Master_BPA_Agreement_Rev.pdf

Solicitation No. 80KSC018Q0028

Kennedy Space Center

Master Electrical Blanket Service Agreement (BPA)

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

John F. Kennedy Space Center

BLANKET PURCHASE AGREEMENT (BPA)

(Reference FAR 13.303)

1. DESCRIPTION OF AGREEMENT

General Information - Guiding Principles

BPA Master Dollar Limit: $5,000,000.00

BPA Call Limit: Simplified Acquisition Threshold (SAT)

Period of Performance: Five (5) years after the date the Agreement is signed by the NASA Contracting Officer

1.1 Description/Specifications

The purpose of this Blanket Purchase Agreement (BPA) is to provide an indefinite quantity of unknown, un-predetermined work for minor electrical construction projects for NASA owned properties at Florida’s Kennedy

Space Center and Cape Canaveral Air Force Station. The Contractor shall furnish all labor, equipment and materials necessary to execute the electrical tasks for each BPA Call under this agreement. NASA anticipates awarding up to ten (10) BPA’s for a potential maximum ordering period of five (5) years. No single BPA Call may exceed the SAT in total cost. The Electrical Construction Services Master Agreement Dollar Limit is

$5,000,000.00 aggregate. The intent of this Master Agreement is to provide the Government with a cost-effective rapid response process to respond to electrical-related tasks at the Kennedy Space Center. All work performed under a BPA Call shall be in compliance with all appropriate local, state, and federal rules, regulations, codes and laws, such as the National Electrical Code.

In accordance with FAR 13.303-3(a)(2), the Government is obligated only to the extent of authorized purchases/calls actually made under the BPA.

The goal of this BPA is to collaborate with local and regional single discipline (electrical) small businesses to introduce competition to increase response time and quality and control cost. Most Calls issued under this BPA will be for single discipline electrical projects where the Government anticipates the BPA partner can solely accomplish in-house without support of other contractors. It is solely at the discretion of the BPA partner to utilize subcontractors or not. There is one known exception to the single discipline targeting - fire alarm repair and/or replacement projects. Due to the nature of fire alarm related projects and KSC’s existing fire alarm infrastructure, all quotes responding to a fire alarm (FA) based BPA Call require documentation of a subcontractor agreement with a licensed Simplex fire alarm subcontractor (valid NICET Level III or is licensed by the State of Florida as a Fire Alarm Contractor I in accordance with Florida State Statutes, Chapter 489 Part

II) for the performance of all termination, programming, and testing requirements. Due to the importance surrounding life safety equipment and life safety system operational readiness to support NASA’s mission, the

Government reserves the right to reject any FA subcontractor for previous poor past performance.

BPA ACCOUNT NO:

1.1.1. Type of Work

As part of a typical BPA Call against the Master Agreement, NASA will provide a Statement of Work

(SOW) to the Contractor to review and determine the level of effort required to complete the project.

The work may include, but not be limited to, the following core capabilities:

Low Voltage

Electric power control panel and outlet installation

Electrical equipment and appliance installation

Fiber optic cable (except transmission lines) installation

Low voltage electrical work

Traffic signal installation

Alternative power generation, such as solar and wind

Switchgear installation, low voltage

Support to Arc Flash Calculation

Transformer installation, low voltage

Lighting

Highway, street and bridge lighting and electrical signal installation

Lighting system installation

Private driveway or parking area lighting

Airport runway lighting

Warehouse, stadium lighting

Lighting retro-fit / replacement LED Fixture selection and installation

Industrial Office lighting installation

Electronics

Building automation system installation

Communication equipment installation

Control systems (e.g., environmental, humidity, temperature) installation

Electronic control installation and service

Environmental control system installation

Humidity control system installation

Intercommunication (intercom) system installation

Public address system installation

Sound equipment installation

Surveillance system, installation only

Telecommunications equipment and wiring (except transmission line) installation

Temperature control system installation

Alarm Support

Alarm system (e.g. fire, burglar), electric, installation only

Fire alarm system, electric, installation only

Security and fire system, installation only

Kennedy Space Center, Merritt Island Wildlife Preserve, Cape Canaveral Air Force Station

Master Electrical Blanket Service Agreement (BPA)

Smoke detection system, installation only

Burglar alarm system, electric, installation only

Electronic Security System (ESS), card reader access, installation only

1.1.2. Specifications.

Each BPA Call will be accompanied by its own statement of work and applicable specifications and drawings.

