SER_BMS_FY15_Base_RFP__Draft.pdf

Construction Task Order Contract (CTOC), for the National Park Service -

Southeast Region Indefinite Delivery/Indefinite Quantity

CONTRACT NUMBER: DTFH71-15-D-000xx

MAIN TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION TITLE

A Solicitation/Contract Form (SF-1442) (To be included in Final RFP) B Supplies or Services and Prices/Costs Schedule Of Items C Description/Specifications/Statement of Work E Inspection and Acceptance F Deliveries and Performance G Contract Administration Data H Special Contract Requirements

PART II - CONTRACT CLAUSES

I Contract Clauses

1. Clauses by Reference

2. Full Text Clauses

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J List of Attachments

1. Contract Work to be Performed

2. Special Contract Requirements

3. Location Map, Special Details and Standard Details (see a separate pdf file)

DRAFT

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ITEM

No. DESCRIPTION

BASE PERIOD

0001 Indefinite Delivery Indefinite Quantity (IDIQ) Construction Task Order

Contract (CTOC) Base Period: _______________________ Work under this CTOC will include, but is not limited to perform minor bridge repairs in the National Park Services - Southeast Region

1st OPTION PERIOD

0002 Indefinite Delivery Indefinite Quantity (IDIQ) Construction Task Order Contract (CTOC) Base Period: _______________________

2nd OPTION PERIOD

0003 Indefinite Delivery Indefinite Quantity (IDIQ) Construction Task Order Contract (CTOC) Base Period: _______________________

3rd OPTION PERIOD

0004 Indefinite Delivery Indefinite Quantity (IDIQ) Construction Task Order Contract (CTOC) Base Period: _______________________

0005 4th OPTION PERIOD Indefinite Delivery Indefinite Quantity (IDIQ) Construction Task Order

Contract (CTOC) Base Period: _______________________

Pay items that may be required for all the projects

Pay Item No. Description Unit

15101-0000 MOBILIZATION LPSM

15705-0100 SOIL EROSION CONTROL, SILT FENCE LNFT

15705-1700 SOIL EROSION CONTROL, FILTER BERM LNFT

15706-0200 SOIL EROSION CONTROL, CHECK DAM EACH

15706-1000 SOIL EROSION CONTROL, INLET PROTECTION EACH

20103-0000 CLEARING AND GRUBBING SQYD

20220-1000 REMOVAL, INDIVIDUAL TREE EACH

20301-1300 REMOVAL OF INLET GRATE EACH

20301-2700 REMOVAL OF STRCTURE (TIMBER DECK)

