B08_140P1221R0013_Solicitation_SABER_SOW__Provisions_and_Clauses.pdf

Solicitation – 140P1221R0013 Lakewood MABO SABER Contract Page 4 of 73

Simplified Acquisition of Basic Engineering Requirements (SABER) Contract

Lakewood Major Acquisition Buying Office

Solicitation 140P1221R0013

Scope of Work

Price Schedule, Clauses & Provisions

Lakewood Major Acquisition Buying Office

LW-MABO

Solicitation – 140P1221R0013 Lakewood MABO SABER Contract Page 5 of 73

SECTION A: STANDARD FORM 1442 (Attached Separately)

*** This Area Has Intentionally Been Left Blank ***

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SECTION B: BID SCHEDULE

TITLE Lakewood SABER Contract

SOLICITATION 140P1221R0013

PROPOSALS DUE 2 pm MT, March 25, 2022

SUBMIT TO Kris O’Neil; Kris_ONeil@nps.gov

DATE

COMPANY NAME

ADDRESS

UNIQUE ENTITY

IDENTIFIER #

NAME (PRIMARY

CONTACT)

PHONE & E-MAIL

ACKNOWLEDGEMENT OF AMENDMENTS

AMENDMENT #:

DATE:

INITIALS:

TOTAL SMALL BUSINESS SET-ASIDE:

This acquisition has been set-aside for small business concerns. Offers from other than small businesses shall not be considered.

Contractor Proposed Pricing/Coefficients

Coefficient

Maximum Performance

Distance (For work within listed distance of nearest CPG indexed city)

Base Year Option #1 Option #2 Option #3 Option #4

C1 All locations

PRICE SCHEDULE GENERAL NOTES:

1. Offerors shall submit coefficients for the base and all option periods; failure to do so may render the offer unacceptable.

2. The Government reserves the right to exercise any, all or none of the options at any time during the term of the contract.

Printed Name Signature Date

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SECTION C: SPECIFICATIONS/DRAWINGS

C.1 GENERAL INFORMATION

This contract is a Simplified Acquisition of Basic Engineering Requirements (SABER) contract for construction services. A

SABER contract is a Firm Fixed Price (FFP) Indefinite Delivery / Indefinite Quantity (IDIQ) contract. SABER is an alternative way to procure construction and construction related services via simplified, accelerated and streamlined procedures. The Contractor essentially provides “on call” construction services in accordance with this contract and each task order issued under this IDIQ contract. The SABER Contractor may be awarded multiple task orders for simultaneous small to medium sized construction projects. Task orders shall be of a magnitude between $2,000 to $1,000,000 in dollar value. The SABER IDIQ contract lays the framework for the issuance of future task orders. The work under this IDIQ contract does not require or include professional architect or engineering services, such as stamped drawings. Standard construction services including shop drawings for illustrative/clarification/dimensional purposes and As-Builts to record actual installed conditions, may be required.

1.1 PLACE OF PERFORMANCE

The primary area of coverage will be National Park Service (NPS) Parks and Park Units located in the state of Colorado and includes Capulin Volcano National Monument in New Mexico.

1.2 PERIOD OF PERFORMANCE (POP)

The contract POP is for a 1 year base period from date of contract award, and 4 consecutive, one-year option periods. Task orders may be placed through the SABER contract throughout the base period, and each exercised option period. Individual task order periods of performance are established separately during negotiations.

1.3 TASK ORDER TYPES

Two types of task orders may be issued under this SABER contract. Standard Task Orders and Shelved

Task Orders. All negotiated and accepted proposal elements, line items and pricing for standard task orders shall be guaranteed by the SABER Contractor for 60 calendar days. All negotiated and accepted proposal elements, line items and pricing for shelved task orders shall be guaranteed by the SABER Contractor for

365 calendar days. The Contractor shall not be allowed to renegotiate or submit new or updated material or labor costs for any line items that are awarded within the respective 60 or 365 calendar days from final negotiation and acceptance of a task order proposal.

A. Standard Task Orders: Standard task orders will be the predominate type of task order issued under this contract. At a minimum, the requirements package provided to the task order contracting officer to initiate a standard SABER task order, should consist of the following:

1. Funded Purchase Request

2. Statement / Scope of Work (As Detailed as Possible)

3. List of Critical Project Requirements (Schedule, Equipment Items, Specific Materials, etc.)

4. Project Drawings, Sketches, Photographs, etc.

5. Independent Government Estimate (As Detailed as Possible)

B. Shelved Task Orders: Shelved task order requests / orders are issued in cases where the government has a priority requirement that it currently does not have funding for, but that is highly likely to receive the required funding for, either through normal funding channels, or through fiscal end-of-year funding fall-out. Shelved projects allow for task order proposal development, estimation and negotiation, in advance of funding. Once negotiated and accepted, a shelved task order becomes a “Shovel Ready Project”, and is ready for immediate award if / when funding becomes available. After a shelved task order project is negotiated and accepted, the negotiated cost shall remain valid, and effective for 365 calendar days from the date of acceptance. As with a

