1605AE-24-R-00003 _ Reno and Remediation at Gulfport Magnolia Hall _ FINAL 03152024.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION CALL

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

US Department of Labor

Job Corps Acquisition Services

200 Constitution Ave, NW N-4643

JCAS

Washington DC 20210

Send via email to:

Emily Giardino at giardino.emily.m@dol.gov and Barbara Eschels at eschels.barbara.a@dol.gov

Barbara Eschels 202-693-4387

1x 03/15/2024

1605AE-24-R-00003

INVITATION FOR BID

REQUEST FOR PROPOSAL

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Project 4178, Design-Build Renovation & Mold Remediation of Magnolia Hall, Building

10 at the Gulfport Job Corps Center

The work includes, but is not limited to, design-build construction for mold remediation, interior demolition and renovations, HVAC system, electrical, plumbing, and fire alarm system upgrades and window replacement. The work will also include coordination with the Job Corps Data Center (JCDC) for security, data, and communication upgrades.

Location of work:

Gulfport Job Corps Center

3300 20th St

Gulfport, MS 39501

In accordance with FAR 19.8, this requirement is being procured as an 8(a)

Competitive Set-Aside.

The NAICS for this requirement is 236220, Commercial and Institutional Building

Construction, with a small business size standard of $45 Million.

11. The Contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 584 calendar days and complete it within ________________ ________________ calendar days after receiving

02:00 P.M.

FAR 52.211-10

04/25/2024

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

1631-OJC-24-CDC-0052

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

US Department of Labor Job Corps Acquisition Services

200 Constitution Ave, NW N-4643

JCAS

Washington DC 20210

Emily M. Giardino

28. NEGOTIATED AGREEMENT 29. AWARD

and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

and return

(Contractor is not required to sign this document.) Your offer on this

Table of Contents

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTRATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

PART III-LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

PART IV-REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

OR RESPONDENTS

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M – EVALUATION FACTORS FOR AWARD

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 OVERVIEW OF JOB CORPS.

Job Corps is a no-cost educa�on and voca�onal training program administered by the U.S.

Department of Labor that helps young people ages 16 through 24 improve the quality of their lives through voca�onal and academic training. Funded by Congress, the Job Corps has been training young adults for meaningful careers since 1964. The Job Corps is commited to offering all students a safe, drug-free environment where they can take advantage of the resources provided. Through a na�onwide network of campuses, the Job Corps offers a comprehensive array of career development services to young women and men, ages 16 to 24, to prepare them for successful careers. The Job Corps employs a holis�c career development training approach which integrates the teaching of academic, voca�onal, employability skills and social competencies through a combina�on of classroom, prac�cal and book-based learning experiences to prepare youth for stable, long-term, high-paying jobs. The Job Corps is currently authorized by the Workforce Innova�on and Opportunity Act (WIOA) of 2014.

This requirement is for the Renova�on & Remedia�on of Magnolia Hall at the Gulfport Job Corps Center.

B.2 BRIEF DESCRIPTION OF SERVICES

The contractor shall complete all work outlined in the Statement of Work for the interior renova�ons and water & mold remedia�on of Magnolia Hall, Building 10, at the Gulfport Job Corp Center.

The work includes, but is not limited to, design-build construc�on services for mold remedia�on, interior demoli�on and renova�ons, HVAC system, electrical, plumbing, fire alarm system upgrades and window replacement. The work will also include coordina�on with the Job Corps Data Center (JCDC) for security, data and communica�on upgrades.

B.3 CONTRACT LINE ITEMS

CLIN Descrip�on Quan�ty Unit Price

0001 Design/Build Construc�on Services for Magnolia Hall Project 1 JOB $

0002 Payment & performance bonds1 1 LS $

TOTAL PRICE ALL CLINS $

1 These items are cost reimbursable items and will be reimbursed on a dollar per dollar basis (actual expenses) upon receipt of bonds and proof of payment to the surety.

B.4 PRICING

As a firm-fixed price contract, the price shall include all labor, materials, equipment and services necessary to accomplish the construc�on required by the contract, including applicable customs du�es, transporta�on to the site, storage, premiums for insurance and bonds required by the solicita�on documents and/or the contract documents, permits, license and inspec�on fees, taxes, profit, overhead and all other items called for by the contract or otherwise necessary for performance of the contract. The contract price may be adjusted only by a writen contract modifica�on signed by the Contrac�ng Officer (CO).

The contractor shall complete all work, including furnishing all labor, material, equipment, and services as called for and required by the terms and condi�ons of this contract document and all atachments hereto. The maximum �me allowable for performance has been iden�fied in Sec�on/Paragraph F.1, FAR clause 52.211-10, Commencement, Prosecu�on and Comple�on of Work.