EACH

20303-0300 REMOVAL OF CONCRETE SQYD

20303-1600 REMOVAL OF PAVEMENT, ASPHALT SQYD

20315-0000 SAWCUTTING PAVEMENT LNFT

20402-0000 SUBEXCAVATION CUYD

20701-0600 SEPARATION-STABILIZATION GEOTEXTILE, CLASS 2, TYPE A SQYD

25102-0300 PLACED RIPRAP, METHOD A, CLASS 3 TON

25110-0200 GROUTED RIPRAP, METHOD A, CLASS 2 CUYD

30101-0000 AGGREGATE BASE TON

30302-1000 DITCH RECONDITIONING LNFT

40301-0000 ASPHALT CONCRETE PAVEMENT TON

41401-2000 CRACK, CLEANING AND SEALING LNFT

55201-0200 STRUCTURAL CONCRETE, CLASS A (AE) CUYD

55201-0800 STRUCTURAL CONCRETE, CLASS D (AE) CUYD

55220-0000 REPAIR CONCRETE (EXPOSED REINFORCEMENT) SQYD

55220-0000 REPAIR CONCRETE (SURFACE REPAIR) SQYD

55224-0000 SEAL CONCRETE SURFACE SQYD

55225-0000 CLEAN AND RESEAL JOINTS (BACKER ROD AND DOW 890) LNFT

55225-0000 CLEAN AND RESEAL JOINTS (VERTICAL MASONRY WALL) LNFT

55235-0000 EXPANSION JOINTS (COMPRESSION SEAL) LNFT

55235-0000 EXPANSION JOINTS (STRIP SEAL) LNFT

55235-0000 EXPANSION JOINTS(ASPHALTIC PLUG) LNFT

55601-0900 BRIDGE RAIL, STEEL LNFT

55601-1300 BRIDGE RAIL, TIMBER LNFT

55701-2000 STRUCTURAL TIMBER AND LUMBER, TREATED (DECK) MFBM

55701-2000 STRUCTURAL TIMBER AND LUMBER, TREATED (RUNNERS) MFBM

56101-0000 STRUCTURAL CONCRETE INJECTION AND CRACK REPAIR LNFT

56302-1000 PAINTING, CONCRETE STRUCTURE SQFT

56302-2000 PAINTING, STEEL STRUCTURE SQFT

56401-0000 BEARING DEVICE (RESET) EACH

56602-0000 SHOTCRETE

CUYD

60409-1300 INLET TOP, METAL GRATE, FLH TYPE 6B EACH

60510-0300 4-INCH COLLECTOR PIPE LNFT

60515-0000 UNDERDRAIN CLEANOUT (INSTALLATION OF WEEP HOLE FILTERS) EACH

60520-0000 GRANULAR BACKFILL CUYD

60802-0500 PAVED WATERWAY, TYPE 5 LNFT

61704-1000 REPLACEMENT POST, STEEL EACH

61704-2000 REPLACEMENT POST, WOOD EACH

62025-1000 REMOVE AND RESET STONE MASONRY CUYD

62030-0000 REPOINT STONE MASONRY LNFT

63308-3000 OBJECT MARKER, TYPE 3 EACH

63401-0000 PAVEMENT MARKINGS LNFT

63501-0000 TEMPORARY TRAFFIC CONTROL LPSM

63506-0500 TEMPORARY TRAFFIC CONTROL, FLAGGER HOUR

63708-0000 CELLULAR PHONE SERVICE MO

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1. PURPOSE AND SCOPE

The purpose of this Indefinite Delivery/Indefinite Quantity Construction Task Order Contract (CTOC) is to perform minor bridge repairs in the Great Smokey Mountain National Park and other surrounding National Parks in the Southeast Region. Scope of work includes minor bridge repairs such as repair of concrete spalls and deteriorated concrete on bridge decks, parapets and wingwalls, curb and sidewalks, superstructure and substructure concrete members and abutments; cleaning and sealing of cracks in concrete members; cleaning, resealing, and replacement of bridge expansion joints; cleaning and sealing/coating exposed rebars; repair of approach slabs and approaches; and sealing deck surfaces. As requirements develop, Requests for Proposals (RFP’s) for Task Orders will be issued on a competitive basis, at the Government's discretion. Task orders can vary in size from $50,000 to $1,000,000. The total maximum contract amount (including base year and all four option periods) is $5,000,000 for the length of the contract. At the Contracting Officer’s option, projects under $50,000 may also be awarded under this contract.

C-2. PURPOSE AND SCOPE

It is anticipated that the majority of work will generally incorporate specifications and design standards of American Association of State Highway Transportation Officials (AASHTO), Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP- 14 U.S. Customary.

Project Development and Design Manual (PDDM) This manual has been developed to provide information and guidance to engineering staffs involved with project development and design of highways. It identifies those standards, specifications, guides, and references approved for use in carrying out the highway and bridge design responsibilities in the Federal Lands Highway (FLH) Program.

www.efl.fhwa.dot.gov

Standard Specifications (FP) The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP) are issued primarily for constructing roads and bridges on Federal Highway projects under the direct administration of the Federal Highway Administration.

www.efl.fhwa.dot.gov

FLH Standard Drawings FLH standard drawings cover various design elements that have been approved by the Federal Lands Highway Office for use on a nationwide basis.

www.wfl.fhwa.dot.gov/design/standard/

DRAFT

http://www.efl.fhwa.dot.gov/ http://www.efl.fhwa.dot.gov/ http://www.wfl.fhwa.dot.gov/

SECTION E--INSPECTION AND ACCEPTANCE

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ http://www.arnet.gov/far/

SECTION F--DELIVERIES OR PERFORMANCE

CLAUSES BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/

52.242-14 Suspension of Work (APR 1984) 52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984)

F.2. FULL TEXT CLAUSES

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984).

