SF 1442.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

FOREST PRODUCTS LABORATORY

ONE GIFFORD PINCHOT DRIVE

MADISON WI 53726-2398

Forest Products Laboratory

Attn: Contracting Officer Room 217 1 Gifford Pinchot Dr.

Madison, Wisconsin 53726-2398

MIKE BELOVSKY 608-231-9285

x

02/01/2011

AG-5680-S-11-0002

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

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, 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.

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

1 365 calendar days and complete it within ________________ ________________ calendar days after receiving

03/15/2011

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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 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.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

FOREST PRODUCTS LABORATORY

ONE GIFFORD PINCHOT DRIVE

MADISON WI 53726-2398

MIKE BELOVSKY

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish 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, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 80

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-5680-S-11-0002

This is an Invitation for Bid on a Job Order Contract for Construction Services including any specifications. The contract will be issued for one initial year and has the option to extend for up to four additional years, one year at a time.

This solicitation and subsequent contract is 100% Small Business. Award will be made pursuant to the Small Business Competitiveness Demonstration Program, Public Law 100-656.

Small Business Size Standard: The work required by this solicitation is identified as NAICS code 236220, and the applicable small busines size standard is: $28.5 million in average annual receipts for the past three years.

Estimated cost of construction is between $2,500 and $10,000,000.

Any amendments issued to this solicitation will be posted solely on the FedBizOpps web site:

www.eps.gov

Prospective Bidders are responsible for checking the web site for amendments up to the date and time of bid opening.

FOB: Destination Period of Performance: 04/01/2011 to 03/31/2012

001 Base year Delivery Order Co-efficient. All work 1 EA supported by the FPL, within 50 mile radius of Madison, WI. In accordance with the co-efficient factors in Section B.

Product/Service Code: Z199 Product/Service Description: MAINT REPAIR ALTER

MISC BUILDINGS SERV

Period of Performance: 04/01/2005 to 03/31/2012

002 Option year 1 Co-efficient. All work supported 1 EA by the FPL, within 50 mile radius of Madison, WI.

In accordance with the co-efficient factors in Section B.

(Option Line Item) 03/30/2012 Product/Service Code: Z199 Product/Service Description: MAINT REPAIR ALTER Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 80

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-5680-S-11-0002

MISC BUILDINGS SERV

Period of Performance: 04/01/2012 to 03/31/2013

003 Option year 2 Co-efficient. All work supported 1 EA by the FPL, within 50 mile radius of Madison, WI.

In accordance with the co-efficient factors in Section B.

(Option Line Item) 03/29/2013 Product/Service Code: Z199 Product/Service Description: MAINT REPAIR ALTER

MISC BUILDINGS SERV

Period of Performance: 04/01/2013 to 03/31/2014

004 Option year 3 Co-efficient. All work supported 1 EA by the FPL, within 50 mile radius of Madison, WI.

In accordance with the co-efficient factors in Section B.

(Option Line Item) 03/31/2014 Product/Service Code: Z199 Product/Service Description: MAINT REPAIR ALTER

MISC BUILDINGS SERV

Period of Performance: 04/01/2014 to 03/31/2015

005 Option year 4 Co-efficient. All work supported 1 EA by the FPL, within 50 mile radius of Madison, WI.

In accordance with the co-efficient factors in Section B.

(Option Line Item) 03/31/2015 Product/Service Code: Z199 Product/Service Description: MAINT REPAIR ALTER

MISC BUILDINGS SERV

Period of Performance: 04/01/2015 to 03/31/2016

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION A

Solicitation/Contract Form

A.1 TABLE OF CONTENTS

TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE

PART I – SCHEDULE

X A SOLICITATION/CONTRACT FORM 1

X B SUPPLIES OR SERVICES AND PRICE/COST 6

X C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT 10

X D PACKAGING AND MARKETING 30

X E INSPECTION AND ACCEPTANCE 31

X F DELIVERIES OR PERFORMANCE 33

X G CONTRACT ADMINISTRATION DATA 38

X H SPECIAL CONTRACT REQUIREMENTS 41

PART II – CONTRACT CLAUSES

X I CONTRACT CLAUSES 45

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

J ATTACHMENTS 52

PART IV – REPRESENTATIONS AND INSTRUCTIONS

X K REPRESENTATIONS, CERTIFICATIONS AND OTHER 55

STATEMENTS OF OFFERORS

X L INSTRUCTIONS, CONDITIONS, AND NOTICES TO 68

OFFERORS

X M EVALUATION FACTORS FOR AWARD 75

End of Section A

SECTION B

SCHEDULE OF SUPPLIES OR SERVICES AND PRICE/COST

B1 OFFERS

1. The offeror must submit one coefficient factor for each line item below, supported by a detailed cost breakdown on how the coefficient factors were developed. Refer to

Paragraphs B.2, B.3, and L.8.2 (Volume II Cost) for instructions on submitting cost proposals.

