Amendment_01_signed.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

CODE 8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

80KSC019R0023

TBD

John F. Kennedy Space Center, NASA Procurement Office Code: OP-CS Kennedy Space Center, FL 32899

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

The contractor shall furnish all labor, equipment, materials, and related activities necessary to Restore KSC Coastal Shoreline. Work includes but is not limited to construct and reconstruct sand dunes, demolish existing railroad, remove and relocate Weather Station, repair roads, and incidental related work at Kennedy Space Center, Florida.

Offeror MUST enter their cage code and DUNS number in block 14, page 2 of the SF 1442.

Offeror MUST be registered in SAM and VETS-4212.

This procurement is a Request for Proposal (RFP) as a Small Business Set-Aside Lowest Price Technically Acceptable (LPTA) solicitation.

John F. Kennedy Space Center, NASA Procurement Office Code: OP-CS Bldg M7-0301 (HQ), Rm 5426B, Attn: Anthony Caruvana Kennedy Space Center, FL 32899 or email to KSC-IDIQbids@mail.nasa.gov

5. REQUISITION/PURCHASE REQUEST NUMBER

4200692112

OP-CS

Anthony Caruvana 321-867-3464

6. PROJECT NUMBER

99143.1

1 73 07/10/2019 local time 08/12/2019

2:00:00 PM

* Contract F.1(c)

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

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

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

OP-CS

John F. Kennedy Space Center, NASA Procurement Office Code: OP-CS Kennedy Space Center, FL 32899

NASA Shared Service Center (NSSC) Financial Management Division (FMD) - Accounts Payable Bldg. 1111, C. Road Stennis Space Center, MS 39529

See Attached

See Attached

NASA/KSC SOLICITATION 80KSC019R0023

SF1442 BACK, Block 17 continued.

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

CLIN DESCRIPTION UNIT UNIT PRICE

0001 TASK 1 - Construct/Reconstruct Sand Dunes V80 to V85 1 JOB $____________________

0002 OPTION 1 - Construct Sand Dunes Widening V74 to V78 1 JOB $____________________

0003 OPTION 2 – Repair Roads, Crawlerway 1 JOB $____________________

0004 OPTION 3 – Repair Roads, Cape Road 1 JOB $____________________

0005 OPTION 4 – Repair Roads, NASA Causeway 1 JOB $____________________

0006 UNIT PRICE – Additional Sand 1,000 CY $____________________

NOTE: The Unit Price is the price for one 1,000 Cubic Yards (CY) of sand.

0007 UNIT PRICE – Additional Road Repairs 1 Mile $____________________

TOTAL $____________________

AWARD (To be completed by the Government)_______________________

SF1442 BACK, Block 21 continued.

21. ITEMS ACCEPTED:

CLIN DESCRIPTION UNIT UNIT PRICE

0001 TASK 1 - Construct/Reconstruct Sand Dunes V80 to V85 1 JOB $____________________

0002 OPTION 1 - Construct Sand Dunes Widening V74 to V78 1 JOB $____________________

0003 OPTION 2 – Repair Roads, Crawlerway 1 JOB $____________________

0004 OPTION 3 – Repair Roads, Cape Road 1 JOB $____________________

0005 OPTION 4 – Repair Roads, NASA Causeway 1 JOB $____________________

0006 UNIT PRICE – Additional Sand 1,000 CY $____________________

NOTE: The Unit Price is the price for one 1,000 Cubic Yards (CY) of sand.

