Attachment 1 -Ft. Irwin Job Order Contract (JOC) Statement of Work (SOW)_30MAY24.pdf

Statement of Work

Job Order Contracting (JOC)

Fort Irwin, California

30 May 2024

Table of Contents

CONTRACT DESCRIPTION

OBJECTIVE

GENERAL

Work Hours

CONTRACTOR RESPONSIBILITY

Task Order Coordination

Commencement

Deliverables

Work Execution

ORDERING PROCEDURES

Responsiveness

PROPOSALS

Contingency

Cost Estimating Requirements

Project Schedules

Liquidated Damages

TASK ORDER DOCUMENTS

Task Order Work Files

Notice of Completion of Task Order

Real Property Documents Required Before TO Close-Out

PERSONNEL

Key Personnel

On-Site Staff

Personnel Qualifications

Training, Physical Requirements, or Other Expertise Required

PRE-CONSTRUCTION ORIENTATION

REQUIRED CONTRACTOR PLANS

Accident Prevention Plan

Asbestos and Lead Management Plan

Contractor Quality Control (CQC) Plan

Management Plan

Site Safety and Health Plan (SSHP)

Spill Plan

Traffic Control Plan

CONTRACTOR QUALITY CONTROL SYSTEM

Quality Control (QC)

Coordination Meeting

Inspections

Performance Evaluation Meetings

Notification of Noncompliance

QCM’s Completion Inspection

Pre-Final Inspection

Final Acceptance

Testing Procedures

FACILITIES

Closure Inspections

Secure Areas

Conditions of Occupancy

Elevators

Equipment on the Site

Office Trailer

Construction Site Maintenance

Permits, Fees, and Licenses (Non-Environmental)

Vehicular Access to Construction Sites

Discovery of Unexploded Ordnance (UXO)

Historical, Architectural, and Landscaping Requirements

Site Security

Security Awareness

Construction Project Site Sign

SAFETY

Pre-Construction Safety Meeting

Safety Hazards

Materials and Equipment

Safety Data Sheets (SDS)

Medical Surveillance

Confined Space Entry Procedures

Noise Control

Required Seatbelt Use

Trucking

Construction Hazard Communication

Fire Prevention and Protection

Radiation Permits and Authorizations

Hazardous Materials

Polychlorinated Biphenyl (PCB)

ENVIRONMENTAL

Environmental Protection Considerations

Environmental Compliance

Record of Environmental Consideration (REC)

Citations

Sampling

Land Resources

Water Resources

Biological Resources (Fish and Wildlife)

Air Resources

Cultural Resources

Waste Disposal

Recycling

Wastewater Discharges

Contamination Discovery

Construction Cleanup

Restoration of Landscape Damage

Maintenance of Pollution Facilities

Sustainable Acquisition Requirements

Applicable Laws, Regulations, Statutes, and Acts

Chain of Custody Procedures

CLEAN-UP AND WASTE MANAGEMENT

Construction & Demolition (C&D) Debris

Salvageable and Unsalvageable Materials

Disposal of Asbestos

Disposal of Hazardous Materials

Disposal of Solid, Liquid, and Gaseous Contaminants

SPECIFICATIONS

JOC Technical Specifications

Documents

SUBMITTALS

Material Approval Submittals

Environmental Compliance

Drawings

Equipment Data Sheet

CONTRACTOR REPORTS

Abatement Report

Accident Reporting

Construction and Demolition Debris Reports

Damage Reports

Environmental Compliance Reporting

Progress Charts

Quality Control Reports (QCR)

Solid Waste Management Report

Warranty Item Report

Adverse Weather Log

Special Contract Requirements

Government Furnished Material (GFM), Property (GFP), and Equipment

(GFE)

Contractor-Furnished Property (CFP) and Equipment (CFE)

Warranty Issues

ACRONYMS AND DEFINITIONS

Acronyms

Definitions

APPLICABLE DIRECTIVES AND PUBLICATIONS

General

Technical Publications, Codes, and Standards

Codes and Standards

Federal Environmental Statutes

Federal Standard (Fed. Std.)

Army Regulations (AR)

Other Documents

Building Codes

ADDITIONAL CONTRACT TERMS AND CONDITIONS

SAMPLE EXHIBITS

CONTRACT DESCRIPTION

This is a Firm Fixed Price (FFP) Indefinite Delivery-Indefinite Quantity (IDIQ) Job Order Contracting (JOC) contract for construction work as defined under the North American Classification System (NAICS) 236220 – Commercial and Institutional Building Construction for a broad range of real property repair and construction of Ft. Irwin, CA;

Barstow-Dagget Airport, Daggett, CA; and the Barstow Outreach Center, located in downtown Barstow, CA. The Government shall not exercise any supervision or control over the Contract Service Providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

OBJECTIVE

This contract is for a broad range of real property repair and construction at Ft. Irwin, CA;

Barstow-Dagget Airport, Daggett, CA; and the Barstow Outreach Center, Barstow, CA.

