Research_Support_Building_Draft_RFP.pdf

National Aeronautics and Space Administration

John H. Glenn Research Center Lewis Field Cleveland, OH 44135-3191

February 20, 2018 Reply to Attn of: CH

To: Prospective Offerors

From: NASA Glenn Research Center

Institutional Services Branch (CHC)

Scott D. Haumesser, Contracting Officer

Subject: Research Support Building (RSB) Construction - 80GRC018R0009 - Draft Request for Proposals (DRFP)

It is NASA GRCs intent to potentially award a firm fixed price contract for construction services, based on the requirements as currently stated in the attached draft RFP.

An invitation is hereby extended to your firm to provide comments for the consideration of revising the final version of this document.

Please review the information found in the synopsis that was posted on February 16, 2018.

Thank you for your interest in this matter.

Scott D. Haumesser, Contracting Officer http://www.fbo.gov/

RSB - 80GRC018R0009

SECTION B - SUPPLIES OR SERVICES/PRICES

B.1. SUPPLIES AND SERVICES TO BE FURNISHED CONSTRUCTION

B.2. 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

B.3. TYPE OF CONTRACT-ESTIMATED CONTRACT VALUE

B.4. PRICING SCHEDULE

B.5. 1852.216-78 FIRM FIXED PRICE. (DEC 1988)

B.6. 18-52.214-71 GROUPING FOR AGGREGATE AWARD (MAR 1989)

B.7. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10)

(APR 1984) (As Amended)

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. STATEMENT OF WORK - CONSTRUCTION

C.2. PLACE OF PERFORMANCE

C.3. MANDATED AND REQUIRED TRAINING FOR ONSITE CONTRACTOR AND

SUBCONTRACTOR PERSONNEL (MAR 2017)

C.4. SUPPLEMENTAL INFORMATION

SECTION D - PACKAGING AND MARKING

D.1. GRC 52.211-108 PACKAGING INSTRUCTIONS (SEP 2006)

D.2. GRC 52.211-109 SHIPMENT AND PROTECTION OF MATERIAL AND EQUIPMENT (OCT

2012)

SECTION E - INSPECTION AND ACCEPTANCE

E.1. LISTING OF CLAUSES INCORPORATED BY REFERENCE

E.2. INSPECTION AND ACCEPTANCE

E.3. 1852.246-71 GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS (OCT

1988)

E.4. 1852.246.72 MATERIAL INSPECTION AND RECEIVING REPORT (APR 2015)

SECTION F - DELIVERIES OR PERFORMANCE

F.1. LISTING OF CLAUSES INCORPORATED BY REFERENCE

F.2. PRINCIPAL PLACE OF PERFORMANCE - CONSTRUCTION

F.3. PERIOD OF PERFORMANCE – BASIC AND OPTIONS

F.4. PRE-CONSTRUCTION CONFERENCE

F.5. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

F.6. 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION (SEP 2000)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1. LISTING OF CLAUSES INCORPORATED BY REFERENCE

G.2. GRC 52.245-100 CAPITAL ASSET ACQUISITION (NOV 2015)

G.3. COMMUNICATION SKILLS / DISABILITIES - CONSTRUCTION

G.4. 52.232-5 PAYMENTS UNDER FIXED PRICE CONSTRUCTION CONTRACTS (MAY 2014)

G.5. GRC 52.232-110 PROGRESS PAYMENT BREAKDOWN – CONSTRUCTION (OCT 2012) 21

G.6. 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

G.7. TECHNICAL DIRECTION

G.8. OCCUPATIONAL HEALTH AND SAFETY PROFESSIONAL:

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1. LISTING OF CLAUSES INCORPORATED BY REFERENCE

H.2. SAFETY AND HEALTH – SUPPLEMENT TO 1852.223-70

H.3. GRC 52.223-100 SAFETY AND HEALTH PLAN – GRC SUPPLEMENTAL

REQUIREMENTS (NOV 2013)

H.4. GRC 52.223-98 WASTE REDUCTION REPORTING (JUN 2008)

H.5. PRICE DEDUCTION FOR NON-SATISFACTORY WORK PERFORMANCE

H.6. 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

H.7. 52.236-4 PHYSICAL DATA (APR 1984)

