JOC FY25-30 - DRAFT SOW SSN Posting 12 DEC 2024.pdf
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- Job Order Contract
- Solicitation number
- JOCW25G1Q
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This is a draft Statement of Work (SOW) for a Job Order Contract (JOC) at Letterkenny Army Depot covering FY26-FY30 for maintenance, repair, and construction requirements. The contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) with one base year and four 12-month option years.
The contractor must provide all personnel, equipment, tools, materials, supervision and services for facility design, construction, renovation, maintenance, repair, demolition, interior/exterior utility systems, and grounds improvements. Individual delivery orders will range from $2,000 to $3,000,000. Work will predominantly involve military real property including administrative, storage, and production buildings. Key requirements include: providing a full-time on-site superintendent and quality control manager; following DoD building codes and Unified Facilities Guide Specifications; submitting detailed proposals based on Unit Price Book line items; completing projects within specified timeframes (4-12 months depending on dollar value); providing warranty coverage; and complying with security, safety and environmental requirements at Letterkenny Army Depot. Pricing shall be based on RSMeans Construction Cost Data with locality adjustment for Chambersburg, PA and the contractor's coefficient factor.
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PROPOSED DRAFT
SECTION C – STATEMENT OF WORK (SOW)
FOR
MAINTENANCE/REPAIR/CONSTRUCTION REQUIREMENTS CONTRACT
FOR FY26 THRU FY30
C.1. GENERAL
C.1.1. Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control and other items and non-personal services necessary to perform maintenance, repair, and construction of infrastructure, facilities, and interior/exterior utility systems under an Indefinite Delivery Indefinite Quantity (IDIQ) Job Order Contract (JOC) as defined in this Statement of Work. The contractor shall perform to the standards in this contract.
C.1.2. Background: The contractor shall perform facility design, construction, renovation, maintenance and repair, demolition, interior and exterior utility systems, grounds improvements, pavements, and other features under Construction or Design/Construct (Design/Build) negotiated Firm-Fixed-Price Delivery Orders (DO). For purposes of this solicitation, the term Design/Construct and Design/Build are understood to be interchangeable and one and the same. DOs may include maintenance, repair, or alteration of existing facilities and utility systems, construction of new facilities, installation of utility systems, facility support to the installation of new equipment, and any other work covered by the Unified Facilities Guide Specifications (UFGS). Individual DOs may range in value from $2,000.00 to $3,000,000.00 and may include any combination of the types of work characterized above. Proposal pricing shall be based on line items and prices from the Unit Price Book (UPB) and the terms of this contract.
C.1.3. Period of Performance (PoP): The period of performance shall be one base year consisting of 12 months, and four 12-month option years. Period of Performance is shown in the solicitation and contract.
C.1.4. General Information:
C.1.4.1. The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) (defect rate(s)).
C.1.4.2. Recognized Holidays: The Contractor shall not perform services on the following recognized US holidays:
• New Year’s Day: January 1
• Martin Luther King, Jr.’s Birthday: Third Monday in January
• Washington’s Birthday: Third Monday in February
• Memorial Day: Last Monday in May
• Juneteenth: June 19
DRAFT
JOC FY26-30 - DRAFT SOW SSN Posting 12 DEc 2024
• Independence Day: July 4
• Labor Day: First Monday in September
• Columbus Day: Second Monday in October
• Veteran’s Day: November 11
• Thanksgiving Day: Fourth Thursday in November
• Christmas Day: December 25
C.1.4.3. Place and Performance of Services: The contractor shall provide services between the normal working hours of 6:00 a.m. and 3:30 p.m. Monday through Friday, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. Performance shall be at facilities occupied by Letterkenny Army Depot and its tenant organizations. The contractor shall, at all times, maintain an adequate work force for the uninterrupted performance of all tasks defined within this SOW when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.
C.1.4.4. Security Requirements: Contractor and all associated sub-contractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes. A DD Form 254, DoD Contract Security Classification Specification, is required.
C.1.4.4.1. Physical Security: The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.
C.1.4.4.2. Key Control: The contractor shall establish and implement methods of ensuring all keys/key cards issued by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued by the Government shall be duplicated. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall immediately report any occurrences of lost or duplicated keys/key cards to the COR.
C.1.4.4.2.1. In the event keys, other than master keys, are lost or duplicated the contractor shall, upon direction by the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the contractor.