1.1.3. Location/Place of Performance. Work under this Master BPA shall be performed at Kennedy

Space Center (KSC), FL; Merritt Island Wildlife Refuge; and Cape Canaveral Air Force Station

(CCAFS), FL.

The Program Office is located at:

National Aeronautics and Space Administration (NASA)

Mail Code: OP-CS

Kennedy Space Center, Florida, 32899

The Kennedy Space Center itself does not actually have a physical address because it is comprised of many facilities spread out over 144,000 acres. It does have its own postal zip code of 32899. The

Kennedy Space Center is located on Merritt Island, Florida, the center of which is north-northwest of

Cape Canaveral on the Atlantic Ocean, midway between Miami and Jacksonville on Florida's Space

Coast, due east of Orlando. It is 34 miles (55 km) long and roughly six miles (9.7 km) wide, covering 219 square miles (570 km2). Kennedy Space Center shares a boundary with the Merritt Island National

Wildlife Refuge on Florida’s east coast, where nature and technology co-exist. Kennedy Space Center developed industrial and launch complex areas are comprised of 6,000 acres of land for facilities and roads, and has 7.8 million square feet of buildings, and 564 miles of roads, including 184 miles of paved and 380 miles of unpaved roads. The work area can include portions of the Cape Canaveral Air Force

Station (CCAFS) to the east and the KSC Visitor’s Center to the west

1.1.4. Agreement Performance Period. The period of performance for this agreement shall span a five

(5) year period (30 September 2018 through 29 September 2023). All BPA Calls shall be performed within the performance period specified under the individual call.

1.1.5. Agreement Period. Each BPA Call will establish its own period of performance for work.

1.1.6. Performance of Work.

The Contractor shall furnish all personnel, material, equipment, and transportation required to perform the services required under this statement of work.

The Contractor shall be responsible for the conduct of all Contractor employees and shall inform the Contracting Officer (CO) of any complaints received.

The Contractor shall ensure Contractor personnel are adequately trained or certified to meet the requirements of the statement of work.

Kennedy Space Center - Master Electrical Blanket Service Agreement (BPA)

Scheduling Work. The Contractor shall schedule work to minimize impact on facilities use when possible.

Damage to Government Property. The Contractor shall restore at the Contractor’s expense, and no expense to the Government, any Government property, including but not limited to, facilities, equipment, structures, land, natural resources or other Government property damaged as a result of performing the requirements of this

Agreement and any associated BPA Calls. Repairs shall be made promptly and to the satisfaction of the CO. In addition, the damage shall be reported to the CO within 24 hours of the occurrence. All repairs or replacements made to Government property shall be done using quality workmanship and materials and the damaged property shall be repaired to an equal or better condition than existed prior to the damage. Materials used for replacement shall be new or good as new and shall not be worn out, damaged, or out of date.

Clean Up. Contractor generated debris and rubbish shall be removed from the work site or placed in an appropriate container daily. Debris shall be removed and transported in a manner to prevent spillage on the roads, parking areas, and adjacent areas. The Contractor will be responsible for proper disposal of all materials at an approved disposal site.

1.1.7. Equipment.

The Contractor shall furnish all supervision, labor, materials, tools, supplies, and equipment required for performance of work described in this statement of work. All supplies, materials, and equipment installed by the Contractor shall be new or will require approval by the CO or Contracting Officer’s Representative (COR).