Potential projects include, but are not limited to, administrative facilities, maintenance shops, child development centers, physical fitness centers, maintenance shops, food service facilities, airfield structures (including rigid and flexible paving), roads, athletic fields, bridges, underground utilities, overhead utilities, gates, warehouses, and auditoriums. Projects may include incidental design, testing, studies, surveys, and abatement for lead-based paint (LBP) or asbestos containing materials (ACM). Facility repairs, renovations, and construction shall conform to the requirements of the technical criteria described in the task order (TO).

The Contractor shall use the IMCOM enterprise cost estimating software as the cost planning software to develop the Unit Price Book (UPB). The Contractor shall furnish work as required per the line-item in the UPB. The Contractor shall purchase the most current E4clicks software to support the contract requirements within seven (7) calendar days of contract award. The Contractor and the Government shall both have the most current version of the software and databases at all times. The Contractor shall provide as-built drawings, which conform to the electronic computer-aided design and drafting (CADD) software currently utilized by the Directorate of Public Works (DPW). The Contractor shall perform in accordance with (IAW) local policies, National Fire Protection Association (NFPA) codes, and industry and trade organization standards.

The services covered by this contract are for real property repair and construction.

Construction and repair include, but are not limited to, the following systems and disciplines:

Asbestos and Lead-Based Paint (Testing and Abatement)

Foundation and Site work

Asphalt Paving Heating, Ventilation, and Air Conditioning

(HVAC)

Bridge and Dam Repair Mechanical

Carpentry Painting

Concrete and masonry Plumbing

Demolition Road Repair

Doors and Windows Roofing

Drywall Sheet metal

Electrical Steam fitting

Electronic Safety and Security Systems Storm Water Collection Systems

Excavation Thermal and Moisture Protection

Finishes Utility Distribution System (gas, water, etc.)

Fire Suppression and Alarms Welding

Flooring

Other site work includes site grading, drainage, exterior irrigation systems, and retaining walls incidental to the construction.

The Installation Management Command (IMCOM) has published a Category Intelligence Report (CIR) for the standardization of HVAC Chillers to improve mission value and lower total annual cost through data-driven requirement. As such, HQ MICC approved a Class J&A for procurement of name brand HVAC Chillers. All acquisitions of new HVAC Chiller systems purchased through maintenance, repair, and construction projects at Army Installations will use the IMCOM HVAC Chillers CIR guidance.

The Government will implement the process set forth in the Scope of Work (SOW) to develop and issue individual TOs. Individual SOWs will vary in size and complexity depending on the nature of the work. The Contractor shall provide sufficient technical support, accurate estimates, project management and labor. The Contractor shall accommodate a number of concurrent active projects. The Contractor shall handle rapid increases in work volume, perform according to schedule without delay, and complete submittals and payrolls in a timely manner.

GENERAL

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and construction services necessary as defined in this SOW.

The JOC will be used to fulfill repair, maintenance, and minor construction requirements on a variety of projects ranging from Sustainment, Restoration, and Modernization (SRM), simplified acquisition of base repair requirements, civil works operations and maintenance, small renovations, real property repair and maintenance with an estimated value more than the micro-purchase threshold (MPT) for acquisitions of construction. At the time of this revision the MPT is $2,000.00 in accordance with (IAW) Federal Acquisition Regulation (FAR) 2.101, Definitions.

Potential projects include, but are not limited to, administrative facilities, maintenance shops, child development centers (CDC), physical fitness centers, maintenance shops, food service facilities, airfield structure, athletic fields, underground utilities, overhead utilities, gates, warehouses, auditoriums, and other general construction work deemed necessary to support the Directorate of Public Works (DPW) Ft. Irwin, CA; Barstow

Dagget Airport, Daggett, CA; and the Barstow Outreach Center, located in downtown Barstow, CA mission requirements. Facility repairs, renovations, and construction shall conform to the requirements of the technical criteria described in the Task Order (TO).

Projects tasks include a variety of trades such as: carpentry, roofing, painting, electrical, Heating Ventilation and Air Conditioning (HVAC), plumbing, masonry, demolition in conjunction with renovation projects, roadwork, storm drainage, earthwork, welding, minor construction, operational type work and other general construction work deemed necessary to support the DPW, Ft. Irwin, CA; Barstow Dagget Airport, Daggett, CA; and the Barstow Outreach Center, located in downtown Barstow, CA. mission requirements.

Other site work includes site grading, drainage and retaining walls incidental to the construction.

The JOC shall not be used to purchase supplies, services, or Architect and Engineer (A- E) Services.