Solicitation – 140P1221R0013 Lakewood MABO SABER Contract Page 8 of 73 standard task order, the SABER contractor agrees that the government is under no obligation to issue a task order for the execution / construction of a shelved project. Each shelved task order shall be liable to a shelving fee. The SABER contractor may invoice for the shelving fee, no earlier than

60 calendar days after government acceptance of a shelved project. The fee associated with the issuance of a shelved task order will be based on Table - A below. The fee is not indicative of the level of work that is required to prepare the contractor’s proposal, but is instead intended as earnest money from the requesting user, and for the contractor to bring the task order from development to negotiation and acceptance, as well as to hold and guarantee pricing for the task order until actual construction funds arrive, or 365 calendar days elapses. The compensation provided in this section and in the table below are in lieu of any and all claims for bid preparation costs. If this solicitation results in a multiple award, only the contractor whose shelved task order proposal is accepted by the government will receive the shelved task order fee below. NOTE: The payment of a fee, of any kind, shall not be required prior to the initiation, preparation, estimation, negotiation, and acceptance of either a standard or shelved SABER task order.

TABLE --- A

SHELVED TASK ORDER FEE

(Percentage of Negotiated Task Order Price)

Shelved Task Order Magnitude Shelving Fee Multiplier

A $0 to $100,000 0.0125

B $100,001 to $200,000 0.0100

C $200,001 to $500,000 0.0075

D $500,001 to $750,000 0.0050

E Greater Than $750,001 0.0025

C.2 CONTRACT PRICING GUIDE (CPG)

2.1 All SABER task order pricing and estimates shall be developed and produced, using the combination of the

R. S. Means Master Composite Cost Database, and the e4Clicks Professional Estimator software; hereafter referred to as the SABER Contract Pricing Guide (CPG). The Contractor shall develop and produce

SABER line item estimates / proposals using the most recent, and currently exercised and incorporated CPG.

The currently applicable CPG is determined as provided in Table - B of this SOW. The CPG as configured here, constitutes the largest, most comprehensive construction cost database from R. S. Means, and is a composite of the following individual R. S. Means Unit Price books: Building Construction Cost Data, Electrical Cost Data, Mechanical Cost Data, Plumbing Cost Data, Interior, Site Work & Landscape Cost

Data, Concrete & Masonry Cost Data, and Heavy Construction Cost Data.

2.2 CPG line items are to be interpreted literally and used to provide / accomplish the specifically described task, utilizing the specified line item materials, equipment, personnel, and labor. The vast majority of task orders issued under this contract can and shall be estimated using the CPG database pre-priced line items.

On those rare occasions when no existing line item satisfies a specific requirement, a non-pre-priced line item will be developed, negotiated, and incorporated into the contract as a pre-priced item for the specific, and any future task orders. The contractor may make explanatory annotations to a CPG line item, to indicate calculation units, quantities, and how final totals were derived, etc. but shall not substantively alter or modify the specifics of a CPG line item. Specifically, if a CPG line item specifies a 20 yard dumpster, then a 20 yard dumpster is required on-site, as proposed, negotiated, and awarded by the government. If a CPG line item provides that 100 man-hours are required to perform a certain task for a specified unit and price, then 100 man-hours is the allowable task order number of man-hours for that task… the contractor is not

Solicitation – 140P1221R0013 Lakewood MABO SABER Contract Page 9 of 73 allowed to, and shall not increase the number of labor hours to account for their estimated number of required labor hours, or a sub-contractor’s quoted number of labor hours required to accomplish the task.

The CPG pricing is the contractual pricing list for this contract. This pricing is not subject to alteration, modification, or adjustments to enable the SABER contractor to achieve current market pricing for a given task order requirement. If the contractor determines post-award an alternate method of construction / or equipment to be used for project completion, the contractor shall request such a change in writing to the contracting officer for the contracting officer’s decision of acceptability, and if an equitable adjustment to the task order award is required.

2.3 Line item prices for each work item, prior to application of the appropriate contractor coefficient, shall consist of bare costs for labor, materials, and equipment, without markups for overhead and/or profit. Labor and material costs for each line item shall be adjusted by the R.S. Means city cost index weighted average, for the nearest indexed city, to the Park Unit where work is to be accomplished. Equipment costs shall be adjusted within each division by the city cost index for the nearest indexed city, to the Park Unit where work is to be accomplished. All line items in the CPG shall be considered to include allowable waste. No additional quantity shall be added for scrap or waste (for example: the contractor cannot use “20 linear feet” as a line item quantity when the actual length on the drawings is 12 ft. even, if that material only comes in 20 foot lengths).

2.4 Task order performance periods shall be negotiated by contractor and government technical / contracting personnel, using the number of CPG labor hours generated by the line item estimate, as the starting point.

2.5 Actual estimated installed quantities shall be used for quantity take-offs. No additional quantity shall be added due to the contractor believing that the line item does not adequately compensate for the work involved. Line items in the CPG shall be considered all-inclusive. No additional expenses will be allowed to be added to a CPG line item for manufacturing, shipping, installation, or similar costs (for example mold charges for split face block, shipping costs of large equipment, etc.).

2.6 The Contractor’s coefficient shall be the means to account for overhead and profit, scrap, waste, and any other additional costs.

