Solicitation Amendment - FA524024R00040002.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section A - Solicitation/Contract Form

AJJY 23-1061 Airfield Paving Indefinite Delivery Indefinite Quantity (IDIQ) Contract

Project Number: AJJY 23-1061 Date: 01 Feb 2024

FA524024R00040002

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Estimated Quantity

Unit Unit Price Amount

BASE ORDERING PERIOD: AJJY 23-1061 Airfield Paving Indefinite Delivery Indefinite Quantity (IDIQ) Contract. The contractor shall provide all necessary labor, materials, transportation, equipment, supervision, engineering design, certifications, permits and other incidental work required for this project in accordance with the revised General Statement of Work and Technical Specifications dated 25 January 2024. Estimated amount of IQ work for a period of 12 months. A task order for the minimum guarantee will be issued concurrently with the award of the basic contract.

Exhibit A - Base Period Schedule FFP

Exhibit Line Items A001 - A012

Product Service Code: Z2BD Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

FIRST OPTION ORDERING PERIOD: AJJY 23-1061

Airfield Paving Indefinite Delivery Indefinite Quantity (IDIQ) Contract. The contractor shall provide all necessary labor, materials, transportation, equipment, supervision, engineering design, certifications, permits and other incidental work required for this project in accordance with the revised General Statement of Work and Technical Specifications dated 25 January 2024. Estimated amount of IQ work for a period of 12 months.

Exhibit B - First Option Price Schedule FFP

Exhibit Line Items B001 - B012

Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

SECOND OPTION ORDERING PERIOD: AJJY 23-1061

Airfield Paving Indefinite Delivery Indefinite Quantity (IDIQ) Contract. The contractor shall provide all necessary labor, materials, transportation, equipment, supervision, engineering design, certifications, permits and other incidental work required for this project in accordance with the revised General Statement of Work and Technical Specifications dated 25 January 2024. Estimated amount of IQ work for a period of 12 months.

Exhibit C - Second Option Price Schedule FFP

Exhibit Line Items C001 - C012

Pricing Arrangement: Firm Fixed Price

1 Lot

THIRD OPTION ORDERING PERIOD: AJJY 23-1061

Airfield Paving Indefinite Delivery Indefinite Quantity (IDIQ) Contract. The contractor shall provide all necessary labor, materials, transportation, equipment, supervision, engineering design, certifications, permits and other incidental work required for this project in accordance with the revised General Statement of Work and Technical

Option Line Item

Specifications dated 25 January 2024. Estimated amount of IQ work for a period of 12 months.

Exhibit D - Third Option Price Schedule FFP

Exhibit Line Items D001 - D0012

Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

FOURTH OPTION ORDERING PERIOD: AJJY 23-1061

Airfield Paving Indefinite Delivery / Indefinite Quantity (IDIQ) Contract. The contractor shall provide all necessary labor, materials, transportation, equipment, supervision, engineering design, certifications, permits and other incidental work required for this project in accordance with the revised General Statement of Work and Technical Specifications dated 25 January 2024. Estimated amount of IQ work for a period of 12 months.

Exhibit E - Fourth Option Price Schedule FFP

Exhibit Line Items E001 - E012

Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

FIFTH OPTION ORDERING PERIOD: AJJY 23-1061

Airfield Paving Indefinite Delivery Indefinite Quantity (IDIQ) Contract. The contractor shall provide all necessary labor, materials, transportation, equipment, supervision, engineering design, certifications, permits and other incidental work required for this project in accordance with the revised General Statement of Work and Technical Specifications dated 25 January 2024. Estimated amount of IQ work for a period of 6 months.

Exhibit F - Fifth Option Price Schedule FFP

Exhibit Line Items F001 - F012

Pricing Arrangement: Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

Requirements This acquisition is procured under NAICS code 237310 with a size standard of $45M using full and open competition.

