RFP_FA5613-14-R-0016.doc

Section B - Supplies or Services and Prices

Base Period MACC IDIQ

FFP

Ordering CLIN to issue task orders for design and/or construction work in accordance with Attachment 1, General Requirements & Provisions. Contractor shall furnish all materials, labor, plant, tools, equipment, transportation, and services (including engineering/technical design support) as necessary to perform the general construction work detailed within each individual task order. The work consists of a broad range of design-build, sustainment, maintenance, repair, alteration, renovation, and minor construction projects to include residential and commercial work affecting real property on various federal and military installations in Germany.

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

FFP

Ordering CLIN to issue task orders for design and/or construction work in accordance with Attachment 1, General Requirements & Provisions. Contractor shall furnish all materials, labor, plant, tools, equipment, transportation, and services (including engineering/technical design support) as necessary to perform the general construction work detailed within each individual task order. The work consists of a broad range of design-build, sustainment, maintenance, repair, alteration, renovation, and minor construction projects to include residential and commercial work affecting real property on various federal and military installations in Germany.

MAX

FFP

Ordering CLIN to issue task orders for design and/or construction work in accordance with Attachment 1, General Requirements & Provisions. Contractor shall furnish all materials, labor, plant, tools, equipment, transportation, and services (including engineering/technical design support) as necessary to perform the general construction work detailed within each individual task order. The work consists of a broad range of design-build, sustainment, maintenance, repair, alteration, renovation, and minor construction projects to include residential and commercial work affecting real property on various federal and military installations in Germany.

MAX

FFP

Ordering CLIN to issue task orders for design and/or construction work in accordance with Attachment 1, General Requirements & Provisions. Contractor shall furnish all materials, labor, plant, tools, equipment, transportation, and services (including engineering/technical design support) as necessary to perform the general construction work detailed within each individual task order. The work consists of a broad range of design-build, sustainment, maintenance, repair, alteration, renovation, and minor construction projects to include residential and commercial work affecting real property on various federal and military installations in Germany.

MAX

FFP

Ordering CLIN to issue task orders for design and/or construction work in accordance with Attachment 1, General Requirements & Provisions. Contractor shall furnish all materials, labor, plant, tools, equipment, transportation, and services (including engineering/technical design support) as necessary to perform the general construction work detailed within each individual task order. The work consists of a broad range of design-build, sustainment, maintenance, repair, alteration, renovation, and minor construction projects to include residential and commercial work affecting real property on various federal and military installations in Germany.

MAX

FFP

This option provision may be exercised more than once, during any performance period, but the total extension of performance shall not exceed 6 months. Please refer to contract clause FAR 52.217-8.

Ordering CLIN to issue task orders for design and/or construction work in accordance with Attachment 1, General Requirements & Provisions. Contractor shall furnish all materials, labor, plant, tools, equipment, transportation, and services (including engineering/technical design support) as necessary to perform the general construction work detailed within each individual task order. The work consists of a broad range of design-build, sustainment, maintenance, repair, alteration, renovation, and minor construction projects to include residential and commercial work affecting real property on various federal and military installations in Germany.

MAX

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$1,000.00

$165,000,000.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$1,000.00

$30,000,000.00

$0.00

$30,000,000.00

$0.00

$30,000,000.00

$0.00

$30,000,000.00

$0.00

$30,000,000.00

$0.00

$15,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$1,000.00

$5,000,000.00

$1,000.00

$5,000,000.00

$1,000.00

$5,000,000.00

$1,000.00

$5,000,000.00

$1,000.00

$5,000,000.00

$1,000.00

$5,000,000.00

PRICE/COST INFORMATION

COST LIMITATIONS: Task orders may be subject to Statutory Cost Limitations. If so, the limitation will be cited in the applicable task order.

ONLY OFFERS RECEIVED IN € (EURO) WILL BE ACCEPTED.

DESCRIPTION OF WORK

See Attachment 1, General Requirements & Provisions, and the scope of work specified in individual task orders issued against this contract.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

INSPECTION/ACCEPTANCE INFO

E-1. Authorized representatives from the 86 CES and 52 CES Engineering Sections, as applicable, will be responsible for inspection and/or acceptance. The inspectors will be identified by name at the task order site visit. The Contracting Officer (CO) is responsible for final acceptance of the work.

