IFB DOL099RB20779 dated 09172009.pdf

94-0991-1187

Title: Phase 4 Vocational Complex at the Potomac Job Corps Center in Washington, DC

GENERAL CONSTRUCTION: The contractor shall completely prepare the site for building operations including furnish labor, materials, and equipment necessary to accomplish the work indicated within the contract drawings as stated in the specifications to perform work..

Solicitation is a 100% Small Business Set-Aside NAICS Code: 236220 applies with small business size standard $33.5 million Pre-Bid Conference/Walk-Through is September 24, 2009 at 1:00 PM. EDT

SECTION B–Supplies or services and prices/costs SECTION C–Description/specifications/statement of work SECTION D–Packaging and marking SECTION E–Inspection and acceptance SECTION F–Deliveries or performance SECTION G–Contract administration data SECTION H–Special contract requirements SECTION I–Contract clauses SECTION J–List of attachments SECTION K–Representations, certifications, and other statements of offerors or respondents SECTION L–Instruction, conditions, and notices to offerors or respondents

Publication Disclosure:

This action has been identified as being funded under the American Recovery and Reinvestment Act (ARRA), PL 111-5 (February 17, 2009). For each such Government contract, DOL is required to post certain details on the DOL Website, which is linked to Recovery.gov via the award number.

For contracts over $500,000, DOL is also required to post a summary of the contract.

NOTE: This procurement is being funded under the American Recovery and Reinvestment Act (ARRA), Public Law 111-5 (February 17, 2009).

1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

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

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12B.)

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 4-85)STANDARD FORM 1442

Prescribed by GSA YFAR (48 CFR) 52.236-1(d)NSN 7540-01-155-3212

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATIONSOLICITATION

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

9. FOR INFORMATION

CALL: Miriam J. Holst, Contract Specialist (202) 693-7193

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

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within _____14_____ calendar days and complete it within ____300______ calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _____________________________.)

YES NO

A. Sealed offers in original and __2 Blue-Inked__copies to perform the work required are due at the place specified in Item 8 by ___2:00 PM EDT___

(hour) local time _10/22/2009__ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due

B. An offer guarantee is, is not required.

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

D. Offers providing less than _________120___________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

DOL099RB20779

X

OASAM Office of Procurement Services SEE SECTION L U. S. Department of Labor

RM N4308

200 Constitution Ave., NW Washington DC 20210

52.211-10, Section F

X Ten (10)

X

NOTICE: Total 100% Small Business Set-Aside

9/17/09 1 of 51

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO.

16. REMITTANCE ADDRESS

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS 0001 New Vocational Complex for Potomac JCC…………………………………$

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20B. SIGNATURE 20C. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

28. NEGOTIATED AGREEMENT 29. AWARD Your Contractor agrees offer on this solicitation, is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work, requisitions identified award consummates the contract. which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER

TO SIGN

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

OFFER

AWARD

STANDARD FORM 1442(REV. 4-85)BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14)

(Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

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

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

See Block 7

OASAM BRANCH OF INVOICE PAYMENTS

RM: N-4464

US DEPARTMENT OF LABOR

200 CONSTITUTION AVENUE, NW

WASHINGTON DC 20210

Table of Contents

PART I - THE SCHEDULE .........................................................................................................................A-1

SECTION A - SOLICITATION/CONTRACT FORM ..............................................................................A-1

SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) ...................A-1

PART I - THE SCHEDULE .........................................................................................................................B-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS..............................................................B-1

B.1 PRICE/COST SCHEDULE .............................................................................................................B-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK.....................................C-1

C.1 DELIVERABLE–RELEASABLE COPIES– FREEDOM OF INFORMATION ACT ………… C-1

[For this Solicitation, there are NO clauses in this Section]

SECTION D - PACKAGING AND MARKING .........................................................................................D-1

[For this Solicitation, there are NO clauses in this Section] ....................................................................D-1

SECTION E - INSPECTION AND ACCEPTANCE ..................................................................................E-1

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.....................E-1

SECTION F - DELIVERIES OR PERFORMANCE.................................................................................. F-1