For example, though not limited to the following items, are not authorized for acquisition under this JOC contract:

• Fuels

• Utilities

• Construction equipment

• Administrative equipment

• Furnishings

• Construction materials only (lumber, concrete, etc.), for other than valid JOC projects

• A-E Services (Brooks Act)

• Administrative services such as typing, transportation, reproduction, graphics, and interior design services not part of a JOC Contractor construction proposal

• Maintenance, overhaul, or repair of equipment

• Housekeeping Services

• Purchase of supplies

• No Design (Contractor is to produce shop drawings incidental to the job, reflecting the plan of action and the completed project)

• For the sole purpose of abatement of lead-based paint and/or asbestos

The Contractor shall perform repair and construction as defined in each TO. The Government will provide the requirement to the Contractor detailing the task to be accomplished. The Contractor shall provide all labor, material, and equipment to meet all approved requirements. The Contracting Officer (KO) will issue to the Contractor a Request for Task Order Proposal (RTOP). The Contractor shall estimate the level of effort required to perform the requested work. The Contractor shall submit a detailed proposal of items required to accomplish the work within the time frame stated in the RTOP. The proposal shall be of sufficient detail and broken out by item, so the Government can readily identify the estimated quantities and level of effort for each task and subtask. The Contractor shall provide supervision, labor, materials, equipment, and supplies, unless otherwise specified as Government-furnished in each TO.

The KO will identify any security training required before the start of work. The Contractor’s key personnel shall train all Contractor personnel at the Contractor's own expense.

The JOC will include a combination of repair and construction task descriptions and/or specifications, units of measure, and pre-established unit prices for each of these discrete requirements. TO’s under the JOC are comprised of a number of pre-described and pre-priced tasks. Individual TO cost proposals shall be determined by the applicable quantities of necessary UPB line-items. The UPB lists the price for labor, equipment, and materials.

3.1 Potential Task Orders and Modifications.

Any potential modifications or task orders for this requirement must be certified as valid requirements prior to the issuance of a Request for Proposal (RFP) from the Contracting Officer to the contractor Each RFP will provide sufficient details for the contractor to respond, ask questions, make assumptions, or take any exceptions and develop a proposal. No award(s) will be made until funds are available and the Government validates the requirement. During the performance of this contract, the Contracting Officer or Ordering Officer may notify the Contractor in writing, via a Request for Proposal of a potential requirement to add or delete scope and may conduct site visits as necessary. In the event the contractor needs clarifications, the Contractor shall submit Questions including any Assumptions and Exceptions to the Contracting Officer or Ordering Officer for consideration prior to proposal submittal. The Government reserves the right to cancel any potential solicitations for modifications or task orders, prior to award(s). In the event the Government cancels solicitations, the Government has no obligation to reimburse the Contractor for any costs.

The Government’s obligation under this contract for task order or modifications awards are contingent upon the availability of appropriated funds from which payment for contract purposes can be made. Therefore, no legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for potential modifications or task orders, and until the Contractor receives notice of such availability and to be confirmed in writing by the Contracting Officer.

After execution of a task order or modification, the Contractor shall request a Notice to Proceed (NTP) via email to the Contracting Officer, Job Order Officer, and Contracting Officer Representative and acquire approval from the Contracting Officer prior to commencing any work.

Note: IAW Army Federal Acquisition Regulation Supplement (AFARS) 5117.9002(b), The Requiring Activity’s reoccurring facilities engineering support services, such as utility plant operation, custodial, grounds maintenance, refuse collection and disposal, and similar work shall not be acquired using a JOC. Architect-engineer services as defined in FAR 36.102 and Design-Build requirements as defined in FAR 36.3 shall not be acquired under a JOC.

3.3 Work Hours.

Normal work hours are from 0700 to 1600, Monday through Friday. However, the Contractor may be required to work outside of the normal work hours. Projects outside of normal work hours include, but are not limited to, Command Group Interest, troop mobilizations and demobilizations, or as indicated in the RTOP. A separate coefficient shall be used for work identified as outside of normal work hours.

3.4 Federal Holidays.

The Contractor’s performance shall not be required on the Federal public holidays listed below. However, that requirement is subject to mission execution requirements; and work on Holidays, when required, will be annotated on the individual TO.

New Year’s Day 1st day of January Martin Luther King Jr.'s Birthday 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Juneteenth 19th day of June Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

NOTE: When a holiday falls on a Sunday, the following Monday will be observed as a holiday, and, when a holiday falls on a Friday or Saturday, the preceding Thursday is observed as a holiday by United States (U.S.) Government Agencies. Federal holidays also include any Presidential or Congressionally designated days off other than the holidays listed above.

3.5 Installation Closures.

When an unforeseen Installation closure occurs on a regularly scheduled day of work, the Contractor shall:

a. Reschedule the work to be performed the following day unless the following day is a Saturday, Sunday, a legal public holiday, and when routine work is not scheduled for that day; or

b. Reschedule the work on any day mutually satisfactory.

3.6 Inclement Weather Delay.

If the Contractor determines unsafe weather conditions for continued operations, the Contractor shall notify the KO/COR of inclement weather within one (1) hour of suspension of work. The Contractor shall resume operations with KO/COR approval

CONTRACTOR RESPONSIBILITY

The Contractor shall assume full responsibility and liability for non-compliance with all Federal, State and local laws, regulations, codes, policies, and directives pertaining to the health and safety of personnel during the execution of work and shall hold the Government harmless. The Contractor shall perform all related Contractor administrative services, planning, programming, and management necessary to perform the work, to include but are not limited to, supply, quality control (QC), and maintenance of accurate and complete records, files, and libraries of documents.