2.7 The Contractor shall not use any line items in Division 1, “General Requirements” section of the CPG.

Division 1 contains such items as equipment rental, mobilization and demobilization of the main contract and/or of most equipment for individual task orders, man-hour costs, day-to-day construction site inspection, construction aids, consultant costs, project management, quality control, temporary construction, etc. There are no exceptions for the use of Division 1 line items. Necessary Division 1 line items will be addressed through structuring of the contractor’s coefficients, or through the use of appropriate alternate CPG line items. In all cases the task order contracting officer’s determination as to the allowability and / or acceptability of any task order line item is final.

2.8 The government reserves the right to provide Government Furnished Material (GFM) that is on hand to be used by the Contractor to complete a task order. If GFM is used for a task order, only actual labor hours from the CPG shall be utilized in computing the installation costs.

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TABLE --- B

SABER CONTRACT PRICING GUIDE (CPG)

Base Year Most Current R. S. Means Master Composite Cost Database, &

E4Clicks Professional Estimator Software, at time of award.

Option Year 1

(If Exercised)

Most Current R. S. Means Master Composite Cost Database, &

E4Clicks Professional Estimator Software, on date exercised.

Option Year 2

(If Exercised)

Most Current R. S. Means Master Composite Cost Database, &

E4Clicks Professional Estimator Software, on date exercised.

Option Year 3

(If Exercised)

Most Current R. S. Means Master Composite Cost Database, &

E4Clicks Professional Estimator Software, on date exercised.

Option Year 4

(If Exercised)

Most Current R. S. Means Master Composite Cost Database, &

E4Clicks Professional Estimator Software, on date exercised.

2.9 It shall be the sole responsibility of the SABER contractor to purchase and provide the CPG software, as well as all required maintenance, and annual updates for each network license, for both government and contractor operations and use. The contractor shall purchase and provide all products and services necessary for the installation and use of three (3) government CPG seats / network licenses, as well as all licenses required for contractor in-house use. At a minimum, the CPG licenses shall be compatible with, and operate under Windows 7 through Windows 11. The government CPG software will be installed and accessed through the NPS network servers. The contractor shall be responsible for purchase of the identical CPG that it provides to the government. The contractor shall provide the government with the CPG within 10 calendar days after award of the base contract year, and shall provide all annual updates to the CPG within 7 calendar days of the date each option year is exercised. Only one annual R.S. Means cost / pricing database update will be permitted for the CPG. The contractor shall be responsible for maintaining updates and setting up a support plan account with the CPG software vendors, for the purpose of answering technical questions on the use of the estimating software and database. The government shall have access to this support plan at no additional cost. The contractor shall provide training for a two-day (8 hour) training session, on the use of the CPG. The training shall be accessible via a web based webinar and shall be scheduled within 10 days of software installation. Training shall be conducted for a minimum of 4 and a maximum of 12 government personnel. The actual number of attendees and the training location shall be verified by the contractor prior to establishing the actual training date.

2.10 All CPG software, manuals, and books will remain the property of the government upon contract completion.

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TABLE --- C

TASK ORDER PROPOSAL PHASES

Government issues a written task order request to the SABER contractor for either a standard task order project or a shelved task order project.

Task Order

Magnitude

< $500K

Task Order

Magnitude

> $500K

Contractor Schedules & Initiates Site Visit:

The SABER contractor is responsible for scheduling and coordinating the task order site visit.

10 Days 10 Days

Contractor Develops & Submits Initial Task Order Proposal:

Contractor develops and submits the initial task order proposal / package to the government. Proposal package should include:

• A revised scope of work (SOW), based on the government’s originally provided SOW;

• A line item estimate based on the contract pricing guide (CPG);

• A proposed project schedule;

• list of subcontractors;

• Any other specific submittal(s) required by the original task order request;

7 Days 15 Days

Government Review / Comments / Recommendations:

Government reviews / evaluates / marks-up the contractor’s proposal and line item estimate. Delete line items deemed inappropriate, and provide supportable rationale or justification for deletion. Add additional line items evaluator deems necessary. Provide alternative line items and / or quantities for disputed items in contractor’s estimate.

7 Days 15 Days

Contractor / Government Negotiated Final Proposal & Accepted Task

Order:

Contractor and government negotiate final line items and quantities required to bring task order to a state acceptable to both parties. Once contractor and government agree to final line items and quantities, the contractor submits a final negotiated and accepted proposal that reflects all negotiated changes to the initial line item estimate, SOW, and all other initial proposal documents.

7 Days 10 Days

Task Order Ready For Award 31 Days 50 Days

Typical number of calendar days required to go from the issuance of a task order request, to a negotiated and accepted task order ready for award.

C.3 TASK ORDER REQUEST & AWARD PROCESS – SF MABO SABER CONTRACT (Step-By-Step)

If multiple SABER contracts are awarded under this solicitation, the process for award of task order will be in accordance with FAR 16.505 (b) Orders under multiple--award contracts (1) Fair opportunity.

