FINAL_RFQ_HSHQDC-17-Q-00241_AMENDMENT_000001_7.7.17.pdf

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HSHQDC-17-Q-00241

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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DHS/OPO/DEPT.OPS

U.S. Dept. of Homeland Security Office of Procurement Operations Dept. Operations Acquisition Div.

245 Murray Lane, SW, #0115 Washington DC 20528-0115 Attn: Evron Rollins, evron.rollins@hq.dhs.gov

07/07/2017000001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

07/06/2017

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this solicitation amendment is to amend the following sections in the request for quotation (RFQ):

1. Section C.1 – Project Summary

2. Section C.2.2 - Construction

3. Section C.2.3 – Other Details

4. Section L.5.1 – Technical Quotation

Please view the changes in bold print. All other terms and conditions shall remain the same.

End of amendment.

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Evron Rollins

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

X 1

RFQ HSHQDC-17-Q-00241 Amendment 000001

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

(A) (B) (C) (D) (E) (F)

HSHQDC-17-Q-00241/000001

DO/DPAS Rating: NONE

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Section C. Statement of Work

C.1. Project Summary

This project involves the renovation of the Office of the Chief Procurement Officer (OCPO) Executive

Suite in room 3600 on the 3rd floor of the Regional Office Building (ROB) located at 301 7th Street SW

(between 7th & D Street) in Washington, DC. The contractor shall provide minor construction services which includes painting, electrical, cabling, general construction and minor demolition services and the demolition and installation of new carpet in accordance with the floor plans in attachment A. The contractor shall procure and install new furniture indicated in attachment B.

Services shall include but are not limited to post construction clean up and installing/relocating damaged or misaligned ceiling grids, ACT, or light fixtures to align with the floor plans and address visible defects. Services shall also include lock changes, diffuser replacement, installation or relocation of data and telecomm equipment, partition construction, and the demolition of the above items as needed to complete the project. The offerors’ quotation shall include all items and services required for the completion of this project. Offerors shall use the floor plans in attachment A to identify the adjacencies, scale, and location of the furniture, walls, and doors. The floor plans will assist in planning and completing modifications to the reflected ceiling plan (i.e. ACT, grid, lighting, fire safety, etc.) and to plan the location or modification of the power and cable in accordance with DHS standards.

C.2. Scope of Work

C.2.1. Demolition:

The contractor shall provide the following services:

1. Demolish the walls as necessary to complete construction as indicated in the proposed floor plans.

2. Remove and relocate the furniture whips and de-install the structured cabling in the workstations.

3. Remove the existing flooring throughout the work area including the conference room.

4. Remove miscellaneous fixtures, obsolete low voltage and CATV cabling, and remove/relocate electrical/light, fire/smoke, and mechanical fixtures in the ceiling and walls throughout the space as required for seamless operation of the finished suite.

5. Remove debris from site and disposed of it properly.

6. Remove and dispose furniture and appendages not required to complete the renovation. This includes but is not limited to the two (2) workstations indicated in the floor plans.

C.2.2. Construction:

1. General:

The contractor shall:

a. Complete the following construction services throughout the work area unless noted otherwise. The contractor shall use the floor plans as a reference.

b. Manage all permits and reviews necessary for this project.

2. Masonry and Drywall:

a. Construct the walls as required.

b. Patch and repair walls as required after demolition. Holes and gouges in the walls shall be filled with quick drying drywall mud. Contractor shall provide the drywall mud.

c. Provide wall/ceiling blocking as necessary for wall and ceiling mounted equipment.

Contractor shall seal openings in the wall.