The Contractor shall provide related services to include, but are not limited to, pre-award project development, project management, QC, and submission of required deliverables necessary to satisfy requirements specified under this contract and individual TOs. The Contractor shall visit and inspect the job site prior to the start of any work. The Contractor shall document (with photos) any damaged areas and turn them into the Contracting Officer’s Representative (COR), so as to preclude any responsibility for damages present that are not a result of the performance of work required in the TO. In the absence of the COR, the Alternate COR (ACOR) will assume responsibility.

The Contractor shall perform repair and construction as defined in each TO. Individual Statements of Work will vary in size and complexity depending on the nature of the work.

The Contracting Officer (KO) will issue to the Contractor a Request for Task Order Proposal (RTOP) detailing the task to be accomplished. The Contractor shall estimate the level of effort required to perform the requested work and shall submit a detailed proposal of items required to accomplish the work within the time frame stated in the RTOP. The proposal shall be of sufficient detail and broken out by item, so the Government can readily identify the estimated quantities and level of effort for each task and subtask. The Contractor shall provide supervision, labor, materials, equipment, and supplies, unless otherwise specified as Government-furnished in each TO.

The KO will identify any security training required before the start of work. The Contractor’s key personnel shall train all Contractor personnel at the Contractor's own expense.

The JOC will include a combination of repair and construction task descriptions and/or specifications, units of measure, and pre-established unit prices for each of these discrete requirements. TOs under the JOC are comprised of a number of pre-described and pre-priced tasks. Individual TO cost proposals shall be determined by the applicable quantities of necessary Unit Price Book (UPB) line-items. The UPB lists the price for labor, equipment, and materials.

The Contractor shall use cost estimating software (RS-Means, e-Gordian, etc.) as prescribed by the Government. The Contractor shall furnish work as required per the line-item in the UPB. The Contractor shall subscribe to a Software as a Service (SAS) or on-demand software platform for use by both the Contractor and Government in support of the JOC project management. The Contractor shall provide as-built drawings, which conform to the electronic computer-aided design and drafting (CADD) software currently utilized by the DPW. The Contractor shall perform IAW local policies, National Fire Protection Association (NFPA) codes, and Industry and Trade Organization standards.

4.1 Task Order Coordination.

The signed, issued TO constitutes the Contractor’s Notice to Proceed (NTP) unless a separate NTP is specified in the TO. Prior to scheduling work for a TO, the Contractor shall coordinate with the KO and COR to agree on a sequence of procedure, means of access to premises and building, space for storage of materials and equipment, delivery of materials, and use of corridors, stairways, elevators, eating spaces, and restrooms for Contractor personnel.

4.2 Commencement.

The Contractor shall be required to commence work IAW the date specified in the contract award. Upon TO receipt, the Contractor shall be required to physically start work as indicated on all individual TOs.

4.3 Deliverables.

The Contractor shall submit to the KO (with copies furnished to the COR) a complete package of pre-construction deliverables which include, but are not limited to, as-built drawings, government approvals, permits, notices of award of subcontracts, performance schedules, and material or product submittals no later than (NLT) fourteen (14) calendar days after TO award. The Government will make every attempt to respond to the pre-construction deliverables within seven (7) calendar days after the Contractor’s submissions are received.

Post-completion deliverables such as completed warranties certificates, completed DD Form 1354, as-built drawings, room key inventory list, installed building equipment list, operation and maintenance (O&M) manuals, payrolls, and environmental closure documents shall be submitted to the KO prior to requesting final payment.

4.4 Work Execution.

The Contractor shall begin work NLT the time specified on the TO Notice to Proceed (NTP). The time stated for entire completion of work specified in the TO shall include final cleanup of the premises and submission of all deliverables. TOs shall be considered separate projects, and any decision by the Contractor to utilize a limited number of subcontractors on multiple orders shall not constitute grounds for non-performance, time extensions, avoidance of liquidated damages, or other reductions for cause. The Contractor shall work, so far as practicable, in definite sections or divisions and confined to limited areas which shall be completed before starting on other sections or divisions.

4.4.1 Construction Related Changes.

The Contractor shall document and obtain authorization from the KO before making any requirement changes to the SOW. Construction-related requests from building occupants shall be directed to the KO prior to taking any action. Any job site changes made by construction employees, either direct or subcontracted, shall be subject to removal and corrected at no additional cost to the Government. Contractor shall inform all employees to include the subcontractor of this requirement.

4.4.2 Correspondence Identification.

The Contractor shall use a contract number and TO number on all correspondence sent to the KO or COR. The Contractor shall provide one (1) electronically with one (1) paper copy of all correspondence.

ORDERING PROCEDURES

The Government will issue and furnish a RTOP to the Contractor. The Contractor shall then prepare a proposal for the accomplishment of the task within the time limit specified in the RTOP. The RTOP will identify an existing requirement based on designs provided by the Government, and will include as built or sketches as applicable for the SOW to be accomplished.