The Contractor shall be required to commence work within the time frame specified in the individual task orders, prosecute the work diligently, and complete the entire work ready for use not later than the number of calendar days/date specified in the task order. The Contractor shall ensure that all task order work under this contract is completed and that submittals are made in accordance with the time allowances and progress schedules set forth in individual task orders. The schedule is subject to adjustment by the Contracting Officer or a duly authorized representative, in writing, for material delays on the part of the Government and for conditions beyond the control of the parties hereto. The order of completion schedule shall be based on receipt of either written or verbal Notice to Proceed (NTP), whichever is sooner.

52.211-12 Liquidated Damages -- Construction (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of Specified on individual Task Orders for each calendar day of delay until the work is completed or accepted.

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

F.3 PERIOD OF SERVICE. Basic and Option Periods. Each contract will include a base period; Not-To Exceed (NTE) one year and four option periods (NTE one year each), for a total contract performance period NTE five years. Task order minimum and maximum limits are $50,000 and $1,000,000, respectively. At the Contracting Officer’s option, projects under $50,000 may also be awarded under this contract. The guaranteed amount is $3,000 per year, which includes base and four one year options. The expiration or termination of the ordering period shall not affect any order issued during the effective period of these contracts.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICERS.

A. The Contracting Officer responsible for awarding the construction task order contract and the subsequent task orders will be:

Wanda A. Peffer (703) 404-6205; OR Shirley A. Anderson (703) 948-1407

G.2 ADMINISTRATIVE DATA: Offerors shall complete the following:

Company Name & Address:

Phone number:_____________________ Fax number: _______________________ Email: ___________________________ Duns number: _____________________ Tax ID number: ____________________

G.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The COR will be designated at the time of award. The Contractor will be given a copy of the designation along with a statement of the COR's responsibilities and limitations. Changes in the COR designation can only be made by the Contracting Officer (CO) and will be done in writing.

G.4 INVOICING

The Contractor shall submit two copies of invoices to the COR. In addition to the requirements of FAR 52.232-26, invoices shall contain the following:

(a) Delivery order number and project name;

(b) Line item number and description of each item being billed;

(c) Unit price of each item being billed;

(d) Quantity delivered/Percentage completed this billing period of each item being billed;

(e) Amount due for each item being billed;

(f) Invoice amount/Total due

(g) Amount billed through this invoice (contract cumulative)

(h) Percentage of contract complete

The Contractor in accordance with the FAR Clauses 52.232-10 and 52.232-26 will make partial payments on request. The Contractor may request partial payment for each separate Delivery Order, provided that no successive request for partial payment is submitted closer than 28 days.

A progress report, a proper invoice (see FAR Clause 52.232-26(a)(2) and if requested by the Government, a copy of the plans and other supporting data, shall be submitted for each Delivery

Order with each request for partial payment. Payment will be made upon approval of the submittal by the COTR.

Progress Reports are required only if a Delivery Order runs more than 60 days. In this event, a progress report shall be prepared and submitted every 30 days with each invoice requesting a partial payment.

G-5 DIRECTION

No oral statement of any person whatsoever, including the COR, and no written statement of any person other than the CO, shall modify or otherwise affect the terms or meaning of this contract.

The Contractor agrees that it shall not rely on the statement of any person other than the CO for the interpretation of this contract by the Government.

The COR shall be responsible for providing technical guidance to the Contractor for all or a specified portion of this contract. The Contractor shall comply with the technical guidance received from the COR. If the Contractor considers such guidance to be a change in the terms and conditions of this contract, the Contractor shall notify the CO. Proceeding with work without proper contractual coverage could result in nonpayment.

G-6 COOPERATION WITH OTHER GOVERNMENT AGENCIES AND

CONTRACTORS

Coordination between the Contractor and personnel of other Governmental agencies or other contractors of the Government shall be conducted through the COTR. On a case-by-case basis, the COTR may direct the Contractor to work directly with personnel of other contractors or Governmental agencies.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1. ORDERING PROCEDURES FOR COMPETITIVE TASK ORDERS.