E-2. Notice of Completion of Task Order/Prefinal and Final Inspection

a) The contractor shall submit a request for final inspection, in writing, to the CO. The final inspection will be requested at least five (5) business days before the completion date.

b) The Government inspector, along with the contractor, shall conduct a pre-final inspection at least three (3) business days prior to the final inspection. The contractor shall correct any discrepancies noted prior to the final inspection.

c) The Government inspector will conduct the final inspection in the presence of the Contract Administrator and contractor. The contractor will correct any discrepancies noted within the time specified by the CO. Upon request, final payment will be made after correction of all discrepancies.

Section F - Deliveries or Performance

DELIVERY INFORMATION

05-JUL-2016

BLDG 502

RAMSTEIN-FLUGPLATZ

D-66877 RAMSTEIN-MIESENBACH

GERMANY

F3N053

05-JUL-2017

F3N053

05-JUL-2018

F3N053

05-JUL-2019

F3N053

05-JUL-2020

F3N053

05-JAN-2021

F3N053

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within (DETERMINED PER INDIVIDUAL TASK ORDER) 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 (DETERMINED PER INDIVIDUAL TASK ORDER).* The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 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 (DETERMINED PER INDIVIDUAL TASK ORDER) 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.

(End of clause)

PERFORMANCE INFORMATION

F-1. HOLIDAY PERFORMANCE AND HOURS OF WORK:

Normal access to the job site shall be between the hours of 0600 to 1800, Monday through Friday. Work performed after standard hours or on German holidays shall be coordinated by the contractor and negotiated with the Contracting Officer (CO) at the task order level. Some work areas may not be accessible on “Goal days” or “Family days”.

Training Holidays, Goal days or Family days: These are unique to military forces stationed in Europe. Most accompany Federal holidays and dates are determined each year. A current listing may be obtained from the CO.

List of U.S. Holidays:

(1) 1 January*

New Year's Day

(2) 3rd Monday in January Martin Luther King's Day

(3) 3rd Monday in February Presidents Day

(4) Last Monday in May Memorial Day

(5) 4 July*

Independence Day

(6) 1st Monday in September Labor Day

(7) 2nd Monday in October Columbus Day

(8) 11 November*

Veterans Day

(9) 4th Thursday in November Thanksgiving Day

(10) 25 December*

Christmas Day

*When the holiday is on a Saturday, the preceding Friday will be the U.S. holiday. When the holiday is on a Sunday, the following Monday will be the U.S. holiday.

List of Host Country Holidays in Germany are:

(1) 1 Jan

New Years Neujahrtag

(2) **

3 Kings Day Heilige 3 Koenige

(3) **

Good Friday Karfreitag

(4) **

Easter Monday Osternmontag

(5) 1 May

Labor Day Tag der Arbeit

(6) **

Ascension Day Himmelfahrt

(7) **

Whit Monday Pfingstmontag

(8) **

Corpus Christi Fronleichnam

(9) 3 Oct

Union Day Tag der Deutschen Einheit

(10) 1 Nov

All Saints Day Allerheiligen

(11) 25 Dec Christmas Weihnachten

(12) 26 Dec Christmas Weihnachten

**Indicates dates change each year. May be applicable on a state by state basis where work is performed under the contract.

F-2. LIQUIDATED DAMAGES (LDs)

LDs will be incorporated in all task orders totaling $550,000.00 or greater. The CO reserves the right to incorporate LDs for task orders less than this amount if he/she determines that LDs are warranted due to mission failure, loss of assets, etc. If LDs are used, they will be identified in the Task Order Request for Proposal (TORFP) and announced at the task order site visit.

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 specified in the task order for each calendar day of delay until the work is completed or accepted. Please reference FAR clause 52.211-12 for additional information.

Section G - Contract Administration Data

GENERAL INFORMATION

The resulting basic contract(s) shall be administered by 700 CONS as indicated in block 26 of the SF 1442. The individual task orders shall be awarded and administered by both of the following contracting activities:

FOR KMC & Ramstein AB:

700th CONTRACTING SQUADRON (CONS)/LGCC

KAPAUN AIR STATION, GEB. 2767

D-67661 KAISERSLAUTERN

GERMANY

FOR Spangdahlem AB:

52nd CONTRACTING SQUADRON (CONS)/LGCC

CIVIL ENGINEERING FLIGHT

GEB. 128, ARNOLD BLVD

D-54529 SPANGDAHLEM

All correspondence and data submitted by the contractor under this contract shall reference the contract number, task order number, project number, project title (if applicable), and must be written in English.