B.5 TYPE OF CONTRACT

The resul�ng contract will include Contract Line-Item Numbers (CLINs) that are Firm Fixed-Price, except for Bonds Reimbursement costs. No addi�onal sums will be payable on account of any escala�on in the cost of materials, equipment, services, or labor, or because of the contractor’s failure to properly es�mate or accurately predict the cost or difficulty of achieving the results required by this contract. Changes in the contract price or �me to complete will be made only due to changes made by the Government in the work to be performed, or by delays caused by the Government.

B.6 COST OF MATERIALS/EQUIPMENT

The cost of any materials or equipment required in conjunc�on with the services rendered herein shall be included in the proposed firm fixed price.

B.7 DELIVERABLE – RELEASABLE COPIES – FREEDOM OF INFORMATION ACT

The Freedom of Informa�on Act (FOIA) permits withholding informa�on under several exemp�ons, including Exemp�on 4 which protects "trade secrets and commercial or financial informa�on obtained from a person [that is] privileged or confiden�al," 5 U.S.C. 552(b) (4).

Within five business days of contract award, the contractor shall provide a statement that the contract is available for full disclosure under the FOIA or provide a scanned PDF of the redacted copy of the contract iden�fying the specific po�ons the contractor believes are covered by the par�cular exemp�on requested. Any redac�ons must be fully supported under the FOIA. In the event the Government no�fies the contractor that it does not agree with a proposed redac�on, the contractor shall have five business days to submit addi�onal informa�on to support the requested redac�on. For subcontracts, within 5 business days of the contractor's award of any subcontract over $500,000 the contractor shall provide the Government a scanned PDF copy of the subcontract with a statement that the copy is either available for full disclosure, or iden�fying the specific por�ons believed to be covered by the par�cular exemp�on requested.

Redac�ons should be limited to those protec�ons provided under the FOIA. Following the procedures above, the Government has the right to no�fy the contractor of any disagreement with proposed redac�on or exemp�on requests.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SUMMARY OF WORK

The contractor shall complete all work outlined in the Statement of Work for the interior renova�ons and water & mold remedia�on of Magnolia Hall, Building 10, at the Gulfport Job Corp Center.

The work includes, but is not limited to, design-build construc�on services for mold remedia�on, interior demoli�on and renova�ons, HVAC system, electrical, plumbing, fire alarm system upgrades and window replacement. The work will also include coordina�on with the Job Corps Data Center (JCDC) for security, data and communica�on upgrades.

The Scope of Work is available at Sec�on J, Atachment 1.

SECTION D – PACKAGING AND MARKING

[THERE ARE NO CLAUSES IN THIS SECTION]

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses per�nent to this sec�on are hereby incorporated by reference (by Cita�on Number, Title, and Date) in accordance with the clause at FAR 52.252-2 “Clauses Incorporated By Reference” in Sec�on I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FAR 52.246-12 Inspec�on of Construc�on AUG 1996

E.2 SUBSTANTIAL COMPLETION

Defini�ons.

E.2.1. Substantial Completion means the stage in the progress of the work as determined and cer�fied by the Contrac�ng Officer (CO) or Contrac�ng Officer’s Representa�ve (COR) in wri�ng to the Contractor, on which the work or a por�on thereof designated by the Government is sufficiently complete and sa�sfactory, in accordance with the requirements of the contract documents, that it may be occupied or u�lized for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installa�ons remain to be completed or corrected which (1) do not interfere with the intended occupancy or u�liza�on of the work and (2) can be completed or corrected within the �me period required for final comple�on.

E.2.2 Date of Substantial Completion means the date determined by the Contrac�ng Officer (CO) or Contrac�ng Officer’s Representa�ve (COR) of which substan�al comple�on of the work has been achieved. This date shall be con�ngent on the Contractor comple�ng certain general construc�on work.

Substan�al Comple�on is further dependent upon the Contractor providing all required training on opera�ons and maintenance to the designated Center personnel. Unless indicated otherwise, the Date of Substan�al Comple�on, as acknowledged by the Government, is also the commencement date of all warran�es and guarantees required by the contract documents.

When the Contractor feels that the work is substan�ally complete, they shall no�fy the CO and the COR reques�ng a substan�al comple�on walk thru inspec�on. Atached to the request must be a list of items to be corrected/completed (punch list). An inspec�on of the work shall be conducted by the Department of Labor (DOL) or its designated representa�ve to review the punch list and verify its accuracy; should the Contractor’s punch list prove to be inaccurate or incomplete, Contractor shall provide revised punch list. At the �me of the inspec�on, the Contractor shall be required to submit to DOL or its designated representa�ve all inspec�on reports, test results, opera�on and maintenance manuals, keys, and keying schedules for the substan�ally complete work. This informa�on will then be turned over to the Center Operator.

Upon the successful comple�on of the inspec�on, the CO shall provide Cer�fica�on of Substan�al Comple�on.