CONTRACT LINE COEFFICIENT

ITEM NUMBER DESCRIPTION FACTOR

01 ALL DELIVERY ORDERS WITH ESTIMATED

COST (PRIOR TO COEFFICIENT) OF

$20,000 OR LESS

02 ALL DELIVERY ORDERS WITH ESTIMATED

COST (PRIOR TO COEFFICIENT) GREATER

THAN $20,000 BUT EQUAL TO OR LESS

THAN $50,000

03 ALL DELIVERY ORDERS WITH ESTIMATED

THAN $50,000 BUT EQUAL TO OR LESS

THAN $150,000

04 ALL DELIVERY ORDERS WITH ESTIMATED

THAN $150,000

2. As detailed in Section L, for each coefficient factor provided above (line item numbers 01 – 04), the offeror shall provide, with the cost proposal, a detailed breakdown of each factor. The breakdown shall indicate the amount of each item listed in section B.2 below contributing to the whole coefficient factor. The sum of those item contributions must add to the actual coefficient factor submitted, for each line item.

B.2 OFFEROR’S COEFFICIENT AND PRE-PRICED WORK

1. The offeror‘s coefficient is a multiplier used to determine the price of the work for each work item on individual delivery orders. The offeror‘s coefficient must be all inclusive and must consider, but is not limited to, all of the following items for the prime contractor and all subcontractors:

A. home office overhead

B. general and administrative expenses

C. profit

D. bond premiums

E. general insurances

F. all burden on labor costs, including workman‘s compensation insurance, state unemployment insurance, federal unemployment insurance, and social security contributions

G. labor factor adjustments between the RS Means ® given labor rates and the

Davis/Bacon Labor Rates included in the contract (current wage decision as issued with base bid and each option year)

H. all markups on subcontracted work, including subcontractors‘ markups on their own work

I. transportation (of personnel, materials, equipment, etc. necessary to perform the scope of each delivery order; excludes transportation for mobilization and demobilization of project work site and transportation for disposal/trash/refuse removal)

J. adjustment factors to account for small jobs

K. incidental tools and equipment

L. RS Means ® Division I items identified below

M. Section C requirements of this contract

N. markups for materials

O. appropriate total weighted average city cost index

P. contract close out

Q. preparation of reports, correspondence and documentation required by law or the delivery order specifications/scope of work

R. interface with Government representatives

S. coordination with occupants and other contractors

T. progress meetings

U. general safety measures and devices

V. submittals

W. incidental waste and excess materials within 15% of the amount necessary to perform the work, as described in each individual delivery order

2. The coefficient shall include all other administrative costs not specific to the delivery order and any other factor(s) the offeror deems necessary to cover all contingencies in connection therewith, since no allowance will be made later for additional costs.

3. The coefficient will be used in establishing the price for sole-source delivery orders and modifications. The coefficient is multiplied by the sum of bare costs (no O&P) for line items identified within the current edition of the RS MEANS ® CostWorks computer software that correspond to delivery order work items, to arrive at the total proposed cost of any given delivery order. Alternately, the successful contractor may request of the Contracting Officer, permission to use the corresponding current, paper version of the RS Means ® estimating book.

4. The current edition of the RS Means ® CostWorks program or corresponding estimating book shall be used in each year of the contract, including the most current quarterly updates for all costs. The volumes/titles within the CostWorks software to be consulted and used to identify work items (as defined below) are as follows:

A. Building Construction Cost Data

B. Electrical Cost Data

C. Mechanical Cost Data

D. Plumbing Cost Data

E. Square Foot Costs

F. Facilities Construction Cost Data

G. Repair and Remodeling Cost Data

H. Facility Maintenance and Repair Cost Data

As each new RS MEANS ® CostWorks software edition is released, it will be used for all pricing within that year, including quarterly updates. For example, if the base bid year occurs in 2010, the 2010 edition of CostWorks shall be used with the most up to date quarterly update; upon release of the 2011 edition of CostWorks, all subsequent work shall be priced using the 2011 edition (and current quarterly update), until the next edition is released. For purposes of delivery order negotiations, the RS MEANS

® software and current quarterly update in effect at the time the delivery order

Request for Proposal (RFP) is due will be used for negotiating purposes. Similarly, any modifications made to a contract delivery order will incorporate the RS Means ® edition and quarterly update in effect at the time the modification RFP is due. The offeror is responsible for purchasing and maintaining its own current edition of the

RS Means ® CostWorks software for this purpose, and installing quarterly updates as they become available.

