Attachment 2 - MACC General Requirements.pdf

SECTION 001

GENERAL PROVISIONS

1. GENERAL INTENT: The intent of this Multiple Award Construction Contract (MACC) IDIQ is to effect repairs, renovations, minor construction, maintenance and alterations to real property at Joint Base Andrews (JBA) and its mission partner sites: Davidsonville, Brandywine, and Air Force Memorial, and to Joint Base Anacostia Bolling (JBAB) and its mission partner sites. Work may also include but is not limited to: engaging in installing and serving mechanical, electrical, plumbing, heating, air-condition, building equipment and other specialized trades. This contract provides for the award of individual orders, defined hereinafter as “Task Orders (TO),” for the accomplishment of bid-build or design-build construction of a broad range of maintenance, restoration and modernization (R&M), repair/alteration, demolition, and renovation of real property of high complexity projects for JBA and JBAB and customers to multiple awardees. This requirement shall not include MILCON or Unspecified Minor Military Construction (UMMC) projects. This requirement shall not add real property to JBA or JBAB. The basic contract period shall be for twelve (12) months commencing on the date of contract award. The Government has the option to extend the term of the contract in accordance with the contract clause entitled “Option to Extend the Term of the Contract FAR 52.217-9”. Options shall be for additional performance periods. The total maximum duration of the contract shall not exceed 84 months (7 years) or a shared total of $700,000,000.TOs will be awarded by this contract considering factors such as past performance, quality of deliverables, ability to meet schedule requirements, relevant experience, cost control and price or cost.

2. SCOPE OF WORK: JBA and JBAB require a multiple award contract to perform various dollar sized construction projects. This indefinite quantity contract has no fixed unit prices. Each TO awarded shall include all labor wages, management, supervision, mobilization, material and equipment costs. The contractor shall furnish all project management, planning estimating, labor, transportation, materials, equipment, tools, supervision, design and all other associated costs necessary to fulfill the requirements of the TO.

a. Award of TO will be on a Firm-Fixed-Price (FFP) basis.

b. Whenever the Government has work to be performed under this contract, the Contracting Officer shall notify the contractor(s) and provide a scope of work that shall include (1) the nature of the work to be performed, (2) the location of the job and (3) mandatory date of completion, unless negotiated. Attachment 2 details the TO Issuance procedures of this contract.

c. Each TO shall be issued with appropriate technical requirements. Special requirements, including work hours, safety and security regulations, etc. for the specific sites/locations of the identified work will be defined in the TO.

d. It is anticipated that approximately 60% of all orders issued under this contract will be design/build. Design/build projects will be identified as such and will require a minimal level of design in order to determine best value and selection. Design/build orders will incorporate the following contract clauses:

52.236-23 Responsibility of the A/E Contractor 52.236-24 Work Oversight in A/E Contracts 52.236-25 Requirements for Registration of Designers 252.227-7022 Government Rights (Unlimited) 252.227-7023 Drawings and Other Data to be Property of

Government 5252.236-9312 Design-Build Contract- Order Of Precedence

e. The estimated range of TO awarded under this contract is between $500,000.00 and $15,000,000.00; however, smaller or larger dollar value projects may be considered. As stated in FAR 52.216-19, Order Limitations, the contractor shall honor any order exceeding the maximum order limitation unless the order is returned to the ordering office within three days after issuance, with written notice stating the Contractor’s intent not to honor the order and reasons. Upon receiving this notice, the Government may acquire the services from another source.

END OF SECTION 001

SECTION 002

CONTRACT TYPE/PERFORMANCE

1. CONTRACT TYPE

This is an indefinite quantity contract with no fixed contract prices. The actual amount of work to be performed and the time of such performance will be determined by the Ordering Officer, as defined in DFARS 252.216-9300, who will issue TO to the Contractor.

2. TERM OF CONTRACT

The basic contract period shall be for twelve (12) months commencing on the date of contract award.

3. OPTIONS

The Government has the option to extend the term of the contract in accordance with the contract clause entitled “Option to Extend the Term of the Contract” FAR 52.217-9”. Options shall be for additional performance periods.

The total maximum duration of the contract shall not exceed 84 months (7 years) or a shared total of $700M.

4. MINIMUM GUARANTEE

The only work authorized under this contract is that ordered by the Government through issuance of a TO. The Government makes no representation as to the number of TO or actual amount of work to be ordered; however during the term of the contract, a minimum order of $5,000.00 is guaranteed to all offerors that are awarded a spot on the MACC. This minimum guarantee shall be satisfied by a post-award conference.

5. COMMENCEMENT OF WORK

No work under this contract shall commence until a TO is issued by the Ordering Officer, either in writing or orally.