(a) Construction Requests for Proposals. When the Government requires work under the Construction Task Order Contract (CTOC), an RFP will be issued. The RFP will include information concerning the project, statement of work, specifications, drawings, attachments, information pertaining to a site visit, evaluation criteria (low price, technical(if required)), and any other requirements for submission (e.g. proposal requirements, price schedule, etc.).

(1) Walk-throughs. A scheduled site visit may not be held for individual task orders.

However, failure to visit the site may not be used as an excuse for omission or miscalculation in offers. The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-through or other pre-task order costs.

(2) Proposal Contents. Depending upon the requirements of each task order, the Contractor may be required to provide a technical proposal and a price proposal in response to an RFP.

The Contractor shall respond within the number of calendar days stated in the RFP by submitting a proposal to the Contracting Officer in accordance with requirements stated in the RFP.

(3) Contract Prices--Bidding Schedules. The Government's payment for the items listed in the

Pricing Schedules of individual task orders shall constitute full compensation to the Contractor for-- (1) Furnishing all, labor, equipment, services, and materials; and (2) Performing all operations required to complete the work in conformity with the drawings and specifications. The Contractor shall include in the prices for the items listed in the Pricing Schedule all costs for work in the specifications, whether or not specifically listed in the Pricing Schedule.

(4) Proposals and Final Proposal Revisions. The Contractor shall specifically identify all deviations from the minimum RFP requirements in a cover letter in a section entitled "Deviations". The requirement applies for all proposal revisions and final proposal revisions. All proposed alternates shall specifically address and expand upon deviations in the proposal submission.

(b) Task Order Issuance. Orders may be placed via mail or facsimile. The task order becomes binding when the Contracting Officer signs the order. Notice to Proceed (NTP) will be issued separately after receipt of acceptable performance and payment bonds. Appropriate proof of insurance must be in place before work commences.

(c) Protests. In accordance with FAR 16.505(a) (8), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task order contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

(d) The Contractor may appeal the explanation or decision of the Contracting Officer to the Associate Administrator for Federal Highway Program (HFL-1), Room 6311 FHWA, 400, 7th Street SW, Washington DC, 20590.

(e) Plans and Specifications. The Contractor will be provided one paper copy of the Statement of Work (with pertinent supplemental specifications and construction drawings as applicable) upon issue of each task order. All further reproduction shall be at the Contractor's expense.

(f) Performance Evaluations. At the conclusion of each Task Order, the Contracting Office will complete a contractor’s performance evaluation and input into CCASS/ACASS. The evaluation will take into account all aspects of the contractor’s performance. Performance evaluations may be completed at any time the Contractor’s performance is considered less than satisfactory.

Contractors will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation. The performance evaluations will have an impact on the award of future Task Orders.

H.2. PROPOSED KEY PERSONNEL AND PROPOSED MINIMUM

QUALIFICATIONS OF KEY PERSONNEL AND PROPOSED

SUBCONTRACTORS.

Any proposed (a) key personnel, (b) minimum qualifications for incoming or replacement key personnel, and (c) subcontractors will be incorporated into the contract resulting from this solicitation and shall be limited to individuals, qualifications, and firms that were specifically identified and agreed to during negotiations. The Contractor shall obtain the Contracting Officer's written consent before making any substitutions.

H.3. GENERAL WAGE DECISIONS.

Applicable Davis-Bacon wage rates will be identified for all task orders issued under this contract. Davis Bacon wages are applicable to all task orders issued under this task order contract. The Contractor agrees to comply with the Davis Bacon wage rates that will be used in each Task Order.

H.4. PERFORMANCE AND PAYMENT BONDS AND ALTERNATIVE PAYMENT

PROTECTIONS FOR CONSTRUCTION CONTRACTS (FAR 28.102-1).

(a) Performance and payment bonds shall be required for each task order exceeding $100,000.

(b) Payment Bond: The penal sum of each payment bond shall be equal to one hundred percent (100%) of the price of each task order.

(c) Performance Bond: The penal sum of each performance bond shall equal one hundred percent (100%) of the price of each task order placed hereunder.

(d) See FAR 52.228-13 for alternative payment protection for projects between $25,000 through $100,000.

(e) Bonds and other payment protections shall be provided within 10 calendar days of award of a task order. Notice to Proceed will not be issued until the Contractor provides sufficient bonding to cover the work being performed.