3. Electrical, Lighting, Fire, & Data/Telecom:

a. Confirm sufficient power exist in the panels connected to the space prior to commencement. If floor power tracks or power poles are required, the contractor shall confirm that the power tracks or power poles are of sufficient dimensions and those dimensions do not interfere with the ability to complete the work.

b. Complete electrical, lighting, fire, and data installations as required.

c. Provide additional receptacles throughout the space as needed to comply with code and power equipment.

d. Relocate the lighting fixtures to provide adequate lighting to work areas and within offices and provide power for dual screens, two (2) 6x6 workstations, and one (1) new office.

e. Relocate or as needed install new directional fire exit signs, egress lights, strobes, and accessories to display how to exit the space in case of a fire with specific attention to the changes caused by the new office.

f. Rewire/wire two (2) workstations and one (1) office. Rewire/relocate telephones.

g. Low voltage vendor shall provide all materials, coordinate installation with furniture vendor, lace, terminate, label and test all new and existing drops. All exposed cable shall run inside the wall. The low voltage vendor shall undo all existing cabling termination and install all cables, new and existing, inside the wall.

h. Pull back all demolished electrical cabling to the appropriate electrical closet as necessary. In order to keep existing cabling under warranty, DHS requests that the contractor utilizes Global

Com for all low voltage cabling work.

i. Furnish and install or relocate DHS Option #1 drops as required for workstations and offices within the space. All drops shall include two (2) data and two (2) telephones.

j. Provide television connection, mount, and bracing in new office and use existing television from the office.

k. Provide and/or relocate CATV drops as required.

4. Mechanical:

a. The duct work/diffusers shall be relocated to allow for even air flow throughout the space.

The contractor shall account for the impact of a new wall/office construction. Contractor shall ensure each office and conference room has a supply and return source.

b. The contractor shall replace covers of existing diffusers to remain.

5. Paint and finishes:

a. Patch/repair and paint the existing walls, including the conference room, with the exception of the accent walls.

b. Apply one (1) primer coat and one (1) finish coat to all new and adjacent walls. The contractor shall provide proper preparations (i.e. sanding, roughing, etc.) to ensure proper adhesion of primer and finish coat.

c. Paint both sides of new wall partitions and existing walls.

d. Paint doors and door frames.

e. Paint doors, metal door frames and all radiators with white semi-gloss oil based paint.

f. Paint, trim, and detail all identified surfaces to DHS’s satisfaction with no evidence of over-brushing, over-spraying, or painting that intrudes noticeably to adjacent surfaces.

Standard/non accent colors specified below:

Walls: Duron SW7036 "Accessible Beige" Eggshell

Doors and Frames: Duron SW7102 “White Flour” Semi-gloss

Flooring:

Carpet (to match existing, surplus carpet may be available from previous project)

Tandus Centiva

Style-Aftermath II 03026

Color-Fleece 23508

Product #- 6298790029

Cove Base:

Johnsonite Vinyl Cove Base .080”

#63 – ‘Burnt Umber’

6. ACT:

a. Contractor shall provide a new ACT and grid where tiles appear damaged or discolored or when necessary to realign lighting and other ceiling fixtures such as fire/emergency signs, lighting, etc. for emergency egress.

7. Door Hardware:

a. The contractor shall provide new hardware and standard locking mechanism for the new doors. The contractor shall coordinate with the security officer of DHS/CSO to confirm lock type. The contractor shall confirm the type and location of the non-manual locks (i.e. card access, Triology, etc.) as required. When new hardware are provided, contractor shall key all locks to GSA’s master key.

8. Furniture:

a. The contractor shall be responsible for coordinating the purchase of the furniture indicated in attachment B. The contractor shall require the vendor to assemble and install new furniture and coordinate with the contractor and DHS data and telecom technical experts.

C.2.3. Other Details

1. Coordinate parking on its own or with the security office via the facility manager or with the contracting officer representative (COR).

2. Protect any existing finishes or items (i.e. furniture, flooring, walls, equipment, etc.) in the work area). The flooring contractor shall move furniture in place for carpet/flooring removal and installation in the event that new furniture is installed prior to the flooring installation.