H.8. 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

H.9. SUPERINTENDENCE BY THE CONTRACTOR – SUPPLEMENT

H.10. 52.236-13 ACCIDENT PREVENTION (NOV 1991) ALTERNATE I (NOV 1991)

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

H.12. SUBMITTALS - CONTRACT CLAUSE (52.236-21) SUPPLEMENT

H.13. DOWNTIME AND GOVERNMENT HOLDS

H.14. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

H.15. GRC 52.204-96 PERSONAL IDENTITY VERIFICATION (PIV) CARD ISSUANCE

PROCEDURES (AUG 2006)

H.16. GRC 52.237-91 CONTRACTORS' DUTIES AND RESPONSIBILITIES ON-SITE (DEC 2016)

H.17. USE OF THE MEDICAL/HEALTH SERVICES FACILITIES - CONSTRUCTION

H.18. GRC 52.223-97 RECOVERED MATERIAL REPORTING (FEB 2017)

H.19. GRC 52.236-98 UTILITY SERVICE CHARGES (AUG 1989)

H.20. GRC 52.244-92 SUBCONTRACTING - CONSTRUCTION (AUG 2002)

H.21. 1852.225-70 EXPORT LICENSES (FEB 2000)

H.22. 1852.236-75 PARTNERING FOR CONSTRUCTION CONTRACTS (AUGUST 1998)

SECTION I - CONTRACT CLAUSES

I.1. LISTING OF CLAUSES INCORPORATED BY REFERENCE

I.2. 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (FEB 2012)

I.3. 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS (FEB 1990)(DEVIATION)

I.4. 52.223-3 ALTERNATE I - HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA (JUL 1995)

I.5. 52.223-6 DRUG FREE WORKPLACE (MAY 2001)

I.6. 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR

EPA DESIGNATED PRODUCTS (MAY 2008)

I.7. 52.225-11 BUY AMERICAN ACT CONTRUCTION MATERIAL UNDER TRADE

AGREEMENTS (JAN 2005)

I.8. 52.243-7 NOTIFICATION OF CHANGES (JAN 2017)

I.9. 52.246-21 ALTERNATE I - WARRANTY OF CONSTRUCTION (APR 1984)

I.10. WARRANTY OF CONSTRUCTION SUPPLEMENT

I.11. APPRENTICES TO JOURNEYMEN ALLOWABLE RATIO (52.222-9) SUPPLEMENT

I.12. 1852.228 -75 MINIMUM INSURANCE COVERAGE (OCT 1988)

I.13. RIGHTS IN DATA - CONSTRUCTION

I.14. 1852.215-84 OMBUDSMAN (NOV 2011)

I.15. 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)

SECTION J - LIST OF ATTACHMENTS

J.1. LIST OF ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OF OFFERORS

K.1. 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2012)

K.2. 52.209- 7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1. LISTING OF PROVISIONS INCORPORATED BY REFERENCE:

L.2. 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

L.3. 52.216-1 TYPE OF CONTRACT (APR 1984)

L.4. 52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT – CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (JAN 2005)

L.5. 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.6. ELECTRONIC SUBMISSION OF OFFERS

L.7. SUBMISSION OF QUESTIONS

L.8. OHIO MECHANICS LIEN LAW

L.9. OHIO SALES AND USE TAX

L.10. VETS-100 REPORTING REQUIREMENT

L.11. PROPOSAL SUBMISSION/PROPOSAL CONTENT

SECTION M - EVALUATION FACTORS FOR AWARD

M.1. LIST OF PROVISIONS INCORPORATED BY REFERENCE

M.2. BASIS FOR CONTRACT AWARD

M.3. TECHNICAL PROPOSAL (TECHNICAL CAPABILITY)

M.4. RELEVANT EXPERIENCE AND PAST PERFORMANCE PROPOSAL

M.5. PRICE PROPOSAL

M.6. SOURCE SELECTION DECISION

M.7. RELATIVE IMPORTANCE OF EVALUATION FACTORS

SECTION B - SUPPLIES OR SERVICES/PRICES

B.1. SUPPLIES AND SERVICES TO BE FURNISHED CONSTRUCTION

The contractor shall provide all personnel, facilities, equipment, material, and resources (except as may be expressly stated in this contract as furnished by the Government) necessary to perform the construction work as described in the Description/Specifications/Work Statement. (See

Attachment J.1.A)

(End of Clause)

B.2. 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

B.3. TYPE OF CONTRACT-ESTIMATED CONTRACT VALUE

Firm Fixed Price – More than $10,000,000.