This solicitation is issued to establish an Airfield Paving Indefinite Delivery/Indefinite Quantity (IDIQ) Contract to support construction, alteration, repair, and maintenance of asphalt and concrete pavements, which includes, but is not limited to, repair of concrete sidewalks, crack sealing, joint sealing, spalls, potholes, curbs and gutters, guardrails, ditch, drainage pipe, traffic striping, sidewalk replacement, pavement marking, excavation, utility work, landscaping, and related work. The projects will generally include all work, plant, labor, transportation, materials, equipment, tools, supplies, quality control, engineering, supervision, management, administration services, and other incidental work necessary to complete the scope of work. Performance will be on Andersen Air Force Base and Northwest Field, Guam.

The Government intends to award to one (1) responsible offeror whose proposal conforms to all required terms and conditions, to include all required representations and certifications, meets all requirements set forth in the RFP, and provides the best value to the Government based on the results of the evaluation as described in Section M, Evaluation Factors for Award.

The magnitude of this contract is between $25,000,000 and $100,000,000 IAW DFARS 236.204(ii).

Please reference Section L, Instructions, Conditions and Notices to Offerors for proper preparation of the offer.

Proposals MUST BE submitted electronically through PIEE. Sealed offers means submittal via PIEE in accordance with Section L.

DFARS Clauses Incorporated by Full Text

252.222-7000 Restrictions on Employment of Personnel (Mar 2000)

As prescribed in 222.7004, use the following clause:

RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)

(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in , individuals who are residents thereof Guam and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.

(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.

(End of clause)

Section D - Packaging and Marking

N/A

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-12 Inspection of Construction. Aug 1996

Section F - Deliveries or Performance

Overall Contract Delivery Period

From 15 Mar 2024 to 14 Mar 2025

From date of lead time event to beginning of performance 1 Calendar Days Date of Award Receipt

From date of lead time event to completion of performance 2009 Calendar Days Date of Award Receipt

Line Item Delivery Schedule Estimated Quantity

Address and POC

Period of Performance From 15 Mar 2024 To 14 Mar 2025

1 Lot

Option Line Item

Period of Performance From 15 Mar 2025 To 14 Mar 2026

1 Lot

Option Line Item

Period of Performance From 15 Mar 2026 To 14 Mar 2027

1 Lot

Option Line Item

Period of Performance From 15 Mar 2027 To 14 Mar 2028

1 Lot

Option Line Item

Period of Performance From 15 Mar 2028 To 14 Mar 2029

1 Lot

Option Line Item

Period of Performance From 15 Mar 2029 To 14 Sep 2029

1 Lot

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.211-18 Variation in Estimated Quantity. Apr 1984 52.247-29 F.o.b. Origin. Feb 2006 52.247-30 F.o.b. Origin, Contractor's Facility. Feb 2006 52.247-34 F.o.b. Destination. Nov 1991 52.247-35 F.o.b. Destination, Within Consignee's Premises. Apr 1984 52.247-65 F.o.b. Origin, Prepaid Freight-Small Package Shipments. Jan 1991

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.247-7023 Transportation of Supplies by Sea. Jan 2023

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions-Cost Vouchers May 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type: Document type. CONSTRUCTION AND

FACILITIES MANAGEMENT

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC SPECIFIED ON TASK ORDER

Issue By DoDAAC SPECIFIED ON TASK ORDER

Admin DoDAAC SPECIFIED ON TASK ORDER

Inspect By DoDAAC SPECIFIED ON TASK ORDER

Ship To Code SPECIFIED ON TASK ORDER

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC SPECIFIED ON TASK ORDER

LPO DoDAAC SPECIFIED ON TASK ORDER

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

SPECIFIED ON TASK ORDER

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

1.0 GENERAL OVERVIEW

This is a construction procurement issued as a competitive, unrestricted acquisition and is intended to result in a single award of an Indefinite Delivery/Indefinite Quantity (IDIQ) contract. A competitive Subjective Tradeoff (STO) best value source selection will be conducted in accordance with Federal Acquisition Regulation (FAR) Part 15, Defense Federal Acquisition Regulation Supplement Procedures, Guidance and Information (DFARS PGI) Subpart 215.3, and Department of the Air Force Federal Acquisition Regulation Supplement Mandatory Procedures (DAFFARS MP) 5315.3, and Department of Defense (DoD) Source Selection Procedures (20 Aug 2022), in which competing offerors' small business subcontracting plan and past performance, when combined, will be evaluated on a basis equal to price. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, and representations and certifications, in addition to those identified as evaluation factors. Failure to meet a solicitation requirement may result in an offer being determined unacceptable. The Government reserves the right to make a single award to other than the offeror whose subcontracting plan and past performance, when combined, are equal to price, if the difference in the Past Performance Confidence Rating of another offeror with a higher price justifies the higher price premium. In that event, the Source Selection Authority will make an integrated assessment best value award decision using the Price Schedule, Small Business Subcontracting Plan, and the Past Performance Confidence Rating.