C.1.4.4.2.2. The contactor shall prohibit the use of the Government issued keys/key cards by any persons other than the contractor’s employees. The contractor shall prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contactor employees engaged in the performance of services in those areas, or personnel authorized entrance by the KO.
C.1.4.4.3. AT Level 1 Awareness Training: All contractor employees, to included subcontractor employees, requiring access to Army Installations, facilities, and controlled access areas shall complete AT Level 1 awareness training within 30 calendar days after contract start date and within 30 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the KO, if a COR is not assigned, within 15 calendar days after completion of training. AT level 1 awareness training is available on the Letterkenny Army Depot homepage – www.lead.army.mil.
C.1.4.4.4. iWATCH Training: The contractor and all associated sub-contractors with an area of performance within an Army-controlled installation, facilities or area shall brief all employees on the local iWATCH program. This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR or KO. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance. The contractor shall report completion for each affected contractor employee and subcontractor employee, to the COR or to the KO, if a COR is not assigned, within 15 calendar days after completion of training. iWATCH training is available on the Letterkenny Army Depot homepage – www.lead.army.mil.
C.1.4.4.5. OPSEC Level I Training: All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the KO (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the OPSEC Officer in presentation form which will be documented via memorandum."
C.1.4.4.6. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. In non-classified areas or restricted access areas the contractor shall provide escorting for sub-contractors as required to complete the project.
C.1.4.5. Conservation of Utilities: The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.
C.1.4.6. Interruption of Utilities: Any work involving interruption of utilities shall be coordinated with the Government’s construction representative. Such work may be required to be performed during other than normal duty hours for the using activities. If non-standard hours are specified in the scope of work, the Contractor will be required to establish a normal work shift within the hours indicated, subject to the approval of the KO. Requests for utility outages shall be made in
DRAFT
http://www.lead.army.mil/ http://www.lead.army.mil/ writing at a minimum of 14 calendar days in advance or otherwise specified by the government based on the specific project requirements.
C.1.4.7. Special Qualifications: The contractor shall ensure all employees possess all required licenses for operating construction equipment used in the performance of this contract. The Government does not provide training to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified and qualified for the position in which they will be serving. The government may at any time request copies of the contractors training certifications, licenses, and qualifications.
C.1.4.8. Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall resolve outstanding issues raised by the Government.
Contractor attendance at these meetings shall be at no additional cost to the Government.
C.1.4.9. Contract Manager (CM): The contactor shall provide a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.
C.1.4.10. Identification of Contractor Employees: All contractor personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The contractor shall also ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed.
C.1.4.10.1. Identification Badges: Identification badges will be issued for admittance of personnel before performing work on this contract. The identification badge is the property of the U.S. Government and must be returned upon termination or demand. The Contractor shall ensure all badges issued to employees are returned to the Directorate of Risk Management, Letterkenny Army Depot, promptly on termination of need for access or on expiration, whichever occurs first. To be permitted access to LEAD, personnel must pass a National Criminal Information Center (NCIC) background check. Persons not passing the background check will not be permitted access to the installation for any purpose.
C.1.4.10.2. The contractor shall report to the badge room located at Letterkenny Army Depot, Building #2 during its normal operating hours. If Contractor's hours of work are different than those stated above, the Contractor will be required to obtain badges when the Badge Room is open.
C.1.4.11. Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.
C.1.4.12. Brand Names: Where a brand name of product is mentioned in a scope of work for a delivery order, it is intended to communicate a level of quality, without favor to a particular manufacturer, and “or equal” is implied. Where “or equal” is implied or expressed, it shall mean “or approved equal” and the product, component, or proposed solution shall be subject to submission to and approval by the Government.
C.1.4.13. For each delivery order to be accomplished under this contract, the Statement of Work and any drawings or sketches shall be furnished to the Contractor by the Government without charge. These documents shall be incorporated into the order and will constitute the technical requirements for the work.
C.1.4.14. Privatized Utilities: The contractor shall be responsible for the coordination and communication with all private utility companies to complete each specified project. The contractor shall comply with all private utility standards and construction requirements.
Contractor shall be responsible for obtaining and maintaining all utility permits and/or agreements with each utility provider and pay all fees as required for each project. See FAR 52.236-7.