B.4. PRICING SCHEDULE

The Pricing Schedule shall be completed by the bidder and made a part of the offer under block 17 of the Standard Form (SF-1442).

BASE SCOPE - Research Support Building

The Fixed Price Amount for furnishing all services, labor, and material for work delineated in the

Specifications/Statement of Work listed in Attachment A, dated February 1, 2018 and Drawings listed in Attachment B, dated February 1, 2018 (excluding Option Item(s)).

OPTION ONE (1) - Outfitting listed in Attachment B, dated February 1, 2018 for Option 1.

OPTION TWO (2) – Photovoltaic (PV) Array listed in Attachment B, dated February 1, 2018 for Option 2.

OPTION THREE (3) – Dining Bar Expanded Metal Mesh listed in Attachment B, dated February 1, 2018 for Option 3.

OPTION FOUR (4) – Terrazzo Flooring listed in Attachment B, dated February 1, 2018 for Option 4.

OPTION FIVE (5) – Mission Integration Center (MIC) Connector

The Fixed Price Amount for furnishing all services, labor, and material for work delineated in the Specifications/Statement of Work listed in Attachment A, dated February 1, 2018 and

Drawings listed in Attachment B, dated February 1, 2018 for Option 5.

OPTION SIX (6) – Exterior Pavers listed in Attachment B, dated February 1, 2018 for Option 6.

OPTION SEVEN (7) – Food Service listed in Attachment B, dated February 1, 2018 for Option 7.

(End of clause)

B.5. 1852.216-78 FIRM FIXED PRICE. (DEC 1988)

The total firm fixed price of this contract is $ .

B.6. 18-52.214-71 GROUPING FOR AGGREGATE AWARD (MAR 1989)

The Government will evaluate offers and make award on a basis of the aggregate offers for items: Base and Option(s) One (1) through Seven (7).

B.7. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR

52.211-10) (APR 1984) (As Amended)

The Contractor shall be required to (a) commence work under this contract within ten (10) 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 as indicated on the contract.

Any Options exercised after Award of Contract shall be exercised within the period of performance of this contract.

The time stated for completion shall include final cleanup of the premises.

[END OF SECTION]

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. STATEMENT OF WORK - CONSTRUCTION

See Section J.1, Attachment A – Specifications / Statement Of Work.

C.2. PLACE OF PERFORMANCE

The effort required under this contract shall be performed at the following location(s):

NASA Glenn Research Center

21000 Brookpark Road

Cleveland, Ohio 44135

C.3. MANDATED AND REQUIRED TRAINING FOR ONSITE CONTRACTOR AND

SUBCONTRACTOR PERSONNEL (MAR 2017)

Mandated and Required Training for Onsite Contractor and Subcontractor Personnel (March

2017)

The contractor shall ensure that its employees performing onsite at the Glenn Research Center and/or Plum Brook Station complete all federally mandated and Agency/Center required training applicable to the work being performed by those employees. The current mandatory and required training may be found at https://www.grc.nasa.gov/pathways/wp-content/uploads/sites/16/Mandatory-Training-Matrix-Final.pdf

Contractor personnel will be notified when the various training sessions are available for registration or completion via repeated postings on Today@Glenn as the training sessions are added to the System for Administration, Training, and Educational Resources for NASA

(SATERN), and shall complete the training in the manner and within the timeframe specified in the notification.

The contractor shall maintain training records for its onsite employees, and, on an annual basis commensurate with the award date of the contract, provide a compliance report to the

Contracting Officer’s Representative (COR), as evidence of completion of all applicable mandatory and required training. Further, the COR may perform random reviews of the contractor’s training records at any time throughout the performance period of the contract.