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE …………… F-1

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) ………………………………………………………………………………….……... F-1

F.3 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEPT 2000) ALTERNATE I

(APR 1984) ………………………………………………………………………………………….F-1

SECTION G - CONTRACT ADMINISTRATION DATA........................................................................ G-1

G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER’STECHNICAL

REPRESENTATIVE ……………………………………………………………………………………G-1

G.2 PRECONSTRUCTION CONFERENCE ………………………………………………………… G-1

G.3 PERIODIC PROJECT MEETINGS ……………………………………………………………… G-1

G.4 SUBCONTRACTS ……………………………………………………………………………….. G-1

G.5 SHOP DRAWINGS ………………………………………………………………………………. G-1

G.6 OPERATIONS, STORAGE AREAS, AND SECURITY ………………………………………... G-1

G.7 PROJECT SAFETY ………………………………………………………………………………. G-2

G.8 DISPOSAL OR REFUSE …………………………………………………………………………. G-3

G.9 SCHEDULE OF PROGRESS …………………………………………………………………….. G-3

G.10 INVOICE REQUIREMENTS ……………………………………………………………………. G-3

G.11 PAYMENTS TO CONTRACTOR ……………………………………………………..……….. G-3

G.12 FURNISHING INFORMATION AND RECORDS ……………………………………………... G-4

G.13 WORKER’S COMPENSATION LAWS ………………………………………………………… G-4

G.14 REQUIRED INSURANCE ………………………………………………………………………. G-4

G.15 EQUITABLE ADJUSTMENTS ………………………………………………………………….. G-5

G.16 TEST RESULTS ………………………………………………………………………………….. G-7

G.17 AS-BUILT RECORD OF MATERIALS AND INSTALLATION ………………………………. G-7

G.18 SUBSTANTIAL COMPLETION ………………………………………………………………… G-7

G.19 CONTRACT CLOSEOUT ……………………………………………………………………….. G-8

G.20 PRECEDENCE OF PLANS, SPECIFICAITONS, AND CLAUSES ……………………………..G-9

SECTION H - SPECIAL CONTRACT REQUIREMENTS ..................................................................... H-1

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE …………...H-1

H.2 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

ALTERNATE I (APR 1984) ………………………………………………………………………H-1

PART II - CONTRACT CLAUSES ............................................................................................................. I-1

SECTION I - CONTRACT CLAUSES....................................................................................................... I-1

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE....................... I-1

I.2 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (MAR 2009) ............................................................................ I-3

I.3 52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT--REPORTING

REQUIREMENTS (MAR 2009) ................................................................................................... I-4

I.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION ………….I-7

(JUNE 2007)

I.5 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION

DUES OR FEES (DEC 2004) ........................................................................................................ I-8

I.6 52.225-21 REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED

GOODS--BUY AMERICAN ACT--CONSTRUCTION MATERIALS (MAR 2009)................. I-10

I.7 52.228-1 BID GUARANTEE (SEP 1996)..................................................................................... I-12 I.8 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (NOV 2006) ........ I-13 I.9 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)............... I-14 I.10 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) ....................... I-20

I.11 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)……..I-20

I.12 52.243-7 NOTIFICATION OF CHANGES (APR 1984) ………………………………………..I-21

I.13 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)................................................... I-23 I.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998).................................... I-24

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS ...............................J-1

SECTION J - LIST OF ATTACHMENTS...................................................................................................J-1

PART IV - REPRESENTATIONS AND INSTRUCTIONS.................................................................... K-1

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS......................................................................................................................................... K-1

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE ........K-1

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS .............................L-1

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE......... L-1 L.2 52.216-1 TYPE OF CONTRACT (APR 1984).............................................................................. L-1

L.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) ................................... L-1 L.4 52.233-2 SERVICE OF PROTEST (SEP 2006) ............................................................................ L-2 L.5 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) .............. L-3 L.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998).... L-3

L.7 BID SUBMISSION REQUIREMENTS ……………………………………………………………L-3

DOL099RB20779 Section B

SUPPLIES OR SERVICES AND PRICE/COSTS

B-1

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT

NO. SUPPLIES/SERVICES PRICE

1 1.00 lot ____________________ _____________________ Recovery Act of 2009 for Potomac Job Corps Center - New Vocational Complex.