Not un�l the date and Cer�ficate of Substan�al Comple�on have been fully acknowledged, by the Department of Labor’s CO and COR, will the Contractor be relieved of the responsibility for the security and maintenance of the work, except for punch list items. Following acknowledgment by the Department of Labor, the Contractor shall provide any required addi�onal training to designated Center Personnel and shall also complete the punch list items in accordance with the Schedule iden�fied in the Cer�ficate of Substan�al Comple�on. Failure to complete the punch list items within the schedule may be a breach of contract and will be subject to the sanc�on of the contract.

E.3 USE OF EQUIPMENT BY THE GOVERNMENT

E.3.1 Right to use: The Government may take over and operate, with Government employees, such equipment as necessary for hea�ng or cooling such areas of the building that require the service, and other equipment such as elevators, electrical, plumbing, and mechanical systems as soon as the installa�on is sufficiently complete to permit opera�on.

E.3.2 Pursuant to FAR clause 52.236-11, Use and Possession Prior to Comple�on, the Government will advise the Contractor in wri�ng of the Government’s intent to the use of the equipment prior to substan�al comple�on, which items of equipment will be taken over and operated, in addi�on to the date and �me such opera�on shall begin.

E.3.3 Effect on warran�es: Government opera�on of equipment will not relieve the Contractor of warranty or correc�on obliga�ons elsewhere provided for in this contract. The applicable warranty period, elsewhere provided for in this contract, for each piece of equipment shall be in accordance with the applicable provisions of this contract.

E.4 FINAL COMPLETION AND ACCEPTANCE

E.4.1 Defini�ons.

E.4.1.1 Final Completion and Acceptance means the stage in the progress of the work as determined and cer�fied by the CO or COR, in wri�ng to the Contractor, on which work required under the contract has been completed in an acceptable manner in accordance with the contract requirements, subject to the discovery of latent defects a�er final comple�on and except for items specifically excluded in the no�ce of final acceptance. The contractor shall reference Sec�on G.13 en�tled Final Comple�on/Closeout for documenta�on required prior to final acceptance.

E.4.1.2 Date of Final Completion and Acceptance means the date determined by the CO as of which final comple�on of the work has been achieved, as indicated by writen no�ce to the Contractor. Documenta�on indica�ng Final Acceptance has been achieved will be issued upon sa�sfactory review of the Final Comple�on/Closeout package required in Sec�on G.13.

E.5 INSPECTION AND ACCEPTANCE

(a) The CO or the CO's duly authorized representa�ve will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspec�on and acceptance will be performed at:

Gulfport Job Corps Center 3300 20th St Gulfport, MS 39501

U.S. Department of Labor Office of Job Corps 200 Cons�tu�on Avenue, NW Washington, DC 20210

The Government shall perform inspec�ons and tests, as may be applicable, in a manner that does not unduly delay the work.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses per�nent to this sec�on are hereby incorporated by reference (by Cita�on Number, Title, and Date) in accordance with the clause at FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE” in Sec�on I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FAR 52.211-13 Time Extensions SEP 2000 FAR 52.242-14 Suspension of Work APR 1984 FAR 52.247-34 F.o.b. Des�na�on NOV 1991

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days a�er the date the Contractor receives the no�ce to proceed, (b) prosecute the work diligently, and (c) complete the en�re work ready for use not later than 584 calendar days. The �me stated for comple�on shall include final cleanup of the premises.

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

(a) If the Contractor fails to complete the work within the �me specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount $279.97 for each calendar day of delay un�l the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will con�nue to accrue un�l the work is completed. These liquidated damages are in addi�on to excess costs of repurchase under the Termina�on clause.

F.4 PERIOD OF PERFORMANCE

Project Name Project Dura�on

Substan�al Comple�on

Final Acceptance Date

Renova�on & Remedia�on of Magnolia Hall 584 * **

*The Date for Substan�al Comple�on shall be accomplished within 554 calendar days following receipt of a No�ce to Proceed (NTP). (See Sec�on/Paragraph E.2 SUBSTANTIAL COMPLETION)

**The Date for Final Acceptance shall be the Date for Substan�al Comple�on + 30 days or longer period as agreed and authorized by the CO.

F.5 PLACE OF PERFORMANCE

Gulfport Job Corps Center 3300 20th St Gulfport, MS 39501

F.6 SCHEDULES

These schedules shall include but are not limited to construc�on, product data, major material, equipment fabrica�on, delivery, samples and other submitals required by the contract to be submited for acceptance.

Deliverables shall be in the English language, unless otherwise provided hereunder, and any system of dimensions (i.e., English or metric) shown shall be consistent with that used in the contract. No extension of �me shall be allowed on account of a delay by the Government in approving such deliverables if the Contractor has failed to act promptly and responsively in submi�ng its deliverables. Each deliverable shall be iden�fied as required by the contract.

The Contractor shall revise such schedules (1) to account for the actual progress of the work, (2) to reflect approved adjustments in the performance schedule, and (3) as required by the COR to achieve coordina�on with work by the Government and separate contractors employed by the Government. The Contractor shall submit schedules on the last day of the preceding month for the next month’s work. The schedule shall sequence work to minimize disrup�on at the jobsite.

