Draft JOC SOW.docx

DESCRIPTION/SPECIFICATION/WORK STATEMENT

TABLE OF CONTENTS

Paragraph No. Title

1 GENERAL REQUIREMENTS

2 MANAGEMENT AND ADMINISTRATION

3 TASK ORDER PRICING

4 COEFFICIENTS

5 R. S. MEANS COST DATA

6 TOOLS AND EQUIPMENT

7 IDENTIFICATION OF WORK AND TASK ORDER PREPARATION

8 REVIEW OF CONTRACTOR PROPOSAL

9 ISSUANCE OF TASK ORDER

10 EXECUTION OF WORK

11 MINIMUM INSURANCE REQUIREMENTS

12 PERFORMANCE GUARANTEE OR BOND REQUIREMENTS

13 PARTNERING MEETINGS

14 WORK RESTRICTIONS

15 SCHEDULE

16 HEALTH AND SAFETY

17 QUALITY MANAGEMENT

18 TEMPORARY FACILITIES AND CONTROLS

19 ENVIRONMENTAL PROTECTION

20 ENVIRONMENTAL MANAGEMENT SYSTEM

21 FACILITY ELECTRONIC OPERATION AND MAINTENANCE SUPPORT INFORMATION

(eOMSI)

GENERAL REQUIREMENTS

1 GENERAL INFORMATION

Except where otherwise stated, the Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, and other items necessary to perform incidental design, renovations, repairs, maintenance, replacements, alterations, demolition, and NAVFAC Construction Category II, III, and IV tasks under this fixed-price Job Order Contract (JOC). The Contractor may be required to provide narratives, sketches, material catalog cuts, and quantity take-off with each Task Order proposal to ensure common understanding. Work ordered under this contract may require the Contractor to obtain a professional engineer’s stamp for design services, require scope development by Contractor on-site visit, or perform based on a Government-provided design. Projects that require a professional engineer’s stamp can be included under this contract and shall be registered with the National Council of Examiners for Engineering and Surveying (NCEES). Work will be performed in various locations within U.S. Naval Station Rota, Spain (NAVSTA Rota) and other locations on the Iberian Peninsula, including Moron Air Base and National Support Elements in Madrid, Valencia, and Lisbon, Portugal.

Performance requirements and standards will be provided in individual Task Orders. Project locations and scopes of work will be indicated on individual Task Order requests for proposal issued by the Government. The Contractor is required to comply with all applicable U.S. federal and local laws and regulations. All work performed shall conform to the Naval Facilities Engineering Command (NAVFAC) Guide Specifications, standard industry work practices, and the provisions of this contract. Unless otherwise directed by the Contracting Officer or his/her designated representative, all work shall be performed in accordance with the current National Electrical Code, National Fire Code, International Building Code, Uniform Plumbing Code, Uniform Mechanical Code and Uniform Facilities Criteria. These Codes take precedence over all other direction that may be provided herein or with individual Task Orders.

1.1 Basic Principles of the JOC

Pricing for each Task Order will be by pre-priced (R.S.MEANS Cost Data) and non-pre-priced methods. A major element of the JOC process is the use of applying a coefficient (multiplier) to proposal costs for specific Category II through IV construction and repair tasks. The coefficient must include not only the Contractor’s overhead and profit, but also all other costs associated with doing business that are not represented in the R. S. MEANS bare costs or in Subcontractor’s proposals.

1.1.1 For each project, the Government and the Contractor follow the same steps:

1.1.1.1 Conduct a Joint Scope Meeting at the site to review and discuss the work and the construction schedule;

1.1.1.2 Prepare a Detailed Scope of Work;

1.1.1.3 Government issues a Request for Proposal;

1.1.1.4 Contractor prepares a price proposal in the format requested and submits a proposed construction schedule, list of Subcontractors and other documents required by the Task Order;

1.1.1.5 Government reviews the proposal to ensure the right tasks and quantities were used;

1.1.1.6 Government and Contractor negotiate price and schedule

1.1.1.7 If Government is in agreement with price, schedule, Subcontractors, etc. it may issue a Task Order for the project.

1.2 Construction Work Categories

The Contractor is required to understand and comply with all local environmental or usage permit requirements, and shall, at no additional expense to the Government, obtain all appointments, licenses, and permits required to perform work under this contract. Evidence of such permits and licenses shall be provided to the Contracting Officer before work commences and at other times as requested by the Contracting Officer.

