70LART25RPFB00001.pdf

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

A Solicitation/Contract Form 1

B Supplies or Services and Prices/Costs 10

C Description/Specifications/Statement of Work 16

D Packaging and Marking 17

E Inspection and Acceptance 18

F Deliveries or Performance 20

G Contract Administration Data 24

H Special Contract Requirements 31

I Contract Clauses 57

J List of Attachments 97

K Representations, Certifications, and Other Statements of Offerors 98

L Instructions, Conditions, and Notices to Offerors 109

M Evaluation Factors for Award 119

A - SOLICITATION/CONTRACT FORM

A.1 CLAUSES:

CONTRACTING OFFICER’S SPECIAL INSTRUCTIONS

A.2 This procurement is a 100% HUBZone set aside.

A.3 This contract has a guaranteed minimum of $50,000. The maximum estimated value of the IDIQ shall NOT exceed $33,000,000 for the life of the contract. The estimated execution per year for planning purposes is approximately $6,000,000, but this is NOT guaranteed. Task Orders will typically range from $2,000 to $750,000 and may involve a variety of trades including but not limited to architectural, mechanical, civil, structural, roofing, demolition, electrical, environmental support, carpentry, roadwork, painting, plumbing, and masonry.

A.4 The due date and time for proposals is 14 May 2025 at 2:00 PM (Local Time – Artesia, NM).

Proposals shall be submitted via email to william.a.hilliard@fletc.dhs.gov prior to the due date and time.

See Section L for detailed proposal instructions.

A.5 A Pre-Proposal Site Visit has been scheduled for 23 April 2025 at 10:00 AM (Local Time – Artesia, NM). Offerors who wish to inspect the proposed work site shall meet with the Government Representatives at the scheduled time and place. The site visit is not mandatory, but offerors are highly encouraged to attend. See Section L, Provision 52.236-27 Site Visit.

A.6 Offerors shall submit proposals in strict accordance with instructions, clauses, and provisions in Section K and Section L. Pay careful attention to the bonding requirements at Section G, Section I, and Section L.

A.7 Mailed or facsimile offers will NOT be accepted.

A.8 Pre-Proposal Inquires (PPIs) regarding this solicitation shall be submitted in writing to the Contracting Officer by e-mail at william.a.hilliard@fletc.dhs.gov. The Pre-Proposal Inquiry (PPI) form provided in Section J shall be used and should include sufficient detail to answer the question properly.

The PPIs shall reference the SOW/Specification/Drawing section including the paragraph number as applicable. Verbal inquiries will not be accepted. Responses to PPIs will be provided by an Amendment posted on the www.sam.gov website. Inquiries must be submitted no later than 28 April 2025 at 10:00 AM (Local Time – Artesia, NM) to allow adequate time for written response prior to receipt of offerors.

The Government may not respond to PPIs submitted late.

A.9 The Unit Price Book (UPB) used on this contract will be the R.S. Means Facilities Construction Data, current edition. Offerors shall provide a coefficient proposal as outlined in Section L for consideration.

A.10 Offerors should pay special attention to the strict security requirements contained in Section H of the solicitation.

A.11 Product substitution shall be discussed at the task order level as applicable.

A.12 Amendments will be posted to the www.sam.gov website. All interested offerors must have their firms registered on www.sam.gov. It is the offeror’s responsibility to check the website regularly for any amendments to the solicitation.

A.13 This action is solicited utilizing source selection methodology of TRADEOFF to achieve best value to the Government. Offerors are advised to pay particular attention to proposal requirements at Section L and evaluation criteria in Section M.

END OF SECTION A

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM DESCRIPTION CO-EFFICIENT

X001 Work performed at Federal Law Enforcement Training Centers, Artesia, NM Facility

Coefficient for Pre-Priced items for Normal Working Hours __________

Coefficient for Pre-Priced items for Other Than Normal Working Hours __________

Coefficient for Non Pre-Priced Items __________

NOTES:

1. Contract term includes a 12-month base period and four 12-month option periods with a possible six-month extension. The coefficient will remain the same throughout the life of the contract.

2. The current edition of the R.S. Means Facilities Construction Cost Works, Facilities Construction Data, at the time of contract award, shall be used. At the beginning of each calendar year, within 30 days, the new edition of the R.S. Means Facilities Construction Cost Data will be automatically incorporated into the contract.

3. “X” represents the base plus each option period to include the six-month extension. X represents 0,1,2,3,4,5.

B.1 GENERAL INTENTION

This solicitation does not constitute award or authorization to begin work.

It is the intention of this procurement to provide a contract vehicle for various construction, alteration, and repair of Government facilities at the Federal Law Enforcement Training Centers (FLETC) by means of a single indefinite delivery/indefinite quantity (IDIQ) contract for a base period of 12 months with an additional four 12-month option periods to be exercised at the Government’s discretion in accordance with FAR 52.217-9 Option to Extend the Term of the Contract. In addition, the Government is including a six-month option period to extend services in accordance with FAR 52.217-8 Option to Extend Services.