One of the primary purposes of the SABER contract is to expedite task order award of common, relatively non-complex, real property maintenance, repair, alteration, and/or new construction projects. Therefore, the SABER contractor’s responsiveness under the terms of this contract is paramount. Once the contracting officer or his/her designated representative notifies the contractor of a task order requirement, the SABER contractor is expected to expeditiously prosecute all task order requirements, to include scheduling site visits, and the preparation and submission of SABER task order proposals. Unless delays are caused by the government’s review or approval process, or by some

Solicitation – 140P1221R0013 Lakewood MABO SABER Contract Page 12 of 73 other governmental reason or purpose, the contractor shall complete all task order proposal phases within the number of calendar days provided in Table - C of this SOW. Exceptions to this performance requirement may be granted by the task order contracting officer, if deemed necessary and appropriate.

3.1 Task Order Request:

The Government will issue a written Task Order Request (TOR) to the SABER Contractor. If available and useable, the government may provide existing as-builts, floor plans, design drawings, and/or details for the

Contractor’s use in preparing the formal task order package / proposal. The task order request should include a brief, but adequately detailed, statement / scope of work (SOW), conceptual single line drawings, as-built drawings, photographic documentation, unique / special requirements, schedule requirements, etc., for the task order project. A written TOR shall be issued for both standard and shelved task orders, and must positively identify which type of TOR is being made. Depending on the specific task order requirements, and circumstances, the government’s initial TOR package may be as simple as a one paragraph scope / statement of work, statement of objectives, or concept drawing(s), or a fully designed, 100% construction ready package.

3.2 Task Order Site Visit:

The SABER contractor is responsible for scheduling and coordinating the task order site visit. The site visit is conducted in order to review, discuss, and refine project work requirements; as well as establishing the project’s tentative schedule requirements. The site visit must be conducted within 10 calendar days from contractor receipt of a TOR. Site Verification is perhaps the most important purpose for conducting a site visit, because it is ultimately the SABER contractor’s responsibility to verify actual existing conditions and request any as-built documents (if available), that would be applicable to the project. The government will not award a task order modification to reimburse work to correct a contractor SOW omission that was shown on submitted documents or that could, or would have been observed and identified at the project site. It is the SABER contractor’s responsibility to ensure that the task order SOW / proposal package, fully reflects existing conditions on-site.

3.3 Contractor’s Initial / Preliminary Proposal Package:

After the site visit has been conducted, the contractor develops and submits the initial task order proposal package to the government. The Contractor shall submit a preliminary SOW that is sufficiently detailed to adequately describe all work and work areas for the particular task order. The Contractor’s preliminary SOW shall not be approved until the government finds that it adequately describes the required work. The SOW narratives shall include listing the type of building and its major components, descriptions of the types of systems which will support the facility, major equipment that will be provided, and site work that will be required, structural work, unusual conditions and contractor recommendations. The contractor’s task order proposal shall include the contractor refined SOW and be supported by all necessary documentation to indicate a comprehensive understanding of the work required by the task order and the means and methods to complete that work. Following are examples of documentation which shall be included with task order proposals: means and methods of completing the construction work; equipment catalog cuts and specifications; shop drawings with necessary details to show line item quantities; and one electronic copy of the detailed cost estimate from the CPG; and material submittals for all non-priced items. These items are examples and are not exclusively representative of the total requirements of a complete proposal package.

The contractor shall submit as much documentation as is necessary to substantiate line item quantities and provide the government with the necessary documentation to evaluate the complete package. Whether the contractor has provided adequate supporting documentation to permit the government to conduct a technical evaluation of the proposal, shall be a decision made by the task order contracting officer. If enough documentation has not been provided by the contractor, the task order contracting officer shall in writing, provide the contractor a detailed list of all documentation required. At a minimum, the initial task order proposal package should include the items listed below. See Table – C for number of days allowed to

Solicitation – 140P1221R0013 Lakewood MABO SABER Contract Page 13 of 73 develop and submit the proposal.

A. A revised scope of work (SOW), based on the government’s originally provided SOW;

B. A line item price estimate based on the contract pricing guide (CPG);

C. Preliminary contractor developed project drawings & other necessary documentation;

D. A proposed project schedule, including the total number of calendar days they are requesting to accomplish the task order;

E. List of subcontractors;

F. Any other specific submittal(s) required by the original task order request;

3.4 Government Review of Preliminary Proposal Package:

The government reviews / evaluates / marks-up the contractor’s proposal and line item estimate, and provides the contractor all review comments and recommendations. The government’s review shall identify inappropriate line items that should be deleted, and provide a supportable rationale or justification for all deletions. The government review should identify any additional line items and quantities, which the evaluator believes should have been included in the contractor’s line item estimate. The government evaluator must provide alternative line items and / or quantities for disputed items in the contractor’s estimate. See Table – C for number of days allowed for government review.

In all cases of disputed / contested line item selection and quantities, the contractor and the government technical representative must justify why the use of a specific CPG line item is the most appropriate to use to satisfy the task order requirement. Line item selection / quantities must be clearly and unambiguously supported by the task order proposal SOW, drawings, and actual field verified dimensions, quantities, units, etc. If a dispute arises between the contractor and the government technical representative / staff / end user, as to which CPG line item is the correct or most appropriate to use for a particular requirement the following order of precedence shall be used for line item selection:

A. CPG single pre-priced line item.

B. If two or more CPG single line items are useable, the line item that is most cost effective and favorable to the government shall be used.