2.0 CONTRACT TYPE

This is an IDIQ contract with pre-established fixed contract prices. The actual amount of work to be performed and the time of such performance will be determined by a Contracting Officer, who will issue written task orders to the contractor. Award of task orders will be on a firm fixed price basis. This is not a requirements contract.

3.0 CONTRACT DURATION, LIMITS, AND AMOUNTS

3. 1 Term of contract: The resulting contract will have a base period of 12 months. The total duration of this contract, including the exercise of any options, shall not exceed five (5) years and six (6) months. However, this time period may be reduced if the Contracting Officer determines that the estimated contract amount ordered by the Government has been reached (see paragraph 3.3 below).

3. 2 Options: The contract contains four (4) 12-month options and one (1) 6-month option, for a total maximum duration of five (5) years and six (6) months, or maximum dollar value of $99,000,000 (see paragraph 3.3 below), whichever occurs first. The Government has the option to extend the term of the contract in accordance with the contract clause entitled "FAR 52.217-9, Option to Extend the Term of the Contract". The Government may extend their contract by written notice to the contractor within thirty (30) days, provided that the Government will give the contractor a preliminary written notice of its intent to extend within thirty (30) days before the contract expires. The preliminary notice does not commit the Government to an extension.

3. 3 Amounts: The maximum dollar value, including the Base Period and all four Options is $90,000,000. In the event the contract term is extended, the maximum dollar value, including the Base Period, all four Options, plus the option to extend six (6) months, is $99,000,000. The estimated dollar value for the Base and each Option Year Period is $18,000,000; the estimated dollar value for the 6-month extension is $9,000,000.

3. 4 Estimated Amounts: The contract provides for an estimated dollar value for each period. For each period, any remaining unused amounts in the estimated dollar value may be carried over to the next option period, and except for any limitations on quantities noted in FAR Clause 52.216-19 Order Limitations, there is no limit on the number of orders that may be issued during each period provided the overall maximum dollar value of $90,000,000 (or $99,000,000 if the contract is extended not more than six months) is not exceeded in the contract.

3. 5 Task Order Limitations: Task orders will range between $2,000 and $5,000,000. Task orders may fall below or above this limit;

however under the general terms of the contract, the Contractor is not obligated to accept task orders as follows: Contractor is not obligated to honor (1) any order for a single item in excess of $5,000,000; (2) any order for a combination of items in excess of $10,000,000; or (3) a series of orders from the same ordering office within 3-days that together call for quantities exceeding the limitation in excess of $10,000,000. A task order may be issued in an amount less than the minimum order amount of $2,000 when it is determined by the Government as necessary to expend the minimum guarantee.

4.0 MINIMUM GUARANTEE

Upon contract award, the awardee will receive an initial task order for the contract minimum of $5,000.00 to cover the expense of attending a post award conference. The post award conference will be conducted within 30 days following contract award and will be held at Andersen Air Force Base, Guam. The Government will provide the dates, format, and agenda within approximately two (2) weeks after contract award. It is anticipated the post award conference will be two (2) to four (4) hours in length. The Government will not pay any additional costs incurred above this amount. The awardee attending the post award conference is authorized up to three (3) contractor management staff. At the request of the awardee, the Contracting Officer (CO) may approve additional attendees, at no cost to the Government, if space is available. The post award conference will focus on contract terms and conditions, fire and safety, base access, bonding requirements, and additional topics. The Government makes no representation as to the number of task orders or actual amount of work to be ordered. The minimum guarantee of $5,000 applies to the base period only. The contractor is not guaranteed work in excess of the minimum guarantee specified herein.