The COR will report any failure to comply with the above requirements to the Contracting http://www.grc.nasa.gov/pathways/wp-

Officer for implementation of corrective and/or performance-based actions.

The contractor shall include the substance of this requirement in all subcontracts involving onsite performance at the Glenn Research Center and/or Plum Brook Station.

C.4. SUPPLEMENTAL INFORMATION

Glenn Construction Safety https://www.grc.nasa.gov/smad-ext/construction-safety/

Glenn Safety Manual https://www.grc.nasa.gov/smad-ext/wp-content/uploads/sites/82/gsm-manual.pdf

Environmental Programs Manual https://www.grc.nasa.gov/smad-ext/wp-content/uploads/sites/82/epm-manual.pdf

Occupational Health Programs Manual https://www.grc.nasa.gov/smad-ext/wp-content/uploads/sites/82/ohpm-manual.pdf https://www.grc.nasa.gov/smad-ext/construction-safety/ https://www.grc.nasa.gov/smad-ext/wp-content/uploads/sites/82/gsm-manual.pdf https://www.grc.nasa.gov/smad-ext/wp-content/uploads/sites/82/epm-manual.pdf https://www.grc.nasa.gov/smad-ext/wp-content/uploads/sites/82/ohpm-manual.pdf

SECTION D - PACKAGING AND MARKING

D.1. GRC 52.211-108 PACKAGING INSTRUCTIONS (SEP 2006)

All deliverables under this contract shall be packaged in accordance with: (1) best commercial practice and in a manner that will afford protection against corrosion, deterioration and physical damage during direct shipment and (2) the regulations of the carriers as applicable to the mode of transportation employed.

D.2. GRC 52.211-109 SHIPMENT AND PROTECTION OF MATERIAL AND

EQUIPMENT (OCT 2012)

All shipments shall be addressed to the Contractor. The Contractor shall be responsible for their receipt, unloading, handling, and storage at the site. The Government will not accept deliveries on behalf of the Contractor or Subcontractors or assume any responsibility for security of materials, equipment, or supplies delivered to the site.

The Contractor shall, at all times, protect and preserve all materials, supplies, and equipment of every description (including property which may be Government-furnished or owned) and all work performed. All requests from the Contracting Officer's Representative (COR) to enclose or specially protect such property shall be complied with. If, as determined by the COR, material, equipment, supplies, and work performed are not protected by the Contractor, such property will be protected by the Government and the cost thereof will be charged to the Contractor or deducted from the unpaid retainage under the contract.

SECTION E - INSPECTION AND ACCEPTANCE

E.1. LISTING OF CLAUSES INCORPORATED BY REFERENCE

The following contract clause(s)/provisions are incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause 52.252-2, Clauses Incorporated by Reference, of this contract.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

Clause Number Date Title

52.246-12 AUG 1996 INSPECTION OF CONSTRUCTION

II. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18)

CLAUSES No NASA By reference clauses in Section E.

E.2. INSPECTION AND ACCEPTANCE

Final inspection and acceptance of all work under this contract will be conducted by the

Contracting Officer's Representative (COR) or the Alternate Contracting Officer's Representative

(Alt COR) for this effort. Upon satisfactory completion of the contract, the Contractor shall be paid the fixed-price value of the contract, less the amount of any progress payments made under

FAR Clause 52.232.5, Payments Under Fixed-Price Construction Contracts and any deductions incurred from Section H.5.

E.3. 1852.246-71 GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS

(OCT 1988)

In accordance with Clause E.2. Inspection and Acceptance above, the Government intends to perform the following functions at the locations indicated: Inspection and acceptance of all work shall be performed at NASA Glenn Research Center.

E.4. 1852.246.72 MATERIAL INSPECTION AND RECEIVING REPORT (APR 2015)

a) At the time of each delivery to the Government under this contract, the Contractor shall prepare and furnish a Material Inspection and Receiving Report (DD Form 250 series). The form(s) shall be prepared and distributed as follows:

(b) The Contractor shall prepare the DD Form 250 in accordance with NASA FAR Supplement

1846.6. The Contractor shall enclose the copies of the DD Form 250 in the package or seal them in a waterproof envelope, which shall be securely attached to the exterior of the package in the most protected location.