F.7 EXCUSABLE DELAYS

The Contractor will be allowed �me, not money, for excusable delays as defined in FAR 52.249- 10, Default. Examples of such cases include (l) acts of God or of the public enemy; (2) acts of the United States Government in either its sovereign or contractual capacity; (3) acts of the government of the host country in its sovereign capacity; (4) acts of another contractor in the performance of a contract with the Government; (5)fires; (6) floods; (7) epidemics; (8) quaran�ne restric�ons; (9) strikes; (10) freight embargoes; and (11) unusually severe weather.

In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform furthermore (1) must be one that the Contractor could not have reasonably an�cipated and taken adequate measures to protect against, (2) cannot be overcome by reasonable efforts to reschedule the work, and (3) directly and materially affects the date of final comple�on of the project.

F.8 DELIVERABLES/SUBMITTALS

The Contractor shall furnish the following deliverables/submitals listed below as well as other iden�fied documents under this contract. When no�fied to do so submitals, except bonds and insurance shall be uploaded to Submital Exchange, unless waived by the CO.

# Descrip�on Reference Delivery Date Deliver to:

1. Bonds: Payment and Performance, H.11 10 calendar days a�er award CO & CS

2. Insurance, H.10 10 calendar days a�er award CO & CS

3. Payment Request, G.8 Last calendar day of each month COR

4. Special Warranty, H.42 With request for inspec�on for Substan�al Comple�on. COR

5. Monitoring Plan for Historic and Significant Proper�es Prior to excava�on, if applicable COR

6. Mee�ng Minutes TBD, 24 hours a�er Mee�ng is held CO, CS & COR

7. Project Schedules

a. Schedule of Values

Submital required with submission of BPES, and before the first progress payment under this contract becomes due.

COR

b. Baseline Project Execu�on Schedule (BPES)

Projects < $10M shall be submited within 21 calendar days of NTP issuance

COR

c.

Project Execu�on Updates of BPES, and Monthly Progress Report per FAR 52.236-15 and Sec�on F.12

Monthly updates star�ng with the acceptance of the BPES, and with Monthly Payment Requests

COR

d. Contractor’s Quality Control Plan 30 calendar days from Contract Award COR

e. Contractor’s Quality Control Reports Daily COR

8. Facilities and Controls

a. Site U�liza�on Plan 15 calendar days a�er NTP for Site Mobiliza�on and/or Construc�on COR

b. Temporary Ligh�ng and Electrical Plan (if applicable)

15 calendar days a�er NTP for Site Mobiliza�on and/or Construc�on COR

9. Closeout Procedures

a. Request for Cer�fica�on of Substan�al Comple�on

15 calendar days prior to scheduled Substan�al Comple�on COR

b. Request for Final Inspec�on and Tes�ng, see also Contract Sec�on E.4

15 calendar days prior to scheduled Final Acceptance COR

c. Final Record Documents marked As- Built

With Request for Inspec�on and Substan�al Comple�on COR

d. Project Comple�on Photography Final Acceptance COR

e. Asbestos and Lead Paint Cer�fica�on Final Acceptance COR

f. Warranty Management Plan, per FAR 52-246-21

15 calendar days prior to scheduled Final Acceptance COR

10. Demonstration and Training

a. Training Plan Prior to Final Comple�on COR

b. Training Records Prior to Final Comple�on COR

c. Training and Demonstra�on Videos Prior to Final Comple�on COR

11. Commissioning

a. (CCR) Contractor’s Commissioning Representa�ve Iden�fied

30 calendar days a�er contract award COR

b. Commissioning Execu�on Plan 30 calendar days a�er contract award COR

F.9 PROJECT EXECUTION SCHEDULE

F.9.1 Project Execu�on Schedules shall be submited to the COR for acceptance in Cri�cal Path Method (CPM) using either P6 or Microso� Project. The schedule shall show the order in which the Contractor proposes to perform the work, and the dates on and �me periods within which the

Contractor contemplates star�ng and comple�ng the various por�ons of the work, in the form and containing such detail as is required by the contract documents. The schedule narra�ve shall at a minimum clarify the Contractor’s approach and sequencing of work (overall project plan), include milestone dates, the methodology for incorpora�on of delays including but not limited to poten�al conflicts with outside agencies, projects, or contractors, permits and u�lity coordina�on, procurement or fabrica�on problems/concerns, labor resource problems/concerns, and shall iden�fy any unusual logic rela�onships and use of rela�onship lags, and scheduling assump�ons. The Contractor shall revise such schedules (1) to account for the actual progress of the work, (2) to reflect approved adjustments in the contract �me, and

(3) as required by the COR to achieve coordina�on with work by the Government and separate contractors. If the Contractor fails to submit schedule or schedule revision within the �me prescribed, the Government may withhold approval of progress payments un�l the Contractor submits the required schedule or schedule revision.