C.2. DEFINITIONS AND ACRONYMS
C.2.1. Definitions baseline work – The work required in a scope of work for a delivery order that the Government wants done, not optional.
contractor – A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.
contracting officer (KO) – A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.
contracting officer's representative (COR) – An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
defective service – A service output that does not meet the standard of performance associated with the Performance Work Statement.
deliverable – Anything that can be physically delivered and includes non- manufactured things such as meeting minutes or reports.
direct cost – a price that can be directly tied to the production of the work requested under a DO. Direct costs include the cost types of material, labor, and equipment, with the installing contractor’s overhead and profit. Direct costs exclude the categories of costs required by this Contract to be included in the prime contractor’s coefficient. The price for direct costs shall be taken from the UPB or an alternate source, as allowed by this Contract, and shall be listed as line-items on the line-item quote in the Proposal.
key personnel – Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the SOW. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
non-means priced (NMP) – An item of work in which an RSMeans line-item cannot be found to reasonably represent that item of work. A non-prepriced item.
non-prepriced item – Items of work that are not covered in the UPB but are within the scope and general intent of the contract, which shall be negotiated by the KO or his designated representative.
one-line design – a simple drawing(s) with enough detail to communicate the overall concept presented, but lacking the full detail required to execute a project, which serves as a basis for full design services.
option – work described in a scope of work for a delivery order in which the Government is contemplating. Options may or may not be awarded at the discretion of the Government. If the Government decides to award an option, it will be explicitly and formally awarded and be made part of the delivery order, either as an addition to or deduction from the price for the baseline work.
physical security – Actions that prevent the loss or damage of Government property.
price quotation – the forms and reports included in a Proposal for a Delivery Order (DO) that contain the total quoted price (TQP) and list the direct costs of the work under the DO as line-items.
prime contractor’s coefficient – The coefficient factor to be multiplied times the unit prices for line-items selected for the proposal for a delivery order, as established by the contract for a specific CLIN.
prepriced items (PPI) – Any unit cost or assembly cost item from the UPB, except for those line-items which represent an item that is to be included in the prime contractor’s coefficient.
quality assurance – The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
quality assurance surveillance plan (QASP) – An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.
quality control – All necessary measures taken by the Contractor to assure that the quality of an end-product or service shall meet contract requirements.
subcontractor – One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.
total quoted price (TQP) – the total firm-fixed-price offered by the Contractor to the Government to perform the work requested in the Scope of Work (SOW) for a Delivery Order (DO) under this Contract. The TQP shall contain the direct costs, any factors (such as the locality adjustment), and fees (such as prime contractor’s coefficient), and shall represent the total cost to the Government to have the work performed under the DO.
unit price book (UPB) – For the purposes of this Contract, the cost data set adopted by Letterkenny Army Depot, Directorate of Public Works, Engineering & Planning Division and the KO. The UPB shall be the most current version of RSMeans Construction Cost Data at the time of the Request for Proposal (RFP), and any custom line-items with associated pricing approved by the Government and added to the UPB.
work breakdown structure (WBS) – a common construction estimating concept which is a deliverable-oriented decomposition of a full project in smaller components in a logical sequence to accomplish the full project. These packages of tasks have subtotals, whose sum of subtotals equal the total cost of the project.
workday – The number of hours per day the Contractor provides services in accordance with the contract.
work week – Monday through Friday, unless specified otherwise.
2.2 Acronyms:
ACM – Asbestos containing material(s)
AFARS – Army Federal Acquisition Regulation Supplement AR Army Regulation
AR – Army Regulation
CFR – Code of Federal Regulations
CLIN – Contract Line Item Number
CONUS – Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative
COR – Contracting Officer’s Representative
COTS – Commercial-Off-the-Shelf
DA – Department of the Army
DD250 – Department of Defense Form 250 (Receiving Report)
DD254 – Department of Defense Contract Security Requirement List
DFARS – Defense Federal Acquisition Regulation Supplement
DOD – Department of Defense
DPW – Directorate of Public Works (at Letterkenny Army Depot)
FAR – Federal Acquisition Regulation
HQDA – Headquarters, Department of the Army
IDIQ – Indefinite Delivery, Indefinite Quantity
KO – Contracting Officer
LEAD – Letterkenny Army Depot
OCI – Organizational Conflict of Interest
ODC – Other Direct Costs
PIPO – Phase In / Phase Out
POC – Point of Contact
PRS – Performance Requirements Summary
PWS – Performance Work Statement
RFP – Request for Proposal for the delivery order
SOW – Statement of Work
QA – Quality Assurance
QAP – Quality Assurance Program
QASP – Quality Assurance Surveillance Plan
QC – Quality Control
QCP – Quality Control Program
TE – Technical Exhibit
UFC – Unified Facilities Criteria
USACE – United States Army Corps of Engineers
UPB – Unit Price Book
WBS – Work Breakdown Structure (referring to the construction estimating concept)
C.3. GOVERNMENT FURNISHED PROPERTY, MATERIAL, EQUIPMENT AND SERVICES
(GFP/M/E/S)
Items of property that will be furnished by the Government will be specifically identified in the individual requirements for work to be issued under this contract.