5.1 Responsiveness.

As specified in the RTOP, the Contractor shall respond to the needs of the Government.

The Contractor shall perform a site visit with the COR. The Contractor shall review the construction requirements and discuss problems, unclear items, access, etc. The COR will draft a memorandum, listing all pertinent items discussed during the site visit, and the Contractor shall draft a response in memorandum form addressing the pertinent items listed and discussed at the site visit. The site visit is considered essential to the preparation of a complete and accurate proposal of the project desired by the DPW. The site visit memorandum shall be submitted with the Contractor’s proposal. Failure to visit the site and discuss the project requirements with the COR, shall not constitute an acceptable excuse for omissions or errors in proposals. The Contractor shall review the drawings, sketches, and any changes in the SOW that resulted from the site visit. The Contractor shall then prepare a proposal for the TO.

PROPOSALS

The Contractor shall prepare a detailed cost estimate using the approved UPB. The UPB shall be utilized for all applicable pricing under this contract. The Contractor shall purchase the most current E4clicks software to support the contract requirements within seven (7) calendar days of contract award. The Contractor and the Government shall both have the most current version of the software and databases at all times.

The Contractor shall not alter, append, delete, or otherwise modify the programming or UPB items, except for Government-issued changes. Upon the Government’s request, the Contractor shall be prepared to provide a detailed breakdown of the proposal, to include all pricing documentation to demonstrate that it is fair and reasonable.

If necessary, in the development of a price proposal, site visits will be considered as incidental to the work and included in the Contractor’s coefficient.

The Contractor shall submit each proposal electronically in the software used to prepare the proposal which is utilized by both the Contractor and the Government. Each proposal submitted by the Contractor shall contain a printout of all proposed UPB items, quantities, extended prices, and total proposed costs. Significant components of work and all Non- Pre-Priced (NPP) items shall be identified in the price proposal.

The Contractor’s proposal shall be supported by documentation and include, but not be limited to, product submittals, plans, drawings, calculations, TO project schedule, special conditions, specifications, proposed completion period, name of the Project Manager (PM), copy of the initial RTOP form with notations on any agreed upon item changes.

This will be incorporated in the final SOW to be issued with the TO and the TO proposal cost estimates which is comprised of the following three (3) sections:

a. Section 1, Division Summary: This section shall include the UPB Pre-Priced divisions, Trades, Assemblies, and NPP items. This section shall make up the Bare Total. No markups shall be applied at this level. The Contractor shall apply the City Cost Indexes (CCIs).

NPP items will be submitted with two (2) or more offerors, IAW 15.403-1(c)(1)(i).

The independent price vendor shall include line-item number, description, material, labor, and equipment breakdowns. The Contractor shall list the supplier names and telephone numbers for each NPP item.

b. Section 2, Totaling Components: This section includes totaling components setup for all applicable markups, including Contractor coefficients. CCIs shall be applied.

c. Section 3, Line-item Estimate: This section shall include all line-items. The report shall include a sequential line-item number, line-item description, full UPB item number, unit of measure, quantity, bare unit cost, and total amount (quantity multiplied by bare unit cost). The report will print: Pre-Priced line-items by division for all UPB Pre-Priced line-items found in the UPB, with division breaks and division subtotals, and a listing of the Trades, Assemblies, and NPP items. CCIs shall be applied.

6.1 Contingency.

The Government will, at its discretion, include contingency in proposals to allow for unforeseen site conditions, changes in requirements, etc. The contingency will be included in the proposal as a NPP item.

6.2 Cost Estimating Requirements.

The Government-approved UPB for this contract shall be the sole source of Pre-Priced costs. Work tasks required for the completion of specific project requirements that are not considered part of the complete-in-place construction of the UPB items or are not otherwise contained in the UPB are called NPP and their use is defined herein. Actual market pricing is not relevant under this contract unless necessary for calculating NPP work tasks. Any difference between actual prices and UPB pricing shall not constitute grounds for failure to perform nor shall be grounds for any equitable adjustments in the price for the TO.

a. The contractor shall purchase, maintain and use the latest version of a commercial cost estimating and project management software tools (e.g., WinEst, MS Project, e4Clicks). The Contractor shall use this software to estimate and submit all of their projects, both electronically and on paper. The Contractor is responsible for deciding which software application to purchase and the number of copies of the software that they will need to support their contract requirements. The Government uses e4Clicks as the RSMeans reference and estimator. The estimating and project management software package must be able to import and export estimates and projects electronically in a secured estimate file format. It shall be able to track projects by contract, contract year, estimator, customer, and/or project location. It shall support project management tracking of project milestones, project costs, locations, contacts, and project notes. It shall provide a means for document management, whereas the user can setup template documents, and create new, project specific documents using the current project details. The software must support multiple contracts, contractors, and coefficients. The software shall be able to import the contractor’s estimate, complete an electronic comparison and technical evaluation showing the Government’s pre-negotiation strategy, as well as producing the contractors revised estimate report to show the post negotiation changes made from the initial estimate to the final accepted estimate. The software must be capable of handling multiple coefficients and the contractor’s markups within a project. The database shall contain all of the line-items found in the RSMeans bound volumes. Software must support specification management; whereby specific line-items will be linked to specific specifications and the user can automatically produce a detailed specification document for each project as they build their estimates. The software must support estimate line-item notes and takeoff both manually and via electronic drawings, providing the ability for instant drill down from a line-item quantity to the specific drawing and measurement. The software report engine may support square foot planning and programming detailed reports for future projects and budgeting. All RSMeans databases must be protected from being changed by any user. The software must support all of the City Cost Index provided by RSMeans annually and quarterly in addition to supporting Division Level Material/Installation, Division Level Weighted Average, Weighted Average Material/Installation and Weighted Average Totaling for Bare Cost pricing and O&P unit pricing. The RSMeans data must be provided in both book description and full character descriptions. The software shall be able to export to Microsoft Excel™ and Adobe PDF™ file types as well as create electronic DoD Form 1354 Real Property documents. The Government uses e4Clicks as the RSMeans reference and estimator.