F.9.2 Acceptance of Schedule: When the Government has accepted any �me schedule, it shall be binding upon the Contractor. The contract �me is fixed by the contract and may be extended only by a writen contract modifica�on, change order or supplemental agreement signed by the CO. Acceptance of a schedule or revision thereof by the Government shall not (1) be effec�ve to extend the contract �me or obligate the Government to do so, (2) cons�tute acceptance of delay, nor (3) excuse the Contractor from or relieve the Contractor of its obliga�on to maintain the progress of the work and achieve final comple�on within the contract �me.

F.9.3 Recording progress The Contractor shall record the actual progress of the work against the approved baseline schedule in the form and at intervals as may be required by the COR.

F.9.4 No�ce of delay In the event the Contractor receives a no�ce of change in the work, or if other condi�ons arise, which are likely to cause or are actually causing delays, which the Contractor believes may result in comple�on of the project a�er the contract �me, the Contractor shall no�fy the CO,CS and COR of the effect, if any, of such change or other condi�ons upon the accepted schedule, and shall state in what respects, if any, the relevant schedule or the contract �me should be revised. Such no�ce shall be given promptly, and not more than 10 calendar days following the first occurrence of event giving rise to the delay or prospec�ve delay. Revisions to the accepted progress schedule shall only be made with the approval of the COR.

F.9.5 Maintenance of progress If the Contractor falls behind an accepted schedule, the Contractor shall take steps necessary to improve its progress or overcome delays and ensure comple�on of the work within the contract �me, without addi�onal cost to the Government. In this circumstance, the Contractor shall demonstrate how the approved rate of progress will be regained and shall submit for acceptance a supplementary recovery schedule or schedules.

Methods may include increase of any or all the number of shi�s, over�me opera�ons, days of work, and the amount of construc�on planned.

F.9.6 Schedule revision and equitable adjustments: Upon the request of the Contractor, the CO shall ascertain the facts and the extent of any failure to adhere to the performance schedule resul�ng from alleged excusable delay. If the CO determines that any failure to perform results from one or more of the causes for an excusable delay, the relevant schedules shall be revised, subject to the rights of the Government under the termina�on clause of this contract. If and to the extent considered appropriate in the judgment of the CO an equitable adjustment shall be made in the contract �me.

F.10 DOCUMENTATION OF REQUESTS FOR EXTENSIONS

F.10.1 Any request for a �me extension must be supported by the following data, and any other relevant data requested by the CO:

F.10.2 For any delays for which an extension of �me is requested, (a) the exact date and degree of work stoppage, (b) the date of resump�on of any or parts of such work, and (c) a descrip�on of the nature of the delay and the degree, if any, to which the Contractor could have reasonably an�cipated and guarded against such delay or damage incidental thereto.

F.10.3 For delays in receipt of Contractor furnished materials, (a) the date the materials were ordered, (b) the dates of an�cipated delivery at the port of entry and at the project site, (c) the date the materials were scheduled for use or installa�on by the Contractor, (d) the date the materials were shipped, and (e) the dates the materials were actually received at the port of entry, cleared customs (if applicable), and were delivered to the project site.

F.10.4 For delays in receipt of Government furnished materials, the date the materials were scheduled for use or installa�on by the Contractor and the date(s) the materials were actually received at the port of entry, cleared customs (if applicable), and were delivered to the project site.

F.10.5 For delays in receipt of Government approvals of submitals properly prepared, reviewed, and approved by the Contractor before their submission as required by the contract documents,

(a) the date of submission, (b) the date approvals were received by the Contractor, and (c) the date that installa�on or fabrica�on indicated by the submitals were begun, compared with the dates indicated by the current approved construc�on schedule and schedule of submitals.

F.10.6 For weather delays, (a) average weather condi�ons during a comparable period over the preceding ten years, (b) a daily log recording the actual weather condi�ons during the relevant �me period, and (c) the dates work affected by the weather condi�ons were scheduled to be performed and the actual dates of performance.

F.11 SUSPENSION OF WORK – NONCOMPLIANCE WITH CONTRACT REQUIREMENTS

In the event the Contractor is in non-compliance with requirement of this contract and fails to promptly ini�ate such ac�on as may be appropriate to comply with the specified requirement, the Contrac�ng Officer shall have the right to order the Contractor to suspend any or all work under the contract un�l the Contractor has complied or has ini�ated such ac�on as may be appropriate to comply with the contract requirement. The Contractor will not be en�tled to any extension of contract �me or payment for any costs incurred as a result of being ordered to suspend work for such a cause.

F.12 NOTICE TO PROCEED (NTP)

F.12.1 At the �me of contract award, the Contractor must commence work to furnish the necessary document submitals within specified �mes. This work includes con�nued development of the Baseline Project Execu�on Schedule (BPES) that was submited by the Contractor with the proposal. The Government will review the BPES and provide comments to the Contractor. Failure of the Government to find mistakes and omission in the proposal schedule does not relieve the Contractor of contract requirements.

