70FA5019R00000014_B716_FINAL_06-10-2019.pdf

1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

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

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

A. NAME

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

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12B.)

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 4-85) STANDARD FORM 1442

Prescribed by GSA YFAR (48 CFR) 52.236-1(d) NSN 7540-01-155-3212

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________ calendar days after receiving award, X X notice to proceed. This performance period is mandatory, negotiable. (See _____________________________.)

YES NO

A. Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________

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

B. An offer guarantee is, is not required.

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

D. Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

70FA5019R00000014 06-10-2019 1 of 114

WX03403Y2019T

MWEOC B716 FM Maintenance Building

X

FEDERAL EMERGENCY MANAGEMENT AGENCY

MT. WEATHER EMERGENCY OPERATIONS CENTER SAME AS BLOCK 7

ATTN: JAY D. COHEN

19844 BLUE RIDGE MOUNTAIN ROAD

MOUNT WEATHER, VA 20135-2006

52.211-10

X -7-

-0- 3:00pm 08-15-2019

X

-90-

B. TELEPHONE NO. (Include area code) (NO COLLECT

CALLS)

PROJECT TITLE: MWEOC B716 FM MAINTENANCE BUILDING

MAGNITUDE OF CONSTRUCTION: OVER $10,000,000.00.

SPECIFICATIONS, DRAWINGS AND STATEMENT OF WORK ARE IDENTIFIED IN SECTION J

DAVIS BACON WAGE DETERMINATIONS ARE INCLUDED IN SECTION J.

VIRGINIA CLASS A CONTRACTOR’S LICENSE IS REQUIRED TO PERFORM THE WORK.

PROJECT IS UNCLASSIFED.

THIS SOLICITATION IS UNRESTRICTED

NAICS CODE: 236220

-7- -730-

SEE BLOCK 26

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO.

16. REMITTANCE ADDRESS

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20B. SIGNATURE 20C. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c) ( )

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

28. NEGOTIATED AGREEMENT 29. AWARD Your Contractor agrees offer on this solicitation, is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work, requisitions identified award consummates the contract. which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

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.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER

TO SIGN

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

OFFER

AWARD

STANDARD FORM 1442(REV. 4-85)BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14)

(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.)

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

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

2019-P9-CC01-P300-W61003-3220-D

FEDERAL EMERGENCY MANAGEMENT AGENCY

MOUNT WEATHER EMERGENCY OPERATIONS CENTER

ATTN: JAY D. COHEN

19844 BLUE RIDGE MOUNTAIN ROAD

MOUNT WEATHER, VA 20135-2006

FEDERAL EMERGENCY MANAGEMENT AGENCY

MOUNT WEATHER EMERGENCY OPERATIONS CENTER

ATTN: BUDGET/BLDG. 405

P.O. BOX 129

MOUNT WEATHER, VA 22611-0129

JAY D. COHEN

CONTRACTING OFFICER

Table of Contents PART I - THE SCHEDULE ........................................................................................................................... A-1 SECTION A - SOLICITATION/CONTRACT FORM ............................................................................... A-1

SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)................... A-1 PART I - THE SCHEDULE ............................................................................................................................ B-1 SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS ............................................................... B-1

B.1 PRICE/COST SCHEDULE/OF336 .................................................................................................... B-1 SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK ..................................... C-1

C.1 (SEE SECTION J) .............................................................................................................................. C-1 SECTION D - PACKAGING AND MARKING .......................................................................................... D-1

D.1 PAYMENT OF POSTAGE AND FEES ........................................................................................... D-1

D.2 PACKAGING AND MARKING…………………………………………………………...………D-1

SECTION E - INSPECTION AND ACCEPTANCE .................................................................................... E-1 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ..................... E-1

E.2 INSPECTION AND ACCEPTANCE………………………………………………………………E-1

E.3 CONTRACTOR QUALITY CONTROL……………..……………………………………………E-1

SECTION F - DELIVERIES OR PERFORMANCE ................................................................................... F-2 F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ..................... F-2