5.0 TASK ORDER ISSUANCE PROCEDURES

5.1 REQUIREMENTS: As requirements are identified, the Government will issue a Request for Proposal (RFP) that will describe the scope of work and include the applicable price schedule for anticipated work requirements, along with the required proposal response time. A site visit will be scheduled with the contractor to confirm the work items (priced per applicable Price Schedule), quantities, and performance period. Any discrepancies between the Government's and the contractor's proposed work items, quantities, and performance period shall be resolved before a task order is issued. Task orders are the award of the services required under this contract. The performance period shall be stated as a requirement or negotiated and incorporated into each task order. All task orders issued hereunder are subject to the terms and conditions of this contract. It is the Government's intent to issue task orders with an established firm fixed price. This contract provides for a five (5) year and six (6) month ordering period, which is inclusive of all options.

When the Government requires work under the contract, a Request for Proposal Letter 5.2 REQUEST FOR PROPOSAL (RFP):

(RFPL) will be issued as appropriate. The CO will initiate the RFP process by sending a RFPL and its attachments (hereafter referred to as the RFP package) to the Airfield Paving IDIQ contractor with the following information:

a. Date of RFP package

b. Proposal due date and name/email address of the Point of Contact (POC), to submit proposal

c. Project Location

d. Project specific Statement of Work (SOW)

e. Applicable price schedule with anticipated work requirements (ELINs) identified

f. Performance Period

g. Site Visit information

h. Any mandatory work schedule requirements

i. Other requirements documents

j. Bonding and Insurance requirements

k. Magnitude of the construction project in accordance with FAR 36.204

l. Identification of Liquidated Damages Rate

m. Other pertinent data that will affect the project

5.3. PROPOSAL SUBMISSION: The Contractor's task order proposal shall be submitted to the CO on or before the time and date specified in the RFPL. Pricing on task order proposals shall be valid as indicated on the RFP using the correct Price Schedule. If not indicated, pricing will remain valid for 120 calendar days.

5.4 AWARD: Task Orders will be awarded on Department of Defense (DD) Form 1155, Order for Supplies or Services. Task Orders will be numbered in accordance with FAR 52.215-8. The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed task orders. In accordance with FAR 16.505(a) (9), 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; or a protest of an order valued in excess of $10 million. Protests of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with the procedures at

FAR 33.104.

Modifications to task orders will be issued on Standard Form (SF) 30.5.5 MODIFICATIONS:

5.6 IDENTIFICATION OF CORRESPONDENCE: All correspondence and data submitted by the contractor under this contract shall reference the contract number, task order number, project title, and project number.

6.0 LABOR REQUIREMENTS

6.1 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

With the exception of Defense Policy Review Initiative (DPRI) projects, construction contracts in Guam are subject to the Contract Work Hours and Safety Standards Act but are not subject to Davis-Bacon Act. Therefore, the following FAR clauses shall be modified to reflect this applicability and included in this contract.

a. FAR 52.222-11, Subcontracts (Labor Standards), except that the list of applicable clauses in paragraph b shall be modified to refer only to the clauses: Contract Work Hours and Safety Standards Act-Overtime Compensation, Subcontracts (Labor Standards), and Contract Termination-Debarment, Disputes Concerning Labor Standards.

b. FAR 52.222-12, Contract Termination-Debarment, except that the list of applicable clauses in the first sentence shall be modified to refer only to the Contract Work Hours and Safety Standards Act-Overtime Compensation, and Subcontracts (Labor Standards).

6.2 NOTICE CONCERNING LABOR RATES

a. Davis-Bacon Act does not apply to this contract.

b. Offerors maintain the responsibility to comply with the Government of Guam's Labor Certification process and current prevailing wage rates, as applicable. The notice for prevailing wage rates for construction is attached as Attachment (2) and provided for information only.

c. Inquiries should be directed to the Guam Area Office, U.S. Department of Labor, Wage & Hour Division, 520 West Soledad Ave., Hagatna, Guam 96910-4950, Telephone (671) 473-9178.

7.0 COMMENCEMENT OF WORK

The work shall commence within fifteen (15) days after award of the base period.

8.0 PLACE OF PERFORMANCE

The place of performance will be designated on each individual task order.

