplier. CLINs 001, 002, 003, 004 represent the individual Service Area. Contractors may propose on all or one
Service Areas. Only contractors proposing on CLIN 004 shall propose on
CLIN 005 and 006. Coefficients are offeror provided numeric factors that adjust unit prices see Section B.3.3 for detailed information.
Revised 10.01.2018
B.3.1.1 The Gordian’s JOC Federal system is incorporated by reference. The
Government will not provide the contractor with access to the
Gordian JOC Federal system. The Contractor is responsible for obtaining its own access and licenses that is compatible to the
Government system. The Gordian JOC Federal system contains pricing information for the description of work to be accomplished and for the unit of measure specified. The Gordian JOC Federal system is updated annually by Gordian. For the purpose of pricing work under this contract, the Gordian JOC Federal system, annual updates will become effective upon the exercise of each option year, should the Government choose to exercise the option period.
B.3.2. Any changes in the applicable prevailing Davis-Bacon minimum hourly rates of wages and fringe benefits during the entire term of the contract including any option years shall not affect the co-efficient to be paid by the Government for work performed under the contract. See Section J for the Davis-Bacon
Wages (www.dol.gov) applicable at the time of the solicitation. Offerors must maintain conformance with prevailing Davis-Bacon wages for the duration of the contract without notice from the FBI.
B.3.3 COEFFICIENTS
The Contractor’s coefficient is a numerical factor that represents all indirect costs of construction. The UPB shall be used by the Contractor to break down the work into individual work items. Details about the coefficient’s can be found in the Big Note, (Attachment A) which is also accessible through the Gordian JOC Federal system.
The coefficient shall be offered as a numeric expression. Do not describe the coefficient as a percentage. Note that a coefficient of 1.000 means no adjustment to the RSMEANS prices; a coefficient of 0.950 means a downward adjustment to RSMEANS prices; and 1.150 means an upward adjustment to the RSMEANS price.
Each work item where a unit price can be found in the RSMEANS Cost Data Books is referred to as “pre-priced item”.
The Coefficient must include all costs—other than direct labor, material, and equipment incurred in the performance of work—that cannot be charged to any specific work elements and which are not already included in the RSMEANS uni t pricing.
B.3.3.1 Coefficient for Non-Pre-priced Items of Work:
B.3.3.1.1 There shall be no Task Order Request for Proposals or award of
Revised 10.01.2018
Task Orders under the JOC Contract for work which contain only Non-Pre-Priced Items of Work. Non-Pre-Priced Items of work are exceptional and few, not exceeding three items of work in any given Task Order.
B.3.3.2 All work on Non-Priced Tasks shall not proceed without prior written approval of the Contracting Officer. The Government may require the provision of non-pre-priced item(s) for projected task orders. Non-pre-priced items are defined as construction materials, services, and work not listed by the RSMEANS CPC. The Government and Contractor will negotiate a fair and reasonable price to perform the non-pre-priced work. The Government will not consider an item as non-pre-priced if the materials or services are listed in the RSMEANS CPC or the non-pre-priced item has been established as a pre-priced item by prior modification. The Contracting Officer’s determination as to whether an item is a pre-priced task or a non-pre-priced item shall be final, binding and conclusive. The cost breakdown proposed shall follow the
RSMEANS Cost Tables Model for pre-priced items, as determined by the Contracting Officer or his/her representative, and shall be all inclusive.
For non-pre-priced items, the contractor shall provide verifiable documentation, at a minimum, the following for each component or task required:
• Item Description
• Direct Labor Hours
• Davis-Bacon wage rate for trade performing task
• Hourly fringe benefit rate for trade performing task
• Description of proposed material
• Number of units of material
• Cost per unit of material (direct bare costs only – submit quotation from three (3) suppliers)
• Description of proposed equipment
• Time for which equipment will be required
• Rental rate for equipment (direct/bare costs only)
• Profit and overhead for the installing subcontractor, if applicable
B.3.3.4 The contractor’s coefficients shall NOT include costs for professional design and engineering. No design work shall be authorized in this contract unless the line item is specified in the RSMEANS CPC and the design work is not part of other FBI A&E contracts. No design work shall proceed without the prior written approval of the C.O. or designated representative.
B.3.3.5 Task Order proposal preparation is not reimbursable. Government requests for proposals shall not constitute an award or commitment.
B.4 MODIFICATIONS
Modifications to a Task Order shall utilize the coefficients and the Gordian’s JOC Federal system cost data that the Task Order was issued under. Since the JOC Task Orders are anticipated to be of short duration, once a Task Order is issued there shall be no modifications issued for changes due to a new edition of the Gordian’s JOC Federal system cost data becoming effective. No modification work shall proceed without the prior written approval of the Contracting Officer or his/her representative.