C.3.1. Utilities: All utilities in the facility will be available for the contactor’s use in the performance of this contract.
C.3.2. Restrooms: Use of Government restrooms by the contractor and trades may be available in certain circumstances with the Government’s permission only, coordinated by the COR. The scope of work for each delivery order shall specify the restroom policy for the project. The contractor shall provide a portable restroom by default, and the portable restroom requirement may be waived for particular projects, on a case-by-case basis.
C.4. CONTRACTOR FURNISHED PROPERTY, MATERIALS, EQUIPMENT (CFP/M/E):
C.4.1. General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish all property, materials, equipment, and other facilities required to perform these services as indicated in Paragraph 1.1.
C.5. REQUIREMENTS
C.5.1. Delivery Orders: Negotiated Firm-Fixed-Priced Construction or Design/Construction DOs will be awarded against the contract. The objective is to provide the Government with a cost-effective means to provide response to requirements for design, construction, repair and maintenance, or demolition of real property and related facilities. The DOs may include within them the requirement to develop or assemble O&M Manuals; and, for design/construct task orders, the requirement to prepare detailed specifications and drawings. See FAR 52.236-21.
C.5.2. Nature of Work: Work will predominantly be associated with military real property.
Facilities may include all types of industrial facilities including administrative, storage, or production buildings, but may include small projects requiring work in military family housing units. The requirements for the nature and categories of work to be performed under this contract include but are not limited to those covered by Divisions 01 through 48 of the Unified Facilities Guide Specifications (UFGS). Examples may include site clearing, earthwork, site drainage and utilities, roads and walks, cast in place concrete, brick masonry, block and tile masonry, building renovation, new construction, lead paint removal, work on and around asbestos containing materials (ACM), structural steel, steel joists and decking, rough carpentry, finish carpentry, built in cabinetry and furniture, roofing and siding, sheet-metal work, doors, windows and glazing, window coverings, entrances and store fronts, lath and plaster, drywall, painting and wall coverings, floor tile and carpeting, a variety of mechanical/electrical work, fire extinguishing systems, fire alarm systems, intrusion detection systems, heating and air conditioning, ventilating equipment and systems, ducts and controls, boxes and wiring devices, starters, breaker panels, switching devices and transformers, lighting, primary and secondary power systems, etc.
C.5.3. Design-Build: For those DOs that require Design-Build services and where specified, the contractor shall be required to provide a design that is certified by a Professional Engineer (PE) having held a license and certified designs for the last five (5) years. The approved designs will then be the basis for performing the construction portion of the design/build. The cost associated with the "design" will be negotiated as part of the DO’s total price. To establish the DO’s total price, the contractor shall work with the government to develop a scope of work
(SOW). The contractor shall provide a preliminary, conceptual one-line design meeting customer requirements with the Proposal. The one-line design shall be submitted by the contractor with assumptions and clarifications along with the contractor’s cost proposal as to what will or will not be provided. After government and customer review of the contractor proposal and design, negotiations will follow as needed to correct any design issues or cost.
C.5.4. Standards: Work performed by the contractor shall in general conform to the technical requirements of the Unified Facilities Criteria (UFC) and the Unified Facilities Guide Specifications (UFGS) or shall conform to applicable commercial standards and practices as specified for each individual delivery order. If the contractor is required to prepare detailed specifications for Government review and approval, such specifications shall be formatted based on the UFGS. Depending on the type of work to be performed, the Government may, at its option, unilaterally direct the use of Commercial specifications in lieu of using UFGS. The use of Commercial specifications is at the sole discretion of the Government and is not subject to dispute by the contractor.
C.5.5.