(c) When more than one package is involved in a shipment, the Contractor shall list on the DD

Form 250, as additional information, the quantity of packages and the package numbers. The

Contractor shall forward the DD Form 250 with the lowest numbered package of the shipment and print the words “CONTAINS DD FORM 250” on the package.

SECTION F - DELIVERIES OR PERFORMANCE

F.1. LISTING OF CLAUSES INCORPORATED BY REFERENCE

fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS

52.211-13 SEP 2000 TIME EXTENSIONS

52.242-14 APR 1984 SUSPENSION OF WORK

52.242-15 AUG 1989 STOP-WORK ORDER

52.242-17 APR 1984 GOVERNMENT DELAY OF WORK

II. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18)

No NASA FAR Clauses included by reference in Section F.

F.2. PRINCIPAL PLACE OF PERFORMANCE - CONSTRUCTION

The effort required under this contract shall be performed at the following location(s):

NASA Glenn Research Center

21000 Brookpark Road Cleveland, Ohio 44135

F.3. PERIOD OF PERFORMANCE – BASIC AND OPTIONS

The initial period of performance for this contract shall be 640 calendar days from the First Notice to

Proceed (NTP) of this contract.

F.4. PRE-CONSTRUCTION CONFERENCE

The Contractor shall meet with the COR within seven (7) calendar days after award for the purpose of presenting a progress schedule, safety program, and other factors relating to the performance of work on-site prior to the commencement of actual on site work.

F.5. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 640 Calendar Days.

F.6. 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION (SEP 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 $2,500.00 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.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1. LISTING OF CLAUSES INCORPORATED BY REFERENCE

fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.232 -11 APR 1984 EXTRAS

52.232 -17 JUN 1996 INTEREST

52.232 - 23 JAN 1986 ASSIGNMENT OF CLAIMS

II. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES

1852.245-72 MAR 1989 LIABILITY FOR GOVERNMENT PROPERTY

FURNISHED FOR REPAIR OR OTHER SERVICES

G.2. GRC 52.245-100 CAPITAL ASSET ACQUISITION (NOV 2015)

A. The following contract line items have been designated by NASA as capital assets*:

Line Item No. Description Quantity Unit Price Total

Price TBD

*A capital asset is an item: 1) With a total acquisition cost of $500,000 or more, 2) With an estimated useful life of 2 years or more, 3) Not intended for sale in the contractor’s ordinary course of operations, 4) Acquired and/or constructed by the contractor with the intention of being used, or being available for use, by NASA, and 5) With a greater than 50% likelihood that the item will be used on another program/project(s) that has not yet commenced.

(Note: Items and/or services with values less than $500,000 that contribute to the acquisition or increased value of a capital asset (e.g. surveys for real property or components for capital equipment) are also subject to capitalization rules. Generally, NASA will inform the contractor if such items and/or services are classified as capital assets.)

B. During contract performance, if the contractor determines a need to acquire or fabricate items that may meet the criteria for capital assets beyond those specified above, the contractor shall submit a written request for approval to the contracting officer. Based on internal review, if the items are determined necessary for contract performance and determined to be capital assets, the contracting officer will modify the contract to: 1) Add separate line items to the contract appropriately, and 2) reference those items in paragraph

(A) of this clause.

C. If NASA Contractor Financial Management Reports (NASA Form (NF) 533’s) are required under this contract, the contractor shall report all costs incurred against each identified capital asset on its own report page on the NF 533’s.

D. The costs incurred for each item designated as a capital asset shall be identified separately on any invoice, voucher, progress payment request, or other authorized payment request submitted by the contractor under this contract.

G.3. COMMUNICATION SKILLS / DISABILITIES - CONSTRUCTION

For the mutual safety of all NASA and Contractor employees, it is required that all personnel working on the site of the NASA Glenn Research Center under the Contractor's employ, as well as the employ of all subcontractors working on site, must be able to communicate and understand written and oral instructions relating to NASA safety procedures and hazard signs. It is recognized and allowed that some employees may utilize devices and take other measures to accommodate otherwise disability conditions, and that American English may not be the native tongue for all employees working on site.