3. Secure the construction site to prevent fumes or particles from entering adjacent spaces.

4. Provide DHS MSDS sheets and at least two (2) weeks advance notice prior to the start of painting.

5. Provide all materials, equipment, tools, transportation, permits and shop drawings (as required), work coordination, labor, qualified licensed supervision, and insurance necessary to successfully complete the project. The work shall be in full compliance with purchase order documents (SOW, floor plan, specifications, etc.), as well as current national codes, regulations, and trade standards applicable at the start of project.

6. Conduct an onsite inspection to verify field conditions, quantities, and measurements.

7. Perform a detailed investigation of the facility and existing site conditions and shall be responsible for discoverable issues and verifying information supplied by the Government.

8. Provide full-time, continuum of pro-active, comprehensive, project and construction management services to include but not limited to:

a. Reviewing the SOW and intent with the client.

b. Managing, hosting, and attending all required project meetings.

c. Providing meeting notes and distributing to the project team no later than 2 days after the meeting and provide action items and following up on all issues.

9. Coordinate the order, preparation, delivery, and installation of all equipment and materials indicated in the contractor’s quotation.

10. Provide and continuously update the project schedule.

11. Supervise work site.

12. Serve as the “competent person” as defined by OSHA for all jobsite hazards.

13. Provide progress reports.

14. Coordinate with manufacturers and sub-contractors/installers.

15. Communicate and coordinate in good faith with other contractors and stakeholders.

16. Ensure a successful project completion.

17. Maintain an administrative record (the Record) of all activities carried out under the purchase order. The Record shall include copies of all correspondence, meeting notes and key telephone conversations. The Record shall include all comments received from sources on all draft and final documents prepared. The Record shall be submitted to the COR upon project completion.

18. Form a team that will include key DHS associates and other project stakeholders.

19. Provide comprehensive services to discover, manage, and abate any environmental hazards that interfere with this project.

20. Infuse into the construction process best practices of building operation, sustainable principles and energy conservation measures.

Section D. Packaging and Marking

D.1. Marking

All information submitted to the Government, whether submitted electronically, through the postal system, or in person, shall clearly indicate the project title, purchase order number and the name of the contracting officer (CO) and the COR.

D.2. Payment of Postage and Fee

All postage and fees related to submitting information including forms, reports, submittals, etc.

to the CO or the COR shall be paid by the contractor.

Section E. Inspection and Acceptance

E.1. FAR Clause Incorporated by Reference

The following clause is incorporated by reference:

FAR 52.246-12 Inspection of Construction (AUG 1996)

E.2. Inspection

All work shall be completed in a workmanship like manner: plumb, flush, level, straight, true, perpendicular and parallel. All seams and trim work shall be straight, well defined and precise. All finishes shall be level 4 quality standards except where existing, previous finishes are in such poor condition that it would be economically infeasible to upgrade.

The COR will inspect all construction services at random intervals of the job process and will notify the

CO of his/her acceptance. The Government will review any required construction documents during the inspection phase.

Section F. Deliveries and Performance

F.1. FAR Clauses Incorporated in Full-Text

The following clauses are incorporated in full-text:

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

The contractor shall be required to (a) commence work within 1 calendar days after the date the contractor receives the notice to proceed (NTP), (b) prosecute the work diligently, and (c) complete the entire work not later than 90 calendar days after the date of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.2. FAR Clauses Incorporated by Reference

FAR 52.252-2 Clauses Incorporated by Reference:

The purchase order incorporates one or more clauses by reference, with the same force and effect as if it were given in full text. Upon request, the CO will provide the clauses’ full text. The full text of the clauses may be accessed electronically at these addresses: https://www.acquisition.gov/?q=browsefar and http://farsite.hill.af.mil/VFHSAR1.htm.

The following clauses are incorporated by reference:

FAR 52.242-14, Suspension of Work (APR 1984)

FAR 52.249-10, Default-Fixed-Price Construction (APR 1984)

F.3. Period of Performance

The contractor has ninety (90) days from the NTP to complete the work.