Delivery or performance for each task order shall be negotiated in accordance with ordering procedures in Section G.

B.2 SERVICES AND PRICES

The Contractor shall perform any and all functions specified in Section C in accordance with the scope of work and appropriate specification sections from the Unified Federal Guide Specifications contained in individual Task Orders under this contract. Services for the base period (and subsequent option periods, if exercised) shall be at the unit prices specified in R.S. MEANS FACILITIES CONSTRUCTION COST DATA, using bare costs for labor, material, and equipment. The sum total of the bare costs for labor, material and equipment required for each task order shall be adjusted by the City of Roswell, NM, Cost Index Weighted Average, current edition at time of award, multiplied times the applicable contractor coefficients.

The City of Roswell, NM, Cost Index Weighted Average shall be adjusted in accordance to the published R.S.

Means City Cost Index Quarterly Adjustment. Prices for Option Period 1 thru Option Period 4 and six-month extension period will be at the unit prices specified in that years R.S. MEANS edition adjusted by the City Cost Index as previously described, multiplied times the base period coefficient.

During the execution of this contract, the contractor will perform site investigations, submit proposals for evaluation, obtain digging/burning/welding permits, and negotiate fair and reasonable prices in anticipation of award of an individual task order. The Government does not guarantee that proposed individual projects will be awarded or will come to full term. A proposal charge against individual projects that are not awarded is not allowable as a direct cost. This type of effort is considered part of doing business and is understood to be absorbed through the contractor’s price coefficient.

B.3 OFFER

a. The solicitation will include the following Coefficients for the Base Period and each Option Period:

1. Coefficient for Normal Working Hours: This coefficient applies to work accomplished during normal working hours specified in Section H.

2. Coefficient for Other Than Normal Working Hours: This coefficient applies to work accomplished after the hours specified in Section H and on Saturdays, Sundays, and Holidays.

3. Coefficient for Non-Pre-priced Items.: This coefficient applies to non-prepriced items as defined in Section B.

b. Historical Workload Allocation:

1. Regarding Normal Working Hours and Other Than Normal Working Hours, the percentage of work historically performed under each category is as follows:

Normal Working Hours 97%

Other Than Normal Working Hours 3%

2. Regarding Pre-Priced Items and Non Pre-Priced Items, the percentage of work historically performed under each category is as follows:

Pre-Priced Items 95%

Non Pre-Priced Items 5%

This is merely an estimate of the types of services required. The Government does not guarantee that the services required will be in conformance with the above percentages nor is there a limitation on the percentage of non-prepriced items, or other than normal working hours, on any task order.

c. The bid coefficient shall be a factor that is expressed as no change, an increase, or decrease from the unit prices specified in the R.S. MEANS FACILITIES CONSTRUCTION COST DATA, current edition at time of award, using bare costs for labor, material and equipment adjusted by the City Cost Index Weighted Average for Roswell, NM, as previously described in Section B. The following is offered as an example of the coefficient:

No Change = 1.00 Increase = 1.05 Decrease = 0.95

The Contractor’s price coefficients (Normal Working Hours, Other than Normal Working Hours, and Non-prepriced) must contain but is not limited to the following items:

1. Prime Contractor’s and subcontractor field overhead

2. Indirect labor with social security contribution

3. Workman’s compensation insurance, FUTA, and SUTA

4. Preparation of as-built drawings

5. Mobilization of field office trailer/dumpster, and laydown area, including setup

6. Demobilization of field office trailer, dumpster, and laydown area

7. Attending government meetings

8. General and Administrative (G&A) expenses (Home Office Overhead)

9. Company officers and support staff

10. Superintendents

11. Quality control, including daily Quality control reports

12. Submittal preparation

13. On-site Management Expenses

14. R.S. Means Online Cost Data and all applicable updates

15. Incidental engineering services

16. Utility services

17. Material waste allowances for task orders with less than 10 cubic yards of waste (coefficient includes hauling to dumpster at office trailer/laydown area and disposal)

18. Profit

19. Any differences in labor costs between R.S. Means Labor rates and applicable the Construction

Requirements Statute Wage Determinations (previously known as Davis Bacon.)

20. All requirements in R.S. Means Online Cost Data, excluding those Non Pre-Priced Items identified in Section.

21. All requirements in R.S. Means Online Cost Data line items outlined as “Minimum Labor/Equipment Charge”.

22. Estimating, scheduling, Quality Control and Planning.

23. Protection of furniture and portable equipment that is not required to be moved to perform the work.

24. Initial Performance Bond Premium for Overall Contract

d. The relevant coefficients will be applied to the R.S. Means Facilities Construction Cost Data for the bare costs for labor, material and equipment required for each task order as adjusted by the City of Roswell, NM, Cost Index Weighted Average, current edition at time of award and updates.

e. The successful Offeror shall be required to obtain R.S. Means Facilities Construction Cost Data, current edition at time of award and subsequent contract years, at no additional cost to the Government.