5. Bare costs of line items/descriptions within the RS Means ® software, by which the coefficient is multiplied to arrive at the delivery order proposal pricing, are ―pre-priced‖. Items not available with the CostWorks software, or identified below as such, are ―non pre-priced‖. Line items with the CostWorks software which are listed under different titles with similar descriptions, but with different unit prices, or work items that could be interpreted within the software to be included by more than one line item, shall be negotiated to arrive at one of the pre-priced line items within the software.

6. Coefficients will not be adjusted for any other changes or circumstances encountered during the life of the contract unless by a bilateral agreement – the coefficients will remain unchanged throughout any given contract or option year.

7. Report proposed coefficients within the offeror‘s proposal as follows: An offer of "net" would be represented by "1.0" (no cost above RS Means ® bare costs as described above). An example of a decrease from the bare prices listed in RS MEANS ® would be "0.90". An example of an increase above the bare prices in RS MEANS ® would be "1.10".

B.3 NON PRE-PRICED WORK

1. Only non pre-priced work that is incidental to pre-priced work shall be considered to be within the scope of this contract. If the value of non pre-priced work exceeds

49% of the total delivery order cost it will NOT be considered incidental, and the project will not be executed under this contract.

A. Incidental non pre-priced work may include the following:

Minor facilities engineering work items that are not specifically included in the RS

MEANS ® CostWorks computer software but that are within the basic intent and general scope of the contract and are incidental to a pre-priced work item.

B. Incidental non pre-priced work will be negotiated on a work item-by-work item basis. RS MEANS ® or its factor used for calculating the pre-priced items will not be used to compute the cost proposal of the non pre-priced items.

2. The following delivery order items are not included in the coefficient, therefore, a cost and price breakdown for sole source delivery orders will be required, and will be submitted with the contractor‘s proposal, similar to the detail listed below. The required format for submitting the cost or price will be specified in the delivery order

RFP.

A. waste and excess material in excess of 15% of the amount necessary to perform the work, as described in each individual delivery order

B. delivery order mobilization and de-mobilization

C. delivery order clean-up

D. project specific required Safety (Safety-Rails, Safety-Nets, tethers, face/clothing protection)

E. traffic and work-site signs and barriers

F. as-built drawings and record documents

G. applicable permits, licenses, and associated fees

H. site security

I. compliance with environmental laws and permits

J. moving of government materials or equipment and/or storage

K. state tax on materials and rented equipment

L. design and survey fees incidental to design-build delivery orders

3. The coefficient is not applied to non pre-priced items. After the bare costs of these items have been negotiated, profit, overhead, and other associated markups will be negotiated and applied to the agreed to bare costs of non pre-priced items.

B.2 CONTRACT TYPE (MARCH 2000)

This is an Indefinite-Delivery, Indefinite-Quantity (ID/IQ) type contract with firm, fixed-price delivery orders for various construction projects on the campus of the Forest Products

Laboratory in Madison WI, including the Valley View Test site in the township of Middleton, WI. All work will be within a 50 mile radius of Madison, WI. It consists of a base period from date of contract award to NTE 5 Years from date of contract award.

B.3 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (MARCH 2000)

During the period specified in the ORDERING clause (FAR 52.216-18), the Government shall place orders totaling a minimum of $5,000.00 for the base bid year. The total value of this contract, including option years, shall not exceed $10,000,000. Individual delivery orders will not exceed $500,000 for the award amount.

B.4 DEPARTMENT OF LABOR DAVIS BACON WAGE DETERMINATION:

In accordance with FAR 52.222-6, DAVIS BACON ACT (JUN 2005), each individual delivery order RFP shall be priced to include the current applicable Department of Labor (DOL) Davis

Bacon Wage Determination by location and type of work.

B.5 BID GUARANTEE, PERFORMANCE AND PAYMENT BONDS, ADDITIONAL

BONDING REQUIREMENTS

BONDS ARE REQUIRED in this contract. Refer to Section H, PERFORMANCE AND PAYMENT BONDS, ADDITIONAL BONDING REQUIREMENTS, Section I, FAR 52.228-1 BID GUARANTEE (SEP 1996); FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (OCT 2010); and FAR 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997).

End of Section B

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 1352.211-70 STATEMENT OF WORK/SPECIFICATIONS (March 2000)

The Contractor shall furnish the necessary labor/personnel, materials, supplies, equipment, services, transportation, supervision, facilities and all other necessary items to provide for complete and usable projects defined by each delivery order RFP, including written scopes of work, plans, drawings, sketches, and specifications. The Contractor will be required to perform multi-discipline construction, repair and remodeling and minor construction work, including incidental design services for design-build format delivery orders.