Substantially Complete: The work shall be deemed substantially complete if and only if the contractor has completed the work and related obligations in accordance with the purchase order documents, such that the Government may enjoy the intended access, occupancy, possession, and use of the entire work without impairment due to incomplete or deficient work, and without interference from the contractor's completion of remaining work or correction of deficiencies in completed work.

Project Completion: The work is complete if and only if the contractor has completed all work and related obligations, corrected all deficiencies, and all punch list items, and complied with all conditions for final payment.

https://www.acquisition.gov/?q=browsefar https://www.acquisition.gov/?q=browsefar http://farsite.hill.af.mil/VFHSAR1.htm http://farsite.hill.af.mil/VFHSAR1.htm

F.4. Place of Performance

The contractor shall perform work at the following location:

Regional Office Building (ROB)

OCPO Executive Suite

Room 3600

301 7th Street, SW

Washington, DC 20024

F.5. Work Hours

Work shall be accomplished during the normal business hours of 6:00 am to 5:00 pm Monday thru

Friday unless authorized in writing by the CO. Loud drilling shall occur after normal business hours from 5:00 pm to 6:00 am Monday thru Friday or on the weekends from 5:00 pm to 6:00 am Friday thru

Monday. The contractor shall provide advance notice to the CO and COR of days such work will occur.

F.6. Deliverables

The contractor shall request approval in advance of the format of paper and electronic submittals and deliverables from the COR. Submittals in the form of shop drawings, sketches, cut sheets, product data, and samples are required. Submittals will also be requested for coordination, layout, information, and approvals.

The contractors shall provide a schedule no later than five calendar days after award and provide an updated schedule at major project milestones. Prior to the construction kick off meeting the contractor shall submit:

i. Construction schedule for discussion

ii. Finish samples (i.e. paint, flooring, ceiling tile, etc.)

iii. Millwork shop drawings

vi. Appliance cut sheets

v. List of all on-site personnel, including sub-contractors and suppliers

DHS may request additional material submittals that are relevant to the project.

During construction the contractor shall provide advance notice to the COR regarding the delivery of materials, equipment and supplies and to provide DHS the opportunity to inspect these items before installation if DHS elects to do so.

F.6.1 Delivery of Materials

The contractor shall arrange the deliveries of materials in accordance with its construction schedule. The contractor shall coordinate deliveries with the COR to avoid conflict with work and conditions at the site. When the COR determines the deliveries will be disruptive, deliveries may be scheduled during the weekend hours. All deliveries must be scheduled with the COR a minimum of 72 hours in advance of the delivery.

F.7. Post Construction Deliverables

The contractor shall submit all service and installation literature shipped with product and materials, copies of actual invoices, packing slips, two copies of the original submittals, and warranty letters.

Section G. Contract Administration

G.1. Preconstruction Conference

A preconstruction conference will be held no later than fourteen (14) days after purchase order award.

The purpose of the preconstruction conference is to achieve a clear and mutual understanding of all requirements and identify and resolve potential problems.

G.2. Contracting Officer (CO)

The CO is the only person authorized to approve changes to the terms and conditions of the purchase order. In the event the contractor effects any changes at the direction of any person other than the CO, the changes will be considered unauthorized and no adjustment will be made in the purchase order price to cover any increase in costs incurred as a result thereof. The CO shall be the only individual authorized to modify any terms or conditions of the purchase order. The CO is the only individual who can legally obligate Government funds. No cost chargeable to the proposed purchase order can be incurred before receipt of a fully executed purchase order, which includes any subsequent purchase order modifications or other specific written authorization from the CO.

The CO is:

Evron Rollins

U.S. Department of Homeland Security (DHS)

Office of Procurement Operations (OPO)

Departmental Operations Acquisitions Division (DOAD)

245 Murray Lane, SW, #0115

Washington DC 20528-0115

E-mail: evron.rollins@hq.dhs.gov

G.3. Contracting Officer’s Representative (COR)

The CO will designate a COR to assist in monitoring the work under the purchase order. The COR is responsible for the technical administration of the purchase order and the technical liaison with the contractor. The COR is not authorized to change the scope of work or specifications as stated in the purchase order, to make any commitments or otherwise obligate the Government or authorize any changes which affect the purchase order price, delivery schedule, period of performance, or other terms and conditions.