C. In all cases the CPG line item selection that is most cost effective and favorable to the government shall be used to satisfy all task order requirements.

D. The decision of the task order contracting officer for line item selection & quantity disputes is final.

3.5 Non-Pre-Priced Items (NPI):

The R. S. Means Master Composite Cost Database, represents perhaps the most exhaustive and comprehensive pre-priced, construction cost database commercially available. But it cannot, and does not contain a line item cost for every conceivable construction requirement. Some task orders may require specialized equipment or work items that are not provided for in the CPG. Unit prices shall be developed and negotiated for all NPI’s. Once negotiated, the unit priced NPI shall then be available for use in subsequent task orders, as a negotiated pre-priced line item. NPI’s will be developed / formulated jointly by contractor and government technical personnel, using appropriate bare labor, material, and equipment costs, and then the appropriate contractor coefficient shall be applied to determine final line item pricing. The

Solicitation – 140P1221R0013 Lakewood MABO SABER Contract Page 14 of 73 intent of any non-priced line item is to supplement the CPG with additional and/or specific-vendor line items and to pay the contractor for the actual cost of the NPI material / equipment costs. The contractor shall provide catalog cut sheets and 3 written quotations to support the price proposal for NPI work. When submitting a quote for material, the contractor is required to do all research just as with normal material quotes. Use of other than the lowest quotation will require written justification from the contractor. The labor rate used to determine installation costs shall be the rates listed in the CPG. The total labor hours on each NPI submittal shall be based on similar work in the CPG, and shall be negotiable by the government.

The negotiated unit pricing for NPI line items do not adjust annually. Any anticipated annual increase in material costs for NPI’s is to be addressed and reflected in the contractor’s coefficient proposed for each contract year. The task order contracting officer’s determination as to the need for, or acceptability of an

NPI shall be final.

3.6 Negotiation & Acceptance of a SABER Task Order Proposal Package:

A. After government review of a task order proposal is completed, it shall be provided to the SABER contractor in writing.

B. Once the government review is provided, contractor and government personnel negotiate all disputed elements of the contractor’s task order proposal, and determine final line items and quantities required to bring task order to a state acceptable to both parties.

C. Once the contractor and government agree to final line items and quantities, the contractor submits a final negotiated and accepted proposal to the contracting officer, which reflects all negotiated changes to the contractor’s initial line item estimate, SOW, and all other initial proposal documents.

D. After government review of the SABER contractor’s final proposal, which shall include all final negotiated task order elements, to include SOW, line item estimate, drawings, etc., and if there are no errors or exceptions, the task order proposal shall be considered approved and accepted.

3.7 SABER Task Order Award:

Once a task order proposal package has been negotiated and accepted, the government shall:

A. Award the contractor a standard task order within 60 calendar days after final negotiation and acceptance of a task order proposal. If the government determines that it wants to make award after

60 calendar days have elapsed, the contractor shall be allowed to renegotiate and submit new or updated material / labor / equipment costs for any line items previously negotiated and accepted.

B. Award the contractor a shelved task order within 365 calendar days after final negotiation and acceptance of a task order proposal. If the government determines that it wants to make award after

365 calendar days have elapsed, the contractor shall be allowed to renegotiate and submit new or updated material / labor / equipment costs for any line items previously negotiated and accepted.

C. Notify the contractor that the task order project is being cancelled, and that the work is no longer required to be accomplished at this time. No compensation will be due the contractor.

Compensation is not required for the initiation, preparation, estimation, negotiation, and acceptance of either a standard or shelved SABER task order. The government reserves the right not to formally award a task order whether or not it has been negotiated and accepted. Task orders become binding upon the SABER contractor and government only after a signed task order is issued.

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C.4 CONTRACTOR’S COEFFICIENTS

4.1 The sum of all line item prices obtained from the CPG (in addition to all NPI’s), shall be adjusted by the appropriate contractor’s coefficient to obtain the total price for each task order. The coefficient may be an increase to the CPG prices (e.g. 1.20), a decrease (e.g., 0.90), or a net zero (e.g., 1.0).

4.2 The coefficient must be formulated to include all contractor costs, including but not limited to the following:

All of Division 1, “General Requirements” section of the CPG of the R. S. Means pricing guides; Contractor government copies of the CPG, updates and training; Overhead & Profit (for both the prime Contractor and any subcontractors or suppliers); Mobilization / Demobilization; Bond Premiums; Insurance; Protection of government property to include any fencing or barriers inside or outside of a building; Costs required to complete the statement of work including as-builts (red-lined markings on drawings provided to the contractor that identify differences in actual site conditions / findings such as the actual location of existing utilities if different from drawings provided by the government or those marked by the local utility) , and all tests and/or samples; Negotiations; Modification preparation costs (positive or negative); Costs for coordination and attendance at site visits; Expenses, charges, claims, fines, and/or fees incurred for compliance with any Federal, State, County, City and/or Tribal code, standard, regulation, or law (including environmental and/or tax laws); General & Administrative expenses; General and Subcontractors expenses for transportation to and from the jobsite; 365 calendar day price guarantee for shelved projects; and other associated contingencies.