C.2 STATEMENT OF WORK

1. OBJECTIVE:

A. The purpose of this Job Order Contract (JOC) is to provide construction services with incidental Architect-Engineer (A-E) services for facility repair, rehabilitation, remodeling for a broad range of renovation and construction work. This JOC is intended to provide rapid response for construction, maintenance, rehabilitation and repair of real property (e.g., construction projects relating, but not limited to, laboratories, administrative offices, maintenance facilities, storage buildings, site work, and other buildings at the FPL) in a cost effective manner. Delivery orders for design only shall not be placed against the contract. However, incidental A-E services related to design-build and construction may be required.

Firm-fixed-price delivery orders for construction or design-build will be placed against the contract. The successful offeror must be able perform multiple delivery orders in multiple locations simultaneously.

B. This JOC will be used as one of many tools for a contracting method available to

FPL for the types of construction services as referenced above that may be required by the agency. All orders issued under this contract will be reviewed and deemed appropriate for this acquisition method.

2. DESCRIPTION:

A. The successful offeror shall provide, upon receipt of a delivery order, all labor, materials, supplies, parts (to include system components), plant, supervision, equipment, and related services, (except when specified as Government furnished), for construction or design/build construction of repairs, additions, and alterations to buildings, roads, drainage systems and utility systems; and new construction of buildings, roads, drainage systems, and utility systems. Work will be performed as specified for the FPL and its Valley View Test Site, located in

Madison, WI and the town of Middleton, WI. Work will be performed in strict accordance with all terms, conditions, special contract requirements, specifications, drawings, attachments, and exhibits contained in the RFP for the delivery order or incorporated by reference.

B. Work and responsibility shall include all project planning, programming, administration, and management necessary to provide support for delivery orders awarded. Conduct the work in strict accordance with the contract and all applicable Federal, State, and local laws, regulations, codes, or directives.

Provide related services such as preparing and submitting required reports, perform administrative work, and submit necessary information as specified under this contract and within each delivery order. Ensure that all work provided meets the scope of work for each delivery order and any special specifications included with the individual delivery order or included in any applicable documents.

C. The Government will provide a detailed scope of work, detailing the work to be accomplished. Depending on the complexity of the project, the detail provided may vary from a general idea of what is required, with no drawings, to complete design documents. The Contractor shall use the information provided by the

Government and submit a complete proposal. For delivery orders where the

Government provides no drawings, the Contractor shall provide sketches to clearly show an understanding of what work is included in the proposal.

D. Complete all work and services under this contract in accordance with schedules established in each delivery order. Submittal dates will be included in the delivery order. These dates identify when submittals are due in the issuing office and other addresses identified in the delivery order. Types and numbers of submittals and dates and places for review meetings shall be established by each delivery order.

3. DEFINITIONS:

A. The following terms apply to this contract (the list is not all inclusive).

Abbreviations, Plural Words – Abbreviations, where not defined in Contract

Documents, will be interpreted to mean the normal construction industry terminology, determined by recognized grammatical rules, by the COR or

Contracting Officer. Plural words will be interpreted as singular and singular words will be interpreted as plural where applicable for context of Contract

Documents.

CO – Contracting Officer. The official given authority to bind the Government to contracts. They have authority to enter into, administer, or terminate contracts and make related determinations and findings.

Contractor – A corporation, partnership, joint-venture, business association, firm, individual or association with Installers, Architects, or Engineers that has entered into a contract with United States for the purpose of providing supplies, materials, equipment, or services. The Contractor provides similar supplies and services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government. Herein, the term contractor is used to describe the successful offeror, awarded the JOC described by this document.

Construction: The action taken to accomplish construction; i.e., repair, renovation, minor new construction.

COR – Contracting Officer‘s Representative. For the purposes of this contract, the

Contracting Officer‘s Representative is an Architect or Engineer with authority delegated by the Contracting Officer to manage day-to-day contract operations and inspect Contractor work, and who represents the Government.

Delivery Order: an individual requisition for construction services ordered against this Job Order Contract (JOC), as described within the scope of work, specifications, drawings, sketches or other project documentation issued with the request for proposal for the delivery order. Each delivery order is solicited, proposed, negotiated, and awarded individually, under the JOC.

Design-Build: The action taken to prepare the work plan (design) and accomplish construction; i.e., design, repair, renovation, minor new construction.

Directed, Requested, Approved, Accepted, etc. – These terms imply "by the

Contracting Officer", unless otherwise indicated. Approved by COR or Contracting

Officer in no way releases the Contractor from responsibility to fulfill requirements of the Contract Documents.