G.4. Invoicing and Payment

Invoices shall be prepared in accordance to FAR clauses 52.232-5, Payments under Fixed-Price

Construction Contracts (MAY 2014), and 52.232-27, Prompt Payment for Construction Contracts (JAN

2017). In addition to invoice preparation as required by the FAR, the contractor’s invoice shall include the following information:

1. Name and address of the contractor.

2. Invoice date and invoice number.

RFQ HSHQDC-17-Q-00241 Amendment 000001 mailto:evron.rollins@hq.dhs.gov

3. Purchase order number and period of performance.

4. The associated contract line item number (CLIN) and service completed.

5. The current amount billed along with a cumulative amount billed to date and the remaining balance.

6. Name, title, phone number, and mailing address of the person to notify of an improper invoice.

The contractor shall submit the invoice electronically to MGTInvoiceConsolidation@ice.dhs.gov. An electronic copy of the invoice shall be sent to the CO and designated COR. After receipt of final payment, the contractor shall submit to the CO a completed Contractor's Release, DHS Form 700-3.

In accordance to FAR clause 52.222-8, Payrolls and Basic Records (MAY 2014), the contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the CO.

The contractor is required to submit payrolls for employees of the prime contractor and any subcontractors.

G.5. Progress Meetings

Contractor shall provide weekly updates and/or schedule meeting or teleconferences to discuss the project status with the COR.

mailto:MGTInvoiceConsolidation@ice.dhs.gov mailto:MGTInvoiceConsolidation@ice.dhs.gov

Section H. Special Contract Requirements

H.1. Davis Bacon Rates

FAR clause 52.222-6, Construction Wage Rate Requirements (MAY 2014) is incorporated into Section

I of this purchase order. Attachment C – General Wage Decision DC170002 dated 06/16/2017 for the

District of Columbia is incorporated into the RFQ.

If crafts or trades are required in the performance of this project for which no wage is listed in the

Department of Labor Wage Decision, the CO shall be notified in writing. No work in unlisted crafts or trades shall be permitted until a wage has been negotiated between the CO and the contractor. The negotiated wages are subject to the approval of the Department of Labor in accordance with FAR clause

52.222-6(c).

H.2. Security Access

Access to the campus and buildings is permitted only to cleared individuals. All contractor personnel must be US citizens or US persons as defined by ITAR and shall be cleared with the DHS Office of

Security, Physical Security Division and Visitor Management Office. All contract personnel working on this project are subject to a routine background checks and must be approved by DHS prior to commencement of work. The contractor shall contact the COR to obtain the Personnel Access Request form. The form shall be completed and submitted a minimum of 72 hours in advance prior to arrival.

The Government shall not be responsible for delays caused by security clearance procedures. The contractor’s project manager shall submit the completed form to the COR for processing. DHS will provide escorts when required. Additional security submittals may be required for individuals working in classified areas of the building. The component will provide and coordinate escort(s) during construction services.

Contractor personnel shall obtain a Personal Identity Verification (PIV) card from the Security Office prior to beginning work and must carry this ID at all times while working on this project. Each employee must show a valid driver’s license, birth certificate or company ID card to be issued an ID.

Personnel shall not stray from the immediate area of work or direct avenues of ingress and egress unless authorized in advance by the COR.

H.3. Applicable Codes and References

The following codes in its current versions and references apply to this project but are not limited to:

1. PBS P100 - Facility Standards for the Public Buildings Service, November 2010

2. PBS P3410.1D - Instructions to Contract Architect-Engineers

3. International Building code.

4. NEC

5. OSHA

6. ANSI

7. All local codes that have jurisdiction

The work shall be performed in accordance to all applicable codes and regulations.