4.3 There shall be one coefficient authorized for use under this contract. The Contractor shall provide a coefficient for the base period and for each option year. The cost for all services, fees, miscellaneous labor, materials, equipment, and “over-and-above costs”, shall be included in the coefficient unless expressly excluded/excepted elsewhere in this SOW. Dependent on updates, additions, deletions introduced by R. S.

Means, the CPG line items for the base period and each of the four option years may not necessarily be the same.

C.5 TASK ORDER GENERAL REQUIREMENTS

5.1 PERMITS:

The Contractor shall obtain all permits from Federal, State, or local agencies as identified in the specific

Task Order. Costs for permits shall be included as part of the Contractor’s coefficient.

5.2 SOW & DOCUMENTATION OWNERSHIP:

All SOW documents, surveys, studies, proposals, work plans and other documents submitted by the contractor shall become the property of the government.

5.3 INFORMATION DISCLOSURE:

The contractor shall not publicly disclose any data generated or reviewed under this contract. The contractor shall refer all requests for information concerning site conditions to the Contracting Officer for resolution.

5.4 CODES, REGULATIONS, STANDARDS, GUIDES & MISCELLANEOUS REFERENCES:

The contractor shall adhere to the codes, regulations, standards, guidelines, laws noted below and in the individual task orders. All requirements shall be based on the latest edition applicable at the time the task order is issued. When a required publication is not referenced in this list or the task order, the contractor shall utilize one that has national applications. Where conflicts arise between publications, the most stringent shall apply. The listing below is not all inclusive, but shows the more relevant publications to be used.

International Code Council Codes (ICC):

International Building Code

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International Residential Code

International Fire Code

International Mechanical Code

International Plumbing code

International Fuel Gas Code

International Energy Conservation Code

National Fire Protection Association Codes (NFPA):

NFPA 70 – National Electrical Code

NFPA 101 – Life Safety Code

NFPA 72 – National Fire Alarm Code

NFPA 54 – Nation Fuel Gas Code

NFPA 13 – Installation of Sprinkler Systems

NFPA 13D – Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and

Manufactured Homes

NFPA 13R – Standard for the Installation of Sprinkler Systems in Residential Occupancies

NFPA 58 – Liquefied Petroleum Gas Code

NFPA 90A – Standard for the Installation of Air-Conditioning and Ventilating Systems

NFPA 90B – Standard for the Installation of Warm Air Heating and Air-Conditioning Systems

Occupational Safety and Health Standards (OSHA):

Part 1910 – Occupational Safety and Health Standards

1910.146 – Permit-required confined spaces

Part 1926 – Occupational Safety and Health Standards for Construction

1926.1153 – Respirable crystalline silica

1910.1053 – Respirable crystalline silica

1910.134 – Respiratory Protection

1926.103 – Respiratory protection

1926 Subpart M – Fall Protection

1926 Subpart P – Excavations

1926 Subpart AA – Confined Spaces in Construction

1926 Subpart CC – Cranes and Derricks in Construction

3096 Asbestos Standard for the Construction Industry

3115-06R Underground Construction (Tunneling)

3146 Fall Protection in Construction

3256-07N Fire Service Features of Buildings and Fire Protection Systems

Federal Regulations and Executive Orders:

EO 12759 Federal Energy Management

EO 13101 Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition

EO 13123 Greening the Government Through Efficient Energy Management

EO 13148 – Greening the Government Through Leadership in Environmental Management

EO 13221 – Energy-Efficient Standby Power Devices

EO 13693 – Planning for Federal Sustainability in the Next Decade Energy Policy Act

Code of Federal Regulations:

10 CFR Part 435 Energy Performance Standards for Federal buildings

10 CFR Part 436 Federal Energy Management and Planning Programs

Accessibility:

Architectural Barriers Act Accessibility Standard (ABAAS)

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Parts II and III of the Americans with Disabilities Act

Architectural Barriers Act Accessibility Guidelines

Miscellaneous:

AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)

ANSI C2 National Electric Safety Code

AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING

ENGINEERS (ASHRAE)

ASHRAE Standard 62.1 Ventilation for Acceptable Indoor Air Quality

ASHRAE Standard 90.1 Energy Standards for Buildings Except Low-Rise Residential Buildings

ASHRAE Handbooks: Fundamentals, HVAC System and Equipment, HVAC Applications, Refrigeration.

American Concrete Institute: All standards and Manual of Concrete Practices to be followed.