Oral orders will be used in emergency situations only. Oral orders will be confirmed by the issuance of a written TO within five working days.

6. PLACE OF PERFORMANCE

The place of performance shall be designated on each TO. The majority of work is anticipated to be performed at facilities located in the District of Columbia, Virginia, and Maryland. The following provides a list of activities and locations where work will be performed:

-- JBA

-- Davidsonville, MD -- Brandywine, MD -- Air Force Memorial

-- JBAB

This is not a complete list and is provided only to indicate the wide range of locations covered under this contract. The TOs awarded may include work outside the metropolitan Washington, DC area for all military facilities within a 100 mile radius of the metro area.

7. 5252.215-9300 CONTENT OF PROPOSALS (JAN 2003)

a. Proposal Requirements. The technical proposal and the price/cost proposal shall be submitted in separate volumes. The technical proposal shall not contain any cost/pricing information. The technical proposal presented by the offeror to whom the award is made may be incorporated into the contract at time of award.

b. The offeror shall submit the following information:

- Digital signed solicitation packages (SF 1442), including executed representations and certifications

- Digital technical proposal (if required)

- Digital Price Proposal

c. Each technical proposal shall be precise, detailed, and complete as to clearly and fully demonstrate a thorough knowledge and understanding of the requirements. As a minimum, the proposal must contain sufficient detail so that it may be evaluated in accordance with the EVALUATION FACTORS.

d. Offers are solicited on an “all or none” basis and FAR 52.215-1, INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISITION (JAN 2004) is hereby modified. Failure to submit offers for all line items listed shall be cause for rejection of the offer.

END SECTION 002

SECTION 003

SPECIAL CONTRACT REQUIREMENTS

1. PROPOSAL PREPARATION AND COSTS

The costs for preparation of TO proposals, if required under this contract, shall be the responsibility of the contractor and not reimbursable. All contractors shall propose on each Request For Proposal (RFP) issued under this contract, unless a written determination is forwarded to the Ordering Officer which documents why a contractor is unable to propose. This written determination will be forwarded to the Contracting Officer/Ordering Officer within 5 days after receipt of the RFP.

2. BID BOND

A bid bond shall not be required for each TO, it has been determined that bid bonds are no longer required for TO as the Chief of the Ordering Officer has waived requirement in the best interest of the Government.

3. PERFORMANCE AND PAYMENT BONDS

Performance and payment bonds shall be required for each TO and shall be submitted for approval to the Ordering Officer within 10 days after award of an Order. Commencement of construction is contingent upon approval of required bonds.

4. INSURANCE

a. Prior to commencement of any work under this contract, the contractor shall provide the Ordering Officer a declaration of proof of insurance as required by FAR 52.228-5. The following minimum coverage must be maintained:

COVERAGE

Comprehensive General Liability $500,000.00 Automobile Liability: $200,000 per person, $500,000 per occurrence for bodily injury; $20,000 per occurrence for property damage

Employer’s Liability Coverage: $100,000, except in states where worker’s compensation may not be written by private carriers.

Others as required by Federal and State law.

b. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the contractor gives written notice to the Administrative Ordering Officer, whichever period is longer.

c. The contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the schedule or elsewhere in the contract. The contractor shall maintain a copy of all subcontractor’s proofs of insurance, and shall make copies available to the Ordering Officer upon request.

5. CONSTRUCTION WAGE DETERMINATION

Construction Wage Determination(s) shall be current and site specific to each order and incorporated at the time the order is placed.

6. DRAWINGS

All drawings, if applicable, accompanying TO shall be considered to be a part of the scope of work.

7. TASK ORDER PERFORMANCE PERIOD

FAR Clause 52.212-3, Commencement, Prosecution and Completion of Work shall be incorporated into each TO identifying the construction schedule. The Government reserves the right to negotiate the performance period if determined to be in the best interests of the Government.

8. LIQUIDATED DAMAGES

FAR Clause 52.211-12, Liquidated Damages – Construction, shall be included in each request for proposal and incorporated into the TO identifying the liquidated damages rates applicable to that Order. If the contractor fails to complete the work within the time fixed in the Order or any extension thereof, the Contractor shall pay to the Government as liquidated damages for each TO, the rate cited in the Order.