0007 UNIT PRICE – Additional Road Repairs 1 Mile $____________________

TOTAL $____________________

TABLE OF CONTENTS

SECTION A SOLICITATION/CONTRACT FORM (SF1442)

SECTION B SUPPLIES OR SERVICES AND PRICE/COSTS

SECTION C DESCRIPTION/SPECIFICATIONS/STATEMENT OF

WORK

SECTION D PACKAGING AND MARKING

SECTION E INSPECTION AND ACCEPTANCE

SECTION F DELIVERIES OR PERFORMANCE

SECTION G CONTRACT ADMINISTRATION DATA

SECTION H SPECIAL CONTRACT REQUIREMENTS

SECTION I CONTRACT CLAUSES

SECTION J LIST OF ATTACHMENTS

SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO

OFFERORS OR RESPONDENTS

SECTION M EVALUATION FACTORS FOR AWARD

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 CONSTRUCTION SERVICES AND PRICES

Line Item Description Unit Total

0001 Task 1 Base Bid: The Base Bid work consists JOB $___________ of providing the labor, equipment, and materials to construct sand dunes and reconstruct sand dunes at KSC from V80 to V85. The work also includes providing the labor, equipment, and materials to completely demolish the existing railroad along the oceanfront shoreline (3,500 ft or 0.663 miles) including rails, ties, gravel bedding, splices, and all appurtenances, fill in with the approved beach sand. The work also includes providing the labor, equipment, and materials to plant the dunes and excavated railroad bed areas with native vegetation to stabilize the dunes. The work also includes providing the labor, equipment, and materials to remove and relocate Field Mill Weather Station #13.

0002 Option 1: The Bid Option 1 work consists of JOB $___________ providing the labor, equipment, and materials to construct sand dunes widening from V-74 to V-78. The work also includes providing the labor, equipment, and materials to plant the dunes with native vegetation to stabilize the dunes.

0003 Option 2: The Bid Option 2 work consists of JOB $___________ providing the labor, equipment, and materials to repair roads from Crawlerway from Saturn Cswy to Road South of Pad B Support (both directions), Road South of Pad B Support from Crawlerway to Cape Road (both directions), Cape Road from Road South of Pad B Support to Max Brewer Memorial Parkway (both directions).

0004 Option 3: The Bid Option 3 work consists of JOB $___________ providing the labor, equipment, and materials to repair roads from Cape Road from Road South of Pad B Support to South Project Limits (V-85) (both directions).

0005 Option 4: The Bid Option 4 work consists of JOB $___________ providing the labor, equipment, and materials to

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

repair roads from NASA Causeway Visitor Center to Security Gate (eastbound only).

0006 Unit Price: The Contractor shall provide a per CY $___________ 1,000 CY unit price for additional sand. This unit price shall include all labor, equipment, and materials to procure and deliver this additional sand as required.

0007 Unit Price: The Contractor shall provide a per MI $___________ mile unit price to repair one lane of additional road in addition to the road repair work required by Line Items 0003 - 0005. This unit price shall include all labor, equipment, and materials to repair roads as required.

TOTAL LINE ITEMS 0001 - 0007 $_______________________

(End of Clause)

B. 2 NFS 1852.216-78 FIRM FIXED PRICE (DEC 1988)

The total firm fixed price of this contract is TBD.

B.3 PROJECT DELIVERABLES (JAN 2018)

Contract deliverables (manuals, reports, plans, and other written documentation) to be provided under this contract are identified in Section J, Attachment J-A, Project Deliverables. The costs associated with providing the data in Attachment J-A are included in the firm-fixed price of the awarded contract. Nothing contained in Attachment J-A shall relieve the Contractor from furnishing data called for by, or under the authority of, other provisions of this contract, which are not identified and described in Attachment J-A.

SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

C. 1 SCOPE OF WORK (JAN 2018)

The Contractor shall furnish all management, supervision, labor, transportation, facilities, materials, tools, equipment, disposal, and documentation (except any property, including utilities, specified in the Schedule to be Government-Furnished) to perform all work for the Task(s) named in B-1 above, and defined in the contract drawings, maps, specifications, and/or statements of work. NOTE: No work shall begin on line items 0003 – 0005 until completion of all sand deliveries required for line items 0001, 0002, and 0006.