F.12.2 NTP Construc�on The contractor shall reference Sec�on F.8 for Baseline Project Execu�on Schedule (BPES) submission requirements, as it pertains to NTP issuance. Following receipt from the Contractor of bonds or evidence of insurance within the �me specified in Sec�on/Paragraph H.11 Bond Requirements, of this contract, and following acceptance of these documents by the CO, the CO will provide the Contractor their No�ce to Proceed.

F.12.3 The Contractor must then prosecute the work required hereunder, commencing, and comple�ng performance no later than the �me period established in the contract.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 DEPARTMENT OF LABOR LOCAL CLAUSES

DOLAR 2952.201-70 CONTRACTING OFFICER’S REPRESENTATIVE

(a) A Contrac�ng Officer’s Representa�ve (COR) will be delegated upon award. A copy of the delega�on memorandum will be provided to the COR and a delega�on leter sent to the vendor.

(b) The COR is responsible, as applicable, for receiving all deliverables; inspec�ng and accep�ng the supplies or services provided hereunder in accordance with the terms and condi�ons of this contract; providing direc�on to the contractor, which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evalua�ng performance; and cer�fying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor’s obliga�ons under the contract, and/or modify any of the expressed terms, condi�ons, specifica�ons, or cost of the agreement.

If, as a result of technical discussions, it is desirable to alter/change contractual obliga�ons or the scope of work, the contrac�ng officer must issue such changes.

G.2 PRE-CONSTRUCTION CONFERENCE

A pre-construc�on conference will be held at a date, �me, and place to be determined by the CO. The No�ce to Proceed (NTP) will be issued at the Pre-construc�on conference. The Contractor is required to atend. Major subcontractors may atend but may not par�cipate therein other than through the Contractor. The purpose of this conference is to review the contract procedures and to discuss ques�ons regarding the contract documents. The Contrac�ng Officer or his/her representa�ve will provide clarifica�ons.

The contractor is requested to advise the Contrac�ng Officer of atendee’s names and posi�ons.

The contractor is responsible for making all arrangements and for all its costs and expenses to atend and par�cipate in the Pre-Construc�on Conference

G.3 PROJECT MEETINGS

All progress mee�ngs will be held at a place and �me established, at the discre�on of the CO, for the purpose of coordina�on with the contractor and status updates of the project. Progress mee�ngs will be scheduled on a regular basis for the dura�on of construc�on through substan�al comple�on. Mee�ng minutes resul�ng from the weekly progress mee�ngs will be issued iden�fying at a minimum: (a) topics discussed, (b) cri�cal submitals and status, (c) ac�ons required, responsible par�es, and �me frames to resolve, (d) progress achieved since last mee�ng, (e) Quality Control deficiencies and issues, and (f) minimum of ten (10) quality photographs of construc�on progress. Two addi�onal progress mee�ngs may be held during the project comple�on and closeout phase of the project.

G.4 OPERATIONS, STORAGE AREAS, AND SECURITY

All opera�ons of the Contractor (including storage of materials) upon Government premises shall be confined to areas authorized or approved by the Contrac�ng Officer. The Contractor shall erect whatever barriers or enclosures are necessary to define the site and protect the materials, equipment, and work. The Contractor shall hold and save the Government, its officers and agents, and the Center Opera�ng Contractor free and harmless from liability of any nature occasioned by its opera�ons.

The Contractor shall comply with regula�ons governing the opera�ons on the premises, which are occupied and shall perform the contract in a manner that will not interfere with the conduct of normal business.

All persons employed under this contract shall, while on the premises, observe the regula�ons in effect at the site, and are cau�oned that entrance to any exis�ng building outside the scope of the contract is forbidden, except by official permission.

The Contractor will be doing work on federally-owned or federally-controlled property. All persons employed under this contract, and sub-contracts issued herein under, are to observe security regula�ons in effect at the site. The Contractor and all persons employed under the contract are required to comply with established security, sign-in, and random search procedures.

All work that will affect or alter the normal opera�ons of the Center is to be coordinated with the opera�ng Contractor of the Center through the Contractor at least one week in advance. If the work requires par�al or total interrup�on of u�li�es, two weeks writen no�ce must be given.

The Contractor shall furnish and install barricades or enclosures necessary to keep all dust and debris away from the facili�es that are to remain in use at the Center.

The Contractor shall carefully remove and relocate all salvageable material to such areas as designated by the CO.

The Contractor and all persons employed under the contract will not be permited to u�lize the food service facili�es at the Center.

The Contractor and all persons employed under the contract will not be permited to fraternize with the Job Corps students or staff at the Center.

Under no condi�on will the Contractor or any persons employed under the contract be permited to consume or transport any alcoholic beverages, drugs, or firearms on the site.

Any person found viola�ng these or any, other condi�ons set forth in the contract document will be barred from the project.