G.4. 52.232-5 PAYMENTS UNDER FIXED PRICE CONSTRUCTION CONTRACTS

(MAY 2014)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting

Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if --

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that --

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

(Name)

(Title)

(Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract

(hereinafter referred to as the “unearned amount”), the Contractor shall --

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until --

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting

Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting

Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as --

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after --

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A “contract action” is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under subparagraph (d)(2) of this clause shall be --

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and

(2) Deducted from the next available payment to the Contractor.

G.5. GRC 52.232-110 PROGRESS PAYMENT BREAKDOWN – CONSTRUCTION (OCT

2012)

In compliance with Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, the

Contractor shall submit a breakdown using the items, major parts, and components that were approved by the Contracting Officer's Representative (COR) for the approved schedule of construction (e.g. Bar Chart). The schedule/price correlation will be used in the assessment of progress payments, and shall separate equipment and material prices from labor prices for each portion of the work. As part of the progress payment breakdown, the Contractor shall identify a minimum or 6% of the total contract value for the following items:

2% - submission of as built drawings

2% - submission of all warranty items and operation and maintenance manuals

2% - completion of all final punch list items

The amounts identified above will be held in their entirety until all work related to these items is complete and accepted by the Government, with the exception of punchlist items as indicated below.

For all work, regardless of value, the Government reserves the right to make incremental payments on the punch list items up to 75% of the total value or until a minimum of $5,000 remains to be paid. The remainder of the value for punch list items shall then be withheld until final payment.

NO PROGRESS PAYMENTS WILL BE MADE UNTIL A PRICE BREAKDOWN

(SCHEDULE OF VALUES) HAS BEEN SUBMITTED AND APPROVED BY THE

GOVERNMENT.

G.6. 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

Notwithstanding any other payment terms in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer.

Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal

Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (a)(3) concerning payments due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments --

(1) Types of invoice payments. For purposes of this clause, there are several types of invoice payments that may occur under this contract, as follows:

(i) Progress payments, if provided for elsewhere in this contract, based on

Contracting Officer approval of the estimated amount and value of work or services performed, including payments for reaching milestones in any project:

(A) The due date for making such payments is 30 days after the designated billing office receives a proper payment request. If the designated billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment due date shall be the 30th day after the date of the Contractor’s payment request, provided the designated billing office receives a proper payment request and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(B) The due date for payment of any amounts retained by the Contracting

Officer in accordance with the clause at 52.232-5, Payments Under Fixed-

Price Construction Contracts, is as specified in the contract or, if not specified, 30 days after approval by the by the Contracting Officer for release to the Contractor.

(ii) Final payments based on completion and acceptance of all work and presentation of release of all claims against the Government arising by virtue of the contract, and payments for partial deliveries that have been accepted by the

Government (e.g., each separate building, public work, or other division of the contract for which the price is stated separately in the contract).

(A) The due date for making such payments is the later of the following two events:

(1) The 30th day after the designated billing office receives a proper invoice from the Contractor.

(2) The 30th day after Government acceptance of the work or services completed by the Contractor. For a final invoice when the payment amount is subject to contract settlement actions (e.g., release of claims), acceptance is deemed to occur on the effective date of the contract settlement.

(B) If the designated billing office fails to annotate the invoice with the date of actual receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor’s invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirement.

(2) Contractor’s invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of this clause. If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt, with the reasons why it is not a proper invoice. When computing any interest penalty owed the Contractor, the Government will take into account if the

Government notifies the Contractor of an improper invoice in an untimely manner.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for work or services performed

(including order number and line item number).

(iv) Description of work or services performed.

(v) Delivery and payment terms (e.g., discount for prompt payment terms).

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) For payments described in paragraph (a)(1)(i) of this clause, substantiation of the amounts requested and certification in accordance with the requirements of the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts.

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of

Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award

Management, or 52.232-34, Payment by Electronic Funds Transfer—

Other Than System for Award Management), or applicable agency procedures.

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

(xi) Any other information or documentation required by the contract.

(3) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

(i) The designated billing office received a proper invoice.