f. Any change in the applicable minimum hourly wage rates during the term of the contract, including any option years, shall not affect the unit price to be paid by the Government for work performed under the contract. See Section J for the Construction Wage Rate Requirements Determinations (Davis-Bacon Wage Determinations) applicable to this contract. The Construction Wage Rate Requirements Determination, current at the beginning of each renewal option period, shall be incorporated into the contract. No adjustment to coefficients will be made to the contract as a result of incorporation of new Wage Determinations, since any change in labor costs caused by inflation/deflation will be accounted for by incorporation of the current edition of R.S. MEANS Facilities Construction Cost Date each January and published quarterly updates (see applicable clauses in Section I).

g. The Government will NOT make a partial award under the terms of this solicitation.

h. The New Mexico Gross Receipt Tax (NMGRT) will NOT be part of the coefficient derivation. During delivery order proposal development, the successful contractor must discern if the NMGRT applies to the specification. Information can be obtained at www.tax.newmexico.gov. If the successful contractor determines it is applicable, the contractor will use R.S. Means in the manner described in the solicitation, to include coefficient application. Once that cost is determined, the successful contractor will then apply the NMGRT to the action as part of the final proposed price.

B.4 COEFFICENTS

a. Pre-Priced Normal Working Hours. Offerors shall perform any or all functions, during normal working hours, per the scope of work and the applicable specification sections contained herein and in individual task orders awarded under this contract for the R.S. Means Construction Cost Data required for each task order, multiplied times the Normal Working Hours coefficient. Buildings may be occupied during Normal Working Hours.

b. Pre-Priced Other Than Normal Working Hours. Offerors shall perform any or all functions during other than normal working hours per scope of work and the applicable specification sections contained herein and in individual task orders awarded under this contract for the R.S. Means Construction Cost Data required for each task order, multiplied times the Other Than Normal Working Hours coefficient.

c. Non-Pre-Priced. Offerors shall perform all work in accordance with the task order scope of work and the applicable specification sections contained herein for items that are negotiated as a Non-Pre-Priced item, multiplied times the Non Pre-Priced coefficient.

B.5 MINIMUM AND MAXIMUM CONTRACT VALUE

The guaranteed minimum quantity of work which will be required under this contract, and which will be initiated by one or more task orders is $50,000 (this includes all line items, i.e., normal working hours, other than normal working hours, and non-prepriced). The maximum estimated value of the IDIQ shall NOT exceed $33,000,000 for the life of the contract. The estimated execution per year for planning purposes is approximately $6,000,000. This is for planning purposes only and is NOT guaranteed. Task orders will typically range from $2,000 to $750,000 and may involve a variety of trades including but not limited to architectural, mechanical, civil, structural, roofing, demolition, electrical, environmental support, carpentry, roadwork, painting, plumbing, and masonry.

B.6 NON-PRE-PRICED ITEMS

a. Non-prepriced items are defined as construction materials, services and work which are not listed by the R.S, Means Facilities Construction Cost Data book, and that have not been added to be pre-priced items list via modification to the basic IDIQ. Also, the Government reserves the right to request proposal based on non-prepriced methodologies for any project. Competitive quotes shall be used by the contractor for non-prepriced items. R.S. Means will not be used whatsoever in competitive quotes in pricing methodologies. Non-prepriced items are subjected to the procedures described in the paragraphs below.

b. The Contractor need not have more than one quote for non-prepriced line items under $2,000 provided that the Contractor ensures that fair and reasonable prices are obtained for services or materials. In excess of $2,000 the Contractor will make every effort to obtain a minimum of three quotes from qualified subcontractors. Any circumstances precluding the minimum three quotes will be justified within the Contractor’s proposal. The Contractor shall maintain complete supporting documentation (including responsibility and responsive checks) necessary to provide a complete and accurate audit trail of all actions for the Contracting Officer’s review.

c. For each component or task required to perform each non-prepriced item, the Contractor’s proposal shall include the following:

1. Written verification from R.S. Means that the item that is not included within the R.S. Means

Facilities Construction Cost Data edition being utilized at the time of the action is cited by the Contractor.

2. Item Description

3. Direct Labor Hours

4. Wage Rate for Trade(s) Performing Task

5. Hourly Fringe Benefit Rate for Trade Performing Task

6. Description of Proposed Material

7. Number of Units of Material

8. Cost Per Unit of Material (Direct/Base Costs Only)

9. Description of Proposed Equipment

10. Time for which Equipment will be Required

11. Rental Rate for Equipment (Direct/Base Costs Only)

12. Schedule of Prices (if required)

The Contractor shall also be required to submit supporting subcontractor data for non-prepriced supplies/services for items to be used to complete the task at hand. The Government will analyze and verify all submitted non-prepriced information and/or documentation to ensure that the prices are fair and reasonable.

d. Upon completion of negotiations of non-prepriced item(s), which are within the scope and general intent, and at the discretion of the Contracting Officer, these items may be converted to prepriced items. This conversion will be accomplished by the issuance of a modification to the contract for inclusion and may be used for all future task orders. Added line items of work shall be performed at the negotiated unit price that will include the non-prepriced coefficient. Non-prepriced work shall be so noted on each task order and appropriate coefficient applied.