American Conference of Industrial Hygienists: Industrial Ventilation, A Manual of Recommended

Practices

Sheet Metal and Air Conditioning Contractors National Association, Inc. (SMACNA)

Hardware Manufacturers Association (BHMA)

American Hardware Manufacturers Association (AHMA)

Door and Hardware Institute (DHI)

American Welding Society (AWS)

Steel Door Institute (SDI)

Concrete Reinforcing Steel Institute (CRSI)

Construction Specifications Institute (CSI)

Western Wood Products Association (WWPA)

American Plywood Association (APA) now Engineered Wood Association (EWA)

American Concrete Pipe Association (ACPA)

American Wood Preservers Institute (AWPI)

Wood Truss Council of American

Tile Council of America (TCA)

Underwriters Laboratories (UL)

Truss Joist Institute (TJI)

Brick Industry Association (BIA)

National Concrete Masonry Association (NCMA)

Gypsum Association (GA)

Metal Building Manufacturers Association (MBMA)

National Electrical Manufacturers Association (NEMA)

American Association of State Highway Transportation Officials (AASHTO)

American Concrete Pipe Association (ACPA)

American Institute of Timber Construction (AITC)

Asphalt Institute (AI)

Cast Iron Soil Pipe Institute (CISPI)

Concrete Pipe Association (CPA)

Forest Stewardship Council (FSC)

Architectural Woodwork Institute (AWI)

Modular Systems Building Council (MSBC)

North American Insulation Manufacturers Association (NAIMA)

ASTM American Society for Testing and Materials:

American Institute of Steel Construction (AISC)

National Emission Standards for Hazardous Air Pollutants (40 CFR, Part 61).

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FEDERAL STANDARDS, FED STD 313A Material Safety Data Sheets, Preparation and the

Submission

In addition to the above, the Contractor shall ensure that all State and Local Regulations, Publications, and

Executive Orders are adhered to and complied with as well.

5.5 COMPLIANCE:

A. The Contractor’s responsibility to adhere to all applicable laws, codes, regulations, industry guides, Government policies, etc., can only be waived with specific written approval of the Contracting

Officer. SOW submittal approval by the government does not waive the Contractor from meeting all applicable codes, guides, laws, and regulations, etc. Unless specifically listed, each task order shall comply with the contract Guide Specifications and all other codes/guidelines referenced in section 3.

B. The Contractor is responsible for ensuring that each project meets requirements of the contract

Guide Specifications, and all other applicable standards. If a discrepancy exists between any codes, the Contractor shall notify the government and use the most stringent requirement. Neither the contracting officer, COR or any other Park Unit personnel, has the personal authority to waive health & safety codes, construction law, code, or regulation. Any work that is later found to not meet codes, regulations and/or standards that were in force at the time of task order award shall be reworked at no extra cost to the government.

C. The Contractor is responsible for all environmental permits to include air quality permits, storm water prevention, and all associated paperwork. The Contractor is required to follow all applicable county, state, and/or U.S. government statutes, laws, codes, and regulations. All documentation, labor hours, and filing costs inherent in following these laws shall be included in the Contractor’s coefficient. Copies of all environmental documentation shall be submitted to the government.

5.6 PERIOD OF PERFORMANCE (POP), EXTENSIONS:

Task order POP extensions shall not be granted, unless the contractor can demonstrate to the contracting officer’s satisfaction that additional time is required due to the fault of the government, or that the extension is necessary to properly meet the requirements of the task order due to unforeseen site conditions, or excusable reasons.

5.7 DOCUMENT / INFORMATION CONTROL SYSTEM:

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

5.8 GENERAL CONSTRUCTION REQUIREMENTS AND RESPONSIBILITIES:

The Contractor shall be responsible for all site surveys, calculations, work plans, construction actions;

equipment startups, and testing, repair, and/or training required for satisfactory completion of the work as required by each individual Task Order. This shall include, but not be limited to, providing labor, equipment, materials, and other necessary services and/or products for the construction, implementation, or testing that may be required by the individual Task Order.

A. Submittals

1. Submittal List / Log: The Contractor shall set up a Master Submittal List for items that will regularly be used throughout the contract. The submittal list provided for

Solicitation – 140P1221R0013 Lakewood MABO SABER Contract Page 19 of 73 individual projects shall be submitted to the government within 7 calendar days of the project NTP.

2. Approvals: Submittal approval by the government does not waive the Contractor from meeting all applicable guides, codes and regulations as it is the Contractor’s responsibility to ensure code adherence.

3. Safety Data Sheets (SDS): The Contractor shall submit to the contracting officer, SDS for all anticipated hazardous material usage (e.g. paint, adhesives, solvents, sealants, paint thinners, refrigerants, compressed gases, etc.) for approval by government technical personnel

4. Product Data and Shop Drawings: The Contractor is responsible for submission of product data and preparation of all shop drawings for each Task Order in accordance with requirements contained therein.

5. Safety Program: Site activities performed in conjunction with this program may pose safety hazards which require specialized expertise to effectively address and eliminate. The Contractor shall be responsible for preparing and implementing an effective safety and health program. Unless noted otherwise within individual task orders the Contractor shall generate and submit a project specific safety plan for each task order. On-site work shall not commence until the Government has reviewed and provided the Contractor written notice of acceptance of the Contractor submitted safety plan (Accident Prevention Plan).