B.5 MULTIPLIERS
The price for work performed during Other Than Regular Work Hours will be determined by multiplying the Coefficient by the applicable multiplier(s). The multipliers are fixed and will not be adjusted for the option years. Multipliers apply only to the Labor portion of the task item, installation cost of the assemblies and labor portion of the Non-Pre-Priced Items.
B.5.1 OTHER THAN REGULAR WORKING HOURS: Other than Regular working hours is defined as work occurring after 6:00PM and before 6:00AM. When work is required by the Government to be performed outside of regular work hours, the multiplier will apply to all on-site work. If only a portion of the work associated with a line item is required to be performed outside of regular work hours, a fair and reasonable apportionment of the line item will have the multiplier applied. The multiplier does not apply when the Contractor chooses to perform work outside of regular work hours, but the Government does not require it.
B.6 MINIMUM/MAXIMUM CONTRACT VALUE
The guaranteed minimum quantity of work which will be $2,000.00. The anticipated aggregate capacity for the individual contracts is shown in Table B.6.1 below. The government does not guarantee that it will place any orders under each contract in excess of the guaranteed minimum award amount.
Table B.6.1 Aggregate Values per Service Area
CLIN Value
0001 $29,000,000.00
0002 $5,000,000.00
0003 $5,000,000.00
0004 $29,000,000.00
B.7 MINIMUM/MAXIMUM TASK ORDER VALUE
The minimum order value for each Task Order issued shall not be less than the minimum order value of $2,000. The estimated maximum order value for each Task Order issued shall not exceed the maximum order value of $750,000.00.
If a potential Task Order is identified that exceeds the maximum order value of $750,000.00, and following the written approval of the Contracting Officer, the Contractor has the right to accept or reject the Task Order. If accepted by the Contractor the Task Order shall follow all terms and conditions establish in the contract.
B.8 CLIN Structure
CLIN 001 Quantico, VA
CLIN 002 Clarksburg, WV
CLIN 003 Pocatello, ID
CLIN 004 Washington, DC
CLIN 005 CLIN 004 Project Manager
SECTION C – DESCRIPTION/ SPECIFICATIONS/STATEMENT OF WORK
C.1 GENERAL DESCRIPTION AND REQUIREMENTS
C.1.1 This is a Firm-Fixed Price, Indefinite delivery Indefinite Quantity
(IDIQ) JOC contract for multi-trade maintenance, repair, alteration, and minor new construction at predetermined unit prices with price coefficients. Work under this contract shall be determined by individual
Firm-Fixed Price (FFP) Task Orders (TO) predicated on requirements stipulated in the respective TO Request for Proposal (RFP). Individual
TO’s could range between $2,000 and $750,000.
C.1.2 The Contractor shall include all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design, and all other associated costs necessary to fulfill the requirements of each TO. Preparation of contractor proposal and TOs performance shall require managing and coordinating numerous projects simultaneously. All cost associated with preparing proposals shall be the responsibility of the contractor.
The Contractor shall provide a key personnel roster with associated credentials and resumes to include a minimum of one (1) program manager, one (1) project manager, one (1) superintendent and one (1) safety officer per TO proposed. The safety officer may be the same person as the superintendent. The Contractor’s key personnel shall be capable of performing the types of work required and manage the
Contractor’s work force, integration with the Government representatives, and ensure successful accomplishment of the TO
C.1.3 The Contractor shall establish and maintain a complete Quality Control
Program (QCP) in accordance with FAR 52.246-12, “INSPECTION
OF CONSTRUCTION” clause. The contractor shall ensure the QCP is current. A specific QCP shall be provided for each job site to ensure successful performance for each TO.
C.1.4 The Contractor shall maintain accurate and complete records, files and documents in accordance with applicable requirements, including but not limited to state and local laws, ordinances, rules and regulations and manufacturers’ instructions and recommendations which are necessary and related to the work.
C.1.5 The Contractor shall prepare and submit required reports and maintain current record drawings (redlines) and submit required information/reports appropriately or as directed to the CO or the COR, other Government representative, or Government agency.
C.1.6 The Contractor shall maintain “As-built” record drawings during the progress of the job to serve as a record of all changes and corrections from the original layout on the drawings. Locations of all sub-surface utility lines shall be detailed on the record drawings. In order that all buried or hidden items may be determined in the future, the drawings shall show their location using offset dimensions to two permanent fixtures or landmarks. This marking method shall be used to locate the end of each run and all changes in direction. Valves, splice boxes, and similar appurtenances shall be located by dimensioning along the utility run from a known reference point. The average depth of the item shall be recorded. Final “As-Built” record drawings shall be submitted to the
CO and COR upon project completion in both hard copy and on CD
ROM. Failure to maintain record drawings may result in retention from progress payments, and notation on the performance evaluation of record. Shop drawings shall be submitted for projects (particularly fire alarms/sprinkler plans) with a “red marked” version to be submitted to
COR for final approval.