C.5.6. Temporary Heat and Cooling
C.5.6.1. Each Contractor whose work requires temporary heat shall provide such heat as is necessary to prevent injury to work or material through dampness or cold. Heat shall be maintained as required for the installations of all items as specified in the specifications, as required for scheduled progress, and for good workmanship. Temporary heat equipment must be approved by the Letterkenny Safety and Fire Offices prior to use.
C.5.6.2. The use of open salamanders or any other type of heating which may smoke and damage the finish in the building will not be allowed.
C.5.6.3. Temporary heat and cooling for the benefit of the Government, if any, shall be specified in scope of work for each delivery order.
C.5.7. Jobsite Management: The contractor shall provide all management, supervision, quality control and safety oversight required to accomplish work under this contract. Work associated with the DOs may run consecutively or concurrently. The contractor is required to provide the proper planning, scheduling, material procurement, and simultaneous management of multiple work crews at various locations. The contractor must execute a flow of independent delivery orders and adjust his craft mix without impacting other contractors or tenant operations. The contractor shall effectively manage his subcontractors to ensure that the government is provided a "seamless" level of effort on each DO. The contractor shall provide a minimum of one full time on-site superintendent and one full-time on-site quality control (QC) manager for the duration of this contract. Additional superintendents and quality control managers shall be added as required to maintain a consistent level of control over the projects. The contractor shall identify the superintendent and QC manager for each job in writing with the delivery order approval to the KO and COR to establish the points of contact for each job.
C.5.7.1. Receipt of deliveries: The contractor shall provide the means, manpower and equipment to accept and unload all materials delivered to the sites for work under this contract.
The government will not accept deliveries, nor will government equipment and manpower be used for material handling. The contractor shall not direct the delivery of materials for delivery orders to LEAD’s Shipping and Receiving Facility(s).
C.5.7.2. Trash hauling: Trucks leaving the site with loose debris shall be loaded in a manner that will prevent dropping of materials on streets. Fasten suitable tarpaulins over the load before they enter surrounding streets. Comply with all regulations when handling hazardous materials.
The contractor shall comply with all Letterkenny Army Depot Environmental Division requirements for the removal and disposal of construction waste and hazardous materials.
C.5.7.3. Jobsite trailers: The contractor may, at his option, provide on-site trailer(s) for its own use as administrative offices and for storage of materials. The contractor shall be responsible for arranging utility and telecommunications services with the local utility providers, and services shall be provided and maintained at the contractor’s expense. Government office and storage space will not be available.
C.5.8. Regulatory Compliance: All work shall be performed in compliance with the most current Federal, State and local regulatory requirements and/or permitting requirements.
C.5.8.1. Permits: The contractor will be required to obtain all required applications and permits.
Copies of any permits obtained shall be submitted to the Government during the mobilization phase of the project.
C.5.8.2. Manifests: The Contractor shall properly manifest the transport of any regulated material. Complete, legible copies of manifests shall be submitted to the Government promptly.
C.5.8.3.
C.5.9. Pricing of the Work: The work shall be priced using prepriced items from the Unit Price Book (UPB) and non-prepriced items according to the terms of this contract. The price shall include bare costs, installing contractor’s overhead and profit, a locality adjustment if bare costs represent national average costs, and the prime contractor’s coefficient, and these figures shall be clearly listed on the proposal’s price quotation report.
C.5.9.1. RSMeans Data options: The following RSMeans Construction Cost Data options shall be utilized:
(1) Line-items for prepriced items may be selected from any of the RSMeans data sets available and applicable to the subject of the delivery order.
(2) The labor type shall be “Repair and Remodeling” when available for a selected line-item.
If a line-item is selected from a data set that does not offer pricing with “Repair and Remodeling” labor rate tables, then the “Standard Union” labor rates shall be used.
Other labor rates or custom labor rates will not be accepted for prepriced items.
(3) The locality adjustment shall be calculated using the City Cost Index for Chambersburg, Pennsylvania, 17201.
C.5.9.2. Bare costs shall represent the material, labor, equipment to accomplish an item of work, without markups for profit or labor burden. Bare costs shall be clearly listed on the proposal’s price quotation report.
C.5.9.3. Unit costs with overhead and profit shall be the bare cost of the item plus the accepted overhead and profit of the installing contractor. For prepriced items, the accepted overhead and profit shall be that listed in the UPB. The unit cost with overhead and profit shall not include prime contractor’s overhead and profit, which shall be included in the prime contractor’s coefficient.