1.2.1 Category II construction services are primarily composed of projects with designs which have a limited number of disciplines. These projects may have substantial financial, schedule, and/or life safety risk. Local environmental or usage permits may be required. Building and/or site approvals are required. Projects are for renovations and/or some new construction. Design is obtained through the Designer of Record, which include routine designs, plans, and limited specifications (supplemented by contractor-furnished shop drawings and submittals), and site investigation or studies. These projects may be for installation, replacement or repair of equipment/systems that incorporate conventional technology. Examples of typical Category II work include: fire protection alarm installation or replacement; pedestrian bridges; pre-engineered buildings with utilities; conversion of space; dredging; electrical standby generator systems, energy projects for single EMCS system; erosion control; exterior electrical distribution, security fences for ATFP; installation or replacement of fire protection systems; reinforced foundations; replacement or upgrades of HVAC systems > 5 tons; multi-story plumbing; residential housing; road construction; runway or taxiway lighting; traffic signals; storm drainage; sports fields; fire protection sprinklers; utility upgrades; and inspection, maintenance, and repair of waterfront facilities.

1.2.2 Category III construction services are primarily composed of minor renovation or repair. No permits are required unless specifically requested in the Task Order; however, the Contractor shall comply with all applicable local laws. Building and/or site approvals are not required. There are no plans and specifications; work is developed from a scope of work supplemented by professional engineering staff as needed with sketches, catalog cuts, and/or narrative descriptions. Examples of typical Category III work include: fire protection alarm relocation; pre-engineering buildings (>120 sf) with no utilities; installation of pre-fabricated carports; replacement of conveyors; non-structural demolition; overhead door repair/replacement (>100 sf); replacement of non-load bearing wall; exterior insulation finish system; HVAC package units (<5 tons, ground level); paving, asphalt overlay, large repair; sprinkler head, fire protection relocation/replacement (<21); roof replacement, structural repair in-kind; stairs, interior or exterior, single flight pre-engineering; utilities – connecting to existing with provider consultation; walls partition, no ingress/egress issues, no utilities; and window installation on non-load bearing walls.

1.2.3 Category IV construction services includes work without permits and is built from client requirements. There is no structural, electrical (primary distribution system), mechanical (HVAC), fire protection, intrusion detection, anti-terrorism force protection, or hazardous abatement. It may include replacement or repair of fixtures, hardware, and finishes. Examples of typical Category IV work include protective bollards (not on piers or for ATFP purposes); pre-engineered buildings (<120 sf) with no utilities; parking lot bumpers; pre-engineered bus stop with no utilities; floor cabinet installation; wall cabinets; cable TV receptacles; floor carpet replacement/installation; laminate countertop installation; solid surface countertop; under sink waste disposer installation; overhead garage door replacement (<100 sf); replacement of personnel doors (non-fire rated doors in non-fire rated walls); asphalt repair or replacement; concrete driveway repair or replacement; dumpster enclosure; ceiling fan replacement; exhaust fan replacement; lighting fixture replacement; plumbing fixture replacement; ceramic floor tile; hardwood and vinyl floor; garage door electric openers; GFCI electrical receptacles; gutters and downspouts; disabled ramps at curbs; handrail/guardrail replacement; replacing door hardware; replacing window hardware; baseboard electric heater replacement; duct installation; pipe installation; wall installation (non-load bearing); landscape sprinkler system; landscaping (<5,000 sf); installing wall mirrors; installing motion detectors; exterior painting (no lead paint removal); interior painting (no lead paint removal); concrete or synthetic parking bumpers; parking lot striping; landscaping pavers; built-up roof repair (no structural); fiberglass roof shingle repair by replacement (no structural); standing seam metal roof repair (no structural); light duty shelving; concrete sidewalk; exterior vinyl siding; architectural signage; clearing and grubbing site preparation (<1 acre); roof skylight; solar lighting; wood exterior stair replacement; roof ventilator replacement; interior wall wainscot; ceramic tile wall; vinyl base wall; vinyl covering wall; film tint windows; window replacement (non-load bearing); storm windows.

1.3 Performance Requirement

The services provided by this contract are vital to the Government’s overall effort, and continuity must be maintained at a consistently high level without interruptions. The Contractor shall be mobilized and prepared to work onsite within 30 days of contract award. The Contractor is expected to meet full performance requirements from the start of the period of performance of the contract. The contractor shall receive and respond to Requests for Proposals, prepare estimates, receive and respond to task orders, and order material and prepare schedules for indefinite quantity work where the actual performance will begin after the contract start date.

1.4 Permits and Licenses

The Contractor may be required to provide architectural, structural, mechanical, electrical, civil, or other design/engineering services with a professional engineer’s stamp as requested by the Contracting Officer or as required for filings or permits or submittal of documents for regulatory agency approval. The services shall be provided by architects or engineers registered and insured to practice in the particular professional field involved in the locality where the work is to be accomplished. Engineers or architects shall be registered with the National Council of Examiners for Engineering and Surveying (NCEES) or the American Institute of Architecture (AIA).

All documents prepared by architects, consultants and engineers for the Contractor under this contract are subject to review by the Contracting Officer. Review by the Contracting Officer does not relieve any architects, consultants, or engineers from the professional liability associated with documents they have prepared.

The Contractor’s proposal for individual task orders shall separate the costs for design and engineering services from the detailed pre-priced line item costs and non-pre-priced line item costs for construction. The proposal shall identify non-pre-priced tasks and performance times. Complete plans and design calculations are to be provided as specified in Unified Facilities Guide Specifications Division 01. No work ordered by the Government shall be for A-E Services only.