1.2. Inspection And Acceptance

1.2.1. SYSTEMS ACCEPTANCE AND TESTING

Systems tests shall be performed as described below:

(a) SYSTEMS

Systems tests shall be performed on fire protection, fire suppression, HVAC, compressed air and all other assemblies of components which must be tested as an inter-related whole to verify proper functioning.

1.2.2. FINAL INSPECTION AND ACCEPTANCE

Final inspection and acceptance of all work under a Call will be conducted by the COR. Upon satisfactory completion of the BPA Call, the Contractor shall be paid the fixed-price value of the Call, less the amount of any progress payments made under FAR Clause 52.232.5, Payments Under Fixed-Price Construction Contracts, or FAR

Clause 52.237-4, Payment by Government to Contractor.

NOTE: The Government will not pay final invoices until all punch-list, site clean-up, and demobilization activities are complete; final construction drawings are delivered; and final acceptance is made on DD Form

250, Material Inspection and Receiving Report.

1.3 Deliveries And Performance

1.3.1 Commencement and completion dates will be cited in the BPA Calls in accordance with FAR clause 52.211-10

Commencement, Prosecution, and Completion of Work.

1.3.2 NOTIFICATION OF DELAY IN DELIVERY SCHEDULE

The Contractor shall notify the Contracting Officer one day after award of a Call, if the cited schedule cannot be met.

Additionally, if in the performance of a Call, the Contractor finds that it cannot perform as required, the Contractor shall promptly notify the Contracting Officer in writing, and shall indicate when the Call will be accomplished. If the

Government grants an extension to the period of performance schedule, the Government may require consideration if the extension is due to no fault of the Government.

1.3.3. FAR Clauses incorporated by reference in this Agreement and BPA Calls:

FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

FAR 52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)

1.3.4. KSC Clause 52.211-92, WORK PERIOD (MAR 2002)

Contractor's work day will be limited to first shift 7:00 A.M. to 3:30 P.M. on Monday through Friday only. Any other work period will require special/ written approval from the Contracting Officer seven (7) days in advance of proposed change in work periods.

(End of Clause)

2. EXTENT OF OBLIGATION

► The Government is obligated only to the extent of authorized purchases actually made under the BPA.

► This Agreement will be effective for a period of five (5) years after the date the agreement is signed by the NASA

Contracting Officer.

► An annual review will be conducted prior to the beginning of each fiscal year to determine if updates are required.

► This BPA provides for the unilateral discontinuance of this BPA upon 30 days written notice by either party.

3. PURCHASE LIMITATION AND SCHEDULE OF ITEMS

► Purchases under this agreement are limited to the Simplified Acquisition Threshold (SAT) per individual BPA Call.

► The total maximum amount of the BPA shall not exceed $5,000,000.00 aggregate for the duration of the Agreement(s).

► See Section 5.2 for information on BPA Calls.

4. ATTACHMENTS

► Unless otherwise stated, the attachments contained herein apply to the Blanket Purchase Agreement.

► Each individual Call will have its own attachments section as part of the project package.

Attachment

Number

Attachment Title

Date No. of

Pages

J.1. Project Deliverables 2

J.2. KSC Project Specific Requirements 7

J.3. Department of Labor Wage Determination Number

FL180001

08/17/2018 8

J.4. Requirements for Low Voltage Electrical Work at Kennedy Space Center (KSC)

08/14/2018 4

J.5. Blanket Purchase Agreement Safety and Health Plan (SHP) TBD TBD

J.6.

Lockout/Tagout Control Record, KSC Form 28-915 1

J.7.

Lockout/Tagout Lock Control Form, KSC Form 28-916 1

J.8.

Visitor’s Center Back Parking Lot 1

J.9.

Map of Kennedy Space Center, Merritt Island Wildlife

Refuge and Cape Canaveral Air Force Station

J.10.