GRAND TOTAL ---

DOL099RB20779 Section C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1

C.1 DELIVERABLE - RELEASABLE COPIES - FREEDOM OF INFORMATION ACT

The Freedom of Information Act (FOIA) permits withholding information under several exemptions, including Exemption 4 which protects "trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential," 5 U.S.C. 552(b)(4). Within 5 business days of contract award, the contractor shall provide a statement that the contract is available for full disclosure under the FOIA or provide a scanned PDF of the redacted copy of the contract identifying the specific potions the contractor believes are covered by the particular exemption requested.

Any redactions must be fully supported under the FOIA. In the event the Government notifies the contractor that it does not agree with a proposed redaction, the contractor shall have 5 business days to submit additional information to support the requested redaction. For subcontracts, within 5 business days of the contractor's award of any subcontract over $500,000 the contractor shall provide the Government a scanned PDF copy of the subcontract with a statement that the copy is either available for full disclosure, or identifying the specific portions believed to be covered by the particular exemption requested. Redactions should be limited to those protections provided under the FOIA. Following the procedures above, the Government has the right to notify the contractor of any disagreement with proposed redaction or exemption requests.

The Statement of Work/ Specifications is available for download at:

http://www.solicitationattachments.com/potomac

DOL099RB20779 Section D

PACKAGING AND MARKING

D-1

[For this Solicitation, there are NO clauses in this Section]

DOL099RB20779 Section E

INSPECTION AND ACCEPTANCE

E-1

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

DOL099RB20779 Section F

DELIVERIES OR PERFORMANCE

F-1

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.211-13 TIME EXTENSIONS SEP 2000

52.242-14 SUSPENSION OF WORK APR 1984

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 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 days after receipt of award. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by (TO BE DETERMINED). The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure e of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F.3 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEPT 2000) ALTERNATE I (APR 1984)

(a) If the Contractor fails to complete each separate part or stage of the work within the time specified in the contract for that part or stage, or any extension, the Contractor shall pay to the Government as liquidated damages the following amounts:

LIQUIDATED DAMAGES

PART OR STAGE OF THE WORK FOR EACH DAY OF DELAY

$850.00

(b) If the Government terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work.

(c) If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted.

DOL099RB20779 Section G

CONTRACT ADMINISTRATION DATA

G-1

G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

The authorized representative of the Contracting Officer, the Contracting Officer’s Technical Representative (COTR) shall be identified within the COTR Designation Letter after contract award.

G.2 PRECONSTRUCTION CONFERENCE

A preconstruction conference shall be held at a place and time to be determined by the Contracting Officer within two weeks of Notice to Proceed. Contractors and their subcontractors are urged to attend. The purpose of this conference is to review procedures and to discuss questions in regard to the contract documents. The Contracting Officer or his/her representative will make clarifications.

G.3 PERIODIC PROJECT MEETINGS

The Contracting Officer may, at his/her discretion, establish periodic progress meetings for the general contractor and subcontractors in the interest of coordination and construction work.

G.4 SUBCONTRACTS

Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among subcontractors or limit the work performed by and trade.

The contractor shall be responsible to the Government for acts and omissions of its own employees and of subcontractors and their employees. The Contractor shall also be responsible for the coordination of the work of the trades, subcontractors, and suppliers.

The Government will no undertake to settle any differences between or among the Contractor, subcontractors or suppliers.

G.5 SHOP DRAWINGS

The Contracting Officer's representative for the review of shop drawings will be the Design/Architect/Engineer or other representatives determined at the preconstruction conference. If there appears to be a change of scope as the result of a shop drawing review, the Contracting Officer will resolve the matter pursuant to Clause 52.243-7 of the General Provisions.