Estimated quantity of projects requiring a professional engineer’s stamp is 10% of the task orders issued per performance period.

2 MANAGEMENT AND ADMINISTRATION

2.1 Permits and Licenses

The Contractor shall obtain all required permits, licenses, and authorizations to perform work under each task order and comply with all the applicable Federal, local, and Host Nation regulations. Individual permit requirements will be identified in individual Task Orders.

2.2 Directives, Instructions and References

Applicable Department of Defense (DoD), Secretary of the Navy (SECNAV), Chief of Naval Operations (OPNAV), and other directives, instructions, and references may be provided in individual Task Orders. Additional requirements specific to the individual Task Order may incur a cost beyond the negotiated Coefficient. Such costs are to be presented in the proposal and considered in negotiations of the Task Order price.

2.3 Government Furnished Facilities, Equipment, Materials and Services In accordance with FAR 52.236-14 Availability and Use of Utility Services, the Government will furnish water and electricity at existing outlets required for the work to be performed under the contract. Information concerning the location of existing outlets may be secured from the Contracting Officer. The Contractor shall provide and maintain, at its expense, the necessary service lines from the existing Government outlets to the work site and provide and maintain backflow prevention devices on connections to domestic water lines and electrical transformer provisions on connections to electric lines. Meet all Federal, State, local, and activity codes and regulations for backflow prevention devices and electrical transformer provisions. Services required by the Contractor, for which there are no available Government outlets, shall be provided by the Contractor at no cost to the Government.

2.3.1 Material and Equipment. Infrequently the Government may provide materials or equipment to be installed by the Contractor. The labor and material costs necessary for the installation will be considered non‑pre-priced items as described herein.

2.3.1.1 The Contractor, with his/her own forces, shall transport all Government‑furnished equipment/materials described on the Task Order at his/her own expense. The equipment/materials will be transported from the Government storage area to the work site indicated on the Task Order.

2.3.1.2 The Contractor assumes the risk and responsibility for the loss or damage to Government‑furnished property.

2.3.2 Availability and Use of Utility Services.

2.3.2.1 Temporary Utilities: Provide temporary utilities required for construction. Materials may be new or used, must be adequate for the required usage, not create unsafe conditions, and not violate applicable codes and standards, including Ley 31/1995, RD 39/1997, and RD 604/2006 and RD 1627/1997.

2.3.2.2 Payment for Utility Services: The Contractor will be required to pay for all utilities services used on this contract. The Government will make all reasonably required utilities available to the Contractor from existing outlets and supplies. Unless otherwise provided in the contract, the amount of each utility service consumed will be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. Carefully conserve any utilities furnished without charge.

2.3.2.2.1 The current amounts being charged are:

Electricity - : $148.40 per MWH.

Potable Water - : $9.73 per KGal.

Sanitary Sewer - : $7.73 per KGal.

E/S calls: Contractor will be charge $107.31 per hour for emergency services call when Public Works Utility personnel are required.

2.3.2.3 The point at which the Government will deliver such utilities or services and the quantity available will be designated by the Contracting Officer. Pay all costs incurred in connecting, converting, and transferring the utilities to the work. Make connections, including providing backflow-preventing devices on connections to domestic water lines; and providing transformers; and make disconnections. Under no circumstances will taps to base fire hydrants be allowed for obtaining domestic water.

2.3.2.4 Meters and Temporary Connections: Connections to existing utilities will be authorized under a reimbursable basis. Any connections will be performed or supervised by NAVFAC personnel as required. At the Contractors expense and in a manner satisfactory to the Contracting Officer, provide and maintain necessary temporary connections, distribution lines, and meter bases (Government will provide meters) required to measure the amount of each utility used for the purpose of determining charges. Notify the Contracting Officer, in writing, 7 calendar days before final electrical connection is desired so that a utilities contract can be established. The Government will provide a meter and make the final hot connection after inspection and approval of the Contractor's temporary wiring installation. The Contractor will not make the final electrical connection.

2.3.2.5 Advance Deposit: An advance deposit for utilities consisting of three estimated month's usage or a minimum of $500.00 will be required. The last monthly bills for the fiscal year will normally be offset by the deposit and adjustments will be billed or returned as appropriate. Notification of the due date for this deposit will be mailed to the Contractor prior to the end of the current fiscal year. The Contractor will provide 15 days in advance information and fulfill attached Private Party Package information sheet signed and stamped. The contractor will receive a bill every month and will have to pay it with a check at PWD Financial Branch.

2.3.2.6 Final Meter Reading: Before completion of the work and final acceptance of the work by the Government, notify the Contracting Officer, in writing, 7 calendar days before termination is desired. The Government will take a final meter reading, disconnect service, and remove the meters. Then remove all the temporary distribution lines, meter bases, and associated paraphernalia. Pay all outstanding utility bills before final acceptance of the work by the Government.