(ii) The Government processed a receiving report or other Government documentation authorizing payment and there was no disagreement over quantity, quality, Contractor compliance with any contract term or condition, or requested progress payment amount.

(iii) In the case of a final invoice for any balance of funds due the Contractor for work or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

(4) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5

CFR part 1315.

(i) For the sole purpose of computing an interest penalty that might be due the

Contractor for payments described in paragraph (a)(1)(ii) of this clause, Government acceptance or approval is deemed to occur constructively on the 7th day after the Contractor has completed the work or services in accordance with the terms and conditions of the contract. If the actual acceptance or approval occurs within the constructive acceptance or approval period, the Government will base the determination of an interest penalty on the actual date of acceptance or approval. Constructive acceptance or constructive approval requirements do not apply if there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. These requirements also do not compel

Government officials to accept work or services, approve Contractor estimates, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the

Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the

Contractor shall resolve claims involving disputes, and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

(5) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315.

(6) Additional interest penalty.

(i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty amount only if--

(A) The Government owes an interest penalty of $1 or more;

(B) The designated payment office does not pay the interest penalty within

10 days after the date the invoice amount is paid; and

(C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph

(a)(6)(ii) of this clause, postmarked not later than 40 days after the date the invoice amount is paid.

(ii)

(A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall --

(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required;

(2) Attach a copy of the invoice on which the unpaid late payment interest was due; and

(3) State that payment of the principal has been received, including the date of receipt.

(B) If there is no postmark or the postmark is illegible--

(1) The designated payment office that receives the demand will annotate it with the date of receipt provided the demand is received on or before the 40th day after payment was made; or

(2) If the designated payment office fails to make the required annotation, the Government will determine the demand’s validity based on the date the Contractor has placed on the demand;

provided such date is no later than the 40th day after payment was made.

(b) Contract financing payments -- If this contract provides for contract financing, the

Government will make contract financing payments in accordance with the applicable contract financing clause.

(c) Subcontract clause requirements. The Contractor shall include in each subcontract for property or services (including a material supplier) for the purpose of performing this contract the following:

(1) Prompt payment for subcontractors. A payment clause that obligates the Contractor to pay the subcontractor for satisfactory performance under its subcontract not later than

7 days from receipt of payment out of such amounts as are paid to the Contractor under d

(2) Interest for subcontractors. An interest penalty clause that obligates the Contractor to pay to the subcontractor an interest penalty for each payment not made in accordance with the payment clause --

(i) For the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and

(ii) Computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest penalty.

(3) Subcontractor clause flowdown. A clause requiring each subcontractor to--

(i) Include a payment clause and an interest penalty clause conforming to the standards set forth in subparagraphs (c)(1) and (c)(2) of this clause in each of its subcontracts; and

(ii) Require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier.

(d) Subcontract clause interpretation. The clauses required by paragraph (c) of this clause shall not be construed to impair the right of the Contractor or a subcontractor at any tier to negotiate, and to include in their subcontract, provisions that --

(1) Retainage permitted. Permit the Contractor or a subcontractor to retain (without cause) a specified percentage of each progress payment otherwise due to a subcontractor for satisfactory performance under the subcontract without incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions agreed to by the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of a subcontractor to furnish a performance bond and a payment bond;

(2) Withholding permitted. Permit the Contractor or subcontractor to make a determination that part or all of the subcontractor’s request for payment may be withheld in accordance with the subcontract agreement; and

(3) Withholding requirements. Permit such withholding without incurring any obligation to pay a late payment penalty if --

(i) A notice conforming to the standards of paragraph (g) of this clause previously has been furnished to the subcontractor; and

(ii) The Contractor furnishes to the Contracting Officer a copy of any notice issued by a Contractor pursuant to paragraph (d)(3)(i) of this clause.