NOTE:

No changes, deviations, or waivers shall be effective without a modification of the contract executed by the Contracting Officer authorizing such changes, deviations or waivers.

ACCOUNTING AND APPROPRIATION DATA:

The applicable Accounting and Appropriation Data will be cited on individual task orders.

INVOICES:

The contractor will be paid no more than once a month upon the submission of proper invoices through Wide Area Work Flow (WAWF) for the construction services performed during the preceding month.

https://wawf.eb.mil/ A separate invoice shall be submitted for each task order. A properly prepared invoice shall be submitted identifing the payment requested by Contract Line Item Number (CLIN) and its corresponding two-digit Account Contract Reference Number (ACRN). Please reference DFARS clause 252.232-7006 for additional information.

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

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.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.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) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice 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) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Construction Payment Invoice

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Destination

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

DETERMINED PER INDIVIDUAL TASK ORDER

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

N/A Mark For Code

Service Approver (DoDAAC)

DETERMINED PER INDIVIDUAL TASK ORDER

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

(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.

- Defense Finance and Accounting Service (DFAS) – Europe, ATTN: Limestone, Kleber Kaserne, dfaseurcs@dfas.mil, Telephone: +49-631-411-6529/6383

- 700 CONS at 700cons.wawf@us.af.mil

- 52 CONS at 52CONS.InvoiceCertification@us.af.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H-1. GENERAL TERMS

(a) This is a firm-fixed-price (FFP), indefinite-delivery indefinite-quantity (IDIQ) type contract and will include a wide variety of individual specific elements of design and/or construction work. During the contract period, 86 CEG or 52 CES will identify design and/or construction tasks required to complete specific projects and the Contracting Officer (CO) will negotiate and issue individual task orders to the contractor to perform the projects. The contractor shall furnish all materials, equipment and personnel necessary to design, manage, and accomplish each task order. The Government will issue a Notice to Proceed for each task order placed against the basic contract.

(b) Guaranteed Minimum: $1,000.00 per awardee (to be satisfied at time of award via issuance of a task order for a pre-performance conference).

(c) The "maximum", as referred to in the contract clause FAR 52.216-22, "Indefinite Quantity", is the contract total estimated cost. The Government anticipates that there will be a maximum estimated cost of $150,000,000.00 for the entire contract period of performance of five (5) years, consisting of a 12-month base period and four (4) 12-month option periods. This estimated "maximum" amount may only be exceeded through a bi-lateral agreement between the Government and contractor. The contractor must be prepared to perform up to the contract maximum estimated cost of $150,000,000.00 (or $165,000,000 if the extension of services option period is exercised for six (6) additional months). If the Government's requirements for services set forth in the solicitation do not result in orders in the amount described as the "maximum", the event shall not constitute the basis for an equitable adjustment under this contract.

H-2. CONSTRUCTION START-UP PERIOD

The Contractor must have the organization and capability to be ready to accept a Task Order Request for Proposal (TORFP) on the first day of the ordering period for the base period of the contract, and be able to respond as outlined in H-6, Ordering Procedures.

H-3. Performance Evaluation Meetings

The contract manager shall be required to meet as needed depending on the workload of the contractor, with the 86 CES/CENM Chief or the 52 CES/CENM Chief, as applicable, and the CO to discuss progress and quality of work being performed.

H-4. PROGRAM STATUS REVIEWS

The contractor shall conduct Program Status Reviews (PSR) at least annually (or more often as needed). As part of the PSR, the contractor shall provide a program status briefing. The briefing, including presentation materials, will include the following as a minimum: a) Overall CES/CENM Program report (number of projects to date, total active projects, total Dollars/Euro awarded, quality assurance problems, performance difficulties, etc.); b) Brief overview of current projects/task orders, highlighting any “high interest” tasks; c) Identification of key personnel working and major subcontractors; and d) Any other item determined necessary by the CO. The contractor shall be responsible for coordinating with the CO for scheduling the briefings, facility, and attendance arrangements. As a minimum, the following personnel shall be invited to attend: Contracting Squadron Construction Flight Chief (700 CONS & 52 CONS), Engineering & Construction Flight Chief (86 CES/CEN & 52 CES/CEN), CEN/SABER Chief, and the CO.