9.0 PROPOSAL PREPARATION COSTS

The costs for preparation of task order proposals, if required under this contract, shall be the responsibility of the contractor and not directly reimbursable. Each task order awarded will include, at a minimum, all labor wages, management, supervision, mobilization, material, and equipment costs. The Contractor shall furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirements of the task order.

10.0 PERFORMANCE AND PAYMENT BONDS

Performance and payment bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in the Treasury Department Circular 570, in the amount of 100% will be required for each task order and shall be submitted for approval to the Contracting Officer within 10 days (unless otherwise stipulated on the individual task order) of award of a task order. Commencement of construction is contingent upon approval of required bonds and issuance of a notice to proceed (NTP).

11.0 REQUIRED INSURANCE

11.1 Within fifteen (15) days after award of this contract, the Contractor(s) shall furnish the Contracting Officer a Certificate of Insurance as evidence of the existence of the following insurance coverage amounts not less than the amount specified below in accordance with FAR Clause 52.228-5, Insurance - Work on a Government Installation.

COVERAGE:

Comprehensive General Liability: $500,000 per occurrence

Automobile Liability: $200,000 per person, $500,000 per occurrence for bodily injury; $20,000 per occurrence for property damage Workmen's Compensation: As required by Federal and State Worker's compensation and occupational disease laws.

Employer's Liability Coverage: $l00,000, except in states where worker's compensation may not be written by private carriers.

Others as required by state law.

11.2 The Certificate of Insurance shall provide for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned "Insurance" clause.

12.0 TASK ORDER PERFORMANCE PERIOD

In accordance with FAR Clause 52.211-10, Commencement, Prosecution, and Completion of Work, the contractor is required to complete all task order work based on the following performance schedule unless otherwise directed.

The Government reserves the right to negotiate a task order's performance period if determined to be in the best interest of the Government.

13.0 SITE VISIT

Upon receipt of the scope of work, including applicable drawings, and following a brief time period for reviewing the documents, the Contractor shall inspect the jobsite. Any deficiencies, conflicts, or other areas of concern existing in the scope of work and applicable drawings should be brought to the attention of the Contracting Officer, in writing. The Contractor shall also notify the Contracting Officer, in writing, upon observing any features in the scope of work that appear to be ambiguous, confusing, conflicting or erroneous.

Ten (10) or more failures to attend site visits may be reason for the Government's determination not to exercise the Contractor's option periods.

14.0 SUPERVISION

For each task order, the Contractor shall provide supervision in accordance with FAR Clause 52.236-6, Superintendence by the Contractor. In addition to the required supervision, the Contractor shall provide for a Quality Control (QC) manager for each task order issued under the contract. No construction work or testing may be performed unless the QC manager is on the work site;

however, construction work may continue if the QC manager is conducting QC related work for the specific task order on base installations. In situations where more than one project location is designated in the task order, construction work may continue at a worksite if the QC manager is present at another one of the task order's related worksite. For projects requiring Level 4 competency or higher, the Site Safety and Health Officer (SSHO) shall have no other duties other than safety and occupational health management, inspections, and enforcement on that project. For all other projects, the SSHO may be a collateral duty of either the superintendent, QC manager, or other designated employee. Unless otherwise specified in the RFP package for individual task orders, all three functions (superintendent, QC, and SSHO) shall not be assigned to the same individual.

15.0 SUBCONTRACTING RESPONSIBILITIES

The Contractor shall be responsible for the management and performance of all subcontractors. The Contractor shall ensure subcontractors are competent and capable of handling all assigned work. The Contractor shall ensure task orders are completed within the stated requirements.

The Contractor is responsible for ensuring subcontracting opportunities are made available to all small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged small business and women-owned small businesses.

16.0 NOTICE OF CONSTRUCTIVE CHANGES

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

17.0 PAYMENTS

Designated paying office will be determined upon award of individual task orders under this contract. Invoicing procedures will be as stated in Section 01 20 00.00 20 Price and Payment Procedures. Percentage of performance payments will be processed through the designated Administrative Contracting Officer. Invoices shall be submitted to the office identified in block 6 of the DD 1155.