2.3.2.7 Temporary Conditions: At the Contractors expense and in a manner satisfactory to the Contracting Officer, provide and maintain necessary temporary connections, distribution lines, and meter bases required to measure the amount of each utility used for the purpose of determining charges. Notify the Contracting Officer, in writing, 7 calendar days before final electrical connection is desired so that a utilities contract can be established. The Government will make the final hot connection after inspection and approval of the Contractor's temporary wiring installation. The Contractor will not make the final electrical connection.

2.3.2.8 Sanitation: Ley 31/1995, RD 39/1997, and RD 604/2006 RD 1627/1997. Provide adequate sanitary conveniences of a type approved for the use of persons employed on the work, properly secluded from public observation, and maintained in such a manner as required and approved by the Contracting Officer. Maintain these conveniences at all times without nuisance. Upon completion of the work, remove the conveniences from the premises, leaving the premises clean and free from nuisance. Provide portable chemical toilets unless otherwise approved or comparably effective units, and periodically empty wastes into a municipal, district, or station sanitary sewage system, or remove waste to a commercial facility. Any penalties and / or fines associated with improper discharge will be the responsibility of the Contractor. Coordinate with the Contracting Officer and follow station regulations and procedures when discharging into the station sanitary sewer system. Include provisions for pest control and elimination of odors. Locate the facility behind the construction fence or out of the public view.

2.3.3 Telephone: Make arrangements and pay all costs for telephone facilities desired.

2.3.4 Obstruction Lighting of Cranes: Provide a minimum of 2 aviation red or high intensity white obstruction lights on temporary structures (including cranes) over 30 meter (100 feet) above ground level. Light construction and installation must comply with FAA AC 70/7460-1. Lights must be operational during periods of reduced visibility, darkness, and as directed by the Contracting Officer.

2.3.5 Fire Protection: Provide temporary fire protection equipment for the protection of personnel and property during construction. Remove debris and flammable materials daily to minimize potential hazards.

2.3.6 Elevators: Any temporary use of an existing elevator shall be by arrangement through the Contracting Officer and subject to the Contracting Officers controls. Such use will be of an intermittent nature. The Contractor shall provide and maintain suitable and adequate protective covering for the elevator machinery, the hatchway entrance, and the interior of the elevator during the period of temporary use. Loads in excess of the rated capacity of the elevator will not be permitted.

2.3.6.1 The Government will bear the cost of electrical current for the operation of the elevator. On completion of the work, the Contractor shall remove the protective coverings together with any resultant dirt and debris, and leave the equipment in condition equal to that prior to commencement of contractor operations.

2.3.7 Liability and Government‑Owned Property: The Contractor shall be held financially liable and responsible for any damage to Government property that is incurred due to his/her fault or negligence or the fault or negligence of his/her employees in the performance of this contract.

2.4 Contractor Furnished Items

Except for items identified as Government Furnished, the Contractor shall provide all equipment, materials, parts, supplies, components, and facilities to perform the requirements of this contract. The Contracting Officer or designated Government representative may inspect Contractor-furnished items for adequacy and compliance with contract requirements. Inadequate or unsafe items shall be removed and replaced by the Contractor at no cost to the Government. Materials containing asbestos, lead, and PCBs shall not be brought on site. The Contracting Officer may at any time require Samples, Material Safety Data Sheets (MSDS) or Manufacturer’s Data Cut Sheets of Materials used in this contract.

2.4.1 Equipment. Administrative supplies and equipment shall be furnished by the Contractor. Items of equipment necessary to perform work as required or ordered under this contract shall be furnished, maintained and operated by the Contractor. The Contractor shall cover equipment that is to remain in place within the area of contract operations and protect it against damage or loss. Equipment temporarily removed shall be protected, cleaned and replaced equal to its condition prior to starting work. Security for equipment or material that is to be reused and is removed for temporary storage shall be the sole responsibility of the Contractor.

2.4.2 Materials and Supplies. Materials and supplies procured by the Contractor shall meet the specifications, standards, and manuals listed in these specifications. The Contracting Officer may require test data showing that any materials or supplies procured by the contractor meets the specifications. The Contracting Officer may at any time require samples of materials to be used in work performed under this contract. If the quality of an item is not specified, it shall be of acceptable industrial grade and quality, equal to or better than the manufacturer's original and will be compatible with existing systems.

2.4.3 Parts. Replacement parts shall be new. If new parts are not available, the Contractor may request approval in writing from the Contracting Officer to use rebuilt parts. All parts whether new or rebuilt shall carry the full warranty required by this contract.

2.4.4 Damage or Loss of Contractor's Supplies and Employee Property: The Government does not assume any liability from fire, theft, accident, or any other cause resulting in damage or loss of Contractor supplies or employees property.