H-5. TASK ORDER SAMPLE PRICING

The following sample illustrates how to propose pricing for a task order. Design calculations shall be broken down by labor category and proposed hours; labor rates shall be fully burdened. Construction calculations shall be broken down according to DIN 276. Task order execution for work elements #1 (design-build effort) and #3 (construction effort only) do not require formal design effort, and as such the pricing for the design portion will be N/A. Work element #2 (design-build effort with partial design provided) requires formal design effort, and is the sample used below. The labor categories shown are not all inclusive, but only a sample. All work and figures are fictitious.

DESIGN

Subtotal

400.00 €

Subtotal

1,275.00 €

Etc, as applicable

Design Total Price

1,675.00 €

CONSTRUCTION

Subtotal

38,333.00 €

Subtotal

2,500.00 €

Etc, as applicable

Construction Total Price

40,833.00 €

TOTALS

Design Total Price

1,675.00 €

Construction Total Price

40,833.00 €

Total Task Order Proposal Price

42,508.00 €

H-6. ORDERING PROCEDURES

(a) As the need exists for performance under the terms of this contract, the CO or his/her representative will notify the contractor of an existing requirement, and FFP task orders will be awarded hereunder within the scope of the General Requirements and Provisions (Attachment 1) IAW FAR 16.505. The contractor shall submit a proposal in accordance with the task order work element specified by the CO in the Task Order Request for Proposal (TORFP) no later than the time frame specified in the TORFP. Decentralized ordering is authorized under this contract for 52 CONS, Spangdahlem AB.

(b) Request for Proposals: When the Government has a requirement for work to be performed, the CO shall issue a TORFP with the following attachments, as applicable: Statement of Work (SOW); Schedule of Material Submittals (AF Form 66); Standardized Technical Proposal (STP); Price Schedule; and any applicable drawings, technical specifications, site map, preliminary or intermediate 0% - 35% design, etc. The TORFP shall be in writing and may be transmitted via e-mail. Issuance of TORFPs does not obligate the Government to issue task orders under this contract, nor shall it authorize the contractor to perform any work pursuant to such TORFP prior to the contractor’s receipt of a task order award. The TORFP shall be issued to each contract awardee under this MACC to provide fair opportunity IAW FAR 16.505(b), unless an exception applies IAW FAR 16.505(b)(2).

(1) Contractors are highly encouraged to submit a proposal for every requirement solicited. If a contractor does not provide a proposal, they shall submit a “no bid” letter to the CO. The CO reserves the right to utilize the off-ramp procedures for a contractor’s continued submittal of “no bid” letters (see also H-11, On/Off Ramps).

(2) Upon receipt of the TORFP, the contractor shall respond to the needs of the Government within 2 to 5 working days (or a shorter time period during emergency requirements) by visiting the proposed work site in the company of the CO (or authorized representative), Government Project Engineer(s), and a representative of the using agency (if necessary) to conduct a scope validation site visit and conference during which the following will be discussed (but not limited to):

-Site investigation

-Methods and alternatives for accomplishing work

-Definition and refinement of requirements

-Statement of Work

-Requirements for plans, sketches, shop/design drawings, submittals, etc

-Preliminary quantities (NOTE: The contractor establishes their own detailed quantity estimates for use in developing their proposal)

(c) Submission of Task Order Proposal: Upon establishment of the scope of the individual requirement, the contractor shall then prepare their technical proposal and price proposal for submission to the CO (in hard copy and electronic format). All task order proposals shall contain all information required to conduct a technical and price evaluation.

(1) The technical proposal includes (but not limited to) identified tasks, refined quantities, working drawings, detailed engineering plans/drawings (as the requirement exists), performance times/construction schedule, phasing plan (if applicable), and a detailed statement of proposed work.

(2) The price proposal (FFP) shall include quantities and unit prices for each construction work item IAW the price schedule provided; as well as a breakdown of the proposed labor categories, proposed hours per labor category, and proposed labor rates per labor category for the design effort (if applicable). The contractor shall be evaluated on a total proposed price for the entire effort.

(3) From the date of the site visit, the time allowed for submittal of the contractor's proposal for individual requirements will be as follows, unless otherwise directed by the CO. Classification of projects as Routine, Urgent or Emergency will be determined by the Government.

Routine: Proposals shall be submitted to the CO within ten (10) workdays after the site visit. Projects will be classified as “Routine” approximately 80% of the time.