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

F.3 PRINCIPLE PLACE OF PERFORMANCE………………………………………………………...F-2

F.4 PROGRESS SCHEDULE…………………………………………………………………………...F-2

F.5 NOTICE OF DELAY………………………………………………………………………………..F-2

F.6 SUBMITTALS………………………………………………………………………………………F-2

F.7 REAL PROPERTY EQUIPMENT …………………………………………………………………F-3

F.8 RECORDS AND AS-BUILT DRAWINGS..…………………………………………………….…F-3

F.9 PERFORMANCE AND PAYMENT BONDS…………………………………………………..…F-4

F.10 LIQUIDATED DAMAGES…………………….…………………………………….……………F-5

SECTION G - CONTRACT ADMINISTRATION DATA ......................................................................... G-7

G.1 IDENTIFICATION OF GOVERNMENT PERSONNEL…………………………………G-1

G.2 TECHNICAL DIRECTION AND SURVEILLANCE ..................................................................... G-1 G.3 INVOICES ........................................................................................................................................ G-2

SECTION H - SPECIAL CONTRACT REQUIREMENTS ....................................................................... H-1 H.1 SUBCONTRACTING PLAN ........................................................................................................... H-1

H.2 CONFIDENTIALITY OF INFORMATION………………………………………………H-1

H.3 CONTRACTOR UTILIZATION OF GOVERNMENT FACILITIES ............................................. H-1 H.4 DRAWING/SPECIFICATION OMISSIONS OR DISCREPANCIES ............................................ H-2

H.5 SAFETY…………………………………………………………………….…………...…H-2

H.6 INTERRUPTIONS OF UTILITIES..……………………………………….…………...…H-2

H.7 INSURANCE WORK ON GOVERNMENT INSTALLATION ..................................................... H-3

H.8 DAVIS BACON WAGE DETERMINATION……………………………………….....…H-3

H.9 MAINTENANCE OF ACCESS……………………………………………………………….....…H-4

H.10 IDENTIFICATION OF EMPLOYEES AND ACCESS TO MOUNT WEATHER EOC..….....…H-4

H.11 STATE OF VIRGINIA CONTRACTORS LICENSE REQUIREMENTS……………....….....…H-4

H.12 STANDARD REFERENCES……………………………………………………………..….....…H-5

H.13 ADVERTISEMENTS, PUBLICIZING AWARDS, AND NEWS RELEASES ............................ H-5 H.14 CFR 44 PART 15 ........................................................................................................................... H-6 H.15 ON-SITE LODGING ..................................................................................................................... H-6 H.16 ATTIRE AT MWEOC ................................................................................................................... H-6 H.17 HOSTING RFP ON A FTP SITE OR PUBLIC INTERNET URL ............................................... H-7 H.18 STOP WORK/SUSPENSION OF WORK MWEOC EXERCISES .............................................. H-7

PART II - CONTRACT CLAUSES ................................................................................................................ I-1 SECTION I - CONTRACT CLAUSES ......................................................................................................... I-1

I.1 NOTICE OF CONTRACT TYPE ....................................................................................................... I-1 I.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ....................... I-1 I.3 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) ......................................... I-4 I.4 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) ...................................... I-4

I.5 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010) ...................................................................................................... I-5

I.6 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (MAY 2014) ....................... I-6 I.7 52.227-3 PATENT INDEMNITY (APR 1984) ................................................................................. I-8 I.8 52.228-1 BID GUARANTEE (SEP 1996) ......................................................................................... I-9 I.9 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)............ I-9 I.10 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2014) ............ I-10

I.11 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

ALTERNATE I (APR 1984) ......................................................................................................... I-16 I.12 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) .................................................... I-17 I.13 52.250-5 SAFETY ACT-EQUITABLE ADJUSTMENT (FEB 2009) ........................................... I-18 I.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ..................................... I-19

I.15 HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEP 2012) ALTERNATE II (SEP

2012) ............................................................................................................................................... I-19 I.16 HSAR 3052.242-72 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2003) ............... I-20 I.17 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) .......................... I-20

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS ............................... J-1 SECTION J - LIST OF ATTACHMENTS .................................................................................................... J-1 PART IV - REPRESENTATIONS AND INSTRUCTIONS ..................................................................... K-1

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS ............................................................................................................................................ K-1 K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE ........ K-1 K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018) .................... K-1

K.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)…...…….K-4

K.4 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2007)………………………………………………….K-5

K.5 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)……………………………………………………………………………………………….K-6

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS .............................. L-1 L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE ......... L-1 L.2 52.216-1 TYPE OF CONTRACT (APR 1984) ............................................................................... L-1