In addi�on to the above, the Contractor shall be responsible to provide at least, but not limited to, the following:

• Provide an appropriate security system and facili�es to protect work from unauthorized entry, vandalism, and the�.

• Employ such services or measures as needed to properly protect and safeguard work.

Provide protec�on for materials, tools, and equipment employed on Project, including workmen’s tools.

The Government will not be held liable or responsible for damage or loss to Work due to trespass or the�.

G.5 PROJECT SAFETY

The Contractor shall be responsible for ini�a�ng, maintaining, and supervising a safety program in connec�on with the construc�on project. All reasonable precau�ons are to be taken to provide protec�on and to prevent damage, injury, or loss to:

A. Employees and others who may be affected by the construc�on project.

B. All project materials and equipment on the site.

C. Other property on the site or adjacent thereto.

The Contractor shall erect and maintain approved barricades and all reasonable safeguards for safety and protec�on, including the pos�ng of danger signs and other warnings against hazards.

During any approved new construc�on, the Contractor is to erect fences or other barriers around the construc�on site and any required storage and staging areas.

Current OSHA regula�ons must be followed in the placement or erec�on of safety barriers around excava�on. The Contractor will not be permited to commence with any excava�on un�l this enclosure is completely erected and its comple�on verified by the Architect/Engineer.

During any repairs, altera�ons, or addi�ons to exis�ng facili�es, the Contractor is to provide a secure separa�on between the areas where the work is to be performed and areas that are u�lized by the Job Corps Center. Care must be taken by the Contractor to provide con�nuous and uninterrupted occupancy of the adjacent spaces or facili�es.

G.6 DISPOSAL OF REFUSE

Refuse resul�ng from construc�on opera�ons shall be removed from the site. Refuse shall not be allowed to accumulate for more than one week and shall be removed at more frequent intervals if directed by DOL or its designated representa�ve.

G.7 DETAILED ESTIMATE FOR PROGRESS PAYMENTS

Before the first progress payment under this contract becomes due, the Contractor shall prepare a Detailed Es�mate (Schedule of Values) for Progress Payments itemizing the Contract Price in the form that is customary in the field and is acceptable to the CO. The Schedule of Values may be submited in G702 or 703 AIA format. The values in the Detailed Es�mate will be used as a basis for determining progress payments but will not be conclusive as to the amounts due the Contractor or as to the value of changes in the work. The Contractor’s overhead and profit shall be prorated throughout the life of the contract.

The values in the breakdown will be used for determining progress payments. No progress payments requests will be accepted or considered for payment un�l the Schedule of Values has been accepted and approved by the CO.

Preparatory work done will be taken into considera�on in preparing es�mates upon which progress payments are based.

Es�mates on which progress payments are based shall include the value (as determined by the COR) of sa�sfactory in-place work performed pursuant to a unilateral modifica�on (change order) where final agreement on the equitable price adjustment has not been reached, up to the limit specified in the individual unilateral modifica�on.

G.8 MONTHLY PROGRESS PAYMENT REQUESTS (Applica�on for Payment)

G.8.1 Payment requests. The Contractor may submit requests for progress payments at monthly intervals. Each applica�on shall cover the value of labor and materials completed and in place, including a prorated por�on of overhead and profit.

G.8.2 Stored materials. Unless otherwise provided in the contract documents, material delivered that will be incorporated into the structure may be included in a request for payment, provided the material is delivered on the site, or is delivered to the Contractor and properly stored in a bonded warehouse, storage yard or similar suitable place in the vicinity of the project as approved by the COR, and is suitably insured against loss, damage and the�. If a request for payment includes delivered material on the site, the Contractor shall furnish with the request for payment such evidence as may be required as proof of quan�ty and value of such materials. If a request for payment includes delivered material permited to be stored off the site, the Contractor shall furnish with the request for payment properly executed bills of sale for the delivered material upon which payment is being made. The Contractor shall remain responsible for such stored materials.

G.8.3 An amount of two (2) percent of the contract value will be retained and reflected in the Schedule of Values for Final Comple�on/Final Payment. The retained amount will be released to the contractor as follows:

G.8.3.1 One (1) percent of the amount will be released to the contractor upon submission and acceptance of the Contract’s required Final Comple�on/Closeout Documents.

G.8.3.2 The remaining one (1) percent of the amount will be released upon atainment of Final Acceptance (see Sec�on/Paragraph E.4).

G.9 RESERVED

G.10 CERTIFICATION OF PAYMENT TO SUBCONTRACTORS

G.10.1 The Contractor shall submit with the request for payment a cer�fica�on with regards to payments. Reference FAR 52.232-5, Payments Under Fixed-Price Construc�on Contracts.

G.10.2 Evalua�on by the Government. Following receipt of the contractor’s request for payment, and based on an inspec�on of the work, the Government shall determine as to the amount which, in its opinion, is then due. In the event the Government does not approve payment of the full amount applied for, less the retainage addressed in FAR 52.232-5, the COR shall advise the Contractor of the reasons, therefore.