What Is Included.

Prices in the UPB include the following: direct labor through the foreman level at current Davis-Bacon wage rates for the area, equipment costs for the region, tools and material costs including delivery, sales tax and all incidentals. Incidentals include, but are not limited to, nails, screws, welds, and connectors. All prices in the UPB are for complete-in-place construction unless explicitly described otherwise.

Since the UPB is constructed from averaging cost data from projects nationally, there is variance in incidental options or accessories provided by equipment manufacturers and incorporated into the costs. Therefore, the Government reserves the right to require incidental options or accessories without additional cost, except where the required additions are spelled out as a modifier within the UPB.

Waste and Excess Quantities Included.

All prices in the UPB are for the complete-in-place construction unless explicitly described otherwise. The unit prices include delivery of materials to the job site. Waste or excess material quantities are incidental costs which are included within the contract coefficient unless explicitly stated otherwise in the UPB. Quantities used on TO proposals shall be for in place quantities taken from field measurements or design plans, as appropriate, without allowance for waste or incidental extra materials. Incidental nails, screws, weldments, and connectors are included in the UPB line-items. Unless a connector or fastener is specifically stated as not being included, it is included in the price. Example:

Installation of a suspended ceiling grid system includes connectors, fasteners, and wire for the hanging system.

UPB Vendor Clarifications.

Any time clarifications are required regarding content or scope of a UPB line-item, and the issue is not covered elsewhere in this contract, the Government will act as the sole liaison with the vendor for obtaining the necessary clarifications.

UPB Application – Specific Considerations

Demolition.

Ancillary components attached to an affected item or equipment that is scheduled for demolition shall not be priced out separately unless the ancillary component must be removed to complete the TO. Line-item demolition includes all attached appurtenances and ancillary components attached to an affected item or equipment that is scheduled for demolition. If the item being demolished is attached to another item being removed and can be removed as one item, then that item shall not be priced as a separate demolition task, unless the component alone must be demolished. For example, demolition of a wood door includes hinges, hardware, closures, kick plates, etc., and removing pipe includes all in-line fittings and valves. Unless explicitly required in the scope of work.

Demolition prices in the UPB shall cover the cost of removal and disposal of the items.

Demolition shall include the removal of the item, handling, disassembly, loading in a truck or dumpster, and disposal of demolished items, whether salvageable or non- salvageable, unless specified otherwise by the UPB task. Unit prices for demolition exclude costs for hauling.

Assemblies Pricing.

Assemblies pricing shall take precedence over individual component unit pricing.

Line-Item Cost Adjustments.

The only adjustment of price for the construction line-items is the Contractor coefficient.

All prices in the UPB are for complete-in-place construction unless explicitly described otherwise. Incidental fasteners (nails, screws, weldments, adhesives or other connectors), incidental options, accessories, and small tools required for a normal installation are included in the line-item cost unless the line-item description specifically states otherwise. Line-item prices include all work required unless the line-item description specifically states otherwise. Equipment costs include normal operating expendables and servicing including routine parts. All line-item prices are valid to perform the work described to a height up to fourteen (14) feet above finished floor or grade level without the allowance for scaffolding or lift equipment, unless the line-item description specifically states otherwise. Testing, adjusting, balancing, and start-up of installed equipment (normal commissioning) and up to four (4) hours of familiarization training for operation and maintenance of that equipment, shall be included unless the line-item description specifically states otherwise. Scaffolding, lifts, staging, etc. shall be allowed only on a TO basis (per job), not per subcontractor or discipline.

Price Adjustment Modifiers.

UPB incorporated in this contract contains unit pricing data to be used by the Contractor in development of price proposals for each TO. The pricing data is presented as basic items and as price adjustment modifiers to the basic item. Price adjustment modifiers provide a method for adding to or deducting from the basic item prices for optional materials, and methods of installation. One or more modifiers can be utilized to adjust the basic item price as listed by the appropriate suffix number of the basic line-item.

Non-Standard Work (Non-Pre-Priced).