18.0 PRE-CONSTRUCTION MEETING

Prior to commencing work under a task order, the Contractor shall meet with the Contracting Officer and/or designated technical personnel at a mutually agreeable time to discuss and develop mutual understandings concerning schedule and administering work.

19.0 PARTNERING

Partnering is a structured process as well as philosophy of doing business with contractors and clients that recognizes common goals through communication and teamwork. It helps create an environment where trust and teamwork prevent disputes, foster good working relationships to everyone's benefit, and facilitate the completion of a successful contract. In support of the command's goals of teamwork and client satisfaction, our policy is to practice the philosophy of Partnering on every contract we administer. The required level of partnering discusses partnering concepts and benefits. It should become a part of the preconstruction conference. The Contracting Officer and senior Contractor persons present will lead the discussion. Brief follow-on sessions should be held, as needed, to discuss issues relevant to the execution of the project, to resolve problems that have surfaced since the last session, and to discuss contractor performance.

20.0 PERFORMANCE EVALUATIONS

The Contracting Officer will complete a contractor's performance evaluation for input into the Contractor Performance Assessment Reports (CPARS) database. The evaluation will take into account all aspects of the contractor's performance. Interim performance evaluations may be completed at any time the contractor's performance is considered less than satisfactory or to provide feedback.

Contractor will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation. The negative performance evaluations will have an impact on the award of future task orders.

21.0 CONSOLIDATED SCHEDULES

In addition to the requirements for a small project construction progress schedule for each task order, the Contractor shall provide a separate, single consolidated schedule for all task orders it is issued under the contract. This consolidated schedule shall be updated and provided to the Contracting Officer on the first day of each month; and shall incorporate significant milestones and related information for each task order. Required information in the consolidated schedule will be provided as directed by the Contracting Officer and includes, but is not limited to, task order award date and amount, description, estimated completion date, contract completion date, percentage of scheduled completion, percentage of actual completion, pending issues, contract amount including modifications, and DD1354 submission date. This consolidated schedule is a tool to manage the contract and will be used to measure progress and to evaluate potential impact on the performance of future task orders. The Contractor remains responsible for providing detailed, current, accurate and complete information in the consolidated schedules.

22.0 POTENTIAL TASK ORDERS

The Contractor's progress on ongoing task orders will be measured using the consolidated schedule required in paragraph 21.0 above.

Contractor must prosecute the work or any separable part, with the diligence that will ensure completion within the time specified in the task orders. The Government reserves the right to not award a contractor new task orders if the contractor fails to prosecute the work on any outstanding task orders of any such action.

FAR Clauses Incorporated by Full Text

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

As prescribed in , insert the following clause: 36.501(b)

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 of the total amount of work to fifteen percent 15% 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.

(End of clause)

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Numbe r

Title Effective Date

52.203-

Display of Hotline Poster(s). Nov 2021

52.204-

Approval of Contract. Dec 1989

52.204-

Security Requirements. (Alternate II) Apr 1984

52.204-

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

Dec 2023

52.219-

Post-Award Small Business Program Representation. Sep 2023

52.222-

Notification of Employee Rights Under the National Labor Relations Act. Dec 2010

52.223-

Hazardous Material Identification and Material Safety Data. Feb 2021

52.225-

Notice of Buy American Requirement for Construction Materials. May 2014

52.227-

Patent Indemnity-Construction Contracts. Dec 2007

52.228-

Performance and Payment Bonds-Construction (Deviation 2020-O0016). Jun 2020

52.232-

Payments under Fixed-Price Construction Contracts. May 2014

52.232-

Discounts for Prompt Payment. Feb 2002

52.232-

Extras. Apr 1984

52.232-

Prompt Payment for Construction Contracts. Jan 2017

52.236-

Specifications and Drawings for Construction. (Alternate II) Apr1984

52.236-

Preconstruction Conference. Feb 1995

52.246-

Warranty of Construction. Mar 1994

52.247-

Supervision, Labor, or Materials. Apr 1984

52.248-

Value Engineering-Construction. Oct 2020

52.252-

Alterations in Solicitation. Apr 1984

52.252-

Alterations in Contract. Apr 1984

FAR Clauses Incorporated by Full Text

52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade Agreements. May 2014

As prescribed in (d)(1),insert the following provision:25.1102

Notice of Buy American Requirement- Materials Under Trade Agreements Construction (May 2014)