C.1.7 The Contractor shall provide materials lists to include trade names, brand names, model number, and ratings (if appropriate) for all materials necessary for a complete job. Material submittals shall be provided for all proposed materials in the form of cut sheets. No materials shall be installed without prior written approval of the CO or the COR. Any materials installed without prior approval shall be removed and replaced at no cost to the Government if they are deemed unacceptable. All O&M manuals and product warranty information shall be delivered to the COR electronically at the completion of each individual TO.
C.1.8 The Contractor shall follow the “Authority Having Jurisdiction” (AHJ) for fire alarm and sprinkler requirements when modifying existing spaces within a building.
C.1.9 The following documents shall be used in the preparation and execution of all work under this contract:
Unified Facilities Guide Specifications Divisions 01 through 48 found at the link listed below.
This contract will follow the current DOD Unified Facilities Guide
Specifications (UFGS) consisting of Divisions 01 through 48 of specifications in the Construction Specifications Institute’s (CSI)
Masterformat are incorporated by reference. The current UFGS can be found at the following website:
http://www.wbdg.org/ffc/dod/unified-facilities-guide-specifications-ufgs
The intent of these specifications is to furnish industrial and/or commercial standards for design, construction, alteration, maintenance and repair of Government facilities. Special requirements and/or edited specifications that are indicated in TO’s shall supersede any similar requirements noted in the reference guide or other specifications.
All work shall be inspected IAW the requirements of this contract, the
TO and applicable approved submittals. All work performed shall conform to the UFGS, standard industry work practices, and the provisions of this contract. Unless otherwise directed by the CO or the
COR all work shall be performed in accordance with the current
National Fire Protection Association (NFPA) codes and standards, International Building Code (IBC), International Plumbing Code (IPC) and International Mechanical Code (IMC). These Codes take precedence over all other direction that may be provided herein or with individual TO’s unless more stringent requirements are indicated in the
TO and subsequent TO whereby the more stringent requirements take precedence. Any conflicts between the COR and the contractor will be brought to the attention of the CO. The CO will make the final determination.
C.2 DEFINITIONS
Contractor: The term “Contractor” as used herein refers to both the Prime
Contractor and any Subcontractors. The Prime Contractor is solely responsible for ensuring all Subcontractors comply with all terms of this contract.
Contractor Representative: A supervisor, superintendent, or project manager assigned in accordance with the clause entitled “Superintendence by the
Contractor”.
Task Order: A document prepared by the Contracting Officer issued to the
Contractor for work to be performed. Task Orders may be amended.
Contracting Officer’s Representative (COR): Person(s) designated by the
Contracting Officer to be an authorized representative of the Government on this contract.
Contractor Regular Working Hours: For the purpose of the Multiplier in section B-2, regular working hours are Monday through Friday from 6:00am to 6:00pm, except for Federal Holidays. The multiplier will apply to all work outside those hours. The hours that the site is normally available, however, is limited to a 9-1/2 hour period between 7:00am and 4:30pm, or as indicated in the individual Task Orders. Established work hours may be modified on a case by case basis when approved by the Contracting Officer.
Government Employee Regular Working Hours: Monday through Friday from
6:00am to 6:00pm except Federal Holidays.
Quality Control: Program used by the Contractor to control the quality of goods and services provided.
Quality Assurance: Method used by the Government to assure quality of the end product through monitoring of the Contractor’s Quality Control Program.
Site: Unless identified otherwise, the term ‘site’ shall mean the actual work site for each project delivery order. The term ‘site’ shall not be construed to imply all or large segments of any installation served in this contract.
As Required/ As Permitted/ Approved/ Acceptance: where used in the contract, these terms shall be understood to indicate that the authorization/approval etc.
is by the Contracting Officer or their Authorized Representative.
C.3 SOFTWARE REQUIREMENT
C.3.1 The Gordian JOC Federal Procurement Catalog (“Unit Price Book” or
“UPB”) shall be utilized for all applicable pricing under this contract. It is a data set unique to contractual pricing management, and is distinct from
R.S. Mean’s commercial titles available in print and in other software products. The UPB for this contract shall be the only method used for pre-priced costs. The contractor shall use the Gordian JOC Federal to prepare and develop proposals and manage TOs.