C. 2 CONTRACT DRAWINGS, MAPS, SPECIFICATIONS, AND/OR STATEMENTS OF

WORK (JAN 2018)

(a) Five sets of full scale contract drawings, maps, specifications, and/or statements of work (excluding applicable publications incorporated into the technical provisions by reference), plus one CD or DVD containing electronic, portable document format (PDF) versions, will be furnished at award to the Contractor without charge. The work shall conform to the following contract drawings, maps, specifications, and/or statements of work, attached to this contract.

Drawings 79K40776, titled Restore KSC Coastal Shoreline Drawings, V80-V85, dated 05/22/2019, sheets 1 through 23.

Drawings 79K40777, titled Restore KSC Coastal Shoreline, Repair Roads, dated 05/22/2019, sheets 1 through 9.

Drawings 79K40710, titled Restore KSC Coastal Shoreline Drawings, PCN 99143, TD-01, dated 02/08/2019, sheets 1 through 14.

Specification 79K40778, titled Restore KSC Coastal Shoreline, V80-V85, Reinforce V74-V78, and Repair Roads, undated, pages 1 through 125.

Electronic Survey Data, Light Detections and Ranging (LIDAR) data titled “Attachment J-J, LIDAR Data.xyz”, dated December, 2016

(b) Addenda to Drawings, Maps, Specifications, and/or Statements of Work: N/A

(c) "Or Equal" Items”

Throughout the technical specifications and drawings of this contract, 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 under the Shop Drawings Clause.

(d) Omissions from the drawings or specifications, 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.

(e) The Contractor shall check all drawings furnished him immediately upon their receipt and shall promptly notify the Contracting Officer of any discrepancies. Figures marked on drawings shall in general be followed in preference to scale measurements. Large scale drawings shall in general govern small scale drawings. The Contractor shall compare all drawings and verify the figures before laying out the work and will be responsible for any errors which might have been avoided thereby.

C. 3 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 (COR) concurrently with the transmittal to the Contracting Officer. The Contractor shall log and control each Request for Information/Clarification (RFI/C), including those generated by subcontractors.

C. 4 DEVIATIONS AND WAIVERS (JAN 2018)

(a) When the Contractor proposes to perform work which does not conform to the requirements of the applicable contract drawings and specifications, 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.

SECTION D – PACKAGING AND MARKING

NOT APPLICABLE TO THIS SOLICITATION/CONTRACT

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

INCORPORATED BY REFERENCE

FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E. 2 BASIC INSPECTION SYSTEM (JAN 2018)

Pursuant to FAR Clause 52.246-12, Inspection of Construction, or FAR Clause 246-13, Inspection

– Dismantling, Demolition, or Removal of Improvements:

The Contractor shall maintain and implement a basic inspection system as identified below:

(a) Definitions:

"Inspection" means examining and testing supplies or services (including, when appropriate, raw materials, components, and intermediate assemblies) to determine whether they conform to contract requirements.

"Testing" means that element of inspection that determines the properties or elements, including functional operation of supplies or their components, by the application of established scientific principles and procedures.

"Independent Testing Laboratory" means an independent organization, accepted by the Contracting Officer, engaged to perform specific inspections or tests of the work, either at the site or elsewhere, and report the results of these inspections or tests.

(b) The inspection system shall be documented to ensure and provide objective evidence of quality control in the form of records of inspections and test results. The system shall also ensure that nonconforming articles or materials are discovered, documented, and controlled through effective remedial and preventive actions.

The Contractor may use, at his option, in whole or in part, his existing higher level inspection system or quality assurance program provided such system is revised and identified to the requirements below.

(c) The Contractor shall provide a narrative description of an inspection system which provides for compliance with the quality requirements and technical criteria of the contract.

(1) The description shall be submitted for review by the Contracting Officer not later than 7 days after contract award.

(2) The description shall address each of the Basic Inspection System Requirements identified in paragraph (d) below. This submittal shall address both the general inspection system that will be used during the performance of all work under the contract, including but not limited to those items identified under paragraphs d(1), d(2)(iv), d(2)(v), and d(2)(vi) below.