G.6 OPERATIONS, STORAGE AREAS, AND SECURITY

All operations of the Contractor (including storage of materials) upon Government premises shall be confined to areas authorized or approved. The Contractor shall erect whatever barriers or enclosures are necessary to define the site and protect the materials, equipment and work. The Contractor shall hold and save the Government, its officers and agents, and the Center Operating Contractor free and harmless from liability of any nature occasioned by its operations.

The Contractor shall comply with regulations governing the operations on the premises which are occupied and shall perform the contract in a manner that will not interfere with the conduct of normal business.

All persons employed under this contract shall, while on the premises, observe the regulations in effect at the site, and are cautioned that entrance to any existing building outside the scoped of the contract is forbidden, except by official permission.

The Contractor will be doing the work on federally owned or controlled property. All persons employed under the contract are to observe security regulations in effect at the site. The Contractor and all persons employed under the contract

G-2 are required to comply with established security, sign-in, and random search procedures.

All work that will affect or alter the normal operations of the Center is to be coordinated with the operating contractor of the Center through the Architect/Engineer at least one week in advance. If the work requires partial or total interruption of utilities, two weeks written notice must be given.

The Contractor shall furnish and install barricades or enclosures necessary to keep all dust and debris away from the facilities that are to remain in use at the Center.

The Contractor shall carefully remove and relocate all salvageable material to such areas as designated by the Contracting Officer.

The Contractor and all persons employed under the contract will not be permitted to utilize the food service facilities at the Center.

The Contractor and all persons employed under the contract will not be permitted to fraternize with the corpsmembers or staff at the Center.

Under no condition will the Contractor or any persons employed under the contract be permitted to consume or transport any alcoholic beverages, drugs, or firearms on the kite.

Any person found violating these or any other conditions set forth in the contract document will be barred from the project.

G.7 PROJECT SAFETY

The Contractor shall be responsible for initiating, maintaining, and supervising a safety program in connection with the construction project. All reasonable precautions are to be taken to provide protection and to prevent damage, injury, or loss to:

Employees and others who may be affected by the construction project.

All project materials and equipment on the site.

Other property on the site or adjacent thereto.

The Contractor is to erect and maintain approved barricades and all reasonable safeguards for safety and protection, including the posting of danger signs and other warnings against hazards.

During any approved new construction, the Contractor is to erect a fence or other barrier around the construction site and any required storage and staging areas.

Current OSHA regulations must be followed in the placement or erection of safety barriers around excavation. The Contractor will not be permitted to commence with any excavation until this enclosure is completely erected and its completion verified by the Architect/Engineer.

During any repairs, alteration, or additions to existing facilities, the Contractor is to provide a secure separation between the areas where the work is to be performed and areas that are utilized by the Job Corps Center. Care must be taken by the Contractor to provide continuous and uninterrupted occupancy of the adjacent spaces or facilities.

G-3

G.8 DISPOSAL OF REFUSE

Refuse resulting from construction operations shall be removed from the site. Refuse shall not be allowed to accumulate for more than one week, or shall be removed at more frequent intervals if directed by the Architect/Engineer.

G.9 SCHEDULE OF PROGRESS

The Contractor shall submit three copies of an updated construction schedule to the Architect/Engineer with each pay request, and when required by major changes in the work or schedule. If the Contractor fails to submit a progress schedule within the time herein prescribed, the Contracting Officer may withhold approval of progress payments until such time as the Contractor submits the required progress schedule.

G.10 INVOICE REQUIREMENTS

Invoicing process and procedure will be furnished to the Contractor at the Pre-Construction Meeting.

G.11 PAYMENTS TO CONTRACTOR

Before the first progress payment under this contract becomes due, the Contractor shall prepare a Schedule of Values of the contract price that is acceptable to the Contracting Officer. The Schedule of Values is a detailed breakdown of the costs for the various components of the construction project into individual labor and material line items, which will be used in determining progress payments. No progress payment request will be accepted or considered for payment until the Schedule of Values has been accepted and approved by the Contracting Officer based on the recommendations made by the Contracting Officer’s Technical Representative (COTR).