Section 9. – Acceptable Identity GuidePro

5. AGREEMENT ADMINISTRATION

5.1 Individuals Authorized To Purchase Under The BPA.

► A designated warranted Contracting Officer from the OP-CS office will serve as the Contracting Officer on this BPA and all subsequent BPA Calls. They will have full warrant authority over all contract issues.

► A designated representative from the SI-B2 office will serve as the Contracting Officer Representative on this BPA.

Their delegated authority, responsibilities, and contact information will be defined on a delegation letter issued after agreement award.

5.2 BPA Calls.

► A BPA Call is a call against an existing blanket purchase agreement to request a service or product provided under the established agreement.

► All work will be awarded under individual BPA Calls.

► Each BPA Call will be accompanied by its own statement of work and specifications.

(a) Each BPA Call will establish its own period for work and performance. The Government will provide drawings, specifications and other job details based on availability and project complexity. Each Call will provide a unique set of supporting documentation. The Government will provide enough information at the initial Call level to clearly describe the proposed task. In addition, each Call may include a mandatory scoping meeting where contractors interested in bidding are required to attend. The Government and the BPA partners will confirm project intent and project scope during this pre-bid meeting.

(b) "Or Equal" Items”

Throughout some of the technical specifications and drawings provided under a Call, where certain manufacturers’ trade names and model numbers are specified and followed by the term "or equal," the manufacturer's name and data as specified shall represent the minimum standard type, quality, and capacity acceptable for incorporation into the work covered by this contract. The products of other manufacturers will be considered as being acceptable, provided that such products fully meet or exceed all minimum structural or use and operational features of the particular manufacturers’ items as specified, and provided that the other manufacturers’ items are easily interchangeable and can be adequately incorporated within the allocated space in the building or structure. In all cases, the acceptability of "or equal" items shall be at the Contracting

Officer's discretion, based upon data submitted by the Contractor in accordance with the requirements in the

Call.

(c) Omissions from the drawings or specifications provided by the Government, or the omission or misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work but they shall be performed as if fully and correctly set forth and described in the drawings and specifications.

(d) The Contractor shall check all drawings furnished immediately upon their receipt and shall promptly notify the

Contracting Officer of any discrepancies.

► Funding shall be applied under the BPA Calls only.

► The Contract Clauses listed below and in Section 6 apply to each BPA Call.

► BPA Calls Order awards will be competed among the awardees and awarded based on the Lowest Priced Technically

Acceptable.

► Changes to the Call may change only by a bilateral written modification to the Call.

► All Calls will be issued during the performance period of the Agreement.

► Calls will be issued only to contractors awarded under this parent Agreement.

► All contractors who are awarded an Agreement will submit pricing on every Call order. Even if it is a “No Bid” response. Failure to respond within the timelines specified under a BPA Call solicitation will be treated as a “No Bid” response. If the Government does not receive quotes in response to a Call, the Government reserves the right to obtain the services outside of the BPAs. Repeated no responses to BPA Call solicitations may result in removal of the BPA holder from future BPA Calls.

► Call orders will be issued on a firm-fixed price basis.

► Once awarded, a BPA Call is a stand-alone contract and will require contract administration from award to closeout.

►Requests for quotation can be made either in writing or orally.

5.3 Delivery Tickets

► Delivery Tickets are not applicable to this Agreement.

5.4 Invoices

► An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets.

► BPA Call Invoices:

Invoices shall be submitted electronically in accordance with NFS 1852.232-80, SUBMISSION OF

VOUCHERS/INVOICES FOR PAYMENT (APR 2018)

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

(b) Except for classified vouchers, the Contractor shall submit all vouchers and invoices using the steps described at NSSC’s Vendor Payment information web site at:

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1-877-

NSSC123 (1-877-677-2123) with any additional questions or comments.

(c) Payment requests.

(1) The payment periods are stipulated in the payment clause(s) contained in this contract.

(2) Vouchers submitted under cost-type contracts and invoices submitted under fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant back-up documentation. Back-up documentation shall include at a minimum, the following information:

(i) Vouchers.