(a) " ," " material," "designated country material," "domestic Definitions. Commercially available off-the-shelf (COTS) item construction construction material," and "foreign material," as used in this provision, are defined in the clause of this solicitation entitled "Buy construction construction

American-Construction Materials Under Trade Agreements"(Federal Regulation (FAR) clause 52.225-11).Acquisition

(b) . An offeror requesting a determination regarding the in applicability of the Buy American statute Requests for determination of inapplicability submit the request to the in time to allow a determination before submission of . The offeror include the should Contracting Officer offers shall information and applicable supporting data required by paragraphs (c) and (d)of FAR clause 52.225-11 in the request. If an has not requested a offeror determination regarding the inapplicability of the Buy American statute before submitting its or has not received a response to a previous request, offer the shall include the information and supporting data in the .offeror offer

(c) Evaluation of . offers

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph(b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable offeror cost.

(d) Alternate . offers

(1) When an offer includes foreign material, other than designated country material, that is not listed by the Government in construction construction this in paragraph (b)(3) of FAR clause 52.225-11, the offeror also submit an alternate based on use of equivalent domestic or solicitation may offer designated country material.construction

(2) If an offer is submitted, the shall submit a separate for the , and a separate price comparison alternate offeror Standard Form 1442 alternate offer table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the that is based on the use of any offer foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those based on use of the equivalent domestic or designated country material, and the offers construction offeror shall be required to furnish such domestic or designated country material. An based on use of the foreign construction material for which construction offer an exception was requested-

(i) Will be rejected as nonresponsive if this is conducted by sealed bidding; oracquisition

(ii) be accepted if revised during negotiations.May

(End of Provision)

52.232-16 Progress Payments. Nov 2021

As prescribed in , insert the following clause: 32.502-4(a)

Progress Payments (Nov 2021)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the , under the following conditions: Contracting Officer

(a) Computation of amounts.

(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The will consider cost of money that would be Contracting Officer allowable under Federal Regulation (FAR) 31.205-10 as an incurred cost for progress payment purposes. Acquisition

(2) The amount of financing and other payments for and services purchased directly for the contract are limited to the amounts that have been supplies paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors-

(i) In accordance with the terms and conditions of a subcontract or ; and invoice

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid be excluded from the Contractor's total costs for progress payments until paid). shall

(4) The Contractor not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause: shall

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to or amortization except for the properly depreciated or amortized portion of such costs. depreciation

(iv) Payments made or amounts payable to subcontractors or suppliers, except for-

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments exceed neither (i) the progress payments made against incomplete work (including allowable may unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the supplies Government are incomplete.

(6) The total amount of progress payments not exceed 80 percent of the total contract price. shall

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by paragraphs (a)(4) or (a)(5) of this clause, the Contractor repay the amount of such excess to the Government on demand. shall

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The make exceptions.Contracting Officer may

(9) The costs applicable to items delivered, invoiced, and accepted not include costs in excess of the contract price of the items. shall

(b) Liquidation. Except as provided in the of the Government clause, all progress payments be liquidated by Termination for Convenience shall deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor repay to the Government any amounts required by a retroactive price reduction, after shall computing liquidations and payments on past at the reduced prices and adjusting the unliquidated progress payments accordingly. The invoices Government reserves the right to unilaterally change from the ordinary liquidation rate to an rate when deemed appropriate for proper alternate contract financing.

(c) Reduction or suspension. The reduce or suspend progress payments, increase the rate of liquidation, or take a Contracting Officer may combination of these actions, after finding on any of the following conditions: substantial evidence

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).

(2) Performance of this contract is endangered by the Contractor's--

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any liquidation rate in paragraph (b) of this clause, and alternate that rate is less than the progress payment rate stated in paragraph (a)(1) of this clause.

(d) Title.

(1) Title to the property described in this paragraph (d) vest in the Government. Vestiture be immediately upon the date of this contract, for shall shall property acquired or produced before that date. Otherwise, vestiture occur when the property is or have been allocable or properly shall should chargeable to this contract.

(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or be allocable should or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and to which the Government is to…