C.4 TASK ORDER REQUEST ORDERING
C.4.1 When requirements are first identified, the COR will notify the contractor of an existing requirement. The information provided may vary from a basic concept or Rough Order of Magnitude (ROM) all the way to fully developed facility or project plan and specifications.
Upon receipt of the notification, the Contractor shall respond to the TO within forty eight (48) hours by:
Arranging a Joint Scoping Review (JSR) meeting/site visit for the proposed work with the COR; or depending on the requirement.
Individual TO request will identify if a specific TO do not require a JSR.
Establishing verbal contact with the COR to further define the scope of the requirement
C.4.2 The JSR shall enable the Contractor and any sub-contractors to detail the project based on the TO’s written requirements, existing and general conditions observed at the site and through detailed discussion with the
Governments authorized representatives. Any deficiencies, omissions, or conflicts that are identified during the site visit shall immediately be brought to the attention of the COR; in writing, for resolution prior to submission of the Contractor’s proposal. The Contractor may submit written recommendations for changes, deviations or value engineering alternatives to the Governments original TO that will provide better quality, maintainability, constructability, operability, or price to the
Government. The recommended changes to the scope shall be in the form of a narrative description, with drawings or sketches, and shall reference the technical specification requirements.
Upon establishment of the final scope of the individual TOs, the contractor shall then prepare their proposal.
The Contractor shall submit a comprehensive proposal for the COR’s review within two (2) calendar days after the JSR. The two (2) calendar day response requirement may be modified as agreed upon by both parties.
C.5 PROPOSAL REQUEST PROCESS
C.5.1 The Contractor’s developed proposal shall include support documentation to indicate that adequate engineering and planning for the requirement has been accomplished and that the tasks proposed are reasonable for the work to be performed. The Contractor shall include any Government architecture and engineering documents that were provided with the TO. Documentation to be submitted with the proposal shall include, but is not limited to, a detailed unit price estimate arranged in order according to the CSI format, Contractor prepared drawings, calculations, catalog cuts, specifications, and architectural renderings; a preliminary schedule indicating mobilization, submittals, material lead times, quality control, phasing, etc. The Government may duplicate, use, and disclose in any manner and for any purpose such documentation delivered under this contract.
C.5.2 For pre-priced tasks the Contractor shall identify the task (line and sub-line) and quantities required from the Gordian’s JOC Federal system.
The total cost (including the installing Contractor’s Overhead and
Profit) unit price set forth in the RSMEANS Cost Data books shall serve as the base price for the purpose of the operation of this provision.
C.5.3 The Gordian JOC Federal system is incorporated by reference. The contractors are responsible for obtaining their own licenses and training for the Gordian JOC Federal System.
C.5.4 The Gordian JOC Federal system provides pricing information for the description of work to be accomplished, for the unit of measure specified, Sales Tax, Location Factor, Awarded Coefficients. The
Gordian JOC Federal system is updated by The Gordian Group, annually. For the purposes of pricing work under this contract, annual update will become effective upon the exercise of each option year, should the Government choose to exercise the option period.
C.5.5 The Gordian JOC Federal system includes the location factor to be utilized for each Ordering Office listed below:
Ordering Office Location Factor City from RSMEANS
JEH FBI Building Washington, DC
*Quantico
Buildings
Fairfax, VA*
CJIS Facilities Clarksburg, WV
Pocatello Facilities Pocatello, Idaho
*NOTICE: The Government has determined that the Contractor shall utilize
Fairfax, as the Location Factor City from RSMEANS, for the Quantico location
(CLIN 001).
C.5.6 If the Gordian JOC Federal system line item price (including tax and
Location Factor adjustment) is significantly lower than the actual cost of an item due to extreme market volatility, the Contractor is permitted to submit a request to the CO for conversion of the item to a non-pre-priced item. The Contractor shall provide a minimum of three (3) direct subcontractor or material quotes for conversion of the item to a non-pre-priced item. An item is considered significantly lower if the actual price is at least 25% more than the Gordian JOC Federal system price
(including tax and Location Factor Adjustment). The CO may convert items to non-pre-priced where the price difference is less than 25% on a case by case basis depending on the circumstances and quantities involved.
C.5.7 If Gordian JOC Federal system line item price (including tax and
Location Factor adjustment) is significantly higher than the actual cost of an item due to extreme market volatility, the CO or their designated representative is permitted to require the Contractor provide a minimum of three (3) direct subcontractor or material quotes for conversion of the item to a non-pre-priced item. An item is considered significantly higher if the actual price is at least 25% less than the Gordian JOC
Federal system price (including tax and Location Factor Adjustment).
The CO may convert such items to non-pre-priced where the price difference is less than 25% and the associated cost is more than
$15,000.00 on a single delivery order on a case-by-case basis depending on the circumstances and quantities involved.