C.5.9.4. Prepriced items: Prepriced items shall be taken directly from the current version of the UPB, with no modification to bare costs or the installing contractor’s overhead and profit listed in the UPB.
C.5.9.5. Non-prepriced items: Non-Means Priced (NMP) items may be incorporated into and made part of the proposal for the delivery order when line-items from the UPB cannot be found to reasonably represent the item of work. Using a non-prepriced item when a prepriced item from the UPB exists is prohibited. Justification for an NMP may be achieved by the following:
C.5.9.5.1. Competitive Quotes: The contractor may submit line items based on competitive pricing from at least three subcontractors or suppliers. Copies of the quotes must be submitted with the proposal to support these NMP items. Competitive quotes must portray the costs of materials, labor, equipment, and installing contractor’s overhead and profit to the Government’s satisfaction to serve as justification.
C.5.9.5.2. Estimating Guides: An alternate independent estimating guide may be cited to support the offered price of an NMP item. Alternate independent estimating guides include but are not limited to Engineering News Record (ENR) cost data, BNi Building News cost data, and the USACE PAX Newsletter. Recognition and acceptance of an estimating guide is at the discretion of the Government. When an estimating guide is used for an offered price, at least one estimating guide source must be cited along with the contractor’s trade’s quote for the item and the two must reasonably reconcile. One or more citations from an estimating guide(s) along with the trade’s quote shall serve as justification of the price offered.
C.5.9.5.3. Market Research: The Government may, at its discretion, do its own market research to justify prices offered. Prices offered that the Government cannot justify will be rejected.
C.5.9.6. Quantities: Line-item quantities shall reasonably represent the actual goods and services that will be provided on the delivery order. Manipulation of quantity to arrive at a desired total cost for a line-item shall be prohibited. Reasonable waste factors and minimum order factors are acceptable.
C.5.9.7. Prime Contractor’s Coefficient: All components of price shall be included in the Offeror's coefficient price as no allowance for an omitted cost will be made later. An itemized listing of the coefficient component costs with the calculations used to arrive at the coefficient unit price shall be included in the proposal for this IDIQ contract. The prime contractor’s coefficient shall be all inclusive and shall include, but not be limited to, the following items.
These items are not permitted to be included in the line-items in a proposal for a delivery order:
(1) Prime contractor’s markups
(2) Prime contractor’s performance costs
(3) Any contract requirement of the prime contractor, such as bonding.
(4) Insurance
(5) Depreciation of contractor’s assets
(6) Interest associated with contractor’s procurement of capital.
(7) Employee payroll taxes, insurance, and fringe benefits
(8) Business taxes, contributions, memberships, and corporate headquarters support
(9) Local office and field office, including rental, utilities, and custodial services.
(10) Office equipment and supplies
(11) Purchase or licensing of commercial codes, standards, and other reference material
(12) Vehicle expense and insurance
(13) Employee phones and service plans
(14) Safety and compliance with environmental laws
(15) Project management and supervision
(16) Quality control
(17) Submittal and report preparation
(18) Preliminary one-line design concept plan to accompany Proposal. Full design consultant’s service fee may be charged to the project as a direct cost line-item if the SOW for the DO requires professional design services.
(19) As-built drawings
(20) Copying and reprographic expenses
(21) Contingencies
(22) Mobilization and close-out for the total contract and each delivery order.
(23) Access for contractor and commercial vehicles through the main gate only.
(24) Daily and final clean-up to include dumpsters.
(25) Portable restrooms
(26) General permits, licenses, and fees (not delivery order specific)
(27) Purchasing and installing equipment warranty identification tags
(28) Any other expense considered to be a general business operating expense, not a direct cost of a delivery order.
The Offeror's coefficient factors must contain all costs associated with performing the tasks other than direct labor, material, sales tax, and equipment costs.
C.5.10. Proposal Contents and Format: The Contractor’s Proposal shall be firm fixed price, detailed and explicit, an include supporting data in enough detail to permit appropriate review, analysis, and justification. The contractor must procure and maintain an estimating system capable of efficiently producing price quotations for proposals according to the Government’s requirements. The Proposal shall include the following elements as illustrated by the example in Technical Exhibit {n}.
C.5.10.1. The total price offered for the baseline work, followed by a detailed line-item quote for the baseline work.
C.5.10.2. The total price offered for each option, stated separately, followed by detailed line-item quote(s) for each option.