Urgent: Proposals shall be submitted to the CO within three (3) workdays after the site visit, unless the mission dictates a shorter time period. Projects will be classified as “Urgent” approximately 15% of the time.

Emergency: Proposals shall be submitted to the CO within eight (8) hours after the site visit. Projects will be classified as “Emergency” approximately 5% of the time.

(d) Government Review of Task Order Proposals: Upon receipt of the contractors’ proposals, the Government will evaluate the proposals for completeness and reasonableness utilizing the evaluation procedures outlined in the TORFP. The Government will return the proposals with comments as required. A task order will not be awarded to a contractor whose proposed price is not determined fair and reasonable. Task order award will be made to the contractor providing the lowest price technically acceptable proposal.

(e) If, after following the evaluation procedures outlined in the TORFP, no proposal is acceptable or the Government loses the funding for the project; or if the project is no longer required prior to proposal acceptance, the Government reserves the right to cancel the requirement without any reimbursement to the contractors. The Government will notify all contractors of the cancellation.

H-7. TASK ORDER INFORMATION

(a) Task orders will be issued for CLINS 0001, 1001, 2001, 3001, 4001, and 5001, as applicable, by the CO using a DD Form 1155. Each task order will include the following information:

· Date of the task order.

· Contract number, task order number, and project number.

· Scope of work, location (building number or area), and task order total price.

· Delivery or performance data.

· Accounting and appropriation data.

· Any other pertinent data.

(b) The contractor's proposal on every task order must be supported by necessary documentation, as required, to indicate that adequate engineering and planning to accomplish the requirement have been done so as to minimize any delays in the construction process. Examples of documentation required for submittals that might reasonably be expected include sketches, drawings, calculations, catalog cuts, specifications, architectural renderings, detailed scope of work, etc. All such design submittals must be approved by the CO prior to start of any actual construction or demolition work.

H-8. TIME EXTENSIONS (Weather)

(a) In case of unusually severe weather, a time extension may be granted. The listing below defines the monthly anticipated adverse weather delay days for the contract period:

(b) The above schedule of monthly anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days will be recorded by the contractor on a calendar day basis (including weekends and holidays) and compared to the monthly anticipated adverse weather days above. The contractor shall prove to the CO all severe weather delays with a full justification (to include official daily weather report print-outs, concrete curing temperature specifications, etc). The CO reserves the right to deny weather delay claims that are not fully justified.

(c) The number of actual adverse weather days shall be calculated chronologically from the first to the last day in each month. Once the total number of actual adverse weather days anticipated above has occurred, the CO will examine any subsequently occurring adverse weather days to determine whether a contractor is entitled to a time extension. These subsequently occurring adverse weather days must prevent work for 50 percent or more of the contractor's workday and delay work critical to the timely completion of the project. The CO will convert any delays meeting the above requirements to calendar days and issue a modification.

(d) The contractor's task order progress schedule must reflect the above anticipated adverse weather delays on all weather dependent activities.

H-9. Warranty Service Requirements

In addition to DFARS clause 252.246-7002, Warranty of Construction (Germany), the following applies:

(a) The contractor shall furnish, as a minimum, 1 primary and alternate name and telephone number of their management staff, available 24 hours per day, 7 days per week, for the life of this contract to respond to warranty situations.

(b) Following notification by the CO (or authorized representative), the contractor shall respond to a warranty service requirement identified by the CO (or authorized representative) in accordance with the “Warranty Service Priority List” of this program. This list prioritizes warranty work into the following categories:

Emergency -- Perform on-site inspection to evaluate situation, determine course of action, and initiate work within 2 hours of notification and work continuously to completion.

Urgent -- Perform on-site inspection to evaluate situation, determine course of action, and initiate work within 24 hours of notification and work continuously to completion.

Routine -- All other work to be initiated within 48 hours of notification and work continuously to completion.

Definitions:

Emergency -- Emergency deemed by 86 CES/CENM or 52 CES/CENM such as a life-threatening situation caused by a utility outage deemed hazardous to the safety of personnel.

Urgent -- All utilities, including HVAC, plumbing and electrical. Also, intrusion alarm systems, all roof leaks, kitchen equipment, and fire detection/protection and sprinkler systems.

Routine -- All other areas.