C.5.8 Non-pre-priced tasks, if any, shall be separately identified in the proposal. The Contractor shall submit the information in support of non-pre-priced tasks as identified in Section B.3.3 including a total extended price. The price offered in the proposal shall be determined by multiplying the total extended price by Contractor’s non-pre-priced coefficient adjustment factor.
Upon receipt and review of the information by the CO and COR, a price coordination meeting may be initiated with the Contractor to resolve any discrepancies. Upon satisfactory review by the CO, the non-pre-priced items may be accepted for the negotiated price. No work shall proceed without the CO prior written approval.
C.5.9 After a non-pre-priced item is used on three separate TO’s, the unit price for such items will be established, following approval by the CO, and fixed as a permanent pre-priced item that will no longer require price justification.
C.5.10 Proposals for modifications shall be priced the same way as the work on the TO using the formats and coefficients established in the contract. In the event that a modification is necessary, the basis for pricing shall be the same as submitted under the original proposal.
C.5.11 Contractor’s proposal shall be submitted by the date indicated on the
TO’s RFP for Proposal. The time allowed for preparation of the
Contractor’s proposal will depend on the complexity and urgency of the
TO. On complex TOs, such as projects requiring approvals and permits, allowance will be made to provide adequate time for preparation and submittal of the necessary documents with the proposal. In emergency situations and when urgent maintenance and repair TOs require immediate completion, the proposal may be required quickly and the due date will be so indicated on the RFP.
C.6 GOVERNMENT REVIEW OF THE PROPOSAL
C.6.1 Upon receipt of the Contractor’s proposal, the Government will review the proposal for completeness and reasonableness. If necessary, the CO or the COR will arrange with the Contractor to discuss the scope of all pre-priced items and to agree upon all non-pre-priced items and performance times. Upon completion of negotiations, the Contractor shall submit a "clean copy" of their proposal reflecting agreed upon line items, time frames, and the final scope. Non pre-priced items must be approved by the CO.
C.6.2 The CO and/or COR reserves the right to reject a proposal for any reason, including, but not limited to: the quantities or tasks selected by the Contractor, schedule, inadequate documentation, or unacceptable pricing for non-pre-priced work. The CO and/or COR also has the right to not issue a TO if it is determined to be in the best interests of the
Government or the proposed cost significantly exceeds the Government estimate or budget. The Contractor has no claim to recoup proposal expenses. The Government may pursue the performance of such work by other means.
C.6.3 The CO will issue a FFP TO award for the work. The cost agreed upon and documented in the final proposal will be fixed. The COR will furnish the project signed package to the Contractor. The cost in the final proposal will be fixed. Upward or downward adjustments will not be made due to quantity or other estimating errors. (C.6.3)
C.6.4 Adjustments to the fixed price of the TO scope of work will be considered if the contract clause entitled “Differing Site Conditions”, FAR 52.236-2 (APR 1984), applies, or if unforeseen conditions are discovered that were not predictable prior to pricing the work.
C.7 ISSUANCE OF A TASK ORDER
C.7.1 TOs will be issued by the CO using a TO Award Letter. Each TO
Award Letter will include the following information:
• Date of the TO
• Contract number and TO number
• Scope of work and total price
• TO price, delivery and performance date
• Start and completion dates
• Modification number, if applicable
• Accounting and appropriation data
• Any other pertinent data
Upon acceptance by the Contractor of the Task Order Award Letter, the
CO will issue a corresponding Notice to Proceed (NTP) Letter. No work shall proceed without the CO’s signature on the Definitive TO Award
Letter.
TOs will be fixed priced with specific completion dates and shall clearly define the specific services to be performed or the performance desired.
Each TO may include additional requirements beyond those already included or referenced in the basic contract.
Formal Modifications to the Contract will be issued as necessary only by the Contracting Officer and will be amended on Form SF-30.
C.7.2 In the event the Government and Contractor fail to agree (in whole or in part), on the Gordian JOC Federal line item quantities, or non-pre-priced items, a TO may be issued unilaterally. The Contractor shall then proceed with the work. During or after performance, the Contractor may seek resolution in accordance with the FAR 52.233-1 “DISPUTES”
(May 2014).
C.7.3 Emergency TOs: An emergency TO is defined as a requirement that involves the risk of life or limb and or extreme financial loss to the
Government. Emergency TOs will be entitled “Emergency Job Order
Request”. The Contractor shall respond to emergency TOs within the time frame listed below:
Ordering Office Emergency Response Time
Washington, DC 2 hours
*Quantico
Buildings
2 hours
CJIS Facilities 2 hours
Pocatello 3 Hours
The Contractor may be provided an immediate verbal Notice to Proceed
(NTP) by the CO without the formal issuance of an emergency TO. Work directed under verbal orders is restricted to reduce the immediate safety risk, dangerous situation, or other emergency situation.