END OF SECTION B

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Statement of Work (SOW) and Division 01 – General Requirements Specifications associated with this contract are included as attachments under Section J.

The remaining Unified Facilities Guide Specifications identified in the Statement of Work (SOW) dated 20 March 2025 are available at https://www.wbdg.org/dod/specsintact. Contractors shall use the most current UFG Specification available during Task Order execution.

END OF SECTION C

SECTION D – PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

(a) All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the U.S. Government. Preservation, packaging and packing shall be in accordance with standard practices for commercial packaging.

(b) Government personnel are not authorized to accept deliveries for the contractor, nor are they responsible for off-loading shipments. A contractor representative must be present to accept deliveries.

END OF SECTION D

SECTION E – INSPECTION AND ACCEPTPANCE

E.1 CLAUSES:

52.246-12 Inspection of Construction. (AUG 1996)

E.2 ACCEPTABILITY OF CONTRACTOR’S INSPECTION SYSTEM

Contractor’s inspection system required pursuant to FAR 52.246-12, provision entitled “Inspection of Construction,” shall provide for identity of:

(a) The nature of observations made

(b) The number and type of deficiencies

(c) Action taken in connection with deficiencies; and

(d) The acceptability of material and workmanship.

E.3 INSPECTION BY REGULATORY AGENCIES

Work performed under this contract is subject to inspection by state and Federal Government Regulatory agencies including, but not limited to, those described below:

(a) Federal and State Occupational Health and Safety Agency (OSHA) Officials

(b) Department of Labor (DOL)

The Contractor shall cooperate with regulatory agencies and shall provide personnel to accompany the inspection team. Contractor personnel shall be knowledgeable concerning the work being inspected and participate in responding to all requests for information, inspection or review findings by regulatory agencies.

E.4 GOVERNMENT QUALITY ASSURANCE

In accordance with the FAR 52.246-12, Inspection of Construction, each task order is subject to Government inspection, during the Contractor’s operations and after completion of the project. The Government’s Quality Assurance is not a substitute for Quality Control by the Contractor. All costs associated with rework of unsatisfactory or non-performed work will be the responsibility of the Contractor.

E.5 ACCEPTANCE

The performance and quality of work delivered by the Contractor, including services rendered and any documentation or written complied, shall be subject to inspection, review, and acceptance by the Government.

All work shall be completed within the time specified on each task order, including correction of deficiencies noted during the final inspection.

E.6 INSPECTIONS PRIOR TO FINAL ACCEPTANCE

(a) Contractor Self-Inspection. Prior to the completion date of each task order, the Contractor’s Quality Control Manager shall conduct a self-inspection of the site and document all items needing correction by means of a punch list. The corrected punch list shall be provided to the Contracting Officer’s Representative at the same time the pre-final inspection is requested. All punch list items must be corrected prior to requesting the pre-final inspection.

(b) The Contractor and the Contracting Officer’s Representative will jointly conduct a pre-final inspection prior to requesting a final inspection. Any item needing correction shall be noted on the Pre-Final Inspection Punch List. Any discrepancies noted will be corrected prior to any final inspection. The Contracting Officer Representative may schedule more than one pre-final inspection if he determines it necessary.

(c) When the Contractor is ready for final inspection, he will request final inspection in writing to the

Contracting Officer and COR. A copy of the Pre-Final Punch List shall be attached to this request with the corrective action taken noted. The final inspection will be requested at least 48 hours before the desired date.

(d) The final inspection shall be performed with the Contractor by the COR, Contracting Officer, Safety

Officer, and representatives of the using activity. Any discrepancies noted will be corrected within the time specified in each task order for the completion of work.

(e) Prior to close-out and final payment of each task order, the following are required:

(1) All submittals. To be submitted as required by each task order and may include product submittals, as-builts, manuals, etc.

(2) All warranties. To be submitted with the request for Final Inspection.

(3) Contractor’s Release. To be submitted with the Contractor’s request for final payment.

E.7 PERFORMANCE EVALUATION MEETINGS

(a) The Contractor’s representative shall meet with the Contracting Officer’s Representative weekly during the performance of the contract. Meetings may be adjusted as necessary at the discretion of the Contracting Officer, but not less than monthly.

(b) A mutual effort will be made to resolve all problems identified. Written minutes of meetings will be prepared by the Contractor, as requested by the Contracting Officer. A copy of the minutes shall be forward to the Contracting Officer and the COR. Should the COR not concur with the minutes, they shall state, in writing, to the Contracting Officer any areas of disagreement within three work days.

E.8 QUALITY OF WORK

(a) Workmanship shall be of the highest quality and in the best practices of the trade and shall conform to all the requirements of the federal, state, and county codes; 29 CFR; National Fire Protection Association (NFPA); Southern Building Codes; and other codes that may apply as cited in the task orders.

(b) All replacement materials shall be new and conform to the manufacturer’s specifications and standards. Substitute items shall be equal or better than the original material and be approved by the Contracting Officer.