(A) Breakdown of billed labor costs and associated contractor http://www.nssc.nasa.gov/vendorpayment generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred.

(B) Breakdown of billed other direct costs (ODCs) and associated contractor generated supporting documentation for billed ODCs.

(C) Indirect rate(s) used to calculate the amount of billed indirect expenses.

(D) Progress reports, as required.

(ii) Invoices.

(A) Description of goods and services delivered as part of the contract’s terms and conditions, including the dates of delivery/performance.

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

(A) Listing of all provisionally-billed fee by period or date earned since contract award.

(B) A reconciliation of all billed and earned fee.

(C) A clear explanation of the fee calculations.

(d) Non-electronic payment requests. The Contractor may submit a non-electronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the

Contractor.

(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment requests. In such instances the Contractor agrees to submit non-electronic payment requests using the method or methods specified in Section G of the contract

(e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoices within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (b) of this section.

(f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(g) In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate payment request for the amount withheld will be required before payment for that amount may be made.

http://www.nssc.nasa.gov/vendorpayment

(End of clause)

► Invoice shall have the following areas completed at a minimum:

Contractor Name & Address

Contract number

Invoice Number

Invoice Date

Description of Services or work completed.

Date of services or completion.

►Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and

Budget (OMB) Circular A-125, Prompt Payment. Contractors are encouraged to assign an identification number to each invoice.

5.5 Certified Payrolls. Certified payrolls for Construction must be provided to the Contracting Officer in accordance with

FAR Clause 52.222-8, incorporated in this BPA and associated BPA Calls by reference. For each BPA Call, the contractor shall furnish all certified payrolls covering payments to laborers and mechanics for on-site work.

5.6 Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed from the Government.

5.7 Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this BPA and/or future BPA Calls notwithstanding any provisions contained elsewhere in this

Agreement the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the BPA Call price to cover any increase in costs incurred as a result thereof.

5.8 Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized Contracting Officer Representative acting within the limits of his/her authority.

5.9 Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this BPA and during the course of a BPA Call. The official shall be responsible for affording liaison between the contractor and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

5.10 Release Of Claims.

Following completion and acceptance of any work performed (including return of Government furnished property and site cleanup), final payment will be made. A release of claims against the Government is required for all BPA Calls following the Call performance end date. The release of claims does not include claims arising under the Calls, in stated amounts, which the Contractor specifically exempts from the operation of the release.

5.11 REQUEST FOR INFORMATION/CLARIFICATION (RFIC) (JAN 2018)

The Contractor shall promptly report to the Contracting Officer all problems or conflicting technical information encountered during the contract performance so that the Government may provide solutions or appropriate direction. Such problems shall be reported on KSC Form No. 8-268, "Request for Information/Clarification," to be provided by the Government. A copy of each RFIC will be provided to the Contracting Officer’s Representative concurrently with the transmittal to the Contracting Officer. The Contractor shall log and control each Request for

Information/Clarification (RFIC), including those generated by subcontractors.

5.12 DEVIATIONS AND WAIVERS (JAN 2018)

(a) When the Contractor proposes to perform work which does not conform to the requirements of the Call, the

Contractor shall submit to the Contracting Officer for approval, a written request for deviation or request for waiver on the nonconforming work.

(b) All requests by the Contractor shall be submitted on KSC Form 50-314 (Contractor Request For

Deviation/Waiver) including an offer of consideration to the Government. The request must be technically supported by justification, rationale, design considerations, calculations and other data which permits ready and conclusive evaluation by the Government as to acceptability or nonacceptability.

(c) Where a requested deviation or waiver on a particular aspect of the work has a relation to, or affects, other aspects of the work, those other aspects of the work shall be clearly identified and referenced. And, if the requested deviation or waiver necessitates a deviation or waiver on other aspects, requests for all such deviations and waivers must be submitted concurrently.

(d) Any request not submitted in strict accordance with this provision will not be considered.