(d) Basic Inspection System Requirements: The Contractor shall describe how each of the following requirements is to be satisfied and what records will be maintained, both on-site and offsite.

(1) The Contractor shall identify the individual responsible for on-site contact and communication relative to implementation and operation of the inspection system. The name of this individual shall be provided, in writing, to the Contracting Officer’s Representative (COR).

(2) Standard requirements:

(i) A purchasing control system which ensures that all purchasing documents, including those of subcontractors and suppliers, are traceable to the drawings, specifications, and approved submittal requirements.

(ii) A receiving inspection system with documented evidence of Contractor inspection traceable to the procurement documents.

(iii) A system of controls and records for handling, recording, identification and disposition of nonconforming articles and materials.

(iv) A system of identification of inspections required by each specific section of the specifications and drawings and what records will be maintained.

(v) Identification of tests to be performed, including test procedures, test records, and the independent testing organization(s) be utilized.

(vi) Additional requirements (if included in the drawings, specifications, or contract provisions):

(A) Certification or recertification of personnel and qualification of procedures.

(B) Management and accountability of Government furnished equipment, components, or materials.

(C) Calibration of inspection test gages, tools, measuring instruments, and independent laboratories to be utilized.

E. 3 FINAL INSPECTION AND ACCEPTANCE (JAN 2018)

Final inspection and acceptance of all work under this contract will be conducted by the Contracting Officer’s Representative (COR). 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, or FAR Clause 52.237-4, Payment by Government to Contractor.

NOTE: The contractor shall include a line item in the schedule of values and progress schedule for completion of punch-list items, site clean-up, demobilization and final construction (as-built) drawings. The amount of this line item shall be equal to 10% of the contract value or $100,000, whichever is less. The Government will not pay final invoices for this amount 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.

SECTION F – DELIVERIES OR PERFORMANCE

F. 1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

Fill-Ins:

(a) The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed.

(c) complete the entire work ready for use not later than the time shown in the table below.

Contract Line Item Time Stated for Completion

0001 - Task 1 264 Calendar Days after Notice to Proceed*.

0002 - Option 1 Add 140 Calendar Days to Task 1 above.

0003 - Option 2 96 Calendar Days after Notice to Proceed*.

0004 - Option 3 Add 30 Calendar Days to Option 2.

0005 - Option 4 Add 30 Calendar Days to Option 3.

*The Government will be issuing two (2) Notices to Proceed (NTP). The first one will be for the work required by Contract Line Items 0001 - 0002. The second NTP will be issued for Contract Line Items 0003 – 0005. The reason for this is that no road repair work shall begin until completion of all sand deliveries to the work site required by Contract Line Items 0001 – 0002 and 0006 are complete.

F. 2 KSC 52.211-92 WORK PERIOD (MAR 2002)

Contractor's work day will be limited to first shift 7 A.M. to 5:30 P.M., 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.

F. 3 PLACE OF PERFORMANCE (JAN 2018)

This is a firm-fixed price construction contract for Restore KSC Coastal Shoreline, Kennedy

SECTION F – DELIVERIES OR PERFORMANCE

Space Center, FL 32899.

F. 4 DOWNTIME AND EXCAVATION HOLDS (JAN 2018)

For the purposes of this contract, the Contractor shall assume a maximum of 50 days during which all construction activities will be prohibited. In addition the Contractor shall assume a maximum of 15 days during which all excavation and other subsurface activities will be prohibited but other construction activities will be allowed.

F. 5 RESTRICTED NOTICE TO PROCEED (RNTP) PENDING RECEIPT OF REQUIRED

PERMITS (JAN 2018) (Insert if cited in the Special Conditions)

(a) No on-site work will be allowed until required permits are issued by the appropriate State and Federal issuing agencies. The Kennedy Space Center has filed an application for a Resource Permit from the St. John River Water Management District and USACE. It is anticipated that this permit will be approved by September 1, 2019. If such permit(s) have not been issued prior to contract award, the Government may issue a Restricted Notice to Proceed (RNTP).