L.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) .................................... L-1 L.4 52.233-2 SERVICE OF PROTEST (SEPT 2006) ............................................................................ L-2 L.5 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) ............... L-3 L.6 QUESTIONS REGARDING SOLICITATION AND PROJECT FOLLOWING SITE VISIT........ L-3 L.7 52.250-2 SAFETY ACT COVERAGE NOT APPLICABLE (FEB 2009) ...................................... L-4

L.8 RESTRICTION ON USE AND DISCLOSURE OF PROPOSALS/QUOTATION INFORMATION

DATA .............................................................................................................................................. L-4 L.9 ALTERNATE PROPOSAL INFORMATION .................................................................................. L-4 L.10 OFFEROR ACCEPTANCE PERIOD ............................................................................................. L-4 L.11 PROPOSAL PREPARATION INSTRUCTIONS ........................................................................... L-4 L.12 PROPOSAL CONTENT - BUSINESS VOLUME I ...................................................................... L-5 L.13 PROPOSAL CONTENT – TECHNICAL VOLUME II ................................................................. L-6 L.14 PROPOSAL DELIVERY INSTRUCTIONS .................................................................................. L-6 L.15 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) .. L-7

70FA5019R00000014 Section B

B-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 CLINs

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70FA5019R00000014 Section C

C-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 THE STATEMENT OF WORK AND ASSOCIATED DRAWINGS/SPECIFICATIONS ARE LISTED IN

SECTION J.

70FA5019R00000014 Section D

D-1

SECTION D - PACKAGING AND MARKING

D.1 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information including forms, reports, submittals, etc., to the CO or the COR shall be paid by the Contractor.

D.2 PACKAGING AND MARKING

(a) All information submitted to the Contacting Officer or the COR shall clearly indicate the contract number for which the information is being submitted.

(b) All containers shall be plainly marked on or adjacent to the exterior shipping label to show the contract number, description of contents, and Contractor's name.

70FA5019R00000014 Section E

E-1

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section 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

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

E.2 INSPECTION AND ACCEPTANCE

Final inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative at:

Inspection and Acceptance: Federal Emergency Management Agency Mount Weather Emergency Operations Center (MWEOC) 19844 Blue Ridge Mountain Road Mount Weather, VA 20135-2006

For the purpose of this clause, the Contracting Officer Representative (COR) is the representative of the Contracting Officer. The Contracting Officer reserves the right to unilaterally designate other Government agents as authorized representatives. Should such occur, the Contractor will be notified by a written notice.

E.3 CONTRACTOR QUALITY CONTROL

a. General: The Contractor shall provide and maintain an effective quality control program. The burden of proof of contract compliance is placed on the Contractor and not assumed by the Government. The Contractor's quality control will not be accepted without question and the right to inspect or verify at any time is reserved by the Government.

b. Pre-construction Conference: After the contract is awarded and before construction operations are started, the Contractor shall meet with the COR, or their representatives, and discuss quality control requirements. The contractor shall furnish the COR within 20 days after receipt of notice to proceed, the following information:

(I) The name and qualifications of the individual performing inspections, giving education, licenses, present job position and previous work experience.

The meeting shall develop mutual understanding relative to details of the system, including the forms to be used for recording the quality control operations, inspections, administration of the quality control system, and the

E-2 interrelationship of Contractor and Government inspection.

c. Quality Control System:

(I) The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of work, including that of subcontractors, to insure conformance to applicable specifications and drawings with respect to the materials, workmanship, construction, finish, functional performance, and identification, with emphasis on the surveillance, tests and submittals required in the Technical Provisions of the contract specifications, including applicable in-plant inspection. This control will be established for all construction except where the Technical Provisions of the contract provide for specific Government control by inspections, tests or other means. The Contractor shall notify the COR or his authorized representative in writing of any proposed change to the Contractor's quality control system; no such change shall be implemented prior to acceptance in writing by the COR or his authorized representative.

(2) Review Submittals: The Contractor's control system will specifically provide for surveillance, coordination, and review of shop drawings, materials and equipment data submittals. Such surveillance, coordination and review of the aforementioned data shall be made to assure that the submission is complete and in compliance with applicable contract provisions. The Contractor's control system will be keyed to the proposed construction sequence in a manner to prevent construction deficiencies and/or delays caused by submittals lacking content and text required by the contract Technical Provisions. The Contractor will designate, by name, the quality control representative responsible for review, certification and submittal of shop drawings if different than the individual appointed as required in paragraph b (1) above.