END OF SECTION E

SECTION F – DELIVERIES OR PERFORMANCE

F.1. CLAUSES:

52.211-13 Time Extensions. (SEP 2000)

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.236-15 Schedules for Construction Contracts. (APR 1984)

52.242-14 Suspension of Work. (APR 1984)

52.242-15 Stop-Work Order. (APR 1989)

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under each task order within 10 calendar days after the date the Contractor receives the award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the time specified in the task order. The time stated for completion shall include final cleanup of the premises. If a task order requires a different commencement time, it will be stated in the task order.

(End of clause)

52.211-12 Liquidated Damages - Construction. (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract or task order, the Contractor shall pay liquidated damages to the Government in the amount established in the task order for each calendar day of delay until the work is completed or accepted. The anticipated liquidated damages rate will be $255.00 per calendar day, as applicable. The daily rate may be higher or lower for individual task orders depending on the projected damage to the Government.

(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.

(End of clause)

52.247-33 F.o.b. Origin, with Differentials. (FEB 2006)

(a) The term "f.o.b. origin, with differentials," as used in this clause, means-

(1) Free of expense to the Government delivered-

(i) On board the indicated type of conveyance of the carrier (or of the Government, if specified) at a designated point in the city, county, and State from which the shipments will be made and from which line-haul transportation service (as distinguished from switching, local drayage, or other terminal service) will begin;

(ii) To, and placed on, the carrier’s wharf (at shipside, within reach of the ship’s loading tackle, when the shipping point is within a port area having water transportation service) or the carrier’s freight station;

(iii) To a U.S. Postal Service facility; or

(iv) If stated in the solicitation, to any Government-designated point located within the same city or commercial zone as the f.o.b. origin point specified in the contract (the Federal Motor Carrier Safety Administration prescribes commercial zones at Subpart B of 49 CFR part 372); and

(2) Differentials for mode of transportation, type of vehicle, or place of delivery as indicated in Contractor’s offer may be added to the contract price.

(b) The Contractor shall-

(1) (i) Pack and mark the shipment to comply with contract specification; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements to protect the goods and to ensure assessment of the lowest applicable transportation charge;

(2) (i) Order specified carrier equipment when requested by the Government; or

(ii) If not specified, order appropriate carrier equipment not in excess of capacity to accommodate shipment;

(3) Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block, and/or brace carload or truckload shipment (when loaded by the Contractor) on or in the carrier’s conveyance as required by carrier rules and regulations;

(4) Be responsible for any loss of and/or damage to the goods-

(i) Occurring before delivery to the carrier;

(ii) Resulting from improper packing and marking; or

(iii) Resulting from improper loading, stowing, trimming, blocking, and/or bracing of the shipment, if loaded by the Contractor on or in the carrier’s conveyance;

(5) Complete the Government bill of lading supplied by the ordering agency or, when a Government bill of lading is not supplied, prepare a commercial bill of lading or other transportation receipt. The bill of lading shall show-

(i) A description of the shipment in terms of the governing freight classification or tariff (or Government rate tender) under which lowest freight rates are applicable;

(ii) The seals affixed to the conveyance with their serial numbers or other identification;

(iii) Lengths and capacities of cars or trucks ordered and furnished;

(iv) Other pertinent information required to effect prompt delivery to the consignee, including name, delivery address, postal address and ZIP code of consignee, routing, etc.;

(v) Special instructions or annotations requested by the ordering agency for bills of lading; e.g., "This shipment is the property of, and the freight charges paid to the carrier will be reimbursed by, the Government"; and

(vi) The signature of the carrier’s agent and the date the shipment is received by the carrier; and

(6) Distribute the copies of the bill of lading, or other transportation receipts, as directed by the ordering agency.

(c) (1) It may be advantageous to the offeror to submit f.o.b. origin prices that include only the lowest cost to the Contractor for loading of shipment at the Contractor’s plant or most favorable shipping point. The cost beyond that plant or point of bringing the supplies to the place of delivery and the cost of loading, blocking, and bracing on the type vehicle specified by the Government at the time of shipment may exceed the offeror’s lowest cost when the offeror ships for the offeror’s account. Accordingly, the offeror may indicate differentials that may be added to the offered price. These differentials shall be expressed as a rate in cents for each 100 pounds (CWT) of the supplies for one or more of the options under this clause that the Government may specify at the time of shipment.

(2) These differential(s) will be considered in the evaluation of offers to determine the lowest overall cost to the Government. If, at the time of shipment, the Government specifies a mode of transportation, type of vehicle, or place of delivery for which the offeror has set forth a differential, the Contractor shall include the total of such differential costs (the applicable differential multiplied by the actual weight) as a separate reimbursable item on the Contractor’s invoice for the supplies.

(3) The Government shall have the option of performing or arranging at its own expense any transportation from Contractor’s shipping plant or point to carrier’s facility at the time of shipment and, whenever this option is exercised, the Government shall make no reimbursement based on a quoted differential.