The Contractor’s Schedule of Values shall provide a line item of at least 10% of the contract price to cover preparation and delivery of the required close out documents specified in Section G.17. The Schedule of Values shall be set up by participating trades and when more than one building/structure/phase is involved, the breakdown shall be set by trades according to building/structure/phase.

Preparatory work done (including shop drawings) will be taken into consideration in preparing estimates upon which progress payments are based.

Unless otherwise provided in the specifications, materials delivered that will be incorporated into the structure will be taken into consideration in computing progress payments, provided the material is delivered on the site, or is delivered to the Contractor and properly stored by the Contractor in a warehouse, storage yard, or similar suitable glace as may be approved by the Contracting Officer. Before each such payment is made for delivered material stored on the site, the Contractor shall furnish to the Contracting Officer such evidence as may be required as proof of the quantity and value of such materials. Before each payment is made for delivered materials stored on or off site, the Contractor shall furnish the Contracting Officer properly executed bills of sale for the delivered material upon which payment is being made. The Contractor shall remain responsible for such stored materials.

Estimates on which progress payments are based shall include the value (as determined by the Contracting Officer) of satisfactory in place work performed pursuant to a change order as to which final agreement on the equitable price adjustment has not been reached, provided, however, that (except in an unusual case where unilateral determination cannot be made, as provided in the Equitable Adjustment Clause) no further progress payments shall be made under the provision of this paragraph after work is 50% completed as determined by the Contracting Officer.

The Contractor shall not be deemed to have the right to receive any payment due or to become due under this contract unless and until the Contractor's surety has made payment in settlement of claims by suppliers of labor or material in accordance with the requirements of the surety's undertaking under the payment or performance bond and has so notified the

G-4

Contracting Officer of the claims and amounts so paid.

In accordance with FAR 22.406-6, Payrolls and Statements and 52.222-8, Payrolls and Basic Records; certified “payrolls are due no later than seven (7) calendar days after regular payment date of the payroll week covered for the contractor and each subcontractor. The Contractor may use the Department of Labor Form WH-347, Payroll (For Contractor’s Optional Use) located at http://www.dol.gov/esa/whd/forms/wh347.pdf.

G.12 FURNISHING INFORMATION AND RECORDS

If the Contractor or any subcontractor under this contract, or the officers or agents of the Contractor or any subcontractor, shall refuse or have refused, except as provided by the terms of the prime contract involved, to furnish to any Government agency or establishment in the legislative or judicial branch of the Government, information or records reasonably pertinent to this contract, or any other Government contract in connection with which the Contractor or such subcontractor has or shall have performed work or furnished materials or supplies or undertaken to do so, the following action may be taken:

In the case of a refusal by the Contractor, its officers or agents, the Government may, after affording an opportunity to explain or justify such refusal, terminate the Contractor's right to proceed with the work under the contract and thereupon the Government may avail itself of the rights and remedies provided in the clause entitled Default of this contract in addition to any other rights and remedies provided by law and under this contract.

In the case of a refusal by a subcontractor, its officers or agents, the Government may, after affording an opportunity to explain or justify such refusal, require the Contractor to terminate the subcontract without cost to the Government, or if the Contractor fails or refuses to effect such termination, the Government may terminate the Contractor's right to proceed with the work under this contract and thereupon the Government may avail itself of the rights and remedies referred to above.

The term "subcontract" as used in this paragraph means any contract entered into, or any purchase order issued by, a prime contractor under contract with the Government in connection with the performance of the prime contractor's obligations under such Government contract.

The term "subcontractor" as used in this paragraph means a party to a subcontract other than the prime contractor under the related Government contract.

G.13 WORKER'S COMPENSATION LAWS

The Act of June 25, 1936, 49 Stat. (40 U.S.C. 290) authorized the constituted authority of the several States to apply theirworker’s compensationlaws to all land and premises owned or held by the United States.

G.14 REQUIRED INSURANCE

The Contractor shall procure and maintain, during the entire period of performance under this contract, the following minimum insurance:

Worker's Compensation and Employer's Liability.