9. PREAWARD SITE INSPECTIONS

Upon receipt of the scope of work, including applicable drawings, and following a brief time period for reviewing the documents, the contractor shall inspect the job site. It is expected that if the contractor intends to submit an offer they will be present at the site visit along with any subcontractors or suppliers invited by the contractor. Any deficiencies, conflicts, or other areas of concern existing in the scope of work and applicable drawings, should be brought to the attention of the Ordering Officer, in writing. The contractor shall also notify the Ordering Officer, in writing, upon observing any features in the design that appear to be ambiguous and/or conflicting

10. SUPERVISION

The contractor shall provide supervision in accordance with FAR Clause 52.236-6, Superintendence by the Contractor, for each TO.

11. NOTICE OF CONSTRUCTIVE CHANGES

No order, statement or direction of the Ordering Officer, an authorized representative of the Ordering Officer whether or not acting within the limits of his authority, or any other representative of the Government, shall constitute a change order under the “Changes” clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the Ordering Officer.

12. PAYMENTS

Designated paying office will be determined at award of individual TO under this contract. Invoicing procedures shall be stated in each Order and percentage of performance payments shall be processed through the designated Administrative Ordering Officer.

13. PRE-CONSTRUCTION CONFERENCE

Prior to commencing work under an Order, the contractor may be required to meet with the Ordering Officer and/or designated technical personnel at an agreeable time to both parties to discuss and develop mutual understandings concerning schedule and administering work. Information regarding individuals to contact to arrange a pre-construction conference will be provided at execution of an order. The contractor is responsible for ensuring this conference takes place promptly following award.

14. PARTNERING

The contractor’s key personnel may be required to attend partnering meetings/sessions prior to and/or during performance of an Order, if determined necessary by the Government. The requirements and parties responsibilities for partnering will be described in the order.

15. PERFORMANCE EVALUATIONS

a. Continual monitoring of performance is one critical element to the success of the contract. Performance evaluation reports will be prepared at the time of final acceptance of work, termination or other times, as appropriate.

Performance evaluations focus on elements of quality control, effectiveness of management, timely performance and compliance with safety standards.

b. If the evaluating official concludes that a contractor’s overall performance is less than satisfactory, the contractor shall be advised in writing. Contractors taking exception to the evaluation ratings are encouraged to submit comments in writing. If the contractor submits written comments, the evaluating official shall include them in the report, resolve any alleged factual discrepancies, and make appropriate changes to the report.

c. The contractor is ultimately responsible for the management and performance of all subcontractors. It is expected that performance will be monitored and action take if performance is less than satisfactory. Poor performance by a subcontractor may reflect adversely on the contractor’s performance evaluation.

d. The performance evaluations will have an impact on the award of future TO. Contractor’s performance will be taken into consideration prior to exercising the options.

END OF SECTION 003

SECTION 004

CONTRACT ADMINISTRATION

1. ORDER OFFICER

Overall administration of the basic contract shall be the responsibility of the Ordering Officer, 316th CONS/PKA located at 1349 Lutman Dr, JB Andrews, MD 20762-7001. The PCO is responsible for administration of this contract in its entirety and possesses complete authority to modify the terms of the basic contract. Competition and award of TO shall be managed by designated Ordering Officer at the site specific activities. Only these individuals, or their designated representatives, may negotiate and select a contractor for performance of individual TOs.

2. TASK ORDER ADMINISTRATION

Ordering Officers and Contract Specialist shall be designated, in writing, upon award of individual TOs. These individuals may include Ordering Officers located, or responsible for that specific location, where the work is to be accomplished. These individuals shall possess the authority to act on behalf of the Government with respect to the specific TO. All day-to-day construction contract administration will be the responsibility of the designated Contract Specialist.

END OF SECTION 004

SECTION 005

TASK ORDER ISSUANCE PROCEDURES

1. GENERAL

a. Work under this contract shall be ordered by written TO issued on DD Form 1155 (Order for Supplies or

Services) to the contractor by the Ordering Officer.

b. Each award as a result of this solicitation will cite an individual contract number. Individual TOs shall be sequentially numbered relating back to the basic contract.

c. The Government shall not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed TOs.

d. TOs will be directed by one of the following work elements:

• Work Element 1 (Design Build): MACC Contractors shall provide an initial “concept” design consisting of drawings, sketches, outlines specifications, design analysis and/or other documentation as required by the TO Statement of Work. MACC Contractors shall also provide a price proposal and may be required to include a proposed period of performance. The Government will evaluate submitted proposals in accordance with the TO requirements. Only the Successful offeror will be required to proceed with subsequent design effort (i.e. 35%, 65%, 95%, or 100% as stated in the TO) and execute construction.