6. Quality Control Plan: The Contractor shall provide a quality control plan for each task order unless noted otherwise by the individual task order. The Contractor shall submit the quality control plan to the Contracting Officer for approval. This plan shall be capable of being adapted by means of a supplement to the main plan as required by individual Task Orders

7. Pesticide use Proposal System: The contractor shall have any herbicide or pesticide chemicals approved through the Pesticide use Proposal System (PUPS) for IPM

Integrated Pest Management.

5.9 HOURS OF OPERATION:

A. Standard work hours for each Park Unit may vary, but the standard work hours for Task Orders

(TOs) accomplished under this contract are 7:00 A.M. to 5:00 P.M., Monday through Friday, excluding federal holidays. Specific individual task order requirements may necessitate adjustments, and the task order contracting officer shall make the final determination for task order work hours.

B. The Contractor may request, at his option and at no additional expense to the government, to work during other than standard hours. Requests to work non-standard hours must be submitted in writing to the contracting officer at least one week in advance. No work shall be accomplished during non-standard hours without written approval from the contracting officer. Costs for work to be performed under these circumstances shall be calculated the same as standard work hours.

C. Costs for work that the government requires to be performed during other than standard hours shall be addressed during negotiations for each task order.

5.10 NEGOTIATED CONSTRUCTION METHODS:

Negotiated construction methods or desired equipment shall be used on-site per negotiations. If the

Contractor determines post-award an alternate method of construction, the Contractor will submit a change request in writing to the contracting officer.

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5.11 SITE CLEANUP:

Although the government understands that a construction site is by nature not clean, the NPS desires to have work sites that are as clean, free of construction debris, and uncluttered as possible. For this reason, the

Contractor shall clean work sites continuously to adhere to basic cleanliness and safety standards, and all

FAR clauses for site cleanup. This shall include but is not limited to cleaning all haul routes and using covers for trucks hauling fill material. The Contractor shall respond to all government requests to clean the site within 1 hour. Ultimately it will be the contracting officer, and not the Contractor, who will determine what, constitutes a clean work site. The Contractor shall clean all painted walls, installed flooring (vacuum and shampoo carpet & sweep and polish hard flooring), windows, doors, cabinets, etc. prior to contract final inspection. Any and all construction site cleaning shall be included in the Contractor’s coefficient. The

Contractor shall provide animal proof trash containers as directed by the task order contracting officer.

5.12 CONSTRUCTION BARRIERS & FENCING:

Construction fencing shall be included in the Contractor’s coefficient and shall be provided on all construction projects, unless specifically told otherwise. The fencing is intended not only for site safety and cleanliness, but also for aesthetic purposes. Dependent on task order specific requirements, worksite fencing may include government-approved screen material to hide the work site from visitors and Park Unit personnel. The Contractor shall determine the fencing requirement and area to be screened during the SOW development phase of each task order for the government’s review and approval. The Contractor shall respond to government requests to clean up or fix a downed fence at a job site within 1 hour. For the purposes of this contract, the definition of “construction fencing” shall be any barrier that the Contractor has to erect for site safety, cleanliness (drop cloths, plastic, etc.), screening, and/or protection of government- or

Contractor-owned material inside or outside of any facility. Orange, plastic, perforated “snow fence” may not be considered an acceptable alternative for job-site fencing.

5.13 CONCRETE PLACEMENTS & SITE WORK:

The Contractor shall provide 3-days’ notice, in writing or via e-mail, for all concrete placements. The

Contractor shall provide geotechnical and compaction tests, slumps, and cylinder tests for all critical and/or load-bearing concrete and/or asphalt structures, roads, driveways, parking lots, or as requested by the government. The site must meet minimum specified testing requirements prior to the Contractor commencing form work for concrete. All concrete used for structural, foundation, drive, and/or roadway work must meet minimum specified slump requirements or be rejected by the Contractor. The Contractor shall clear and grub any undisturbed areas prior to placing aggregate base or the foundation. All site surveying in order to properly lay out a building or construction site or determine proper site drainage, rise, slope, etc., shall be included in the Contractor’s coefficient. The Contractor shall not stockpile excavated dirt or other material from one project site and use it at another job site without the written approval of the contracting officer. If the Contractor or the government wishes to reuse excavated dirt, asphalt millings, etc.

from another construction site, line items will be negotiated for loading, hauling & spreading only (or other line items as applicable). The Contractor shall not remove excavated material from the job site unless stipulated in the task order SOW.

5.14 CONSTRUCTION TESTING:

All costs of concrete, asphalt, or site testing will be included as line items in the Contractor’s proposals. The

Contractor shall use the prices shown in the CPG under “Testing and Inspection Services”, for any testing line items. Any line items included in this section dealing with normal day-to-day construction inspection of a job site shall not be used on any task order.

5.15 SITE SAFETY:

During work on a task order, the Contractor is responsible for any site conditions or work practices that cause any accidents and/or damage to government or Contractor owned property. It is the Contractor’s

Solicitation – 140P1221R0013 Lakewood MABO SABER Contract Page 21 of 73 responsibility to protect the site in order to keep unauthorized personnel out and to keep work practices up to all applicable standards in order to prevent on-site mishaps or damage.

5.16 ENVIRONMENTAL TESTING:

The Contractor shall provide complete environmental testing (asbestos / lead-based paint / etc.)…