H.5. SHOP DRAWINGS AND SUBMITTALS.

The Contractor is responsible for preparation of all shop drawings, submittals, and as-builts for each task order in accordance with requirements contained therein.

H.6. USE OF RECOVERED MATERIALS ON FEDERAL LANDS HIGHWAY

PROJECTS

Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA) of 1976, as amended (42 U.S.C. 6901 et seq.), requires Federal, State, and local procuring agencies using appropriated Federal funds to purchase items composed of the highest percentage of recovered materials practical. Use of recovered materials is strongly encouraged on Federal Lands Highway Projects. Highway construction items covered by the Environmental Protection Agency's Comprehensive Guidelines for Procurement of Products Containing Recovered Materials include fly ash, ground granulated blast furnace slag, traffic barricades, traffic cones, hydraulic mulch and compost for mulch.

Use of fly ash and ground granulated blast furnace slag and construction materials containing fly ash and ground granulated blast furnace slag on Federal Lands Highway Projects:

• It is the policy of the United States Government that fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag shall have maximum practicable opportunity for incorporation into its construction projects.

• The Contractor agrees to investigate the use of fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag to the fullest extent consistent with the efficient performance of this contract.

Both the Contractor and the subcontractors are urged to seek out suppliers of fly ash and ground granulated blast furnace slag, cement and concrete containing fly ash and ground granulated blast furnace slag and to solicit bids for these materials.

• Names of firms that supply fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag are available from the American Coal Ash Association and the National Slag Association.

SECTION I--CONTRACT CLAUSES

I.1. CLAUSES BY REFERENCE.

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004)

Alternate I (May 2001) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2006) 52.204-4 Printed or Copied Double- Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (SEP 2006) 52.215-2 Audit and Records -- Negotiation (JUN 1999) 52.215-8 Order of Precedence -- Uniform Contract Format (OCT 1997) 52.215-10 Price Reduction for Defective Cost or Pricing Data (OCT 1997) 52.215-11 Price Reduction for Defective Cost or Pricing Data -- Modifications (OCT 1997) 52.215-12 Subcontractor Cost or Pricing Data (OCT 1997) 52.215-13 Subcontractor Cost or Pricing Data -- Modifications (OCT 1997) 52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing

Data -- Modifications (OCT 1997) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL

2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999)

DRAFT

http://www.usda.gov/procurement/policy/agar.html

52.222-26 Equal Opportunity (APR 2002) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Affirmative Action for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) Alternate I (JAN 1997) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006) 52.227-1 Authorization and Consent (JUL 1995) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (AUG 1996) 52.227-4 Patent Indemnity -- Construction Contracts (APR 1984) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (FEB 1992) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds – Construction (SEP 2005) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (JUN 1996) 52.232-19 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (SEP 2005) 52.232-34 Payment by Electronic Funds Transfer -- Other than Central Contractor

Registration (MAY 1999) 52.233-1 Disputes (JUL 2002)

Alt I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, 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 (NOV 1991)

Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995) 52.242-14 Suspension of Work (APR 1984) 52.243-4 Changes (AUG 1987) 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer

Services)(AUG 1998) 52.245-1 Property Records (Apr 1984) 52.245-2 Government Property (Fixed-Price Contracts) (MAY 2004) (Government furnished property in excess of $100,000.00) 52.245-3 Identification of Government-Furnished Property (Apr 1984) (GFP FOB Railroad or FOB Truck) 52.245-4 Government-Furnished Property (Short Form) (JUN 2003) (Government furnished property less that $100,000.00) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) 52.248-2 Value Engineering -- Architect-Engineer (MAR 1990) 52.248-3 Value Engineering – Construction (SEP 2006)

Alternate I (APR 1984) 52.249-2 Termination for Convenience of the Government (MAY 2004)

Alternate I (SEP 1996) 52.249-7 Termination (Fixed-Price Architect-Engineer) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 1252.211-71 Index for Specifications (OCT 1996) 1252.215-70 Key Personnel and/or Facilities (OCT 1994) 1252.219-70 Small Business and Small Disadvantaged Business Subcontracting Reporting

(JUN 1997)

1252.242-73 Contracting Officer’s Technical Representative (OCT 1994) 1252.245-70 Government Property Reports (OCT 1994)

I.2. FULL TEXT CLAUSES

52.204-1 Approval of Contract (DEC 1989)

This contract is subject to the written approval of the Eastern Federal Land Contracting Officer, and shall not be binding until so approved.