• Work Element 2 (Design-Bid-Build, Construction Only): MACC Contractors shall be provided a previously accomplished design which may be representative of a 35%, 65%, 95%, or 100% design consisting of drawings, specifications, design analysis and/or other documentation as required by the TO Statement of Work. Based on this completed design, MACC Contractors shall provide a price proposal and may be required to include a proposed performance period (as stated in each TO). The Government will evaluate submitted price proposals in accordance with TO requirements. Only the successful offeror will proceed with construction. The design levels stated above are defined at the basic MACC Statement of Work.

e. TOs shall be FFP and clearly define the specific services to be performed or the performance desired.

Each Order shall contain applicable clauses and provisions specific to that work.

f. RFP’s and TOs may be issued by mail, facsimile, or electronically. Method of submission for proposals will be defined in the RFP per individual TO.

2. COMPETITION

a. Competition for TOs is limited to those awardees, under this contract. These awardees shall be given a fair opportunity to be considered for each order.

b. Unless the Ordering Officer applies the exceptions noted below, each TO will be awarded, as a result of competition to the contractor who offers the best value to the Government considering the criteria specified.

The Ordering Officer’s decision for award of an Order cannot be protested unless the protest is on the grounds that the order increases the scope, period, or maximum value of the contract.

c. Selection will be based on Low Price (LP) or Lowest Price Technically Acceptable (LPTA) source selection process.

d. Each contractor shall be given a fair opportunity to be considered for award of a TO. However, the Contracting Officer reserves the right to make award of an Order without competition based upon a determination that the Government’s interest are best served by:

(1) Awarding a follow-on effort to a previous TO to the incumbent contractor if it is in the Government’s best interest;

(2) Using past performance as sole factor in determining award of a TO;

(3) The services are of a unique nature and only one contractor is capable of providing the level of quality to satisfy the Government’s requirements;

(4) Placing on Order with a contractor without competition when an unusual and compelling urgency exists that would be harmful to the Government if an Order was not issued promptly;

(5) Placing an order with the contractor without competition when it becomes evident that the minimum guarantee must be satisfied;

(6) The Ordering Officer otherwise determined that award to another contractor is not in keeping with the Government’s best interest.

3. REQUIREMENT OF PROPOSALS

a. The Government is not obligated to obtain written technical proposals or hold discussions prior to award of a TO. If the Government determines that technical proposals are necessary, proposals may be required in writing and/or through oral presentations. Should proposal(s) contain deficiencies that would preclude awarding the Order, discussions may commence with those considered highly likely to receive award. If discussions are necessary, final proposal revisions will be requested.

b. A written cost proposal will be requested. Cost reasonableness shall always be taken into consideration prior to award of a TO.

c. Costs associated with preparation, presentation, and/or negotiations shall not be an allowable direct cost against this contract.

d. Technical Proposals, if required, may address, but not limited to, one or more of the following factors:

--Design --The contractor’s technical understanding of the work --The most efficient and effective plan to accomplish the work --Rationale for proposed materials, type and quantities --Qualifications of subcontractors and designers --Project management team

4. SELECTION CRITERIA

One or more of the following criteria may be considered when contractors compete for award of a TO:

--Past Performance: Past Performance may be a consideration in selection of a contractor prior to each order. Past performance of subcontractors and designers may also be considered.

--Quality of Deliverables --Ability to Meet Schedule Requirements --Relevant Experience: The expertise of proposed subcontractors and designers may be considered --Cost Control and/or Cost and Price

END OF SECTION 005

CLAUSES INCORPORATED BY FULL TEXT

5252.228-9305 Notice of Bonding Requirements.

NOTICE OF BONDING REQUIREMENTS (DEC 2000)

(a) Within 10 days after receipt of award, the bidder/offeror to whom the award is made shall furnish the following bond(s) each with satisfactory security:

X A Performance Bond (Standard Form 25). The performance bond shall be in a penal sum equal to 100% percent of the contract price.

X A Payment Bond (Standard Form 25A). The payment bond shall be in a penal sum equal to 100% of the contract price.

(b) Any surety company holding a certificate of authority from the Secretary of Treasury as an acceptable

Surety on Federal bonds will be accepted. Individual sureties will be permitted as prescribed in FAR 28.203 and FAC 5252.228 9300. Alternative types of security in lieu of furnishing sureties on performance and/or payment bonds will be permitted as prescribed in FAR 28.204, and will be held for at least one year after the completion of the contract. Additional bond security may be required as prescribed in FAR 52.228-2. Bonds shall be accompanied by a document authenticating the agent’s authority to sign bonds for the surety company.

(c) The contract time for purposes of fixing the completion date, default, and liquidated damages shall begin to run days from the date of award, regardless of when performance and payment bonds or deposits in lieu of surety are executed. (End of clause)

ALTERNATE I – As prescribed in 28.102-3-100(b), for indefinite quantity solicitations, substitute "contract price" in the basic provision with "the price payable for the contract guaranteed minimum".