H.4. Site Clean Up

The contractor shall keep the work areas, including storage areas, free from accumulations of waste materials on a daily basis and comply with all federal, state and local regulations pertaining to the storage, transport and disposal of wastes. Contractor shall not use Government waste disposal including garbage cans, trash piles or dumpsters, unless authorized by the COR. All waste materials and debris generated by any work performed on a Government installation shall be taken to a legal dump site at all times and shall be handled, transported, stored, and disposed of by the contractor and/or the contractor’s subcontractors in accordance with all applicable federal, state, and local laws and regulations.

The contractor shall provide barriers and signage during construction services. Dirt and mud that is outside the construction site shall be cleaned immediately. The site and surrounding landscaping shall be restored to preconstruction conditions or better. The contractor shall obtain advance approval from the

COR for materials and equipment stored at the site.

H.5. Sustainability

To the maximum extent practicable, the contractor shall acquire sustainable products and services that are, but not limited to, bio-based, environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives), non-ozone depleting, and made with recovered materials.

H.6. Safety and Health

(a) The contractor shall take all reasonable safety and health measures in performing work under the purchase order. The contractor is subject to all applicable federal, state and local laws, regulations, ordinances, codes and orders relating to safety and health. The contractor shall be familiar with and obey established fire, safety, environmental and security regulations.

(b) Further, the contractor shall take or cause to be taken such other safety and health measures as the

CO shall direct. To the extent that the contractor is entitled to an equitable adjustment under the terms and conditions of the purchase order such equitable adjustment shall be determined pursuant to the procedures of the change clause.

(c) The contractor shall immediately notify and promptly report to the CO and COR any accident or incident or exposure resulting in fatality, disabling occupational injury or occupational disease or contamination of property, or property loss arising out of work performed under the purchase order. The contractor shall investigate all work related incidents or accidents to persons and property to the extent necessary to conclude what cause or causes resulted in said accident or incident, and furnish the CO and

COR with a report, in such form as the CO may require, of the investigative findings, together with proposed and/or completed corrective actions.

(d) Hazardous Materials: If applicable, the contractor shall provide the Government with a list of all hazardous materials to be used in the performance of this project and ensure the Materials Safety Data

Sheets (MSDS) are available at the work site for all hazardous materials used. The contractor shall immediately contain and clean up the release or spill of a hazardous material and report the incident to the COR or the Environmental Technician.

(e) The CO may, from time to time, notify the contractor in writing of any noncompliance with the provisions of this clause and may specify corrective actions to be taken. The contractor shall, after receipt of such notice, immediately take corrective action. If the contractor fails or refuses to institute prompt corrective actions, the CO may invoke the provisions of the clause in the purchase order entitled

"Stop Work", or may invoke whatever other rights are available to the Government under the terms and conditions of the purchase order to remedy such failure or refusal to institute prompt corrective action.

(f) The COR shall have access to and the right to examine the sites or areas where work under the purchase order is performed to determine the adequacy of the contractor's safety and health measures.

H.7. Contractor Use of Premises

The contractor shall protect the existing surrounding equipment, personal belongings and property during the course of work. Any damages caused by the contractor shall be corrected at the contractor’s expense. The contractor shall be responsible for the repair of any damage incurred to the turf, landscaping, buildings, utilities or pavement as a result of his work at no additional cost to the

Government.

H.8. Government Rights

If applicable, all designs, drawings, specifications, notes and other works developed in the performance of this project shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the contractor. The Government shall be considered the

“person for whom the work was prepared” for the purpose of authorship in any copyrightable work under 17 U.S.C. 201(b). With respect thereto, the contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws. The contractor for a period of three (3) years after completion of the project agrees to furnish original or copies of all such works on the request of the CO.

H.9. Subcontractors

The contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the

CO and COR for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flow-down" purchase order clauses have been included in the purchase order in accordance with FAR clause 52.222-

11, Subcontracts (Labor Standards). Completing this form creates no contractual relationship between subcontractors and the Government.