Furnish – Supply and deliver to project site, ready for unloading, unpacking, assembly, installation, and similar subsequent requirements.

Incidental (work, waste, etc.) – items that are minor in nature, necessary to perform the work as described, but not of such magnitude as to require a line item in a cost proposal. Examples include: preparation necessary to perform the work as described but that is not typically accounted for by a line item cost, waste of 15% or less on installed materials, small amounts of fasteners and fittings that are not typically tracked individually, hand tools that are not exhausted in a single use, pick up or delivery of incidental items, etc.

Independent Review – The Government may, at its expense, obtain an independent review of the Contractor‘s work. The independent reviewer shall be a person or business qualified to perform the work the Contractor is performing.

The person designated to conduct the independent review should not have had previous personal involvement in the project. The Government may have the project reviewed by the local jurisdiction, an Engineering firm not involved in the contract, or by others.

Independent Testing Laboratory – An independent (from the Contractor) entity engaged for the project to provide inspections, tests, interpretations, reports and similar services.

Indicated – Shown on drawings by notes, graphics or schedules, or written into other portions of Contract Documents. Terms such as "shown", "noted", "scheduled", and ―specified" have the same meaning as "indicated", and are used to assist the reader in locating particular information.

Install – Operations at project site, including unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar requirements.

Installer – Entity (firm or person) engaged to install work, by Contractor, Subcontractor or Sub-subcontractor. Installers are required to be skilled experts in work they are engaged to install.

Minimum Requirements – Indicated requirements are for a specific minimum acceptable level of quality/quantity, as recognized in the industry. Actual work must comply (within specified tolerances), or may exceed minimums within reasonable limits. Refer uncertainties to the COR or Contracting Officer before proceeding.

Overlapping/Conflicting Requirements – Where compliance with two or more standards that establish different or conflicting requirements for minimum quantities or quality levels is specified, the most stringent requirement written directly into the Contract Documents is intended and will be enforced (generally), unless specifically detailed language written into the Contract Documents clearly indicates that a less stringent requirement is acceptable. Refer uncertainties to the COR or Contracting Officer for a decision before proceeding.

Owner – the Government or Forest Products Laboratory.

Project Site or Site – Space available to the Contractor at location of project, either exclusively or to be shared with separate contractors, for performance of the work.

Provide – Furnish and install, complete and ready for intended use.

Site Survey: An inspection of a facility required to accomplish a design/build construction action and normally part of the work plan.

Transportation – movement, typically by motor vehicle, of personnel, material or equipment to, from or within the job site, necessary to assemble the work, receive materials/equipment on the site, or provide labor for the work. Does not include pulling waste dumpsters, which is included in the delivery order line item for trash disposal. Does not include transportation associated with mobilization/demobilization, such as moving large equipment (e.g., for earthmoving), trailers, etc. Does not include cranes, concrete pump trucks, or other means of moving materials on site that are typically charged for separately, as dictated by industry standard.

Where optional requirements are specified in a parallel manner, option is intended to be Contractor's unless otherwise indicated.

Work Plan (Design): A detailed package consisting of single line diagrams, design, engineering calculations, criteria, manufacturers' data/cut sheets, specifications, estimates, etc., suitable to provide details to repair or construct a facility.

4. SERVICES TO BE PERFORMED:

A. General Services: The Contractor shall, commencing upon issuance of a delivery order, supply all personnel, tools, equipment, transportation, materials, and supervision (except as otherwise noted or provided) to safely and efficiently perform the requirements of the delivery orders. All delivery orders to be completed under this contract shall be performed in accordance with all applicable provisions as identified in each delivery order.

B. Contractor's Program Manager: The Contractor shall execute the work under the direction of a Program Manager approved by the Contracting Officer. The firm‘s

Program Manager shall be designated in writing. The Program Manager shall be responsible for the overall management and coordination of this contract and shall be the central point of contact with the Government for performance of all work under this contract including warranty.

C. Contractor's Project Manager: The Contractor's Project Manager shall oversee work accomplishment, administer all instructions, and answer all questions from the Contracting Officer pertaining to the work during the life of the contract. The

Project Manager shall be responsible for the complete coordination of all work under this contract. The Project Manager shall be responsible for ensuring that adequate internal controls and review procedures are followed in order to eliminate conflicts, errors and omissions and for ensuring that all technical requirements are met.

D. Overall Responsibility: The Contractor shall be responsible for all site surveys, calculations, work plans, construction actions; equipment startups, and testing, repair, and/or training required for satisfactory completion of the work as required by each individual delivery order. This shall include, but not be limited to, providing labor, equipment, materials, applicable engineering documentation, and other necessary services and/or products for the construction, implementation, or testing that may be required by the individual delivery order.