(3) Quality Control Procedures: The Contractor's quality control system at the job site shall follow a 3-step procedure consisting of(a) a Preparatory Inspection; (b) an Initial Inspection; and (c) Follow-up Inspections. The Contractor's quality control representative will advise the COR at least 24 hours prior to all preparatory and initial inspections. The preparatory and initial inspections will be attended by the applicable quality control representative and the Contractor's individual responsible for implementation of that portion of work at the site.

Government personnel may participate in the preparatory, initial inspection and follow-up inspection.

a) Preparatory Inspection: A preparatory inspection will be required to ensure that the plant, materials and equipment meet the submittals and contract requirements. The Contractor will perform preparatory inspections as soon as possible after delivery of plant, equipment and material to the site and, in any event, prior to incorporation of material and equipment in the work.

b) Initial Inspection: An initial inspection will be required at the start of each new phase of construction to establish that methods, techniques and standards of workmanship are in strict compliance with the contract requirements.

c) Follow-up Inspections: Follow-up inspections will be performed on a daily or recurring basis as necessary to ensure that construction is proceeding in accordance with contract requirements.

d. Quality Control Reports:

(I) The Contractor shall furnish a daily construction quality control report. The report shall be in accordance with the attached sample or such other form as may be proposed by the Contractor and approved by the COR.

Additional check lists and forms for specific operations may be required to supplement the daily inspection form.

The report shall include all inspections and tests made. It shall provide factual evidence that the required inspection or tests have been performed, including type and number of inspections or tests, the results, the nature

E-3 of defects, cause of rejection and the corrective action taken. The daily report shall cover both conforming and defective items. It shall include a statement that all materials and equipment incorporated in the work are in full compliance with the terms of the contract except as noted. The report will cover all items and specifically include the items listed in the quality control paragraphs of the Technical Provisions. The report will be verified and signed by the prime Contractor's designated quality control representative. The daily reports will be furnished in two copies (original and one (1) duplicate) to the COR. The report will be legibly handwritten in ink or typewritten. Reports shall be submitted not later than the close of business on the first working day following the date of the report. Reports shall have all supporting documents

(such as concrete placement checklist) referenced therein. Incomplete reports will not be accepted. Negative reports are required for days during which there is no activity on the project site and will include a brief statement as to why there was no activity during a normal workday or schedule.

e. Government Inspection:

The Government reserves the right to inspect at the source, supplies or services not manufactured or performed within the Contractor's facility. Government inspection shall not constitute acceptance; nor shall it in any way replace Contractor inspection or otherwise relieve the Contractor of his responsibility to furnish an acceptable end item. When inspection at subcontractors' or suppliers' plant is performed by the Government, such inspection shall not be used by Contractors as evidence of effective inspection by such subcontractors or suppliers.

70FA5019R00000014 Section F

F-1

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section 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

52.242-14 SUSPENSION OF WORK APR 1984

52.247-34 F.O.B. DESTINATION NOV 1991

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

The Contractor shall be required to (a) commence work under this contract within -7- calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than -730- calendar days after Notice-To-Proceed. The time stated for completion shall include final cleanup of the premises.

F.3 PRINCIPLE PLACE OF PERFORMANCE

The effort under this contract shall be performed at:

Federal Emergency Management Agency Mount Weather Emergency Operations Center (MWEOC) 19844 Blue Ridge Mountain Road Mount Weather, VA 20135-2006

F.4 PROGRESS SCHEDULE

a. In accordance with the clause in Section I, "52.236-15, SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)," the Contractor shall, within five (5) calendar days after work commences, prepare and submit to the Contracting Officer & COR three (3) copies of a practicable Progress Schedule which will reflect physical progress. This chart will be prepared so as to show the starting and completion dates of all such work features, beginning with date of Notice to Proceed and indicating calendar days to completion. The methodology to be used shall be the Critical Path Method(CPM).

b. Dates for completion of features of work which will have a critical effect on the overall completion date are "milestone" dates and will be marked on the chart.

c. The Physical Progress Chart will be modified by the Contractor to reflect authorized changes in the work and extension of time. The Modified Chart will then be promptly forwarded for approval to the Contracting Officer.

d. The CPM will be the medium through which the timeliness of Contractor construction effort is appraised for this project.