5.13 PRE-CONSTRUCTION ACTIVITIES

1. The Contractor shall submit to the CO, a Site Specific Safety Plan (SSSP) for each BPA Call 10 calendar days after

BPA Call award. The SSSP plan shall supplement the overall Contractor’s Safety and Occupational Health Plan (SHP). The

SSSP shall address all work to be performed by the Contractor and its subcontractors. On-site work shall not commence until the SSSP is approved by the Contracting Officer. Job Hazard Analysis (JHA) of hazardous tasks specific to the jobsite are to be included in the SSSP. JHAs arising after the approval of the SSSP shall be submitted to the CO and approved prior to commencement of any hazardous work.

6. ADDITIONAL INFO/SPECIAL AGREEMENT AND BPA CALL REQUIREMENTS

6.1 Pre-Work Conference.

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements and safety. Also at this meeting, such items as work progress schedule, quality control, and worksite plans shall be finalized in writing. The notice to proceed is issued after the meeting.

6.2 NFS 1852.243-72 EQUITABLE ADJUSTMENTS (APR 1998)

(a) The provisions of all other clauses contained in this contract which provide for an equitable adjustment, including those clauses incorporated by reference with the exception of the "Suspension of Work" clause (FAR

52.242-14), are supplemented as follows:

Upon written request, the Contractor shall submit a proposal for review by the Government. The proposal shall be submitted to the contracting officer within the time limit indicated in the request or any extension thereto subsequently granted. The proposal shall provide an itemized breakdown of all increases and decreases in the contract for the Contractor and each subcontractor in at least the following detail: material quantities and costs;

direct labor hours and rates for each trade; the associated FICA, FUTA, SUTA, and Workmen's Compensation

Insurance; and equipment hours and rates.

(b) The overhead percentage cited below shall be considered to include all indirect costs including, but not limited to, field and office supervisors and assistants, incidental job burdens, small tools, and general overhead allocations. "Commission" is defined as profit on work performed by others. The following percentages for http://www.arnet.gov/far/current/html/52_241_244.html#1046680 http://www.arnet.gov/far/current/html/52_241_244.html#1046680 http://www.arnet.gov/far/current/html/52_241_244.html#1046680 overhead, profit, and commission are negotiated for this contract according to the nature, extent, and complexity of the work involved and shall not be exceeded on any equitable adjustments. These rates are negotiable, downward only, if the nature, extent, and complexity of the work involved on an equitable adjustment are not commensurate with the basic contract.

Overhead

(Percent) Profit (Percent) Commission

To Contractor on work performed by other than its own forces ----- ----- 10 percent

To first tier subcontractor on work performed by its subcontractors ----- ----- 10 percent

To Contractor and/or subcontractors on work performed with their own forces 10 percent 10 percent -----

(c) Not more than four percentages for overhead, profit, and commission shall be allowed regardless of the number of subcontractor tiers.

(d) The Contractor or subcontractor shall not be allowed overhead or commission on the overhead, profit, and/or commission received by its subcontractors.

(e) Equitable adjustments for deleted work shall include credits, limited to the same percentages for overhead, profit, and commission in paragraph (b) of this clause.

(f) On proposals covering both increases and decreases in the amount of the contract, the application of the overhead, profit, and commission shall be on the net change in direct costs for the Contractor or the subcontractor performing the work.

(g) After receipt of the Contractor's proposal, the contracting officer shall act within a reasonable period, provided that when the necessity to proceed with a change does not permit time to properly check the proposal, or in the event of a failure to reach an agreement on a proposal, the contracting officer may order the Contractor to proceed on the basis of the price being determined at the earliest practicable date. In such a case, the price shall not be more than the increase or less than the decrease proposed.