1. Statutory: Amounts in coverage as required by the State compensation laws, including provisions for voluntary benefits as required in labor union agreements, and including provisions for extending policy in accordance with laws other jurisdictions.

G-5

2. Employer's Liability: At least $100,000 each accident.

Builder's Risk

The Contractor shall provide Contractor's Builder's Risk and Fire and Extended Coverage Insurance to protect the Government and the Contractor and subcontractors against loss caused by the perils insured against the amount of 100% of the value of the construction project, including items of labor and materials in place or to be used as part of the permanent structure, including surplus materials, temporary structure, and miscellaneous materials and supplies incidental to the work. Such insurance may be maintained in full force and effect until the project is accepted. Policies shall be written to include the United States Government and the Contractor. Write in the words "as their interest may appear". Remove "XCU" exclusions relating to damage caused by simple explosion, collapse, shoring, grading, and underground utilities.

Comprehensive General Liability (or Blanket Liability)

Contractual liability, including completed operations liability, will be kept in force for at least one year after work has been completed. Coverage will be provided to include the Federal Government and its Operating Contractor. Limits will be:

1. Bodily injury liability - at last $250,000 each person; $500,000 each occurrence.

2 Property damage liability - at least $250,000 each accident; $250,000 aggregate.

3. Broad form property damage basis - remove "XCU" exclusions relating to damage to property caused by explosions, collapse, shoring, grading, and underground utilities.

Comprehensive Automotive Liability Insurance

This will include coverage for owned, non-owned, and hired vehicles. Bodily injury liability: At least $250,000 each person; $500,000 each occurrence.

Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. Companies should be acceptable to the Government. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or material change in the policies diversely affecting the interest of the Government shall not be effective until thirty (30) days after written notice thereof to the Contracting Officer.

The Contractor agrees to insert the substance of this clause, including this last paragraph, in all subcontracts hereunder.

The Certificate of Insurance cancellation section shall read:

"Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days w r i t t e n notice to the below named certificate holder or to the certificate holder named to the left."

G.15 EQUITABLE ADJUSTMENTS

The provisions of the Differing Site Conditions clause (52.236-2) and the Changes clause (52.243-4) of this contract are supplemented as follows:

The Contractor shall submit a proposal, in accordance with the requirements and limitations set forth in this "Equitable Adjustments" clause, for the work involving contemplated changes covered by the request. The proposal shall be submitted within the time limit indicated in any written request or any extension of such time limit as may he subsequently granted. The Contractor's written statement of the monetary extent of a request for equitable adjustment shall be submitted in lump sum with an itemized breakdown as follows:

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Direct Costs

Material quantities by trades and unit costs (manufacturing burden associated with material fabrication performed off the job site will be considered to be part of the material costs of the fabricated item delivered to the job site).

Labor breakdown by trades and unit costs (identified with specific item of material to be placed or operation to be performed).

Construction equipment exclusively necessary for the change.

Worker's Compensation and Liability Insurance.

Employment taxes under FICA and FUTA.

Bond costs - when size of change warrants revision, as determined by the Contracting officer pursuant to Clause 52.228-2.

Overhead, Profit, and Commission

The maximum allowable overhead, profit, and commission percentages given in this paragraph shall be considered to include, but are not limited to, job-site staff and office expense; incidental job burdens; small tools; and general office overhead allocation. The percentages for overhead, profit, a commission shall be negotiated and may vary according to the nature, extent, and complexity of the work involved, but in no case shall exceed the following:

Overhead Profit Commission

To Contractor on work performed by other than its own forces . . . N/A N/A 10%

To first tier subcontractor on work performed by its subcontractors . . . . . . . . . . N/A N/A 10%

To Contractor and/or subcontractor for that portion of the work per-formed with their respective forces . . . . . . . . . . . . . . 10% 10% N/A

Not more than four percentages, not to exceed the maximum percentages shown above, will be allowed, regardless of the number of tier subcontractors. In proposals covering both increases and decreases in the amount of the contract, the application of overhead and profit percentages shall be on the net increase in direct costs for the Contractor or subcontractor performing the work. However, where the Contractor or first tier subcontractor receives proposals in additive and deductive amounts from separate lower tier subcontractors, the commission shall be allowed on the added amounts prior to subtraction of the credit amounts.