Only the CO can issue an emergency TO verbal NTP without a signed award letter.
Most TOs will be definitive (a defined price based on predetermined tasks and quantities). However, under emergency conditions, or when otherwise appropriate, the CO may issue a non-definitive (lacking definitive tasks or quantities) TO which directs the Contractor upon issuance of the order to proceed with work immediately. These unilateral orders will specify the work as non-definitive and a verbal NTP will contain a maximum not to exceed (NTE) dollar amount, against which the
Contractor can submit invoices, during contract performance. The final price will be determined through negotiations between the CO and COR and the Contractor to identify pre-priced and non pre-priced tasks.
Within 2 days from the notice to proceed of the Emergency TO, the COR will conduct a joint scoping meeting with the Contractor as per Section
C.4 to further identify the work and establish TO requirements. Following
Government acceptance of the detailed scope of work, the Contractor shall prepare and submit a proposal.
The Government will review the Contractor’s proposal as per Section
C.6. Upon completion of negotiations, the Contracting Officer or their designated representative will issue a Modification to the TO to incorporate the detailed scope of work, other TO requirements, and the final TO price. Failure to reach an agreement on the final price will be settled in accordance with FAR 52.233-1 “DISPUTES” (JUL
2002), ALTERNATE I (DEC 1991) Clause in Section I
C.7.4 Verbal Orders: Only the Contracting Officer may issue verbal orders in emergency circumstances. Verbal orders will be confirmed by issuance of a written delivery order within two (2) work-days after the verbal order is placed.
C.7.5 Modifications to task orders: Task orders may be modified by agreement between the Contracting Officer or their designated representative and the contractor.
C.7.6 Order of conflicting TO documents: In the event of any inconsistency in the written direction provided to the Contractor in the contract documents, the order of precedence will follow FAR 52.236-21
“Specifications and Drawings for Construction”.
C.7.7 The Contractor shall complete all work by the required completion date specified in the TO. Where unforeseen conditions cause delays, the completion date may be extended only as negotiated and incorporated via modification issued by the CO. Upon TO completion and
Government acceptance of the work, the Contractor shall complete a final release and submit it with a request for final payment.
C.7.8 Time Extensions shall be addressed following FAR Clause 52.211-13
(SEPT 2000) “TIME EXTENSION”. In addition, notwithstanding any other provisions of this contract, it is mutually understood that the time extensions for changes in the work will depend on the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The TO modification granting the time extension may provide that the contract completion date will be extended for only those specific elements so delayed and that the remaining contract completion dates for all other portions of the work will not be altered and may further provide for an equitable readjustment of liquidated damages under the new completion schedule.
C.7.9 Liquidated Damages: The Government may include liquidated damages on individual TO’s as determined necessary by the CO in accordance with FAR 52.211-12. If the Contractor fails to complete work within the time specified in the TO, the Contractor shall pay liquidated damages to the Government for each calendar day of delay until the work is completed.
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 re-purchase under the Termination Clause.
If the Government does not terminate the Contractor’s right to proceed, the resulting damages will consist of liquidated damages until the work is completed and accepted.
C.7.10 Omissions from the drawings or miss-descriptions of details of work which are manifestly necessary to carry out the intent of the drawings and specifications or which are customarily performed, shall not relieve the contractor from performing such omitted or miss-details of the work, but they shall be performed as if fully and correctly set forth and described in the drawings and specifications.
C.8 PRE-CONSTRUCTION CONFERENCE AND PERFORMANCE OF
WORK
C.8.1 Prior to commencing work under a TO (unless otherwise determined unnecessary by the COR in a written determination), a pre-construction conference shall be held. Within, but not to exceed, seven (7) calendar days after TO issuance, the Contractor shall schedule a Pre-construction
Conference with the COR to be held within fifteen (15) calendar days of
TO issuance unless directed otherwise by the COR. The Pre-construction Conference may address specific work requirements and restrictions, safety requirements, quality control requirements, project team personnel assignments, security requirements, scheduling, and any other pertinent information regarding the work.
C.8.2 Before any of the work is initiated under an individual TO, when applicable the Government may provide architectural and design drawings to the Contractor. The Contractor shall furnish all shop drawings and submittals necessary for completion of that portion of work including personnel rosters. The Contractor shall validate all shop drawings and ensure associated submittals for the SOW are received by the COR.