G.11 INVOICE PREPARATION AND SUBMISSION

Based upon acceptance of requirements within the contract, the contractor shall submit an electronic invoice to JCASinvoice@dol.gov, the COR, and the PM.

Invoices shall list the item delivered by reference to the appropriate submital, item number, price, and actual delivery date. To cons�tute a proper invoice, the invoice must include the following informa�on and/or atached documenta�on:*

1. Name and address of contractor.

2. Invoice number and invoice date.

3. Contract Number and project name.

4. Period in which the invoice covers.

5. Payment Terms

6. Total Quan�ty of items, Total Invoice Amount

7. DOL CLIN associated with billed item(s)

8. Descrip�on of the services rendered for each line item

9. Individual Line-Item Quan�ty, Price, and Extended Amount mailto:JCASinvoice@dol.gov

10. Name, �tle, phone number, and complete mailing address of person to no�fy in the event of a defec�ve invoice.

11. Invoices shall be submited with the Contractor Cer�fica�on, updated PES Schedule, and notarized if form requires (i.e. AIA Document G702).

12. The contractor’s SAM banking informa�on shall be current as prescribed by FAR 52.232-33.

* Requirements for a proper invoice can be found at FAR 52.232-27, Prompt Payment for Construc�on Contracts, subsec�ons (a)(2)(i) through (a)(2)(xi) of this clause. If the invoice does not comply with any of these requirements, the invoice shall be returned within seven (7) days a�er receipt with explana�ons as to why the document was considered an improper invoice according to the terms of this contract.

Revised invoices shall use the same applica�on or pay request number as the original, followed by “R” meaning “Revised” invoice.

In the event hard copy invoices are requested by the Contrac�ng Officer, the documents shall be mailed to:

U.S. DEPARTMENT OF LABOR/OASAM/OSPE

JCAS, A/E and Construc�on Division C/O 2101 Wilson Boulevard, Suite 400 Arlington, VA 22201-3324 ATTN: Project Manager

G.12 TEST RESULTS

The Contractor shall maintain a complete record of all required performance and system tests and reports that are conducted on the construc�on site. Copies of all verified test results shall be transmited to the COR as part of the closeout documenta�on.

G.13 FINAL COMPLETION/CONTRACT CLOSEOUT

A�er the Cer�ficate of Substan�al Comple�on has been acknowledged by the Department of Labor, and the correc�on/comple�on of the new punch list items has been accomplished, the Contractor should submit a No�ce of Final Comple�on to the Department of Labor reques�ng a final walk-through inspec�on. Following the final inspec�on/walk-through and to the sa�sfac�on of the Department of Labor that the work is fully completed and acceptable, the Contractor shall submit all documents required for contract closeout.

The following documents shall be submited for review and approval of the Department of Labor:

• Subcontractor(s) and major supplier(s) Releases of Claims if requested by the CO

• Cer�fica�on of payment to subcontractors and suppliers

• Contractor Releases of Claims/(original)

• Originally-signed copies of all warran�es, guarantees, and maintenance manuals, as applicable.

• As-built drawings in both CADD and PDF on CD Building System Commissioning manuals

• Warranty Spreadsheets inclusive of point of contacts

• Release of Liens

NOTE:

If, for any reason, the project proceeds directly to final completion, and no Certificate of Substantial Completion is issued, then insurance shall be for one year from the date of the final walk-through, as attested to by the Government. This date of Final Completion is also the commencement date of all warranties and guarantees required by the contract documents.

Final payment under the contract will not be made un�l all required documents, including those listed above, are received and approved by the U.S. Department of Labor.

G.14 ORDER OF PRECEDENCE

G.14.1 In addi�on to the provisions of contract clause 52.236-21, Specifica�ons and Drawings for Construc�on (FEB 1997), the following order of precedence shall apply:

G.14.2 Any inconsistency in this solicita�on or contract shall be resolved by giving precedence in the following order:

• Standard Clauses of the Contract (those bearing numbers beginning with “52”), set forth in full text or incorporated by reference in Part I- The Schedule, Part II - Contract Clauses, Part III - List of Documents, Exhibits & Other Atachments, and Part IV – Representa�ons and Instruc�ons.

• Contract Provisions set forth in Part I- The Schedule, Part II - Contract Clauses, and Part

IV - Representa�ons and Instruc�ons.

• The specifica�ons, including all addenda.

• The drawings.

G.14.3 Any inconsistency among the Contract Documents shall be resolved by giving precedence in the following order: In case of differences between small- and large-scale drawings, the later will govern. Where a por�on of the work is drawn in detail and the remainder of the work is indicated in outline, the parts drawn in detail shall apply also to all other like por�ons of the work. Where the word “similar” occurs on the drawings, it will have a general meaning and will not be interpreted as being iden�cal, and all details shall be worked out in rela�on to their loca�on and their connec�on with other parts of the work.

G.14.4 In case of…