The Contractor shall submit with the proposal a request for a time extension (if any), and shall include sufficient information and dates to demonstrate whether and to what extent the change will delay the contract in its entirety.

In considering a proposal, the Government shall make check estimates in detail utilizing

G-7 unit prices where specified or agreed upon, with a view to arriving at an equitable adjustment.

After receipt of a proposal, the Contracting Officer shall act thereon within 30 days; provided, however, that when the necessity to proceed with a change does not allow time to properly check a proposal or in the event of failure to reach an agreement on a proposal, the Government may order the Contractor to proceed on the basis of a price to be determined at the earliest practicable date. Such price shall not be more than the increase or less than the decrease proposed, except that on proposals under $100,000, the increase shall not exceed the proposed increase plus 10%.

If a mutually acceptable price cannot be reached, the Contracting Officer may determine the price unilaterally.

The provisions of the Differing Site Conditions clause (52.236-2) and the Changes clause (52.243-4) of this contract are supplemented as follows:

The contractor shall submit all claims for equitable adjustments in accordance with, and subject to, the requirements and limitations set for in this "Equitable Adjustments" Clause.

G.16 TEST RESULTS

The Contractor must maintain a complete record of all required performance and system tests and reports that are conducted at the construction site. Copies of these test reports must be transmitted to the Architect/Engineer for review and verification of compliance with the contract documents. Copies of all verified test results are to be transmitted to the Government Authorized Representative.

G.17 AS-BUILT RECORD OF MATERIALS AND INSTALLATION

Prior to the closeout of the project, the Contractor shall furnish an "as-built" record of materials used in the construction. Submittal of this data is made a condition for final payment under the contract. Where several manufacturers' brands, types, or classes of the items listed have been used in the project, the specific areas where each item was used shall be designated. Designations shall be keyed to the area and space designations on the contract drawings. As a general guide, the type of information to be recorded shall include:

All revisions, except minor or noncritical dimensions.

Changes in significant details.

All omissions, including work omitted by accepted alternates.

Additions to the work.

Dimensioned locations of major or main utility lines, such as main conduit runs, piping mains, and similar work.

Location of control valves.

After review by the Architect/Engineer, the Contractor shall make any required corrections and provide a reproducible set of record drawings to the Architect/Engineer.

G.18 SUBSTANTIAL COMPLETION

Substantial Completion is the stage in construction when the project, or a designated portion thereof, has reached a state of completion which would permit the occupancy and/or use by the Department of Labor for its intended function. Substantial completion is further dependent upon the Contractor providing ail essential training on operations and maintenance, as required, to the designated Center personnel. Unless indicated otherwise, the Date of Substantial Completion, as acknowledged by the Government, is also the commencement date of all warranties and guarantees required by the contract documents.

G-8

When the Contractor feels that the work is substantially complete, he/she should notify the Department of Labor through the Architect/Engineer, requesting a substantial completion walk-thru inspection. Attached to the request must be a list of items to be corrected/completed (punchlist). An inspection of the work shall be conducted by the project Architect/Engineer to review the punchlist and verify its accuracy; should the Contractor's punchlist prove to be inaccurate or incomplete, the Architect/Engineer shall provide revised punchlist. At the time of the inspection, the Contractor may be required to submit to the Architect/Engineer all inspection reports, test results, operation and maintenance manuals, keys and keying schedules, and approved shop drawings for the substantially complete work.

This information will then be turned over to the Center Operator.

Upon the successful completion of the inspection, both the Contractor and the Architect/Engineer shall provide certification of substantial completion, using the form provided in Appendix "A". Four copies of the Certificate of Substantial Completion, all with original signatures and with a punchlist attached to each, shall be submitted by the Architect/Engineer to the Department of Labor's Government Authorized Representative for acknowledgement.