(e) Subcontractor withholding procedures. If a Contractor, after making a request for payment to the Government but before making a payment to a subcontractor for the subcontractor’s performance covered by the payment request, discovers that all or a portion of the payment otherwise due such subcontractor is subject to withholding from the subcontractor in accordance with the subcontract agreement, then the Contractor shall --

(1) Subcontractor notice. Furnish to the subcontractor a notice conforming to the standards of paragraph (g) of this clause as soon as practicable upon ascertaining the cause giving rise to a withholding, but prior to the due date for subcontractor payment;

(2) Contracting Officer notice. Furnish to the Contracting Officer, as soon as practicable, a copy of the notice furnished to the subcontractor pursuant to subparagraph (e)(1) of this clause;

(3) Subcontractor progress payment reduction. Reduce the subcontractor’s progress payment by an amount not to exceed the amount specified in the notice of withholding furnished under subparagraph (e)(1) of this clause;

(4) Subsequent subcontractor payment. Pay the subcontractor as soon as practicable after the correction of the identified subcontract performance deficiency, and --

(i) Make such payment within --

(A) Seven days after correction of the identified subcontract performance deficiency (unless the funds therefor must be recovered from the

Government because of a reduction under subdivision (e)(5)(i)) of this clause; or

(B) Seven days after the Contractor recovers such funds from the

Government; or

(ii) Incur an obligation to pay a late payment interest penalty computed at the rate of interest established by the Secretary of the Treasury, and published in the

Federal Register, for interest payments under 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest penalty;

(5) Notice to Contracting Officer. Notify the Contracting Officer upon --

(i) Reduction of the amount of any subsequent certified application for payment;

or

(ii) Payment to the subcontractor of any withheld amounts of a progress payment, specifying --

(A) The amounts withheld under subparagraph (e)(1) of this clause; and

(B) The dates that such withholding began and ended; and

(6) Interest to Government. Be obligated to pay to the Government an amount equal to interest on the withheld payments (computed in the manner provided in 31 U.S.C.

3903(c)(1)), from the 8th day after receipt of the withheld amounts from the Government until --

(i) The day the identified subcontractor performance deficiency is corrected; or

(ii) The date that any subsequent payment is reduced under paragraph (e)(5)(i) of this clause.

(f) Third-party deficiency reports --

(1) Withholding from subcontractor. If a Contractor, after making payment to a first-tier subcontractor, receives from a supplier or subcontractor of the first-tier subcontractor

(hereafter referred to as a “second-tier subcontractor”) a written notice in accordance with

40 U.S.C. 3133, asserting a deficiency in such first-tier subcontractor’s performance under the contract for which the Contractor may be ultimately liable, and the Contractor determines that all or a portion of future payments otherwise due such first-tier subcontractor is subject to withholding in accordance with the subcontract agreement, the

Contractor may, without incurring an obligation to pay an interest penalty under paragraph (e)(6) of this clause --

(i) Furnish to the first-tier subcontractor a notice conforming to the standards of paragraph (g) of this clause as soon as practicable upon making such determination; and

(ii) Withhold from the first-tier subcontractor’s next available progress payment or payments an amount not to exceed the amount specified in the notice of withholding furnished under paragraph (f)(1)(i) of this clause.

(2) Subsequent payment or interest charge. As soon as practicable, but not later than 7 days after receipt of satisfactory written notification that the identified subcontract performance deficiency has been corrected, the Contractor shall --

(i) Pay the amount withheld under paragraph (f)(1)(ii) of this clause to such first-tier subcontractor; or

(ii) Incur an obligation to pay a late payment interest penalty to such first-tier subcontractor computed at the rate of interest established by the Secretary of the

Treasury, and published in the Federal Register, for interest payments under 41

U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest penalty.

(g) Written notice of subcontractor withholding. The Contractor shall issue a written notice of any withholding to a subcontractor (with a copy furnished to the Contracting Officer), specifying

(1) The amount to be withheld;

(2) The specific causes for the withholding under the terms of the subcontract; and

(3) The remedial actions to be taken by the subcontractor in order to receive payment of the amounts withheld.

(h) Subcontractor payment entitlement. The Contractor may not request payment from the

Government of any amount withheld or retained in accordance with paragraph (d) of this clause until such time as the Contractor has determined and certified to the Contracting Officer that the subcontractor is entitled to the payment of such amount.

(i) Prime-subcontractor disputes. A dispute between the Contractor and subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to paragraph (c) of this clause does not constitute a dispute to which the United States is a party.