6.3 KSC 52.223-121 REPORTING OF INCIDENTS INVOLVING WORKPLACE

VIOLENCE (JUL 2018)

The contractor shall conduct training on and develop procedures for recognizing, managing and responding to incidents and threats of workplace violence as defined in NASA Policy Directive (NPD) 1600.3, Policy on

Prevention of and Response to Workplace Violence. Contractors shall also promptly report all incidents involving workplace violence to the Protective Services Office. If the NASA Threat Assessment Team (TAT) Chair and Co-

Chair determine it is appropriate for the contractor to participate in a TAT meeting, the contractor shall comply with the TAT request. The contractor is also responsible for reporting disposition of the incident reported to the NASA

TAT.

This requirement shall flow down to the subcontractors, however the subcontractors shall report up through the prime contractor.

6.4 KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTORS’ ACTIVITIES

(JUL 2018)

The Contractor shall comply with the publications listed and those checked as applicable below, and subsequent revision thereof, that the Contracting Officer has indicated as being incorporated in this contract by reference.

These publications prescribe regulatory and procedural criteria which are applicable to this contract. The contractor shall promptly take corrective action upon notice of noncompliance from the Contracting Officer or his/her authorized representative(s) with any provision of the publications listed below.

The Contractor shall comply with the following publication, which can be found at https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=4A :

NPR 1600.4A, Identity and Credential Management

The Contractor shall comply with the following publications and those publications checked as applicable below.

These documents can be found at http://procurement.ksc.nasa.gov/PPD/documents :

KNPR 8715.2, Comprehensive Emergency Management Plan (CEMP)

KNPR 1600.1, KSC Security Procedural Requirements

KNPR 8500.1, KSC Environmental Management Requirements

KNPR 8715.3, KSC Safety Procedural Requirements

KNPD 1600.3, Use of Alcoholic Beverages on Kennedy Space Center (KSC) Property

Check if applicable:

[ ]KNPD 1810.1 KSC Occupational Medicine Program

[ ]KNPR 1860.1 KSC Ionizing Radiation Protection Program [ ]KNPR 1860.2 KSC Nonionizing Radiation Protection Program

[ ]KNPR 1820.3 KSC Hearing Loss Prevention Program

[ ]KNPR 1820.4 KSC Respiratory Protection Program

[ ]KNPR 1840.19 KSC Industrial Hygiene Programs

[ ]45SWI40-201 45th Space Wing Instruction 40-201 Radiation Protection Program

[ ]KNPR 1840.1 KSC Hazard Communication Program

[ ]KNPR 1870.1 KSC Sanitation and Public Health Program

[ ]KNPR 2570.1 KSC Radio Frequency Spectrum Management Procedural Requirements

[ ]KNPR 4000.1 Supply and Equipment System Manual

[ ]KNPR 6000.1 KSC Transportation Support System Manual

[X]KNPR 8715.7 KSC Construction Contractor Safety and Health Practices Procedural Requirements

[ ]KNPR 8830.1 Facility Asset Management Procedural Requirements

6.5 KSC 52.222-6 SPECIAL ENCLAVE STATUS FOR KENNEDY SPACE CENTER (JUL 2018)

Pursuant to FAR 52.222-6, Construction Wage Rate Requirements:

The Kennedy Space Center (KSC) is part of a special enclave within Brevard County which includes the geographic area consisting of KSC, Cape Canaveral Air Force Station, and Patrick Air Force Base, as specified in the attached wage determination. The Department of Labor (DOL) designated KSC as a part of this special enclave in the 1960's during construction of the launch complex. The labor classifications and prevailing wages differ significantly from those contained https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=4A http://procurement.ksc.nasa.gov/PPD/documents in wage determinations for the surrounding areas and the process of determining the proper labor classifications for work to be performed may differ significantly from that in a non-enclave environment. Offerors should contact the DOL for instructions concerning selection of proper labor classifications for all KSC construction projects within this special enclave.

The DOL local office phone numbers are (321) 242-1851/office and (321) 614-8823/mobile.