Not until the date and Certificate of Substantial Completion have been fully acknowledged by the Department of Labor Government Authorized Representative, will the Contractor be relieved of the responsibility for the security and maintenance of the work, except for punchlist items. Following acknowledgement by the Department of Labor, the Contractor shall provide any required additional training to designated Center Personnel, and shall also complete the punchlist items in accordance with the schedule identified in the Certificate of Substantial Completion. Failure to complete punchlist items within the schedule may be a breach of contract and will be subject to the sanction of the contract.

G.19 CONTRACT CLOSEOUT

After the Certificate of Substantial Completion has been acknowledged by the Department of Labor, and the correction/ completion of the new punchlist items has been accomplished, the Contractor should submit a Notice of Final Completion to the Department of Labor through the Architect/Engineer and to the satisfaction of the Department of Labor through the Architect-Engineer, requesting a final walk-thru inspection. Following the final inspection upon the recommendation of the Architect! Engineer and to the satisfaction of the Department of Labor that the work is fully completed and acceptable, the Contractor should submit all documents required for contract closeout.

The following documents shall be submitted in triplicate to the Architect/Engineer for review and transmittal to the Department of Labor for approval:

Contractor, subcontractor(s), and major supplier(s) Releases of Liens.

Certification of payment to subcontractors and suppliers.

Consent of Surety to final payment.

Copies of all record drawings.

Copies of all warranties, guarantees, and maintenance manuals.

Certificate of one-year Comprehensive General Liability Insurance.

(One year from Substantial Completion. If, for any reason, the project proceeds directly to final completion, and no Certificate of Substantial Completion is issued, then insurance shall be for one year from the date of the final walk-thru, as attested to by the Architect/ Engineer and acknowledged by the Government.)

Final payment under the contract will not be made until all required documents, including those listed above, are received and approved by the Department of Labor.

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G.20 PRECEDENCE OF PLANS, SPECIFICATIONS, AND CLAUSES

In the event of conflict or inconsistency between any of the provisions of this contract, precedence shall be given to the following order:

Standard Clauses of the contract (those bearing numbers beginning with "52").

The Supplemental Provisions.

The specifications, including any and all addenda.

The drawings.

In the case of differences between small and large scale drawings, the large scale drawings shall take precedence over any conflicting notations on the drawings. On any of the drawings where a portion of the work is drawn out and the remainder is shown in the outline, the parts drawn out shall apply also to all other like portions of the work.

Where the word "similar" occurs on the drawings, it shall have a general meaning and shall not be interpreted as being identical, and all details shall be worked out in relation to their location and their connection with ocher parts o f the work.

END OF SUPPLEMENTAL PROVISIONS

DOL099RB20779 Section H

SPECIAL CONTRACT REQUIREMENTS

H-1

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)" in Section I of this contract.

NUMBER TITLE DATE

52.236-2 DIFFERING SITE CONDITIONS APR 1984

APR 198452.236-3 SITE INVFSTIGATTON AND CONDITIONS

AFFECTING THE WORK

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NO 1991

52.236-8 OTHER CONTRACTS APR 1984

52.236-9 PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

APR 1984

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 NO 1991

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.236-16 QUANTITY SURVEYS APR 1984

52.236-17 LAYOUT OF WORK APR 1984

H.2 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

ALTERNATE I (APR 1984)

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words "directed," "required," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the "direction," "requirement," "order," "designation," or "prescription," of the Contracting Officer is intended and similarly the words "approved," "acceptable," "satisfactory," or words of like import shall mean "approved by," or "acceptable to," or "satisfactory to" the Contracting Officer, unless otherwise expressly stated.

DOL099RB20779 Section H

SPECIAL CONTRACT REQUIREMENTS

H-2

(c) Where "as shown," "as indicated," "as detailed," or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed."

(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements and (2) the installation (i.e., form, fit, and attachment details) of materials of equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefore. Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions it such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below.

(f) If shop drawings show variations from the contract requirements, the Contractor shall…