F-2

F.5 NOTICE OF DELAY

If the Contractor becomes unable to complete the contract work at the time specified because of technical difficulties, notwithstanding the exercise of good faith and diligent efforts in the performance of the work called for hereunder, the Contractor shall give the Contracting Officer & COR written notice of the anticipated delay and the reasons therefore. Such notice and reasons shall be delivered promptly after the condition creating the anticipated delay becomes known to the Contractor but in no event less than forty-five (45) days before the completion date specified in this contract, unless otherwise directed by the Contracting Officer. When notice is so required, the Contracting Officer may extend the time specified in the Schedule for such period as deemed advisable.

F.6 SUBMITTALS

SECTION 01330 – SUBMITTALS TO THE CONTRACTING OFFICER

PART 1 - GENERAL

1.1 SUMMARY

A. This Section describes the administrative procedures for the routine submittal of information to the Contracting Officer & COR for information, approval or record purposes as required throughout this contract. Every effort shall be made by the Contractor to submit routine submittals electronically(via email) where appropriate.

B. Submittal Preparation: At a minimum on each submittal, provide the following information:

1. Applicable security classification.

2. Project name and number.

3. Date.

4. Name, address and telephone number of firm or entity that prepared the submittal.

5. Name and address of the Contractor.

6. Name of the manufacturer.

7. Number and title of applicable specification section.

8. Drawing number and detail references, as applicable.

9. Space to record Contractor's review and approval markings, and for Contracting Officer's or COR’s action (if required). Provide space of approximately 5 by 5 inches.

C. Submittal Transmittal: Package each submittal for transmission and handling. Transmit each submittal from the Contractor to the Contracting Officer or COR’s representative by use of a transmittal form. Minimally include the following information on the transmittal form.

1. Applicable security classification

2. Project name and number.

3. Date.

4. Destination (To:).

5. Source (From:).

6. Names of subcontractor, manufacturer and supplier, as applicable.

7. Category of submittal.

8. Description of submittal

9. Number and title of applicable specification section.

10. Submittal number, including means to separately identify initial submittal and any resubmittals.

F-3

11. Certification by Contractor stating that the submittal complies with the Contract Documents, or statement of deviations from the requirements of the Contract Documents including minor variations and limitations.

Deviations may be listed on an attached sheet referenced on the transmittal form.

12. Indicate whether submittal is for information, approval or record purposes. Unless specifically indicated otherwise in this specification, review and approval of product, material, design and shop drawing submittals is the responsibility of the Contractor.

13. Signature of transmitter.

PART 2 - PRODUCTS (Not Applicable)

PART 3 - EXECUTION (Not Applicable)

END OF SECTION 01330

F.7 REAL PROPERTY EQUIPMENT DATA

At or before the time of completion of the contract, the Contractor shall submit to the COR a complete itemized list, including serial and model number where applicable, for each Contractor furnished item of mechanical, electrical, and plumbing equipment installed by the Contractor under this contract. For each of the items which is specified herein to be guaranteed for a specified period from the date of acceptance thereof, either for beneficial use or final acceptance, whichever is earlier, against defective materials, design and workmanship, the following information shall be given: the name, address, and telephone number of the Subcontractor, Equipment Supplier, or Manufacturer originating the guaranteed item. The list shall be accompanied by a copy of the specific guarantee document for each item which is specified herein to be guaranteed if one had been furnished to the Contractor by the Equipment Supplier or Manufacturer. The Contractor's guarantee to the Government of these items will not be limited by the terms of any manufacturer's guarantee to the Contractor.

F.8 RECORD AND AS-BUILT DRAWINGS

a. General: This section covers the preparation of complete as-built marked drawings, as a requirement of the contract. This includes Architectural and all Sub-Parities thereof.

b. Progress Marked Up As-Built Prints: The Contractor shall mark up one set of paper prints to show the as-built conditions.

These as-built marked prints shall be kept current and available on the jobsite at all times. All changes from the contract plans which are made in the work or additional information which might be uncovered in the course of construction shall be accurately and neatly recorded as they occur by means of details and notes. The as-built marked prints will be jointly inspected for accuracy and completeness by the CO & COR and a responsible representative of the Construction Contractor prior to submission of each monthly pay estimate. The drawings shall show the following information, but not be limited thereto:

(1) The location and dimensions of any changes within the building or structure.