2.5 Management

The Contractor shall manage the total work effort associated with the services required herein to meet the performance objectives and standards. Such management includes but is not limited to planning, scheduling, cost accounting, report preparation, establishing and maintaining records, and quality control. The Contractor shall provide a staff with the necessary management expertise to assure performance objectives and standards are met.

2.6 Personnel Requirements

2.6.1 Key Personnel

The Contractor shall confirm to the Contracting Officer the List of Key Personnel and their qualifications originally submitted as part of the proposal. The Contractor shall submit this confirmation within 15 days of contract award. Any changes to key personnel shall be approved by the Contracting Officer. The Contractor will provide any additional information requested by the Contracting Officer to certify their qualifications.

The Contractor shall submit to the Contracting Officer a finalized Organizational Chart showing the lines of authority of the key personnel and on-site supervisor(s) for this contract. The chart shall include names of personnel and their position title in this contract. At a minimum, include the Project Manager (PM), Quality Control Manager (QCM), Site Safety and Health Officer (SSHO), and on-site supervisor(s) and who they will report directly to for this contract. The key personnel shall be revised as applicable for the contract. The Contractor shall submit the Organizational Chart within 15 days of contract award.

2.6.1.1 Project Manager (PM): The Contractor shall provide a PM who has relevant experience at a comparable level of responsibility in projects of similar size, scope and complexity. The PM must have the ability to be productive on multiple projects simultaneously at different locations. The PM shall have full authority to act for the Contractor on all contract matters relating to this contract.

2.6.1.2 Site Safety and Health Officer (SSHO): The Contractor shall provide a SSHO whose primary duty and responsibility is to prepare and enforce the Contractor’s safety program on this contract. The SSHO shall have fulfilled the following pre-requisite training and experiences before being hired as the SSHO under this contract. The SSHO shall have completed five years of satisfactory experience in preparing and enforcing safety programs on contracts of similar size and complexity in the past, and have completed the OSHA 30-hour construction safety class or equivalent within the last five years and an average of at least 24 hours of safety training per year for the past five years. The SSHO shall serve as the SSHO solely and may not assume any additional organizational role for the Contractor. More specific qualification and performance requirements for the SSHO are detailed in paragraph 16.6.

2.6.1.3 Quality Control Manager (QCM): The Contractor shall provide a QCM who shall have full authority and responsibility for assuring performance objectives and standards identified in Task Orders are met. The QCM may or may not be the same person as the PM, unless specified under requirements of individual Task Orders. In the case where an individual Task Order requires that a QCM cannot serve separate functions, such services shall be included as a non-pre-priced item in that Task Order. More specific qualification and performance requirements for the QCM are detailed in paragraph 17.

2.6.2 Employee Requirements

The Contractor shall provide experienced, qualified, and capable personnel to perform the work in this contract. Personnel shall be fully knowledgeable of all safety and environmental requirements associated with the work they perform. Competent personnel shall be provided as required by each Task Order.

2.6.2.1 Employee Appearance: Contractor employees and vehicles shall be clearly identified with Contractor name. The Contractor shall ensure that all employees present a professional appearance that is appropriate for their position. The Contracting Officer reserves the right to determine the acceptability of any clothing worn. Employee identification shall not be substituted for station required passes or badges.

2.6.2.2 Employee Conduct: Contractor employees and Subcontractor employees shall conduct themselves in a proper, efficient, courteous and businesslike manner.

2.6.2.3 Removal of Employees: The Contractor shall remove from the site any individual whose continued employment is deemed by the Contracting Officer to be contrary to the public interest or inconsistent with the best interests of National Security.

3 TASK ORDER PRICING

There are three separate pricing proposal methodologies for Task Orders that will be accepted on this contract. They are, as follows:

1. Projects using R. S. MEANS, in which all items are pre-priced using the R. S. MEANS Data Costing Workbook

2. Projects using non-pre-priced items (i.e., three competitive quotes or self-performed work)

3. Projects using a combination of R. S. MEANS and non-pre-priced items. Projects using this combination method must have at least 51% of the task order’s total value pre-priced through R. S. Means.

Upon issuance of a Task Order Request for Proposal (RFP), the Contracting Officer will specify whether or not the Task Order will use R. S. MEANS. If R. S. MEANS is specified, the Contractor will submit a proposal using either Pre-Priced Work alone, or a combination of pre-priced and non-pre-priced items, dependent upon the description of the work to be performed. The decision to use R. S. MEANS based pricing or non-pre-priced methods shall be determined solely by the Government. Any proposal that contradicts the pricing methodology instructed in the RFP will not be accepted.

Task Order specific requirements for items not included in the Contractor’s Coefficient will be addressed as a separate cost on the Task Order proposal.

Task orders will be issued in U. S. Dollars.