C.5.10.3. Cost type designation – The Proposal shall demonstrate the cost type(s) included in each line-item. Cost types are material, labor, equipment, and other. Lump sum unit costs with the cost type(s) undesignated cannot be evaluated and will not be accepted.
C.5.10.4. It shall be indicated on each line-item whether the task will be subcontracted or self-performed by the prime contractor.
C.5.10.5. Installing Contractor’s overhead and profit – The line-items in the Proposal shall also indicate whether the line-items include installing Contractor’s overhead and profit.
C.5.10.6. Prepriced and non-prepriced line-item designation on each line-item. Support for NMP items must accompany the price quotation report in the Proposal package.
C.5.10.7. The application of the locality factor.
C.5.10.8. The application of the contractor’s coefficient.
C.5.10.9. Rounding – Monetary figures within line-items, subtotals of line-items, and totals of line-items shall be rounded to the nearest cent on line-item reports. Monetary figures on summary sheets and the total quoted price shall be rounded to the nearest whole dollar. When the decimal fraction is 0.50 and above, it shall be rounded up to the next higher whole number.
When the decimal fraction is less than 0.50, it shall be rounded down the next lower whole number.
C.5.10.10. The price quotation report shall contain a summary sheet stating all pertinent information to identify the project, a summary of subtotals, the calculation of factors and fees applied to the UPB / NMP totals, and the total quoted price.
C.5.10.11. The price quotation report shall contain a summary by MasterFormat Divisions.
C.5.10.12. The Government may, at its discretion, require the price quotation to be prepared and presented in a specified work breakdown structure (WBS), which shall be specified in the scope of work for the delivery order. This WBS will be a logical breakdown of a full project into smaller packages of tasks. The WBS may be a distinct from the MasterFormat Divisions. The price quotation report in the proposal must follow the specified WBS to be accepted.
C.5.10.13. A narrative statement(s) presenting a general explanation of what has been included in the Proposal so that the Government can evaluate and justify the items included in the Proposal. The narrative shall include Contractor’s assumptions, observations, and recommendations being offered. The narrative shall serve as the basis of design for the Contractor’s design to be submitted upon award but shall not supersede or replace this Scope of Work.
C.5.10.14. The Contractor shall provide a preliminary, conceptual one-line design drawing with the Proposal, supporting the price(s) presented in the Proposal, for DOs requiring professional design services under design-build project delivery. Once the DO is awarded, the Contractor shall use the negotiated and agreed-upon one-line design concept to develop the full, detailed design for the work under the DO.
C.5.11. Role of the COR: The Contractor's management/supervision shall interface with the KO and/or the KO’s designee. The COR is responsible for the day-to-day Government/Contractor liaison, submittal review/approval, phased inspections, coordination with the tenants or building occupants, payment requests approval, off duty hours of work approval, and other duties of the field representative.
C.5.11.1. All work shall be accomplished within full compliance to all applicable Federal, State, and Local safety regulations. Where there are two interpretations or conflicts, the more stringent standard will apply.
C.5.12. DO Site Visit: Depending on the scope of the order, site visit(s) may be required prior to issuance of a Request for Proposal (RFP) or after the RFP but prior to submission of a proposal. Site visits may be performed to further define and/or clarify the order requirements and/or allow more accurate proposal preparation.
C.5.13. Award: Upon receipt of a Government executed DO, the Contractor shall:
C.5.13.1. incorporate the DO into the work schedule. Coordinate the start of work with the COR via attendance at a pre-construction conference prior to the actual commencement of work.
C.5.13.2. cite the contract number and DO number on all correspondence; and all proposals, schedules, vouchers, etc., must cite this same information as it is the Government's tracking mechanism.
C.5.13.3. In performance of work under this contract, the contractor shall arrange with the COR a sequence of procedures, means of access, space for storage of materials and equipment, delivery of materials, use of approaches, corridors, and stairways for each individual project.
Only materials to be used for work under the specific project may be stored at the assigned area.
C.5.14. Modifications to DOs: After award of the DO, requests for modifications shall be issued as warranted. Such requests shall be issued in accordance with the applicable FAR requirements. Proposals submitted in response to this paragraph shall be evaluated, negotiated, and issued in the same process/procedures as proposals submitted for orders.