Non-Pre-Priced (NPP) work is categorized as facilities construction activity that is not specifically included in the UPB, but is within the basic intent and general scope of the contract. Items of work not covered by this contract’s Pre-Priced items, but within the scope and general intent, may be discussed by the KO and added to a TO at any time during the contract term. NPP items shall only be allowed if the Government deems an appropriate line-item is not provided by the Pre-Priced UPB. To permit recurrent use, a NPP item shall be incorporated by contact modification into the UPB and may be done at any time during the contract period.

NPP work to be included in a TO shall be proposed by the Contractor in a format acceptable to the Government. NPP line-items added to a TO shall be complete, including materials and labor and shall be for specific tasks, and not for general labor hours for example. NPP work or items shall be discussed with the Pre-Priced items in the proposal. Discussions will be held between the Government and the Contractor to clarify any identified discrepancies until the methods and requirements to perform the TO is agreed.

Include Recurring NPP items to the UPB.

The Contractor and the Government shall discuss material, labor, and equipment costs based on the unit of measure for an item. The Contractor shall justify costs with cost and pricing data (vendor quotes, labor standards, etc.). This will be referred to as the bare cost of the NPP. Once the bare cost of the NPP item has been decided, the item can be added to a TO by adding the Contractor’s overhead costs for NPP items from the bid schedule or it may be modified into the UPB for use on all TOs. To be modified into the UPB, the bare cost must be economically adjusted to the date of the development of the UPB and then must be adjusted to be consistent with the Contractor's coefficient.

The project shall not be executed under this contract if the value of the NPP work exceeds 10% of the Pre-Priced cost of the TO unless it’s determined by the KO to be a good business decision in the best interest of the Government IAW AFARS 5117.9004-3(e)(1).

TO cost shall not be considered incidental. Only NPP work that is incidental to Pre-Priced work shall be considered to be within the scope of this contract. Incidental NPP will be discussed and established on a work item-by-work item basis. The Pre-Priced coefficient is not applied to NPP items. The NPP overhead and profit rate will be applied to the agreed to bare costs of NPP items after the bare costs of these items have been established.

NPP Contractor Material and Equipment Costs.

The Contractor shall receive the cost of the material plus the applicable coefficient as a handling fee. Material costs may include freight but shall not include any other overhead or associated costs. Equipment costs may only be included if the equipment is used solely as a result of inclusion of the NPP item.

Coefficients.

Coefficients are developed and proposed by the Contractor, to be applied against the published UPB cost line-items for the purpose of providing consideration to the Contractor. The Contractor shall factor in potential risks of inflation into the proposed coefficients.

Offerors shall provide indirect costs, NPP overhead and profit rate.

The Contractor's price coefficient shall include all products within the UPB, including the following:

• Contractor's overhead

• General and administrative and other overhead costs

• Protective clothing

• Subcontractors' overhead

• Insurance

• Employee payroll taxes, insurance, and fringe benefits

• Business taxes, contributions, memberships, corporate

• Headquarters support (legal, financial, etc.)

• Waste and excess material

• Gross receipt and sales tax on material and equipment costs

• Close out for the total contract and each TO

• Traffic and work site signs and barriers

• Protection of and moving of Government property

• QC

• Office management and equipment

• Depreciation of mobile office(s)

• Interest associated with funding of equipment and payroll

• Submittal preparation

• As built drawings

• Permits, licenses, and fees

6.3 Project Schedules.

The Contractor shall prepare and submit a Project Schedule for approval, as specified in each TO. Schedules shall be provided at no additional cost to the Government. The schedule shall indicate all work activities, milestones, and clearly show the critical path of the job. The schedule shall include activities for submittal approval, as-built drawings, final clean up and inspection, correction of punch list items and final payroll submittal, and operation and maintenance manuals. The schedule shall indicate the sequence in which the Contractor proposes to perform the work and dates on which the Contractor proposes to start and complete all scheduled activities. The Contractor shall schedule the entire project from the award date. The Contractor shall use the approved project schedule to measure the progress of the work.

Revisions of the schedule shall be re-submitted with each modification proposal for approval. The revised TO schedule shall clearly indicate the added and deleted items of work and shall reflect the increase or decrease in time required to execute the project and the modification. The Contractor shall immediately contact the KO for further direction if a Government representative requests a change to the SOW.

Construction project schedules shall be submitted electronically with a paper copy. The Contractor shall provide an approved electronic version, readable without providing a copy of the software, to the Government.

Time Extensions.Time extensions for TO modifications will be awarded if the additional work required by the modification delays on-going construction activities or if additional time is required to accomplish the added work requirements. Time shall not be extended to correct insufficient progress prior to the modification. (FAR 52.211-13, Time Extensions)

Weather Related Time Extensions.

Time extensions may result from unusually severe weather for exterior projects. The KO may award a time extension only if the following conditions are satisfied:

a. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

b. The unusually severe weather must impact the Contractor’s approved schedule and cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

Anticipated Weather Delays.

Anticipated weather delays are typically based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and shall constitute the base line for monthly weather evaluations as specified in the TO. The Contractor’s progress schedule shall reflect these anticipated adverse weather delays for weather-dependent activities.