(4) Offeror’s differentials in cents for each 100 pounds for optional mode of transportation, types of vehicle, transportation within a mode, or place of delivery, specified by the Government at the time of shipment and not included in the f.o.b. origin price indicated in the Schedule by the offeror, are as follows:

_______ (carload, truckload, less-load, _______ wharf, flatcar, driveaway, etc.)

(End of clause)

F.2. CONTRACT PERFORMANCE PERIOD

(a) The contract period shall commence on the award date of the contract and continue for twelve months thereafter. The Government has the option to extend the term of the contract in accordance with the FAR 52.217-9, Option of Extend the Term of the Contract, for an additional four 12-month periods to be exercised at the discretion of the Government, with provisions for one 6-month extension.

(b) Within thirty (30) calendar days after contract award date, the Contractor shall be fully operational and capable of immediately starting work on any required task orders.

(1) Within ten (10) working days after contract award date, the Contractor shall:

(a) Submit Insurance certification in accordance with FAR 52.228-5 (See Section H), Insurance Work on a Government Installation.

(b) Submit required performance and payment bonds in the amount of $50,000 for coverage of the guaranteed minimum quantity (See Section B). Additional bonding will be required to cover any Task Order over $150,000 and to cover the total amount of all open Task Orders.

(c) Submit base access requests for all key personnel (primary and alternate).

(2) Within fifteen (15) working days after contract award date, the Contractor shall:

(a) Meet with the Government representatives for the Preconstruction Conference. Date and time will be established after the contract is awarded.

(b) Initiate mobilization at the FLETC. An area will be identified for the Contractor’s site.

(c) Deliver construction trailer and initiate all necessary utility hook ups.

(d) Provide documents identified in preconstruction conference in Section H.

(3) Within thirty (30) calendar days after contract award date, the Contractor shall:

(a) Have all critical staff members on site.

(b) Be fully operational and capable of immediately starting work on any required task orders.

F.3. EXISTING FURNITURE, EQUIPMENT, AND MATERIALS

The Contractor shall move, protect, and replace all furnishings and portable equipment (except data/communications equipment) located in workspaces to include, but not limited to, offices, classrooms, conference rooms, copy and mail rooms, corridors, kitchens, closets, and other such spaces. This work is included in the coefficient. If unable to remove items from the workspace, the Contractor is responsible to cover, protect, and work around such items for the duration of the task order. If the work required by the individual task order will not allow furniture and portable office equipment to be replaced to its original position, new locations will be designated by the Contracting Officer’s Representative for replacement by the Contractor. FLETC space occupants within a work area are responsible for moving all personal items and work-related materials located on or inside furniture including paper files, office supplies, books, etc.

Computers, printers, servers, phones and other such data/communications equipment located within workspaces will be disconnected, moved, and reconnected by the FLETC. Additional compensation may be negotiated only for moving of contents located in high-density storage areas, such as libraries or storage rooms as determined by the COR.

F.4. OCCUPANCY OF PREMISES

The premises may be occupied during the performance of the work.

END OF SECTION F

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF CORRESPONDENCE

All correspondence and data submitted by the Contractor under this contract or individual task order will reference the contract number and, if applicable, the number and title of the task order.

G.2 CONTRACTING OFFICER

The Contracting Officer (CO) for award of the contract will be a warranted Contracting Officer from the office listed below:

FLETC Procurement Division Procurement Field Branch (PFB) 1300 W Richey Ave Artesia NM 88210

The Contracting Officer (CO) for administration of the contract and each subsequent task order will be determined at time of award of the contract and issuance of an RFP for proposal at the task order level.

G.3 PAYMENT OFFICE ADDRESS

Department of Homeland Security FLETC Finance Division/Contract Payments Building 66 Glynco, Georgia 31524

G.4 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

As indicated in Homeland Security Acquisition Regulation (HSAR) clause 3052.242-72, Contracting Officer's Technical Representative, the Contracting Officer will designate a Contracting Officer's Representative (COR) for each task order to perform functions under the contract such as review or inspection and acceptance of services, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor prior contract/task order award. The designation letter will set forth the authorities and limitations of the COR under the action. The Contracting Officer cannot authorize the COR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. In no event, will any matter deviating from the terms of this contract be effective or binding unless formalized by contractual documents executed by the Contracting Officer. The Contracting Officer for this contract should be informed as soon as possible of any actions or inaction by the contractor or the Government which could change any of the terms, conditions, or completion times stated in the contract. On all matters pertaining to contract terms, the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the contractor, the COR requests effort outside the scope of the contract, the contractor should so advise the COR. If a disagreement exists as to contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without contractual coverage could result in nonpayment.

G.5 ORDERING PROCEDURES

NOTE: It is the Government’s intent to conduct ordering and proposal submission, etc., via paperless means (i.e. email with attachments, etc.) as much as is practicable. Therefore, the contractor at their own expense must ensure adequate technical resources/capabilities are available to accommodate this initiative.