C.5.15. Work Schedules:
C.5.15.1. Scheduling Procedures: Work schedules for individual delivery orders shall be prepared and submitted for approval. A planned work schedule shall be submitted upon award of the delivery order. Each task shall be summarized by description, placed on the schedule with dependencies to other tasks, and shall have the start and end date. The critical path for the schedule should be determined and discussed with the COR. Government furnished property, material, equipment, and services (if any) shall be incorporated into the contractor’s schedule for the delivery order. The report format shall be as required by the Government and at a minimum shall be a list of tasks with key dates. On some delivery orders, the report requirement may include Gantt or PERT chart. The contractor shall procure, maintain, and utilize a computer-based scheduling system to coordinate the work under this contract.
C.5.15.2. Completion of Delivery Orders: DOs issued under this contract will have individual performance periods. The time for completion of the work under the DO shall be stated therein.
The contractor is required to complete the DO work within the performance period or liquidated damages will be assessed. The period of performance shall include time for all activities from date of issuance of the task, including any design, if design/construct order, ordering of materials and time required for final clean-up, inspection, acceptance and close out of the order.
(1) Projects ranging from $2,000.01 to $100,000 shall be completed within 4 months of receipt of the delivery order.
(2) Projects ranging from $100,000.01 to $300,000 shall be completed within 5 months of receipt of the delivery order.
(3) Projects ranging from $300,000.01 to $500,000 shall be completed within 6 months of receipt of the deliver order.
(4) Projects from $500,000.01 to $1,000,000 shall be completed within 9 months days of receipt of the delivery order.
(5) Projects larger than $1,000,000 shall be completed within 12 months of receipt of the delivery order.
(6) The Contractor shall be required to accomplish some projects in shorter timeframes than those specified above to accommodate mission requirements and customer needs.
Shorter timeframes will be negotiated when compressed project schedules are necessary. When merited, longer timeframes than those specified above may be negotiated.
(7) The contractor shall notify the COR in writing at least fourteen (14) calendar days in advance of the date the work will be fully completed and ready for final inspection.
C.5.15.3. Liquidated Damages:
C.5.15.3.1. If the Contractor fails to satisfactorily complete the work for a DO within the time specified above, or any extension, the Contractor shall compensate the Government as liquidated damages for each day of delay.
C.5.15.3.2. If the Government terminates the Contractor’s right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work.
C.5.15.3.3. If the Government does not terminate the Contractor’s right to proceed, the resulting damage will consist of liquidated damages until the work is completed and accepted.
C.5.15.3.4. Liquidated Damage Compensation: For projects that are less than $50,000, the calculated amount of liquidated damages shall be $50 per day. For projects that are $50,000 or more, the amount of liquidated damages shall be calculated as specified by clause in this Contract.
C.5.15.4. Time Extensions: Time extensions for DO modifications will be awarded if the additional work required by the modification delays on-going construction activities and/or if additional time is required to accomplish the added work requirements. Time shall not be extended to correct insufficient progress prior to the modification.
C.5.15.4.1. Weather-Related Time Extensions: Time extensions may result from unusually severe weather for exterior projects. For the Contracting Officer to award a time extension, the following conditions must be satisfied:
(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.
(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.
C.5.15.4.2. Anticipated Weather Delays: The following schedule of monthly anticipated weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and shall constitute the base line for monthly weather evaluations. The Contractor’s progress schedule must reflect these anticipated adverse weather delays in all weather-dependent activities.
MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORKDAYS BASED ON A FIVE (5) DAY WORK WEEK
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
5 5 5 3 3 5 8 6 5 3 4 5
C.5.15.4.3. Adverse Weather Log: The Contractor shall keep an adverse weather log for each weather dependent DO. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor’s workday.
C.5.15.4.4. Calculation of Adverse Weather Days: The number of actual adverse weather delay days shall include days impacted by actual adverse weather, shall be recorded in full days, and shall be calculated chronologically from the first to the last day of each month. If the number of actual adverse weather delay days exceeds the number of days anticipated in chart above, the KO will convert any qualifying delays to calendar days and issue a modification to the DO.
C.5.16. Performance of Work:
C.5.16.1. After award of the delivery order, the contractor shall submit a performance schedule to the Government for review and approval. Upon approval of the schedule, the contractor shall be authorized to commence work. Products and execution shall be provided/accomplished in accordance with the scope of work for the delivery order. The Government shall perform regular inspection of the work; shall monitor progress for purposes of authorizing payment of invoices based on percentage of completion; and upon completion of the work provide notice of final acceptance.
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