3.1 Pre-Priced Work

Items/prices identified in R. S. MEANS Cost Data Books are referred to as “PRE-PRICED ITEMS”. When the Government instructs the Contractor to submit a proposal using R. S. Means, items shall be identical to or a reasonable equivalent to those found within the R. S. MEANS Cost Data Books. Pricing will be determined by using R. S. MEANS Cost Data Books and the Contractor’s Coefficient factor. The Contractor shall break down the work into individual work items, selecting the applicable Bare Cost Unit Pricing for material, labor, and equipment from R. S. MEANS Cost Data Books. The total price is calculated by multiplying the R. S. MEANS Bare cost sum to the Contractor’s applicable Coefficient factor.

3.2 Non-Pre-Priced Work (Competitive Quote or Self-Performed Work) Non-pre-priced items are defined as construction materials, services, and work which are not listed by the R. S. MEANS Cost Data Books, and that have not been added to a pre-priced items list via modification to the basic JOC.

The Government will accept non-pre-priced work for materials or services when identical or similar items are not listed in the R. S. MEANS Cost Data books, or when it is deemed to be in the best interest of the Government. The Government reserves the right to request proposals based on non-pre-priced methodologies for any project. The Contractor shall determine whether to use Competitive Quotes or to self-perform the non-pre-priced Items. R. S. MEANS will not be used whatsoever in either of these pricing methodologies. Non-pre-priced items are subjected to the procedures described in the paragraphs below.

3.2.1 Competitive Quotes:

When using Competitive Quotes for non-pre-price items, the Contractor shall provide the following for each Subcontractor quote for each component or task required:

1. Total amount for Fully Burdened Labor Hours

2. Total amount for Fully Burdened Material

3. Total amount for Fully Burdened Equipment

The Contractor need not have more than one quote for non-pre-priced line items under $3,000, provided that the Contractor ensures that fair and reasonable prices are obtained for services or materials. For services or materials in excess of $3,000, the Contractor will make every effort to obtain a minimum of three quotes from qualified subcontractors. Any circumstances precluding the minimum three quotes will be justified within the Contractor’s proposal. The Contractor shall submit with its proposal a copy of each proposal received as well as a detailed quote abstract reflecting the quotes received. The Contractor shall maintain complete supporting documentation (including responsibility and responsive checks) necessary to provide a complete and accurate audit trail of all actions for the Contracting Officer’s review. Upon receipt and review of the form by the Contracting Officer, a coordination meeting may be initiated with the Contractor to resolve any discrepancies. Upon satisfactory review by the Contracting Officer, the non-pre-priced work will be accepted as the negotiated price. The negotiated price shall include the fully burdened rate for labor, material, and equipment, multiplied by the appropriate coefficient for competitive quotes.

3.2.2 Self-Performed Work:

When the Contractor chooses to use in-house labor for non-pre-price items, the Contractor shall provide the following for each component or task required:

1. Item Description

2. Direct Labor Hours

3. Description of proposed material

4. Number of units of material

5. Cost per unit of material (direct/bare costs only)

6. Description of proposed equipment

7. Time for which equipment will be required

8. Rental rate for equipment (direct/bare costs only)

The Contractor’s proposal for non-pre-priced line items will be considered, as submitted, for services or materials under $3,000, provided the Contractor ensures that fair and reasonable prices are obtained. For services or materials in excess of $3,000, the Contractor shall submit to the Contracting Officer a detailed quote abstract for self-performance. The Contractor shall maintain complete supporting documentation (including responsibility and responsive checks) necessary to provide a complete and accurate audit trail of all actions for the Contracting Officer’s review. Upon receipt and review of the abstract by the Contracting Officer, a coordination meeting may be initiated with the Contractor to resolve any discrepancies. Upon satisfactory review by the Contracting Officer, the non-pre-priced work will be accepted as the negotiated price. The negotiated price shall include the fully burdened rate for labor, material, and equipment, multiplied by the Contractors Coefficient for Self-Performed work.

3.3 Combination Pricing for Pre-Priced and Non-Pre-Priced Items.

Pre-priced items shall fall under the pricing methodology for pre-priced work (see paragraph 3.1). Non-pre-priced items shall fall under one of the pricing methodologies described for non-pre-priced work (see paragraph 3.2). Non-pre-priced Items cannot represent the majority of the Task Order value and therefore will not exceed 20% of the Task Order value. Projects that cannot show a minimum of 80% Task Order value in pre-priced work shall automatically fall under the pricing methodology of non-pre-priced work (see paragraph 3.2).

3.4 Design and Engineering Costs.

The contractor’s coefficients shall NOT include costs for design requiring a professional engineer’s stamp. When professional design and engineering services are required, it will be so noted on the Request for Proposal (RFP). The Contractor’s proposal for design and engineering services shall be separate from the costs for construction with no coefficient applied.

4 COEFFICIENTS

4.1 The Contractor’s coefficient factor is a numerical factor that represents costs (generally indirect) not included as part of the R. S. MEANS Cost Data Books Bare Costs. All requirements of performance described in Section C shall be included in the coefficients unless specifically exempt elsewhere in this contract.