E. Codes and Standards: The site surveys, work plans, remedial actions, equipment startup and testing and/or repair shall conform to the requirements of this contract. The Contractor shall adhere to codes and standards as specified herein and in the individual delivery orders. All codes and standard requirements shall be based on the latest edition of codes applicable at the time the delivery order is issued. All work shall comply with applicable local, state, or Federal/National codes whichever is the most stringent.

F. Documentation: The Contractor shall implement, maintain, and control a system for identification, preparation, reproduction, distribution, and maintenance of all documentation, dates and information necessary for its internal management as well as for Government management of the individual projects and the total program.

G. Presentations and Meetings: The contractor shall attend all necessary progress meetings, provide presentations as necessary, and attend/conduct other meetings as necessary to execute the work.

H. Safety and Health Program: Site activities performed in conjunction with this program may pose safety hazards which require specialized expertise to effectively address and eliminate. The Contractor shall be responsible for preparing and implementing an effective safety and health program, to include a generic site safety and health plan prepared if required by the delivery order specifications.

I. Quality Control Plan: The Contractor shall develop, implement, and document an effective quality control plan. This site quality control plan shall be submitted to the Contracting Officer for approval within 30 days, or an agreed to shorter period, after contract award. This plan shall be capable of being adapted by means of a supplement to the main plan as required by individual delivery orders.

J. Permits: The Contractor shall obtain all permits and pay all associated fees for applicable Federal, State, or local agency requirements.

K. Multiple Delivery Order Performance: Contractors shall have the ability to perform multiple delivery orders in multiple locations simultaneously in accordance with the terms and conditions of this contract.

5. PUBLIC AFFAIRS: The Contractor shall not publicly disclose any data generated or reviewed under this contract. The Contractor shall refer all requests for information concerning site conditions to the Contracting Officer for comment.

6. SUBMITTED SURVEYS, STUDIES, PROPOSALS, AND WORK PLANS: All surveys, studies, proposals, design work, submittals, work plans, and other documents submitted to the Contracting Officer become the property of the Government.

7. CONSTRUCTION ACTIVITIES:

A. Delivery Orders: The specific work to be performed will be identified in each delivery order. At the completion of each approved delivery order, the results, documents and drawings become the property of the Government. The work shall conform to this contract and any supplemental documents (drawings, plans, specification, sketches, scopes of work, etc.) issued in conjunction with each individual delivery order.

B. Work Plan (Construction): Begin work on the work plan and/or the construction of a facility in accordance with the approved work schedule. As work progresses, the Contractor shall meet the following requirements:

1) Adhere to the work plan scope of services.

2) Adhere to the approved plan for site safety and health

3) Adhere to the approved quality control program

4) Prepare and certify a comprehensive work, schedule based on the proposed work plan.

5) Construct the facility in accordance with the approved work plan previously submitted.

6) Complete and submit daily logs (form FS-6300-20, Contract Daily Diary)

Beginning immediately upon delivery order award and weekly progress reports Starting second week after issuance of delivery order.

7) Conduct test of modified system/equipment and obtain Government inspection/approval.

8) Prepare operation and maintenance manuals, for the modified system/equipment

9) Prepare training program and train Government personnel in operation and maintenance of modified system/equipment

10) Provide equipment and construction warranties

11) Submit certified list of standard equipment.

12) Certify computer media

13) Prepare and submit project specific construction reports including "lessons learned" documents

C. Access to Work Sites

1) General: Contractor shall have limited use of project sites for construction operations as indicated in delivery order scopes of works, sketches or drawings.

2) Use of Site: Limit use of project sites to work in areas indicated within delivery order documents. Do not disturb portions of project site beyond areas in which the work is indicated.

3) Condition of existing buildings and/or sites: maintain portions of existing buildings affected by construction operations in a weather-tight condition throughout construction period. Repair damage caused by construction operations.

D. Protection and Restoration: The Contractor shall protect all existing structures and features during the progress of the work; shall remove from the site all debris and unused materials; and shall, upon completion of the work, restore the site as nearly as possible to its original condition, including the replacement, at the Contractor's expense, of any structure, facility, landscaping, or feature which has been damaged.

E. Coordination with Occupants: owner may occupy sites and existing building(s) during entire construction period. Cooperate with owner during construction operations to minimize conflicts and facilitate owner usage. Perform work so as not to interfere with Owner's day-to-day operations. Maintain existing exits unless otherwise indicated.

1) Maintain access to existing walkways, corridors, parking areas and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, parking areas or other occupied or used facilities without written permission from owner.