The Contractor shall confer with the CO or the COR and agree on sequence of procedure; means of access to premises and building; space for storage of materials and equipment; delivery of materials and use of approaches; use of corridors, stairways, elevators, means of communications, the location of partitions, and rest rooms for
Contractor’s employees.
C.8.3 The work shall be executed in a manner and at such times that will cause the least practicable disturbance to the occupants of the buildings and normal activities of the Government. Furniture and portable office equipment in the immediate area will be moved by the Contractor and replaced to its original position.
If the work required by the TO will not allow furniture and portable office equipment to be replaced to its original position, new locations will be designated by the COR for replacement by the Contractor. If the situation does not allow for the moving of office equipment and/or furniture the
Contractor is required to cover and/or protect as necessary and at their own expense.
Delivery of materials and equipment shall be made with a minimum of interference to Government operations and personnel.
C.8.4 The work shall, so far as practicable, be accomplished in definite sections or divisions and confined to limited areas, which shall be completed before work in other sections, or divisions begins.
C.8.5 The Contractor shall submit TO pre-construction submittals within the specified times following issuance of the TO, unless otherwise directed by the CO.
Pre-Construction Submittals Deliverable Date
Projects $2,000-$250,000:
Construction Schedule Within 7 days
Site Specific Activity Hazard Analysis Plan Within 7 days
Material/Product Catalog Cut Sheets Within 7 days
Projects under $250,000-$500,000:
Construction Schedule Within 14 days
Site Specific Activity Hazard Analysis Plan Within 14 days
Material/Product Catalog Cut Sheets Within 14 days
Projects over $500,000:
Construction Schedule Within 21 days
Site Specific Activity Hazard Analysis Plan Within 21 days
Material/Product Catalog Cut Sheets Within 21 days
C.8.6 Materials and equipment may not be stored at the job site lay down area after work hours unless approved in advance by the COR. The availability of job site lay down areas is dependent upon TO size and location of the work. Job site lay down availability will be identified during the JSR.
C.8.7 The Contractor is required to provide telephone, fax and email access that is manned during normal working hours. Availability of space for an on-site field office cannot be guaranteed at each Ordering Office location. The Contractor shall also provide a 24 hours a day 7 days a week emergency contact phone numbers where Contractor representatives can be contacted by the Government for the ordering of work, or for active job-site related issues. At least one (1) of the emergency contacts shall be designated to authorized, negotiate, and obligate the Contractor to perform additional work.
C.9 CONTRACTOR PERSONNEL
All contractor personnel positions listed in section C.9.1 are required for each
IDIQ contract and shall be required for each TO issued. These positions will not be considered full time positions and shall be included in the co-efficient.
C.9.1 PERSONNEL POSITIONS
C.9.1.1 Program Manager:
Shall have a minimum of fifteen (15) years of construction related services and either superintendence or senior construction management experience and possess a program management certification from an accredited source with a program as rigorous as Program Management
Institute (PMI). The PMI programs require at least 2,500 contact hours prior to receiving the Program Manager certifications plus the extensive courses of study. The Program Manager for the Job Order Contract shall have positive past performance overseeing multiple projects of varying complexity with successful completion of those projects on time and within budget. The PM shall have the ability to commit the
Contractor, respond to all the various types of service support for the
JOC and not delay proposal responses to the Government. The
Program Manager shall coordinate all Contractor personnel and Tasks and facilitate any required conflict resolution measures.
C.9.1.2 Project Manager:
The PM shall have minimum of eight (8) years’ experience in job order contract type tasks, handle multiple job orders at the same time, maintain cost, schedule and risk levels in accordance with industry and
Governmental standards. The PM shall have some project management training with completion certifications to handle projects in the value of
$5,000-$1.5 million and be ready to stand in for the Program Manager for short periods of time not to exceed two (2) weeks.
The Project Manager (PM) shall respond to a standard JOR within forty-eight (48) hours and within two (2) hours for an emergency JOR.
C.9.1.3 Superintendent:
Superintendent shall have minimum of fifteen (15) years’ experience in job order contract type tasks, handle multiple job orders at the same time, maintain cost, schedule and risk levels in accordance with industry and Governmental standards. The Superintendent shall be experienced in multi-skill trade integration for project completion and communicate project status to the PM and the Government. The
Superintendent shall have some project management training with completion certifications to handle projects in the value of $5000-
$1.5M and be ready to stand in for the Project Manager for short periods of time not to exceed two (2) weeks.
C.9.1.4 Safety Officer (SO):
The SO is responsible for the daily inspection of the jobsite to identify key issues that may affect the safety of the contractors and Government employees. These duties are to include drafting of a safety plan for the project, daily meetings prior to work beginning (“tool box” meetings), unscheduled inspections of the job site to ensure safety standards are being followed, and review of daily logs documenting compliance with
OSHA and other governing laws and regulations. The Safety Officer must have a minimum 5 years of experience in safety inspection on construction projects like this contract or similar in size and complexity.