H.10. Key Personnel, Personnel, Subcontractors, and Outside Associates/Consultants

Any key personnel, subcontractors and outside associates or consultants required by the contractor in connection with the services covered by the purchase order will be limited to individuals or firms that were specifically identified and agreed to. The contractor shall obtain the CO's and COR’s written consent before making any substitutions for these designated key personnel, subcontractors, associates, or consultants.

At the pre-construction conference (or prior to beginning work), the contractor shall provide a list of all on-site personnel, including sub-contractors and suppliers, to the CO and COR. The contractor shall update this list when changes occur. Contractor personnel not listed may be denied access to the

Government facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the Government facility. Contractor personnel shall have photo identification at all times while working in Government facilities.

H.11. Notice to the Government of Delays

In the event the contractor encounters difficulty in meeting the performance requirements, anticipates difficulty in complying with the purchase order delivery schedule or date, or has knowledge that any actual or potential situation that is delaying or threatens to delay the timely performance of the project, the contractor shall immediately notify the CO and the COR, in writing, ahead of time giving pertinent details.

Section I. Contract Clauses

I.1. Federal Acquisition Regulations (FAR) 52.252-2 Clauses Incorporated by Reference (FEB

1998)

This purchase order incorporates one or more clauses by reference, with the same force and effect as if it were given in full text. Upon request, the CO will provide the full text. The full text of a clause may be accessed electronically at http://acquisition.gov/comp/far/index.html.

FAR CLAUSES INCORPORATED BY REFERENCE

CLAUSE TITLE DATE

52.204-2 Security Requirements AUG 96

52.204-7 System for Award Management OCT 16

52.204-9 Personal Identity Verification of Contractor Personnel JAN 11

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 16

52.204-13 System for Award Management Maintenance OCT 16

52.204-16 Commercial and Government Entity Code Reporting JUL 16

52.204-17 Ownership or Control of Offeror JUL 16

52.204-18 Commercial and Government Entity Code Maintenance JUL 16

52.204-19 Incorporation by Reference of Representations and Certifications DEC 14

52.204-22 Alternative Line Item Quotation JAN 17

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment

OCT 15

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 15

52.211-5 Material Requirements AUG 00

52.211-10 Commencement, Prosecution, and Completion of Work APR 84

52.211-12 Liquidated Damages—Construction SEPT 00

52.211-13 Time Extensions SEPT 00

52.211-18 Variation in Estimated Quantity APR 84

52.219-28 Post-Award Small Business Program Representation JUL 13

52.222-3 Convict Labor JUN 03

52.222-6 Construction Wage Rate Requirements MAY 14

52.222-7 Withholding of Funds MAY 14

52.222-8 Payrolls & Basic Records MAY 14

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52.222-9 Apprentices And Trainees JUL 05

52.222-10 Compliance With Copeland Act Requirements FEB 88

52.222-11 Subcontracts (Labor Standards) MAY 14

52.222-12 Contract Termination—Debarment MAY 14

52.222-13 Compliance With Construction Wage Rate Requirements And Related Regulations MAY 14

52.222-14 Disputes Concerning Labor Standards FEB 88

52.222-15 Certification of Eligibility MAY 14

52.222-21 Prohibition of Segregated Facilities APR 15

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction

FEB 99

52.222-26 Equal Opportunity APR 15

52.222-27 Affirmative Action Compliance Requirements for Construction APR 15

52.222-33 Notice of Requirement for Project Labor Agreement MAY 10

52.222-34 Project Labor Agreement MAY 10

52.222-50 Combating Trafficking in Persons MAR 15

52.222-55 Minimum Wages Under Executive Order 13658 DEC 15

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 17

52.223-2 Affirmative Procurement of Bio based Products Under Service and Construction