Proposal preparation is deemed a cost of doing business and shall not be reimbursed should request for proposal not come to fruition.

a. The Contracting Officer shall issue a Request for Proposal (RFP) upon identification of a customer requirement for performance under the terms of the contract. The RFP will include the following for each task order:

1. A Government prepared Scope of Work

2. Drawings/Sketches, as applicable

3. Site Visit date and information for technical discussions

4. Estimated time for completion (if required)

5. Liquidate Damages Rate

6. Construction schedule (level of detail required shall be noted)

7. Estimated proposal due date

8. Bid Price Template

b. A site visit is mandatory for each task order Request for Proposal. At the site visit, requirements and scope of work shall be reviewed. The proposal due date will be determined by the Government based on complexity of the project. If the time identified in the RFP is not sufficient, the Contractor will be responsible for notifying the Contracting Officer. Generally, contractor proposals will be due seven calendar days from date of the site visit. Government reserves the right to expedite site visit scheduling on an as needed basis.

c. Contractor shall develop a cost proposal and construction schedule. The Contractor shall provide all necessary services for the planning, estimating, negotiation, and execution of work under the terms of this contract for each Task order. This effort shall include providing services as follows and as applicable:

1. Preparation of cost proposal from the latest editions of the R.S. Means Cost Works, Facilities Construction Data, and contain sufficient detail to ensure that all individual tasks are identified, division summary is provided, along with quantities to ensure the project includes all of the tasks necessary to provide a complete and usable facility. Contractor must use the Bid Price Template and R.S. Means Cost Data sheet must be broken down by division and transpose in task order Bid price template.

2. If a task proposed does not correlate directly to the R.S. Means Facilities Construction Data Cost

Works, stated line items, or if the tasks are not included in the latest editions of UPB, the Contractor must provide justification and rationale as to why the task should be non-prepriced.

3. Preparation of a construction schedule to accomplish the work to include lead time for procurement of materials, construction, submittal submission and review and required inspections. In most instances, a narrative describing the schedule will suffice. On larger task orders, a critical item milestone chart with applicable dates may be in order and shall be included in the request for proposal if necessary.

The Government Project Manager/Contracting Officer’s Representative will decide which schedule submission is appropriate.

4. Proposal shall include consideration of preparation and planning necessary to accomplish the work.

This may include the need for performance of site investigations, obtaining digging/burning/welding permits. This might reasonably include shop drawings, calculations, catalog cuts, specifications, etc.

5. Sufficient detail must be provided to convey adequate information to enable the construction work to be carried out successfully, completely and show all items negotiated and needed for the construction.

The shop drawings, sketches, and layouts must be adequate to support the quality assurance and control functions.

6. Measurements: All work units shall be derived from actual measurements taken. Deductions of square footage for openings shall be made and based on actual measurements. Some examples would be lights in ceiling tile replacement, or windows and door areas in partition walls requiring painting.

7. The Contractor’s task order proposals as well as the resulting task order shall comply with the various governing codes identified herein to include the International Building Code and National Electric Code.

8. The proposal shall identify tasks and quantities to support the scope of work and be presented in an electronic R.S. Means Facilities Construction Cost Works format. These tasks must be in sufficient detail to support the scope of work and any sketches, catalog cuts, or specifications that have been provided. The UPB shall serve as the basis for establishing the value of the work to be performed on a unit price basis.

9. As required by individual task order, the Contractor will be responsible for preparation of submittals, as-built drawings, and shop drawings.

10. Minor design services. The contractor will be required to provide design services as requested by the

Government. If these services are requested, the price shall be negotiated as a non-prepriced item. It is required that these services be provided by properly certified/registered personnel.

11. Electrical products shall meet the recommended energy efficiency levels as listed in Department of

Energy, Federal Energy Management Program, “Buying Energy Efficient Products” edition in effect at time of award.

d. Negotiation and issuance of task order. Upon receipt of the contractor’s proposal, the Government will review the proposal and schedule negotiations if required with the contractor. The Government will negotiate with the contractor, including, but not limited to, applicability of disputed line items, quantities, all non-prepriced items and period of performance/completion date. Performance times shall include times for construction, procurement of materials, submittal submission and review, punch list corrections and final inspection. When the task order has been negotiated, the Contracting Officer will issue the task order to the contractor, on a fixed price basis, in accordance with the terms and conditions of the basic contract. The contractor shall sign a Non-Disclosure Agreement, DHS Form 11000-6, as applicable.

e. One copy of the task order and associated documents will be issued electronically to the Contractor. If the Contractor requires additional copies, it is the Contractor’s responsibility to make additional copies.

G.6 ISSUING TASK ORDERS

a. Services to be furnished under this contract shall be furnished at such times as ordered by the issuance of task orders on Optional Form 347 by a warranted Contracting Officer. All orders issued hereunder are subject to the terms and conditions of this contract. The contract terms and conditions shall govern in the event of conflict with any task order. All task orders will be delivered to the Contractor electronically (via email).