(2) Correct structures or utilities if any changes were made from contract plans.

(3) Changes in details of design or additional information obtained from working drawings specified to be prepared and/or furnished by the Contractor including but not limited to fabrication, erection, installation plans and placing details, pipe sizes, insulation material, dimensions of equipment foundations, etc.

(4) All changes or modifications which result from the final inspection.

(5) Where contract drawings or specifications allow options, only the option selected for construction shall be shown on the as-built prints.

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c. Preliminary Submittal: The Contractor shall prepare two copies of the progress as-built prints and these shall be delivered to the Contracting Officer with a copy for the COR at the time of final inspection for their review and Contracting Officer’s approval. These as-built marked prints shall be neat, legible and accurate. The review by Government personnel will be expedited to the maximum extent possible. Upon approval, one copy of the as-built marked prints will be returned to the Contractor for use in preparation of final as-built drawings. If upon review, the drawings are found to contain errors and/or omissions, they shall be returned to the Contractor for corrections. The Contractor shall complete the corrections and return the as-built marked prints to the Contracting Officer & COR within ten (10) calendar days.

d. Drawing Preparation: Upon approval of the as-built prints submitted, the Contractor will be furnished the original set of contract drawings with all amendments incorporated. These drawings shall be modified as may be necessary to correctly show all the features of the project as it has been constructed by bringing the contract set into agreement with the approved as-built prints, adding such additional drawings as may be necessary. These drawings are part of the permanent records of this project and the Contractor shall be responsible for the protection and safety thereof until returned to the Contracting Officer. Any drawings damaged or lost by the Contractor shall be satisfactorily replaced by the Contractor at his expense.

e. Only personnel proficient in the preparation of engineering drawings to standards satisfactory and acceptable to the Government shall be employed to modify the original contract drawing or prepare additional new drawings. All additions and corrections to the contract drawings shall be neat, clean and legible, and shall match the adjacent existing linework and/or lettering being annotated in type, density, size and style. All drafting work shall be done using the same medium (pencil, plastic lead or ink) that was employed on the original contract drawings and with graphite lead on paper base material. The Contracting Officer will review all as-built drawings for accuracy and conformance to the above specified drafting standards. The Contractor shall make all corrections, changes, additions, and deletions required to meet these standards. The title block to be used for any new as-built drawings shall be similar to that used on the original drawings.

f. When final revisions have been completed, each drawing shall be lettered or stamped with the words "RECORD DRAWING AS-BUILT" followed by the name of the General Contractor in letters at least 3/16" high. All original contract drawings shall be marked either "As-Built" drawing denoting no revisions on the sheet or "Revised As-Built" denoting one or more revisions. All original contract drawings shall be dated in the revision block.

g. Final Requirements: After receipt by the Contractor of the approved marked as-built prints and the original contract drawings the Contractor will within 30 days for contracts less than $5 million or 60 days for contracts $5 million and above, make the final as-built submittal. This submittal shall consist of the completed as-built drawings, two blue line prints of these drawings and the return of the approved marked as-built prints. They shall be complete in all details. All paper prints and reproducible drawings will become the property of the Government upon final approval. Failure to submit as-built drawings and marked prints as required herein shall be cause for withholding any payment due the Contractor under this contract. Approval and acceptance of final as-built drawings shall be accomplished before final payment is made to the Contractor.

h. Payment: No separate payment will be made for the as-built drawings required under this contract, and all costs in connection therewith shall be considered a subsidiary obligation of the Contractor.

F.9 PERFORMANCE AND PAYMENT BONDS

a. Performance and Payment Bonds will be required to guarantee performance of and to guarantee payment to persons supplying labor or materials in the performance of the contract. See FAR Clause 52-228.15 Performance and Payment Bonds - Construction incorporated in full text in Section I of the contract.

b. If the contract price exceeds $100,000 within 10 calendar days after the prescribed bonds are presented to the successful bidder, the bonds shall be executed, each with good and sufficient surety or sureties acceptable to the Government. The bonds shall be furnished to the Contracting Officer in the form of a Performance Bond (Standard Form 25) and Payment Bond (Standard Form 25-A). The penal sums of said bonds are identified below:

(1). Performance Bond. The penal sum of the Performance Bond shall equal 100 percent (100%) of the contract price.