2) Notify the Owner not less than 72 hours in advance of activities that will affect owner's operations.

F. Employee Identification: Provide identification tags for Contractor personnel working on the Project site. Require personnel to utilize identification tags at all times.

G. Quality: As a general rule, match the quality and appearance of existing construction at areas of patching or repair work. The intent of the project is to have complete, usable, and properly functioning curtain wall window systems upon project completion. The ―work‖ or ―project requirements‖ as defined herein is generally described but not necessarily limited.

H. Recycling and Disposal of Refuse

1) Construction debris: With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the

Government, all refuse, excess or waste materials resulting from construction operations shall become the property of the Contractor and shall be recycled and/or disposed of off Government property. All disposals shall be done in accordance with federal, state, and local laws and regulations. No viewing or sale of materials and/or equipment shall be allowed on Government property.

Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. Do not burn waste materials.

2) Salvage, Recycling, Re-use: salvage, re-use, and/or recycle construction debris and demolition materials to the maximum extent possible. Achieve end-of-project rates for salvage/recycling/reuse of 50 percent by weight of total non-hazardous solid waste generated by the work. Practice efficient waste management in the use of materials in the course of the work. Use all reasonable means to divert construction and demolition waste from landfills and incinerators. Facilitate recycling and salvage of materials, including, but not limited to, the following typical construction/demolition items:

a. Asphalt paving

b. Concrete

c. Concrete reinforcing steel

d. Brick

e. Concrete masonry units

f. Wood studs

g. Wood joists

h. Plywood and oriented strand board

i. Wood paneling

j. Wood trim

k. Structural and miscellaneous steel

l. Rough hardware

m. Roofing

n. Insulation

o. Doors and frames

p. Door hardware

q. Windows

r. Glazing

s. Metal studs

t. Gypsum board

u. Acoustical tile and panels

v. Carpet

w. Carpet pad

x. Equipment

y. Cabinets

z. Plumbing fixtures

aa. Piping

bb. Supports and hangers

cc. Valves

dd. Sprinklers

ee. Mechanical equipment

ff. Refrigerants

gg. Electrical conduit

hh. Copper wiring

ii. Lighting fixtures

jj. Lamps

kk. Ballasts

ll. Electrical devices

mm. Switchgear and panel boards

nn. Transformers

Recycling and Processing Facility Records: Indicate receipt and acceptance of recyclable waste by recycling and processing facilities licensed to accept them.

Include manifests, weight tickets, receipts, and invoices.

Landfill and Incinerator Disposal Records: Indicate receipt and acceptance of waste by landfills and incinerator facilities licensed to accept them. Include manifests, weight tickets, receipts, and invoices.

I. Temporary Facilities and Controls

1) For most delivery orders, the Contractor shall be permitted to use

Government sources of 120V electrical power, water, and restrooms at no cost. However, the contractor must make any required temporary connections to Government provided utility systems. For delivery orders with no interior work, the contractor shall provide and maintain their own portable toilets. No telephones are available for contractor use.

2) The Government may provide outdoor space for contractor lay down, or areas within Government buildings for material/equipment storage, as space permits. The contractor is responsible for securing those materials and/or equipment to protect from theft, vandalism, damage or other loss.

3) Construction Trailer: The Contractor may provide an on-site construction trailer for the job superintendent's use. The location of the trailer shall be determined at delivery order award. It is the responsibility of the Contractor to arrange for all hook-up and mobilization costs. Contractor is responsible for electrical connections. Telephones will not be provided to the Contractor. The

Contractor may elect to hook-up commercial phone services using the local telephone service provider, at no cost to the Government.

J. Location of Existing Utilities: Utility locations, when shown, are approximate. The contractor shall field verify all utility locations before digging or trenching. This shall include but not be limited to the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, use of locator services, and by potholing. Contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the

Government.

K. Protection and Restoration: The Contractor shall protect all existing structures and features during the progress of the work; shall remove from the site all debris and unused materials; and shall, upon completion of the work, restore the site as nearly as possible to its original condition, including the replacement, at the Contractor's expense, of any structure, facility, or feature which has been damaged.

L. Safety

1) The Contractor shall assume full responsibility and liability for compliance with all applicable Federal, State, and local regulations pertaining to the protection of workers, visitors to the site, and persons occupying areas adjacent to the site, including the provisions of 29CFR1910 and 29CFR1926 of the Code of

Federal Regulations. The Contractor shall hold harmless the Government for failure to comply with any applicable safety or health regulations on the part of himself, his employees, or his subcontractors.

2) Provide and maintain a basic first aid kit for use of workmen. Provide first aid supplies commensurate with size of project, with items necessary for first aid treatment of all injuries. Advise all workmen of the location of first aid supplies.