4.2 The coefficient factor must include, but is not limited to the items listed below.

· General and Administrative Costs, Corporate Overhead, and Field Office Overhead, including but not limited to: salaries of personnel required to operate and manage the contract, Information Technology and computer equipment required to manage the contract, off base storage facilities, offices, administrative supplies, technical engineering services, job site supervision, vehicle operations and maintenance expenses and telephone charges.

· Disposition of waste materials.

· Daily and final site cleanup.

· Bond Premiums.

· Employee, Builder’s Risk and Public Liability Insurance costs.

· Costs for purchase of equipment and vehicles; tools of the trade.

· Office equipment and supplies.

· Compliance with safety laws, regulations, and standards.

· Compliance with security requirements.

· Compliance with environmental laws associated with performing work in compliance with:

· environmental laws/regulations/requirements,

· individual Station regulations and reporting requirements, and

· standard licenses, permits, and training (EXCEPT specialized licenses, permits, and training required specifically for a unique Task Order)

· The Contractor’s risk factor.

· Company officers and support staff.

· Superintendents, Safety Manager, Quality Control Manager

· Quality control, including daily Quality Control Reports.

· Submittal preparation.

· Employer’s portion of payroll taxes and fringe benefits.

· Profit.

· Work described in the contract that states the Contractor shall perform at no additional cost to the Government.

· All costs associated with computer hardware/software applications.

· Permits and Licenses

Because the foundation of pre-priced items is based on bare costs in the R. S. MEANS Costing Workbook, the Contractor’s Coefficient must include the mark-up percentage for a prime-Subcontractor relationship if the Contractor is planning to sub-contract any portion of pre-priced items. Attempting to use a pre-negotiated Coefficient on top of the R. S. MEANS Costing Workbook Overhead and Profit (O&P) rates will not be allowed. The following illustrates acceptable and unacceptable proposals (this is an example only and is not indicative of a desired Coefficient as those are unique to each Contractor):

Scenario #1: Prime Contractor Performs Work – Acceptable Bid

Scenario #2: Prime Contractor Performs Work – Unacceptable Bid

Contractor Coefficient

Pre-Priced Work 0.95

Contractor Coefficient

Pre-Priced Work 0.95

Waste and excess quantities are included in Completed-in-Place construction quantities. All prices in R.S. MEANS Cost Data Books are for Completed-in-Place construction unless explicitly described otherwise. Quantities used on individual Task Order proposals shall be taken from field measurement or design plans, as appropriate, without allowance for waste.

The costs for preparation of Task Order proposals including scoping meetings shall be the responsibility of the Contractor and shall be included in the appropriate coefficient. Task Order proposal preparation is not directly reimbursable. Government requests for Task Order proposals shall not constitute an award or commitment.

4.3 Proposals for modifications shall be priced in the same manner as submitted under the original proposal.

4.4 The Contractor’s coefficient shall be a reflection of bare costs plus the cost of doing business. The proposed Coefficient shall be a reflection of the offeror’s business practices and objectives. The range may be less than or equal to the bare costs (e.g. .99) or a percentage increase (e.g. 1.2) to the direct (bare) unit prices listed in the R. S. MEANS Cost Data Books. The coefficients are provided in Section 00010, Coefficient Schedule.

5 R. S. MEANS COST DATA

5.1 The order of precedence for use of the R. S. MEANS books is as follows:

RS MEANS MAINTENANCE & REPAIR COST DATA (current year) RS MEANS FACILITIES CONSTRUCTION COST DATA (current year) RS MEANS BUILDING CONSTRUCTION COST DATA (current year) RS MEANS SITE WORK & LANDSCAPE COST DATA (current year) RS MEANS ELECTRICAL COST DATA (current year) RS MEANS MECHANICAL COST DATA (current year) RS MEANS PLUMBING COST DATA (current year)

Contractor shall furnish three (3) copies of each book to the government. This mandatory reference can be procured at:

www.rsmeans.com/direct.

R.S. Means Co., Inc.

63 Smiths Lane, P.O. Box800 Kingston, MA 02364-0800

5.2 Currently the R. S. MEANS Cost Data Books are updated and republished by R. S. MEANS Company annually. Pricing for all Task Orders under this contract will be based on the annual book publication and will not be subject to periodic changes published, electronically or otherwise, during the year. For the purposes of pricing work under this contract, the new editions will become effective upon issuance, but not later than 31 January of each year. Cost proposals are to be prepared in a data base with an Excel transfer feature as the contract standard. All electronic files are to have Task Order number, initials of estimator and date. The Contractor must purchase their own licenses for the databases annually and provide formal training to their own staff.

6 TOOLS AND EQUIPMENT

This contract covers multi-trade renovation, repair, rehabilitation, demolition, and minor construction projects. Below is a representative listing of tools and equipment that apply to the various trades. These items are indicative of, but not limited to, those that the Contractor is expected to provide, (to include usage and replacement as needed) as part of normal overhead cost covered in the Coefficient.