(2). Payment Bond. The penal sum of the Payment Bond shall be 100 percent (100%) of the contract price.

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c. The Performance and Payment Bonds shall be furnished by the Contractor to the Contracting Officer prior to commencement of contract performance. The Performance and Payment Bonds (SF 25 and SF 25A) are contained in Section J.

F.10 LIQUIDATED DAMAGES

FAR 52.211-12 Liquated Damages - Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $4,000.00 for each calendar day of delay until the work is completed or accepted.

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

70FA5019R00000014 Section G

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT PERSONNEL

The Contracting Officer's Representative shall be: To be identified at time of award

G.2 TECHNICAL DIRECTION AND SURVEILLANCE

(a) Performance of the work shall be subject to the surveillance and written technical direction of the, Contracting Officer’s Representative (COR), who shall be specifically appointed by the Contracting Officer in writing. Technical direction is defined as a directive to the Contractor which approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work of documentation items; shifts emphasis among work areas or tasks; or otherwise furnishes guidance to the Contractor. Technical direction includes the process of conducting inquiries, requesting studies, or transmitting information or advice by the COR, regarding matters within the general tasks and requirements in Section C.

(b) The COR does not have the authority to, and shall not, issue any technical direction which:

(1) Constitutes an assignment of additional work outside the Statement of Work;

(2) Constitutes a change as defined in the contract clause entitled "Changes";

(3) In any manner causes an increase or decrease in the total estimated contract cost, the fixed fee (if any), or the time required for contract performance;

(4) Changes any of the expressed terms, conditions, or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the specifications of the contract.

(c) All technical directions shall be issued in writing by the COR.

(d) The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this clause and within his/her authority under the provisions of this clause. Any instruction or direction by the COR which falls within one, or more, of the categories defined in (b)(1) through (5) above, shall cause the Contractor to notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within thirty (30) days after receipt of the Contractor's Letter that:

(1) the technical direction is rescinded in its entirety

(2) the technical direction is within the scope of the contract, does not constitute a change under the "Changes" clause of the contract and that the Contractor should continue with the performance of the technical direction.

(e) A failure of the Contractor and Contracting Officer to agree that the technical direction is within scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of the "Disputes" clause.

(f) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the COR whom the Contracting Officer shall appoint shall be at the Contractor's risk.

G.3 INVOICES

70FA5019R00000014 Section G

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An invoice is a written request for payment under this contract for supplies delivered or for services rendered. Payment of invoices submitted under this contract shall be made in accordance with the terms and conditions of the Prompt Payment clause and in accordance with the provisions of other clauses in this contract. Failure or refusal to provide the following information on all invoices submitted under this contract may result in the invoice being considered improper for payment in accordance with the Prompt Payment clause. In order to be proper, an invoice must include, as applicable, the following:

a. GENERAL INFORMATION

1. Name of Contractor

2. Invoice date

3. Contract number (including order number, if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total.

4. Shipment number and date of shipment (bill-of-lading number and weight of shipment will be shown for shipments on Government bills of lading).

5. Name, title, phone number and complete mailing address of responsible Official who can be contacted in the event of an improper invoice, if there are questions, or additional information is needed by this agency to process payment.

6. Any other information or documentation required by other provisions of the Contract (such as evidence of shipment).

7. Invoices shall be prepared and submitted as follows:

Number Distribution

Original and 1 copy Federal Emergency Management Agency 19844 Blue Ridge Mountain Road Budget/Bldg 405 Mount Weather, VA 22611-0129

One copy Jay D. Cohen Contracting Officer Federal Emergency Management Agency Mount Weather Emergency Operations Center Bldg. 437(4th Floor / Office 435) 19844 Blue Ridge Mountain Road Mount Weather, VA 20135-2006

One copy {Name of COR}- To be identified at time of award Federal Emergency Management Agency Mount Weather Emergency Operations Center Bldg. 772 19844 Blue Ridge Mountain Road

Mount Weather, VA 2013 5-2006

b. ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION

1. As mandated by the Debt Collection Improvement Act (DCIA) of 1996 and in accordance with FAR Clause 52.232-33- Payment By Electronic Funds –System For Award Management (JUL 2013) of this contract, all payments under this contract will be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2) of this clause.