ALTERNATE II – As prescribed in 28.102-3-100(c), for combination firm fixed-price/indefinite quantity solicitations where the firm fixed-price portion constitutes the guaranteed minimum, replace "contract price" in the basic provision with "the price payable for the firm fixed-price portion". Where the firm fixed-price portion and a percentage of the indefinite quantity portion will constitute the guaranteed minimum, substitute “contract price” in the basic provision with "the price payable for the firm fixed-price portion and the guaranteed minimum amount of the IQ portion".

ALTERNATE III - As prescribed in 28.102-3-100(d), for requirements solicitations, substitute "contract price" in the basic provision with "the price payable for the estimated quantity".

Section 006 - Representations & Certifications CLAUSES

INCORPORATED BY REFERENCE

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (Oct 2018)

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

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

Data Universal Numbering System+4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

Registered in the System for Award Management (SAM) database means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ̀ `Active''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;

and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted—

(i) Via the internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

(End of clause)

Section 007 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or MAY 2014

Improper Activity 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier SubcontractOCT 2015

Awards 52.204-13 System for Award Management Maintenance JUL 2013 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

OCT 2015

JUL 2013

NOV 2015

52.210-1 Market Research APR 2011 52.211-13 Time Extensions SEP 2000 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.217-2 Cancellation Under Multiyear Contracts OCT 1997 52.219-28 Post-Award Small Business Program Representation JUL 2013 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and MAY 2014

Related Regulations 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity APR 2015

52.222-27 Affirmative Action Compliance Requirements for APR 2015 Construction 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans OCT 2015 52.222-40 Notification of Employee Rights Under the National Labor DEC 2010 Relations Act 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service MAY 2008 and Construction Contracts 52.223-18 Encouraging Contractor Policies To Ban Text Messaging AUG 2011 While Driving 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.227-14 Rights in Data--General MAY 2014 52.228-1 Bid Guarantee SEP 1996 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award JUL 2013 Management 52.232-37 Multiple Payment Arrangements MAY 1999 52.233-1 Disputes MAY 2014 52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-1 Performance of Work by the Contractor APR 1984 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, APR 1984 Utilities, and Improvements 52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984

52.236-16 Quantity Surveys APR 1984

52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.237-4 Payment by Government to Contractor APR 1984 52.237-5 Payment by Contractor to Government APR 1984 52.237-6 Incremental Payment by Contractor to Government APR 1984 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.244-2 Subcontracts OCT 2010 52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection--Dismantling, Demolition, or Removal of AUG 1996 Improvements 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Termination For Convenience Of The Government (Fixed- APR 2012 Price) 52.249-2 Alt I Termination for Convenience of the Government (Fixed- SEP 1996 Price) (Apr 2012) - Alternate I 52.249-3 Termination for Convenience of the Government APR 2012 (Dismantling, Demolition, or Removal of Improvements) 52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- DEC 2008 Contract-Related Felonies 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By OCT 2015 The Government of a Country that is a State Sponsor of Terrorism 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or SEP 2014 Hazardous Materials 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7023 Drawings and Other Data to become Property of Government MAR 1979 252.227-7024 Notice and Approval of Restricted Designs APR 1984 252.227-7033 Rights in Shop Drawings APR 1966 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7005 Airfield Safety Precautions DEC 1991 252.236-7006 Cost Limitation JAN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7001 Contractor Purchasing System Administration MAY 2014

252.246-7001 Alt II Warranty Of Data (Mar 2014) - Alternate II MAR 2014 252.247-7023 Transportation of Supplies by Sea APR 2014

52.204-2 SECURITY REQUIREMENTS (AUG 1996)

(a) This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."

(b) The Contractor shall comply with (1) the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M); and (2) any revisions to that manual, notice of which has been furnished to the Contractor.

(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than TBD BY EACH TO. The time stated for completion shall include final cleanup of the premises.

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of TBD BY EACH TO for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $15,000,000.00;

(2) Any order for a combination of items in excess of $15,000,000.00; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 84 months.

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

(a) Definition.

"Small business concern," as used in this clause, means a concern, including its affiliates, which is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to--

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns;

and

(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for--

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

(a) Definition.—“Site of the work”—

(1) Means—

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is—

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided—

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the “primary site of the work” as defined in paragraph (a)(1)(i), or the

“secondary site of the work” as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a

Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the “site of the work.” Such permanent, previously established facilities are not a part of the “site of the work” even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part

3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the

Construction Wage Rate Requirements statute on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are…