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within the time indicated on the project Request for Proposal 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 the time indicated on the Request for Proposal/Task Order. The time stated for completion shall include final cleanup of the premises.

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders by the individuals or activities designated in this contract. Such orders may be issued from date of contract award until the last day of the last month of the second option period.

(b) All task orders are subject to the terms and conditions of this contract. In the event of conflict between a task order and this contract, the contract shall control.

( c) If mailed, a task order is considered "issued" when the Government deposits the order in the mail.

52.216-19 TASK ORDER LIMITATIONS (OCT 1995)

(a) Minimum Order. When the Government requires supplies or services covered by this contract in an amount less than $50,000 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum Order. The maximum Task Order limitation is $1,000,000 excluding subsequent in scope modifications. The Government may combine several projects, as indicated by separate Statements of Work and individual line items, in one task order, as required. The Contractor is not obligated to honor:

(1) Any order for a single task order less than $50,000;

(2) Any order for a single task order in excess of $1,000,000;

(3) A series of orders from the same ordering office totaling more than $5,000,000 thousand.

52.216-22 Indefinite Quantity (Oct 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided that the Contractor shall not be required to make any deliveries under this contract after 66 months (5 years and 6 months).

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires.

The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

52.225-11 Buy American Act--Construction Materials Under Trade Agreements (JUN 2006) (Applicable to orders > $6,725,000.00)

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

“Caribbean Basin country construction material” means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Canada, Cyprus, Czech Republic, Denmark. Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or United Kingdom);

(2) Free Trade Agreement country (Australia, Canada, Chile, El Salvador, Honduras, Mexico, Morocco, Nicaragua, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Costa Rica, Dominica, Dominican Republic, Grenada, Guatemala, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).

“Designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

“Domestic construction material” means--

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

“Free Trade Agreement country construction material means” a construction material that--

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Foreign construction material” means a construction material other than a domestic construction material.

“Least developed country construction material” means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“WTO GPA country construction material” means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows: NONE.

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) * Item 1

Foreign construction material Domestic construction material

Item 2 Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information. ]

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of clause)

(e) United States law will apply to resolve any claim of breach of this contract.

52.228-1 Bid Guarantee (SEP 1996) (Applicable over $100,000)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds --

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3 million, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.228-13 Alternative Payment Protections (JUL 2000)

(Applicable to Contracts>$25,000 but < $100,000)

(a) The Contractor shall submit one of the following payment protections:

Performance & Payment Bonds An irrevocable letter of credit A tripartite escrow agreement Certificates of deposit

(b) The amount of the payment protection shall be 100 percent of the task order contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer

Information (MAY 1999)

(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.

(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c).

The Government need not use any EFT information sent to any office other than that designated in paragraph (c).

(c) Designated Office:

Mailing Address: Eastern Federal Lands Highway Division 21400 Ridgetop Circle, Room 330

HFAC-15

Sterling, VA 20166-6511

Telephone Number: Provided at time of award.

Person to Contact: Provided at time of award.

E-Mail Address: eflhd.contracts@fhwa.dot.gov

52.236-1 Performance of Work by the Contractor (Apr 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 20 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.236-2 Differing Site Conditions (Apr 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of --

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.

mailto:eflhd.contracts@fhwa.dot.gov

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

(End of Clause)

52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by Specified on each Task Order.

(b) Weather conditions N/A .

(c) Transportation facilities N/A .

(d) Additional data such as Hydrological or Geotechnical will be provided with each RFP/Task Order when applicable/available.

52.244-6 Subcontracts for Commercial Items (Sep 2006)

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

“Commercial item” has the meaning contained Federal Acquisition Regulation 2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)

(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2)(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceed $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212(a));

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (Flow down a required in accordance with paragraph (g) of FAR clause 52.222-39.)

(vi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause 52.247-64).

(2) While…