70FA5019R00000014 Section H

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 SUBCONTRACTING PLAN

The successful offeror or offerors, if more than one contract is awarded under this solicitation, will be required to submit a subcontracting plan. The subcontracting plan submitted will include the goals set forth below for each socio-economic grouping listed. The goals will be applied to the total value of each year of performance. For example, if the total value of the contract for each year is $1 million and the total period of performance is a base year and four one-year options, the subcontracting goal for all small businesses for the base year and every option year is $400,000 for a total of $2 million over the life of the contract. Each subcontracting plan submitted will be reviewed to determine whether the successful offeror or offerors have submitted an acceptable subcontracting plan. See Section L for additional instructions on the submission of the subcontracting plan.

SB Category 2019 Goal Overall Small Business 23% Overall SDB Prime 5% HuBZone 3%

WOSB 5%

SDVOSB 3%

H.2 CONFIDENTIALITY OF INFORMATION

(a) To the extent that the work under this contract requires that the Contractor be given access to sensitive or proprietary business, technical, or financial information belonging to the Government or other companies, the Contractor shall, after receipt thereof, treat such information as confidential and not appropriate such information to its own use or disclose such information to third parties unless specifically authorized by the Contracting Officer in writing. The foregoing obligations, however, shall not apply to information that--

(1) At the time of receipt by the Contractor, is in the public domain

(2) Is published by others after receipt thereof by the Contractor or otherwise becomes part of the public domain through no fault of the Contractor

(3) The Contractor can demonstrate was already in its possession at the time of receipt thereof and was not acquired directly or indirectly from the Government or other companies

(4) The Contractor can demonstrate was received by it from a third party that did not require the Contractor to hold it in confidence.

(b) The Contractor shall obtain from each employee permitted access a written agreement, in a form satisfactory to the Contracting Officer, that he/she will not discuss, divulge or disclose any such information or data to any person or entity except those persons within the Contractor's organization or the Government directly concerned with the performance of the contract.

H.3 CONTRACTOR UTILIZATION OF GOVERNMENT FACILITIES

(a) The effort required to be accomplished under this contract must be performed at a Government owned facility. The Contractor, therefore, will be granted ingress and egress at the specific facility where effort is to be performed.

(b) While Contractor personnel are at the Government facility, they are required to comply with all rules and regulations of the facility, specific mention being made of complying with rules and regulations governing conduct with respect to health and safety not only as they relate to themselves but also to other personnel who are Government employees or agents of the Government and to property at the site regardless of whether or not title to such property vests with the Government. Contractor personnel whose duties require their presence at a Government facility shall be clearly identifiable by the wearing of a distinctive

H-2 badge obtained by the Contractor from the government. Prescribed identification for all Contractor personnel and access to the Government facility contained within the Mount Weather Access can be found in “Attachment B” within Section J of this contract.

H.4 DRAWING/SPECIFICATION OMMISSIONS OR DISCREPANCIES

a. Omissions from the drawings or specifications or the misdescription 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 misdescribed details of work but they shall be performed as if fully and correctly set forth and described in the drawings and specifications.

b. The Contractor shall check all drawings furnished him/her immediately upon their receipt and shall promptly notify the COR of any discrepancies. Figures marked on drawings shall, in general, be followed in preference to scale measurements. Large scale drawings shall, in general, govern small scale drawings. The Contractor shall compare all drawings and verify the figure before laying out the work.

H.5 SAFETY

a. General: The contractor shall provide a written Safety Plan for approval to the Contracting Officer & COR 20 calendar days after contract award.

b. The Contractor shall designate an employee responsible for the overall supervision of accident prevention activities. Such duties shall include: (1) assuring applicable safety requirements are incorporated in work methods and (ii) inspecting the work to ensure the safety measures and instructions are actually applied.

c. As part of the Contractor’s safety program, the Contractor shall have scheduled meetings with employees to ensure the safety of all government employees, guests and contractor employees while on location were the work is being performed.

d. Accident investigation: Chargeable accidents are to be investigated by both the Contractor and the Government.

e. Accident reporting: The prime Contractor will report to the Contracting Officer and the Contracting Officer’s Representative (COR) all injuries to his employees and employees of subcontractors that require examination by a doctor and all damages to property and/or…