3) Post telephone numbers of nearest hospital or ambulance service and fire station in conspicuous location. Advise all workers of location of telephone numbers.

4) Provide at least one nonfreezing-type fire extinguisher in each field office, workshop, and storage shed at the work site. Place in a location readily accessible to workers.

5) The Contractor shall comply with accident reporting requirements as required by local, state or federal authorities. A copy of all accident reports shall be submitted to the COR within 24 hours of the incident occurrence.

M. Means and Methods

1) Means and methods of construction shall be such as the Contractor or subcontractors may choose; subject, however, to the CO's right to reject means and methods proposed which:

a. Constitute a hazard to the work, persons, or property.

b. Will not produce finished work according to the terms of the contract.

c. Are contrary to specified means or methods included in the contract.

2) The right to reject means and methods of the Contractor or subcontractor shall not be construed or interpreted as acceptance of control of means and methods by the Contracting Officer.

3) The CO‘s approval of means and methods or failure to exercise right to reject means and methods shall not relieve the Contractor of the obligation to complete the work required by the contract.

4) Total responsibility for control of all means and methods lies with the

Contractor for all work.

N. Work Hour Limits

1) On-site construction activity will be limited to the hours between 6 a.m. and 6 p.m., Monday through Friday, unless the CO approves other hours, in writing.

Construction shall not be allowed on Saturdays, Sundays, or Government holidays without prior permission from the CO.

2) In general, buildings, facilities, and site features will remain open to

Government employees during the progress of on-site work. Specific work areas within a building or facility may only be closed off to the employees to provide for safe progress of the work. Any such closure must be scheduled with the CO, in writing, at least 5 business days in advance.

3) The Contractor shall conduct activities so that interference with Government employees working at the site shall be minimized.

O. Environmental Protection

1) Pollution Control - The Contractor shall abate and control all environmental pollution arising from construction activities by complying with all applicable

Federal, State, and local laws and regulations concerning environmental pollution control and abatement, as well as the specified requirements in this contract.

2) Prevention of Water Pollution - The Contractor's construction activities shall be performed by methods that will prevent entrance or accidental spillage of solid matter, contaminants, debris, and other objectionable pollutants and wastes into streams, flowing or dry watercourses, lakes, ponds, and underground water sources. The Contractor shall dispose of all pollutants such as petroleum products, rubbish, cement, concrete, and objectionable material in a legal, offsite disposal site.

3) Abatement of Air Pollution - The Contractor shall comply with applicable

Federal, State, and local laws and regulations concerning the prevention and control of air pollution. Construction activities shall be performed in such a manner that air pollution is held to a minimum.

4) Burning of materials, trees and brush, combustible construction materials, and rubbish will not be permitted. Construction debris shall be hauled off the site to an approved site.

P. Access Roads and Storage Areas

1) All operations of the Contractor (including storage of materials) upon

Government premises shall be confined to areas authorized or approved by the Contracting Officer or the Contracting Officer‘s Technical Representative

(COTR).

2) Return all storage areas and areas disturbed by construction to their original condition, or as approved by the Contracting Officer upon completion of the work.

3) Observe all laws and regulations of the local, county, and state authorities in the use of all public roads and highways for the transportation of materials and equipment in connection with work on the project. Observe all overhead construction, bridges, cables, and the like. Repair damage to roads, highways, overhead construction and similar items, resulting from operations in connection with this project.

4) The location for exterior stock piling of materials shall be arranged by the

Contracting Officer‘s Representative (COTR). The Forest Products Laboratory will provide adequate storage area as close to the project site or construction trailer as practicable. The Forest Products Laboratory cannot provide covered storage or staging areas to the Contractor. The Contractor shall be responsible for protecting materials stockpiled against weather, damage, theft, and other risks of loss. The Forest Products Laboratory assumes no responsibility for material or equipment left in the storage area and recommends the Contractor provide temporary fencing around all Contractor owned materials.

Q. Traffic Regulation: In general, all roads and parking areas shall remain open during construction. The Contractor may close one lane of traffic at a time, or parking areas near proposed work, if the Contractor provides adequate signage, flagmen, barricades, and other traffic control devices as necessary to maintain access to the Forest Products Laboratory for employees, visitors, and guests, and to protect the workers, FPL employees, and the public. All barricades and obstructions shall be illuminated at night and all lights shall be kept burning from sunset until sunrise. Install appropriate traffic signs at crossroads and approaches to site as needed to direct affected public traffic. Specific sign and barricade requirements are detailed in ANSI D61, "Manual on Uniform Traffic

Control Devices."

R. Submittals

1) Submit the Government for approval a minimum of four…