Unless otherwise stated, the issuance of a task order under this contract is the contracting officer’s notice to the contractor to proceed with the work under the task order.

b. Task orders issued shall include, but not be limited to, the following information:

1. Date of order

2. Contract and task order number

3. Appropriation and accounting data

4. Description of the services to be performed

5. Place of performance

6. Period of time in which the services are to be performed

7. Liquidate Damages Rate

8. List of Government-furnished material and the estimated value thereof, if applicable

9. The Construction Wage Requirements Statute (formerly known as Davis-Bacon) wage rates from the basic contract, while not physically attached to individual task orders, are applicable to individual task orders

10. Other pertinent information such as drawings, sketches, and scope of work as appropriate

11. Signature of the warranted Contracting Officer.

c. Oral orders may be placed only by the Contracting Officer. Information described in the paragraph above shall be furnished to the Contractor at the time of placing an oral order and shall be confirmed by issuance of a written Task order on Option Form 347 as soon as practical.

d. Task orders may be modified by the Contracting Officer. Modifications to task orders will be issued on Standard Form 30 and will include the information set forth in the paragraph above as applicable. Task orders may be modified orally by the Contracting Officer in emergency circumstances or when deemed necessary.

Oral modifications shall be confirmed by issuance of a written modification as soon as possible from the time the oral communication modifying the order.

G.7 BONDS - PAYMENT & PERFORMANCE

a. For task orders greater than $35,000, but not greater than $150,000, the contractor shall be required to provide payment protection in the form of a payment bond or irrevocable letter of credit (ILC), unless the Contracting Officer approves another alternative payment protection in accordance with FAR 28.102. The payment protection must be equal to one hundred percent (100%) of the task order price.

b. Performance and Payment bonds will be a mandatory requirement for Task Orders exceeding $150,000.

The Contractor shall be required to provide both payment and performance bonds (SF25 and SF25A) for each task order/combination of task orders at or above $150,000.

c. Penal sums. The penal sums of the performance and payment bonds shall equal one hundred percent (100%) of the task order price or the total of all open task orders issued under the contract.

d. The contractor shall furnish all bonds or alternative payment protection no later than ten (10) calendar days after receipt of the notice of award of the task order. The furnishing of bonds is a part of contract performance and failure to provide bonds within the times specified shall be grounds for default.

G.8 INDIVIDUAL SURETY

a. As prescribed in FAR 28.200, individual sureties are acceptable for all types of bonds except position schedule bonds. In order for the Contracting Officer to determine the acceptability of individuals proposed as sureties, all bidders/offerors who submit bonds which are executed by individual sureties are required to furnish the following information in support of SF 28, Affidavit of Individual Surety with the bond(s):

1. A complete description of real property offered, supported by proof of title, such as by title opinion or abstract of title, and a certified appraisal or tax assessment.

2. C.P.A. certified balance sheet(s) and income statement(s) with a signed opinion for each individual surety.

3. Independent certified appraisal of net value of property offered.

4. Independent Certification by licensed attorney or title company of liens or other encumbrances which exist against all property listed.

5. A current list of all other bonds on which the individual is a surety and bonds for which the individual is requesting to be a surety, together with a statement as to the percent completion of these bonded jobs.

6. Copy of latest Federal and State Income Tax returns including all schedules.

b. This information is necessary to enable the Government to evaluate the sufficiency of the surety. Failure to furnish this information may result in non-approval of the surety and a determination of non-responsibility.

G.9 IRREVOCABLE LETTER OF CREDIT

As prescribed in FAR 28.204-3, an Irrevocable Letter of Credit is acceptable for all types of bonds, if all provisions of FAR 28.204-3 and FAR 52.228-14 are met. FAR 52.228 -14 requires a specific format for the Irrevocable Letter of Credit (the format will be provided upon request) and the letter from the Financial Institution (provided upon request) confirming an Irrevocable Letter of Credit.

G.10 INVOICES

a. All payments under this contract will be made by electronic funds transfer (EFT) in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer—System for Award Management. An invoice is a written request for payment under the contract for supplies delivered or for service rendered. Invoices shall cite the contract and task order number, quantity, price, and total amount of invoice. The sample invoice forms will be given to the successful offeror at the Pre-Construction meeting after contract award. In accordance with FAR Clause 52.232-5, Payments Under Fixed Price Construction Contracts, the Contractor shall furnish proper certification required by the paragraph below on progress payments.

b. Invoices shall be prepared for each task order project by the Contractor and submitted to the assigned Contracting Officer and the assigned Project Manager(s)/ Contracting Officer’s Representative(s)for the associated task order.

c. The Government will pay all proper invoices per the provisions of FAR 52.232-5, Payments Under Fixed Price Construction Contracts, and FAR 52.232-27 Prompt Payment for Construction Contracts.

d. Payment will be based on invoices submitted by the Contractor for satisfactorily completed work. Upon verification of work actually performed and receipt of a proper invoice and any required contractor submittals, invoices will be processed for payment.

1. Task orders of less than thirty (30) days duration, only one (1) invoice shall be submitted per task order.

2. Task orders of more than thirty (30) days duration, progress payments will be made in accordance with…