The Safety Officer may be the same person as the Superintendent, must have OSHA certification and meet all the requirements of the Safety
Officer.
C.9.2 CLIN 04 Full-Time Positions
Only CLIN 004 will require one (1) full-time positions as identified below in C.9.2.1
The Contractor shall have a dedicated full-time Project Manager on site during core business hours.
C.9.2.1 Project Manager:
The PM shall have minimum of eight (8) years’ experience in job order contract type tasks, handle multiple job orders at the same time, maintain cost, schedule and risk levels in accordance with industry and
Governmental standards. The PM shall have some project management training with completion certifications to handle projects in the value of
$5,000-$1.5 million and be ready to stand in for the Program Manager for short periods of time not to exceed two (2) weeks.
C.10 SECURITY REQUIREMENT
All key personnel must have a Top Secret clearance unless otherwise designated in the task order SOW. Reference Section H and the Task Order SOW for specific clearance requirements.
C.11 ACCIDENT PROTECTION PLAN
The Contractor shall submit a General Accident Prevention Plan within fifteen
(15) calendar days after award of the contract. A project specific plan shall be provided by the Contractor for each TO and shall be provided to the COR within the time frame table in Section C.8.5 for Site Specific Activity Hazard
Analysis Plan.
Accident prevention plan shall also be part of the Contractor’s QCP, work safety plan, and risk mitigation plan to ensure services and work is conducted in a consistent and safe manner. If available, the Contractor shall provide the requested plans with the proposal on TO.
C.12 ENVIRONMENTAL PROTECT PLAN
The Contractor shall submit a General Environmental Protection Plan as required per service area. Amendments to augment the Environmental
Protection Plan to adequately address environmental issues is applicable to specific TO’s may also be required.
C.13 PARTNERING
To most effectively accomplish this contract, the Government requests the formation of a cohesive partnership with the Contractor and its subcontractors.
The partnership will draw on the strength of each organization in an effort to achieve a quality project done right the first time, within the budget, on schedule, and without any safety mishaps. Formal partnering sessions are recommended to foster this partnership with the Government, as well as with each individual Ordering Office.
C.14 DAVIS BACON WAGE DETERMINATIONS
The Contractor shall pay the prevailing wage rates in the locations work is actually performed. Wage determinations for the District of Columbia and portions of Maryland and Virginia, Virginia (Stafford County) Clarksburg
(Harrison County) West Virginia, and Pocatello, Idaho (Bannock County) are governed by the Davis Bacon Act wage determinations. The Wage Determination is updated annually at option renewal, and are available at the DOL website
(www.dol.gov). For any work site not covered by one of the wage determinations included, the CO shall incorporate the applicable Davis-Bacon Act wage determination(s) into each individual TO upon award. Any questions regarding the applicable wage determinations shall be directed to the CO.
No adjustments to the co-efficient will be made as a result of the incorporation of a new or revised wage determination at the exercise of an option.
http://www.dol.gov/
SECTION D – PACKAGING AND MARKETING
D.1 PACKAGING AND DELIVERY
Any reports or other products to be furnished hereunder shall be adequately packaged, marked, and packed to ensure safe delivery at destination. All products must be clearly marked to identify the contents, the sender, and the individual/office to which being sent.
All submittals shall be sent to the address designated by the FBI.
SECTION E – INSPECTION AND ACCEPTANCE
E.1 FAR CLAUSE 52.246-12 INSPECTION OF CONSTRUCTION--FIXED-PRICE.
(AUG 1996)
E.2 INSPECTION AND ACCEPTANCE
(a) Inspection of reports shall be conducted at destination by the Contracting Officers
Representative (COR) or their authorized designee. Inspection shall consist of an examination of the report for (1) compliance with the specifications or Statement of
Work, (2) thoroughness with respect to content, and (3) quality with respect to generally acceptable professional standards
(b) The COR shall provide the contractor his written comments and recommendations on the content and quality of each progress report within thirty (30) calendar days after receipt deliverable item. A copy of the COR’s comments shall be concurrently furnished to the Contracting Officer designated in the clause entitled “Contract
Administration” in Section G.
(c) The COR shall provide the Contractor written comments and recommendations on the content of the preliminary draft copy of the Final Report within thirty (30) calendar days after the receipt of that deliverable item. A copy of the COR’s comments shall be concurrently furnished to the Contracting Officer designated in the clause entitled “Contract Administrator” in Section G.
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