7 IDENTIFICATION OF WORK AND TASK ORDER PREPARATION

7.1 As the need exists for performance under the terms of this contract, the Contracting Officer or authorized representative will notify the Contractor of an existing requirement. The Government’s Request for Task Order Work will address the following (as applicable):

1. Description of work

2. Sketches, specifications, and/or as-built drawings

3. Local environmental and usage permit requirements.

4. Special considerations

5. Meeting and submittal schedule requirements

6. Technical and contractual Points of Contact (POC)

7. The completion deadline/Period Of Performance (POP)

7.2 The Contractor shall respond to the Government’s request for Task Order work within two working days upon receipt of the requirement. The Government will schedule a job site visit between the Contractor and the Contracting Officer or authorized representative, and the Contractor shall participate in a meeting to further define the scope.

7.3 After identification and determining the scope of work from the site visit, the Contracting Officer will issue a Task Order Request for Proposal (RFP) from which the Contractor shall prepare a proposal for accomplishment of the task. The Task Order RFP may include edited Unified Guide Specifications, additional station specific requirements, and any inspection criteria, environmental criteria, submittals, etc. that supplements or supersedes the requirements provided and referenced in the basic contract.

7.4 If the proposal is to be developed in R. S. MEANS, in accordance with the direction given in paragraph 3, the Task Order RFP will direct the Contractor to provide a proposal based on R. S. MEANS or Competitive Quotes. The MEANS Cost Data books listed in paragraph 5 shall serve as the basis for establishing the cost of work to be performed on a unit price basis. When the Request for Task Order Work includes direction to use competitive quotes, the Contractor shall use this method as opposed to Means Cost Data books.

7.5 The Contractor's proposal must be supported by necessary documentation to indicate that adequate planning has been done to accomplish the requirement, as identified in the Task Order RFP. Examples of documentation that might reasonably be expected would include: Contractor prepared drawings/sketches, catalog cuts, preliminary schedule indicating mobilization, submittals, material lead times, performance, phasing, etc. The Government may duplicate, use, and disclose in any manner and for any purpose such documentation delivered under this contract.

7.6 Time allowed for preparation of Contractor’s proposal would depend on the complexity and urgency of the task order. The normal time for submittal of the Contractor's proposal will be 10 working days. Normal submittal time for projects requiring design effort requiring a professional engineer’s stamp and/or approvals and permits will be 20 working days. In emergency situations, the Government may require quicker response from the Contractor and the proposal due date will be indicated on the Request for Proposal or as otherwise agreed upon by the Contracting Officer and the Contractor.

8 REVIEW OF CONTRACTOR PROPOSAL

Upon receipt of the Contractor's proposal, the Government will review the proposal for completeness and reasonableness. The Contracting Officer will arrange with the Contractor to negotiate any elements in question. Upon completion of negotiations, the Contracting Officer will issue a Task Order to the Contractor. The Task Order will include changes to the scope of work (if applicable) as agreed upon in negotiations and the negotiated completion date.

9 ISSUANCE OF TASK ORDER

9.1 A Task Order is a document (DD Form 1155) prepared by the Contracting Officer that is issued to the Contractor. Task Orders will be issued as necessary and may be modified on Standard Form (SF) 30. Task Orders will be firm fixed-priced with specific completion dates and shall clearly define the specific services to be performed or the performance desired. In the event that the Government and Contractor fail to agree (in whole or in part), on the MEANS line item quantities, or non-pre-priced items, the Government may issue a Firm Fixed-Price Task Order with the Contractor proceeding with the work and seeking resolution, in accordance with the FAR 52.233-1 "DISPUTES" (JUL 2002), ALTERNATE I (DEC 1991) Clause in Section I.

9.2 Order of Conflicting Task Order Documents. In the event of any conflict in the written direction provided to the Contractor in the Firm Fixed-Price Task Order documents, precedence will be as follows:

1. Scope of Work

2. Drawings/Sketches

3. Specifications

4. Catalog cuts

9.3 The Contractor shall complete all Task Orders by the required completion date agreed to in the negotiations. In accordance with FAR 52.236-2 – Differing Site Conditions - where unforeseen conditions cause delays, the completion date may be extended only as negotiated and modified in the Task Order. Upon Task Order completion and Government acceptance of the work, the Contractor shall complete a final release and submit it with a request for final payment.

9.4 Task Order Liquidated Damages

The Government will include liquidated damages on individual Task Orders as determined by the Contracting Officer. Liquidated Damages will be determined on an individual Task Order level. If the Contractor fails to complete work within the time specified in the Task Order, the Contractor shall pay liquidated damages to the Government for each calendar day of delay until the work is completed.

9.5 It is the responsibility of the Contractor to notify the Government of any potential errors or omissions from drawings or details of work received, if found.

9.6 Record Drawings

Where required in a task order, the Contractor shall keep a careful record at the job site of all changes and corrections from the layouts shown on the drawings. The Contractor shall enter such changes and corrections on contract record drawings and shall indicate, in addition to all changes and corrections, the actual location of all sub-surface utility lines.