(c) Should parts be required to complete the work and these parts are not immediately available, the contractor shall have a maximum of 12 hours after arrival at the job site to provide the CO with firm, written proposals for emergency alternatives and temporary repairs for Government participation with the contractor to provide emergency relief until the required parts are available on site for the contractor to perform permanent warranty repair. The contractor’s proposal shall include a firm date and time that the required parts shall be available on site to complete the permanent warranty repair. The CO will evaluate the proposed alternatives and select the alternative considered to be in the best interest of the Government to reduce the impact of the emergency condition. Alternatives considered by the CO will include the alternative for the contractor to “do nothing” while waiting until the required parts are available to perform permanent warranty repair. Negotiating a proposal, which will require Government participation and the expenditure of Government funds, shall constitute a separate procurement action by the Government.

H-10. NOTES REGARDING WORK HOURS

(a) Standard Working Hours. The contractor shall perform tasks during the standard working period of 0600 to 1800, Monday through Friday, excluding German Holidays. Standard work hours also apply to work on an American Holiday when the work is pre-approved by the CO. The Government estimates that work will be performed during standard hours 90% of the time. This figure is only an estimate. The contractor is not entitled to an equitable adjustment if actual work performed reflects a different value.

(b) Non-Standard Working Hours. Non-standard working hours are defined as the period from 1800 to 0600, Monday through Friday, as well as weekends and German Holidays. The Government estimates that work will be performed during non-standard hours 10% of the time. This figure is only an estimate. The contractor is not entitled to an equitable adjustment if actual work performed reflects a different value.

(c) Items of work to be accomplished during non-standard hours shall be clearly identified in contractor technical/cost proposals, including justification for the request. The contractor may elect to work during non-standard hours (1800 to 0600); however, a request must be submitted in writing to the 86 CEG or 52 CES Chief of Engineering at least 48 hours in advance and approved by the CO.

H-11. ON/OFF RAMPS

(a) On-Ramp Procedures:

(1) The Government reserves the right to re-open competition at any time during the term of the contract. The CO intends to periodically review the need for additional contractors during the contract period of performance (PoP). If it is determined to be in the Government’s best interest to add contractors, an on-ramp may be executed. When an on-ramp is used, the Government will advertise the reopening of the competition on FedBizOpps. All new awardees shall meet the criteria established in the initial solicitation. The evaluation and selection of awardees for any on-ramp will be the same as the evaluation and award criteria used for the initial basic contract awards. The anticipated number of awards will be announced in the reopening announcement posted to FedBizOpps; however, the PCO has the discretion to award more or fewer contracts than the number anticipated in the solicitation depending upon the quality of the offers received.

(2) Any contractor that received a basic contract award shall not re-compete. The new awardee(s) will compete with any existing or remaining contractors for all task orders. Any additions due to on-ramps will not impact the contract ceiling. The ordering period for new awardees will not extend the overall maximum term of the original contract, nor shall it re-establish the contract base period. The new awardee(s) will be eligible to compete for future task order requests for proposals issued against the basic IDIQ contract. The Government will not consider unsolicited requests for additional contractors.

(b) Off-Ramp Procedures: The Government reserves the right to utilize off-ramps when it is determined to be in the best interest of the Government; including, but not limited to, a contractor’s continued submittal of “no bid” letters, poor performance, change of ownership, etc. The Government may off-ramp a contractor by permitting a contractor’s contract to expire instead of exercising an option, implementing a termination for convenience, implementing a termination for default, or taking any other action permitted by the contract terms and conditions.

H-12. OPTION TO EXTEND SERVICES

In accordance with FAR Clause 52.217-8, Option to Extend Services, “the Government may require continued performance of any construction services within the limits and at the rates specificed in the contract.” However, there are no option prices provided as part of this IDIQ type contract. For the purposes of evaluation of this extension option period, the Government will use the estimated value of $15,000,000 for the 6-month extension period to consider this option period evaluated.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, 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 Contractor is not obligated to honor:

(1) Any order for a single item in excess of $5,000,000.00;

(2) Any order for a combination of items in excess of $5,000,000.00; or

(3) A series of orders from the same ordering office within 5 workdays that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 workdays after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

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 completion of all task orders issued during the contract ordering period.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at least 15 calendar days prior to contract expiration.

(End of clause)

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 at least 30 calendar days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar 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 66 months.

(End of clause)

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 an average of fifteen (15) 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.

(End of clause)

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's…