The RNTP will authorize the Contractor to proceed with all non-site work activities.

(b) The Government shall issue an Unrestricted Notice to Proceed (NTP) within 90 days after issuance of the RNTP. The performance period specified in the contract document shall run from the date of issuance of the Unrestricted NTP.

SECTION G – CONTRACT ADMINISTRATION DATA

G. 1 NASA FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 18) CLAUSES

NFS 1852.223-71 AUTHORIZATION FOR RADIO FREQUENCY USE

(APR 2015)

G.2 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 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.

SECTION G – CONTRACT ADMINISTRATION DATA

(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.

(End of clause)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H. 1 NASA FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 18) CLAUSES

NFS 1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP

REPORTING (DEC 2015)

NFS 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002)

NFS 1852.242-72 DENIED ACCESS TO NASA FACILITIES (OCT 2015)

H.2 NFS 1852.225-70 EXPORT LICENSES (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the

International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at NASA’s Kennedy Space Center, where the foreign person will have access to export-controlled technical data or software.

(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.

(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

(End of clause)

H.3 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.

http://www.arnet.gov/far/current/html/52_241_244.html#1046680

(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 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.

H.4 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.

(End of Clause)

H.5 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 https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=4A http://procurement.ksc.nasa.gov/PPD/documents

Check if applicable:

[ X ]KNPD 1810.1 KSC Occupational Medicine Program

[ X ]KNPR 1860.1 KSC Ionizing Radiation Protection Program

[ X ]KNPR 1860.2 KSC Nonionizing Radiation Protection Program

[ X ]KNPR 1820.3 KSC Hearing Loss Prevention Program

[ X ]KNPR 1820.4 KSC Respiratory Protection Program

[ X ]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

[X] KNPR 2570.1 KSC Radio Frequency Spectrum Management Procedural Requirements

[ ] KNPR 4000.1 Supply and Equipment System Manual

[X] KNPR 6000.1 KSC Transportation Support System

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

Requirements

[] KNPR 8830.1 Facilities Asset Management Procedural Requirements

H.6 KSC 52.242-93 CONTRACTOR WORKFORCE REPORT – ONSITE

CONTRACTORS AND SUBCONTRACTORS (JUL 2018)

The Contractor shall submit, on a quarterly basis, a manpower report delineating information about its workforce. The report shall include: the contract number, the contractor's total on-site workforce, total on-site union represented employees by bargaining unit; total on-site non-union represented employees, and total off-site workforce performing on the contract. The Contractor shall provide this information no later than 10 days after the close of each reporting period which end March 31st, June 30th, September 30th, and December 31st. The report shall be submitted to the Contracting Officer with a copy to the Industrial Labor Relations Office KSC- DL-OP-IndustrialRelations@mail.nasa.gov.

(End of Clause) mailto:KSC-DL-OP-IndustrialRelations@mail.nasa.gov mailto:KSC-DL-OP-IndustrialRelations@mail.nasa.gov

H.7 SAFETY AND HEALTH (JAN 2018)

Pursuant to NFS 1852.223-70, Safety and Health:

(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. NASA’s safety priority is to protect: the public, astronauts and pilots, the NASA workforce (including contractor employees working on NASA contracts), and high-value equipment and property.

(b) The Contractor shall take all reasonable safety and occupational health measures in performing this contract. The Contractor shall comply with all Federal, State, and local laws applicable to safety and occupational health and with the safety and occupational health standards, specifications, reporting requirements, and any other relevant requirements of this contract.

(c) Kennedy Space Center Voluntary Protection Program (VPP)

Kennedy Space Center has implemented a comprehensive safety and health management system, and has demonstrated its commitment to providing and maintaining a safe workplace by successfully completing a rigorous evaluation process to achieve recognition by the Occupational Health and Safety Administration (OSHA) as a “Voluntary Protection Program (VPP) Star Worksite.” The VPP program promotes effective worksite-based safety and health, encourages employers and employees to reduce the number of occupational safety and health hazards at their places of employment, establishes cooperative relationships between management, labor, and OSHA, and serves to augment limited OSHA resources.