The selection of the proper labor classifications from the solicitation's wage determination for the pricing of bids/proposals is the responsibility of the offeror in consultation with the DOL. Post award the contractor should continue to be aware of any potential impact KSC's special enclave status might have during contract performance (e.g.

contract modifications). It is incumbent upon the offeror to make potential subcontractors aware of KSC's special enclave status and to instruct them to contact DOL for instructions for choosing the proper labor classifications. The Agency will not make any official determination as to the proper labor classifications for work described in this solicitation.

The successful offeror shall be solely responsible for the employment of workers with the proper skills and payment of them in accordance with FAR 52.222-6, Construction Wage Rate Requirements, and the solicitation's wage determination. The Agency will monitor contractor compliance in accordance with 29 CFR 5.5.

Non-compliance will be reported to the DOL. DOL will determine compliance with the Act and decide on enforcement actions. Any disputes concerning labor standards requirements will be handled by the DOL in accordance with FAR

52.222-14, Disputes Concerning Labor Standards.

Cape Canaveral Air Force Station

7. CLAUSES

Contract Clause

No.

Contract Clause Title, Description (when applicable) and Effective Date

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

FAR 52.204-13 System for Award Management Maintenance (Oct 2016)

FAR 52.211-5 Material Requirements (Aug 2000)

FAR 52.213-4 Terms and Conditions – Simplified Acquisitions (Other Than Commercial Items) (Aug 2018)

FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)

FAR 52.219-28 Post-Award Small Business Program Representation (Jul 2013)

FAR 52.222-6 Construction Wage Rate Requirements (Aug 2018)

FAR 52.222-7 Withholding of Funds (May 2014)

FAR 52.222-8 Payrolls and Basic Records (Aug 2018)

FAR 52.222-9 Apprentices and Trainees (July 2005)

FAR 52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

FAR 52.222-11 Subcontracts (Labor Standards) (May 2014)

FAR 52.222-12 Contract Termination—Debarment (May 2014)

FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014)

FAR 52.222-14 Disputes Concerning Labor Standards (Feb 1988)

FAR 52.222-15 Certification of Eligibility (May 2014)

FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015)

FAR 52.222-32 Construction Wage Rate Requirements—Price Adjustment (Actual Method) (Aug 2018)

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013)

FAR 52.223-6 Drug-Free Workplace (May 2001)

FAR 52.223-14 Acquisition of EPEAT® -Registered Televisions (Jun 2014)

FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (Aug 2018)

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

FAR 52.225-9 Buy American - Construction Materials (May 2014)

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace;

and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the

Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the

Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United

States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a

COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy

American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the

United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting

Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

FAR 52.228-13 Alternative Payment Protections (July 2000)

(a) The Contractor shall submit one of the following payment protections:

_Payment Bond or Irrevocable Letter of Credit

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within _10_ days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

FAR 52.228-14 Irrevocable Letter of Credit (Nov 2014)

FAR 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014)

FAR 52.232-23 Assignment of Claims (May 2014)

FAR 52.232-27 Prompt Payment for Construction Contracts (Jan 2017)

FAR 52.232-36 Payment by Third Party (May 2014)

FAR 52.232-37 Multiple Payment Arrangements (May 1999)

FAR 52.236-2 Differing Site Conditions (Apr 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the

Contracting Officer of—

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

(End of clause)

FAR 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the

Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

(End of clause)

FAR 52.236-5 Material and Workmanship (Apr 1984)

FAR 52.236-6 Superintendence by the Contractor (Apr 1984)

FAR 52.236-7 Permits and Responsibilities (Nov 1991)

FAR 52.236-8 Other Contracts (Apr 1984)

FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984)

FAR 52.236-10 Operations and Storage Areas (Apr 1984)

FAR 52.236-11 Use and Possession Prior to Completion (Apr 1984)

FAR 52.236-12 Cleaning Up (Apr 1984)

FAR 52.236-13 Accident Prevention (Nov 1991) Alternate I (Nov 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will --

(1) Safeguard the public…