Liquidated Damages.

The Contractor shall pay liquidated damages to the Government if the Contractor fails to complete the work within the time specified. The amount to be paid by the Contractor shall be determined at the TO level for each calendar day of delay until the work is completed or accepted. (FAR 52.211-12, Liquidated Damages)

If the Government terminates the Contractor’s right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs the Government incurred to complete the work.

TASK ORDER DOCUMENTS

The Contractor’s proposal will be reviewed by the Government for accuracy and completeness. The Government will discuss all items with the Contractor. A TO will then be issued by the KO using DD Form 1155, Order for Supplies or Services.

Some circumstances such as change in work or funding priorities may prohibit the Government from issuing a TO after the receipt of the Contractor's proposal. If such circumstances arise, the Government shall not be obligated to reimburse the Contractor for any costs incurred in the preparation of the proposal. The Government reserves the right to cancel a proposed TO before or after receipt of the Contractor’s proposal.

All TOs are subject to the terms and conditions of this contract. In the event of a conflict between a TO and this contract, this contract shall prevail. If the Contractor is awarded multiple TOs, the work shall be completed concurrently unless otherwise specified in a

TO.

7.1 Task Order Work Files

The Contractor shall maintain individual files on each TO. The Contractor shall retain the working file on each TO for the duration of the contract period and shall make these files available for the KO's review. All forms submitted shall be accurately filled out. The

Contractor shall retain copies of any material including, but not limited to, receipts, TOs, sales slips, and invoices relating to the TO. The Contractor shall provide the KO access to the Contractor maintained files during the term of the contract.

7.2 Notice of Completion of Task Order.

The Contractor shall notify the KO and COR upon completion of each individual TO. The Contractor shall give the Government five (5) calendar days’ minimum advance notice of the date the work will be fully completed and ready for final inspection.

7.3 Real Property Documents Required Before TO Close-Out.

The Contractor shall correctly submit within ten (10) calendar days after project completion. The Contractor shall contact the KO and COR for any project-specific information necessary to complete the DD Form 1354, Transfer and Acceptance of Military Real Property at no cost to the Government. Final payment shall be withheld for untimely submissions.

Interim DD Form 1354.

At a minimum of fourteen (14) calendar days prior to final acceptance of the work or as specified on each TO, the Contractor shall complete and submit an accounting of all installed property. Refer to Unified Facilities Criteria (UFC) 1-300-08, Criteria for Transfer and Acceptance of DOD Real Property, for instruction on completing the DD Form 1354.

Final DD Form 1354.

The Contractor shall submit the final DD 1354 in conjunction with the final payment request. There is only one (1) final project DD Form 1354, even if multiple interim DD Forms 1354 are used.

PERSONNEL

The Contractor shall provide the necessary personnel to accomplish all work within the time frames specified for each TO. The Contractor’s staff shall meet or exceed the position requirements as stated in the TO. The Contractor shall provide experienced and knowledgeable personnel in civil, structural, architectural, mechanical, and electrical engineering disciplines. The replacement staff shall meet or exceed the same minimum qualifications as stated in the TO. The Contractor’s staff shall be able to understand, speak, read, and write the English language fluently.

8.1 Key Personnel.

Key personnel include the Program Manager and Quality Control Manager (QCM). The Contractor shall provide key personnel resumes to the KO for review and acceptance.

The Contractor shall designate these individuals in writing and provide cell phone numbers to the KO prior to performance. The Government has the right to reject the Contractor’s choice of key personnel for failure to meet the qualification standards incorporated into the contract. Any changes to the working status of key personnel shall be transmitted in writing to the COR for approval within fourteen (14) calendar days of the proposed change. Key personnel shall not be added or removed without express acknowledgement of the COR and any replacement personnel shall be at least equal in skills, education, and experience to the predecessor.

8.1.1 Program Manager.

The Contractor shall provide a Program Manager with full authority to contractually commit the Contractor for prompt action on matters pertaining to Contractor administration of the contract and shall be designated in writing (listing name, address, and 24-hour telephone number) to the COR. The Program Manager shall have a minimum of five (5) years of experience supervising construction projects similar to those required by this contract. The Program Manager shall be responsible for the overall performance, management, and coordination of this contract and shall be the central point of contact with the Government for the performance of all work under this contract.

8.1.2 Quality Control Manager (QCM).

The Contractor shall provide a QCM to implement and enforce the Contractor Quality Control (CQC) Plan. The QCM is required at the TO level. The QCM is responsible for the overall quality of work performed and shall certify that all submittals are in compliance with the requirements. The QCM shall have the authority to act in all CQC matters for the Contractor. The QCM shall remain autonomous and not be influenced by other on-site staff members.

The QCM shall be physically present on-site at the project office at all times throughout the construction period during the hours of 0700 – 1600, Monday through Friday, except on Federal Government holidays. This individual shall be a full-time, dedicated employee of the prime Contractor, and be directly accountable to the corporate level QCM only.

The Contractor QCM shall report to someone in the company higher…