Contracts

SEPT 13

52.223-3 Hazardous Material Identification and Material Safety Data

Alternate I

JAN 97

JUL 95

52.223-4 Recovered Material Certification MAY 08

52.223-5 Pollution Prevention and Right-to-Know Information MAY 11

52.223-6 Drug-Free Workplace MAY 01

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts

MAY 08

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 11

52.223-19 Compliance with Environmental Management Systems MAY 11

52.224-1 Privacy Act Notification APR 84

52.224-2 Privacy Act APR 84

52.225-13 Restrictions on Certain Foreign Purchases JUN 08

52.227-1 Authorization and Consent DEC 07

52.227-2 Notice and Assistance Regarding Patent and Copyright DEC 07

52.227-4 Patent Indemnity—Construction Contracts DEC 07

52.228-2 Additional Bond Security OCT 97

52.228-5 Insurance - Work on a Government Installation JAN 97

52.228-11 Pledges of Assets JAN 12

52.228-12 Prospective Subcontractor Requests for Bonds MAY 14

52.228-13 Alternative Payment Protections JUL 00

52.228-14 Irrevocable Letter of Credit NOV 14

52.232-5 Payments Under Fixed Price Construction Contracts MAY 14

52.232-23 Assignment of Claims MAY 14

52.232-27 Prompt Payment for Construction Contracts JAN 17

52.232-33 Payment by Electronic Funds Transfer – System for Award Management JUL 13

52.232-39 Unenforceability of Unauthorized Obligations JUN 13

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 13

52.233-1 Disputes MAY 14

Alternate I DEC 91

52.233-3 Protest after Award AUG 96

52.233-4 Applicable Law for Breach of Contract Claim OCT 04

52.236-2 Differing Site Conditions APR 84

52.236-3 Site Investigations and Conditions Affecting the Work APR 84

52.236-5 Material and Workmanship APR 84

52.236-6 Superintendence by the Contractor APR 84

52.236-7 Permits and Responsibilities NOV 91

52.236-8 Other Contracts APR 84

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements APR 84

52.236-10 Operations and Storage Areas APR 84

52.236-12 Cleaning Up APR 84

52.236-13 Accident Prevention

Alternate I

NOV 91

NOV 91

52.236-14 Availability and Use of Utility Services APR 84

52.236-17 Layout of Work APR 84

52.236-21 Specifications and Drawings for Construction FEB 97

52.236-27 Site Visit (Construction) FEB 95

52.242-14 Suspension of Work APR 84

52.243-5 Changes and Changed Conditions APR 84

52.244-6 Subcontracts for Commercial Items JAN 17

52.246-12 Inspection of Construction AUG 96

52.246-13 Inspection—Dismantling, Demolition, or Removal of Improvements AUG 96

52.246-21 Warranty of Construction MAR 94

52.248-3 Value Engineering—Construction OCT 15

52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 12

Alternate I SEP 96

52.249-10 Default (Fixed-Price Construction) APR 84

52.253-1 Computer Generated Forms JAN 91

I.2. Homeland Security Acquisition Regulation (HSAR) Clauses Incorporated by Reference

(FEB 1998)

HSAR Clauses Incorporated by Reference

CLAUSE TITLE DATE

3052.215-70 Key Personnel or Facilities DEC 2003

3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work DEC 2003

3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility DEC 2003

3052.223-70 Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits JUN 2006

3052.228-70 Insurance DEC 2003

3052.242-72 Contracting Officer's Technical Representative DEC 2003

I.3. FAR Clauses Incorporated by Full Text

FAR 52.222-5 Construction Wage Rate Requirements - Secondary Site of the Work (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage

Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

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(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

(End of provision)

FAR 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

“Construction material” means an article, material, or supply brought to the construction site by the

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

“Cost of components” means—

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

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

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(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: none.

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

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

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

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

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

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the

Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the

Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting

Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

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

[Include other applicable supporting information.]

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

FAR 52.225-10 Notice of Buy American Requirement—Construction Materials (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—Construction Materials” (Federal Acquisition

Regulation (FAR) clause 52.225-9).

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(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request.