(d) Reporting Procedures for Close Calls and Mishaps (Also reference NFS 1852.223-70, Safety and Health)

(1) The contractor shall submit a NASA Direct Construction Contractor Mishap Report Form (KDP-F-3645) to the Contracting Officer to document close calls or mishaps and associated corrective actions. In addition, the Contracting Officer may issue a “Notice of Violation” to document safety violations under this contract when needed.

The Contractor shall use the form provided to communicate actions taken to correct or mitigate safety/health non-conformance at the job-site, as well as any corrective actions taken to prevent recurrence. This report must be posted on the job site until all corrective actions have been completed.

(2) In the event the non-compliance poses imminent danger, the Contracting Officer may invoke the stop-work order clause in this contract until such time as the immediate hazard has been mitigated. If the Contractor fails or refuses to institute prompt corrective action, the Contracting Officer may invoke the stop-work order clause or any other remedy available to the Government in the event of such failure or refusal.

(3) The Contractor (or subcontractor or supplier) shall insert the “Reporting Procedures for Close Calls and Mishaps” section of this clause, including this paragraph and any applicable Schedule provisions and clauses, with appropriate changes of designations of the parties, in all solicitations and subcontracts of every tier, when the work will be conducted completely or partly on premises owned or controlled by the Government.

H.8 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 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.

SECTION I – CONTRACT CLAUSES

I. 1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

FAR site: http://www.acquisition.gov/far/index.html NFS site: http://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

I. 2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSES INCORPORATED BY REFERENCE

CLAUSE TITLE

FAR 52.202-1 DEFINITIONS (NOV 2013)

FAR 52.203-3 GRATUITIES (APR 1984)

FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT (SEP 2006)

FAR 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS

FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

FAR 52.203-10 PRICE OR FEE ADJUSTMENTS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (OCT 2010)

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

(OCT 2015)

FAR 52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

Fill-In: Para b(3): Inspector General Hotline Poster(s) may be obtained from NASA Office of Inspector General, Code W, Washington, DC, 20546-0001, (202)358-1220

FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER

FIBER CONTENT PAPER (MAY 2011)

FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

http://www.acquisition.gov/far/index.html http://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

PERSONNEL (JAN 2011)

FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (OCT 2018)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

(OCT 2018)

FAR 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS

(OCT 2016)

FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB

AND OTHER COVERED ENTITIES (JUL 2018)

FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (OCT 2018)

FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (NOV 2015)

FAR 52.210-1

MARKET RESEARCH (APR 2011)

FAR 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEP 2000)

Fill-In: amount of $700.00 for each calendar day

FAR 52.211-13 TIME EXTENSIONS (SEP 2000)

FAR 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT

(OCT 1997)

FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR

PRICING DATA (AUG 2011)

FAR 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA

(DEVIATION 18-04)

FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

FAR 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA

AND DATA OTHER THAN CERTIFIED COST OR PRICING

DATA – MODIFICATIONS (OCT 2010) (ALTERNATE I)

(OCT 2010)

Fill-In: Para (b)(1): Cost data (e.g., established catalog or market prices, vendor quotes, sales to governmental and non-governmental entities, etc) to the extent necessary for the Contracting Officer to determine a fair and reasonable price. The cost portion of the proposal shall be submitted via e-mail in MS Excel format. The Contracting Officer shall be provided access to records necessary to permit an adequate evaluation of the proposed price in accordance with FAR 15.408.

FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET- ASIDE (NOV 2011)

FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (JUL 2013)

FAR 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

(FEB 1997)

FAR 52.222-3 CONVICT LABOR (JUN 2003)

FAR 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT—

OVERTIME COMPENSATION (MAR 2018)

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 (JUL 2005)

FAR…