RFP 24-026R Sample Subcontract.pdf

PRINCETON PLASMA Part I PHYSICS LABORATORY Sample Subcontract

SUBCONTRACT AGREEMENT

FOR CONSTRUCTION

Name and Address of Subcontractor Subcontract No.: S0XXXXX

EFFECTIVE:

Tritium Area Walls and Floor Painting

This is a subcontract (the "Subcontract") between the party above named (the "Subcontractor") and The Trustees of Princeton University, represented by the Princeton Plasma Physics Laboratory (“PPPL”) (hereinafter called "Princeton", "Princeton Plasma Physics Laboratory’, "PPPL", or "Buyer"), the latter acting under Prime Contract No. DE-ACO2-09CH11466 with the United States of America (hereinafter called the "Government"), represented by the United States Department of Energy (hereinafter called the "Department").

This Subcontract does not bind nor purport to bind the Government of the United States.

The parties do mutually agree as follows:

ARTICLE I - STATEMENT OF WORK

1. The Subcontractor agrees to provide all necessary material, equipment, labor and supervision and perform the requirements of PPPL Statement of Work for “Tritium Area Wall and Floor Painting” (Subcontract Part III) and other requirements that may be incorporated into this Subcontract.

2. The parties have agreed that the Subcontractor’s safety supervisor must be an OSHA competent person as defined by 29 CFR 1926.32(f).

3. The parties have further agreed that the following individuals are hereby designated as a

“Key Person” as defined in General Provisions Clause A27 (Subcontract Part II).

Project Manager:

On-Site Supervisor:

Safety Supervisor:

ARTICLE II - SUBCONTRACT FIXED-PRICE

The Subcontractor agrees to perform the work defined in Article I - STATEMENT OF WORK for the Firm Fixed Price of ________________________________________ dollars ($_____________).

ARTICLE III - TIME OF PERFORMANCE

The parties agree that Subcontractor shall complete all work required by this subcontract no later than 60 calendar days after date of Subcontract award.

ARTICLE IV - CONSTRUCTION SCHEDULE

The Subcontractor shall, within five days after the work commences on the Subcontract or another period of time determined by PPPL, prepare and submit to PPPL for approval three copies of a practicable schedule showing the order in which the Subcontractor proposes to perform the work, and the dates on which the Subcontractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Subcontractor fails to submit a schedule within the time prescribed, PPPL may withhold approval of progress payments until the Contractor submits the required schedule.

If, in the opinion of PPPL, the Subcontractor falls behind the approved schedule, the Subcontractor shall take steps necessary to comply with the approved schedule without additional cost or price increase to PPPL.

ARTICLE V - TECHNICAL AND ADMINISTRATIVE REPRESENTATIVES

1. The following technical and administrative representatives are designated for this subcontract: (609) 243-3963

Subcontractor Representative: Phone Number E-Mail

Princeton’s Representatives:

Technical Representative:

Phillip Egan

Phone Number: (609) 243-2743 Email: pegan@pppl.gov

Procurement Specialist:

Jimmy Russell

Phone Number: (609) 243-3963 Email: Jrussell@pppl.gov

2. Princeton’s Technical Representative (PTR) will be responsible for day-to-day clarifications and guidance as may be required within the scope of the subcontract Statement of Work (SOW). The PTR is not authorized to direct changes in the subcontract scope of work, subcontract price or subcontract terms and conditions.

3. Contacts with PPPL regarding prices, terms, quantities, deliveries and financial adjustments shall only be made with the PPPL-designated Procurement Specialist.

Agreements and/or actions taken by the Subcontractor, which by their nature effect a mailto:Jrussell@pppl.gov change to this subcontract, shall only be binding upon PPPL when such agreement or action is specifically authorized in writing by PPPL's Procurement Specialist. Any change undertaken by the Subcontractor without the written consent of PPPL’s designated Procurement Specialist is at the Subcontractor’s own risk and not binding on PPPL. All correspondence and communication between the Subcontractor and PPPL shall be addressed and directed to PPPL's Procurement Specialist.

4. Except for those instances identified in the SOW where PPPL specifically directs the

Subcontractor to communicate directly with others, PPPL shall be responsible for all liaison and communication with the Government and/or PPPL's customers as well as PPPL's other Subcontractors for the length of this subcontract.

ARTICLE VI - INSURANCE CERTIFICATES

The Subcontractor agrees to submit to PPPL for review and approval within ten calendar days after subcontract award, an insurance certificate(s) as required by, General Provisions Article T4 (Subcontract Part II).

ARTICLE VII - PERFORMANCE AND PAYMENT BONDS

1. A Performance Bond and a Payment Bond, each in the amount of one hundred percent

(100%) of the subcontract Firm Fixed-Price must be submitted by the Subcontractor to PPPL’s Procurement Specialist for review and approval within ten calendar days after subcontract award.

2. Bonds furnished by the Subcontractor must be secured from a company whose name appears on the list contained in the Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies.” (List is available at https://www.fiscal.treasury.gov/fsreports/ref/suretybnd/c570.htm.)

ARTICLE VIII - PPPL'S REVIEW AND APPROVAL

1. This subcontract requires the Subcontractor to prepare and submit specified plans and procedures for PPPL approval before PPPL authorization will be given to begin on-site work, and/or to proceed with a task. Any changes to PPPL approved plans and procedures must be resubmitted to PPPL for review and written approval before implementation.

2. When review and/or approval is called for in this subcontract, PPPL agrees to issue to the

Subcontractor its approval, or its comments, if appropriate, normally within ten working days of receipt of the documentation, or other submittal to be reviewed.

3. The Subcontractor is hereby given notice that review and/or approval by PPPL does not in any way relieve the Subcontractor of responsibility to complete the required work in full conformance with the requirement of this subcontract. PPPL's notice of approval, acceptability, concurrence or release to proceed with the work shall be construed only as acknowledgment that the course of action proposed by the Subcontractor appears reasonable and that the Subcontractor may at his own risk proceed to fulfill his obligations under the subcontract.

https://www.fiscal.treasury.gov/fsreports/ref/suretybnd/c570.htm

ARTICLE IX - NOTICE TO PROCEED

A Notice to Proceed as set forth in General Provisions Clause GC9 (Subcontract Part II) authorizing work to begin on-site at PPPL will be issued by the PPPL Procurement Specialist after:

1. Receipt and acceptance by PPPL of Subcontractor’s Performance and Payment bonds.

2. Receipt and acceptance by PPPL of an insurance certificate(s), for an acceptable level of insurance and from an acceptable insurance carrier.

3. Construction schedule.

4. Schedule of values.

5. PPPL approval of Subcontractor's

• Integrated Safety Management (ISM) Plan (General Provisions Clause T2.

Integration of Environment, Safety, and Heath into Work Planning and Execution) and Job Hazard Analysis (JHA). A JHA form will be provided by PPPL for completion.

• List of chemicals that will be brought on site along with the MSDS.

• Lower tier subcontractors (if applicable).

6. Approval by PPPL of Subcontractor’s OSHA qualified on-site Supervisor.

7. PPPL approval of Subcontractor’s Quality Assurance Plan

In the event that conditions warrant the development of a work commencement date, which differs from the requirements established by General Provisions Clause GC9, said date contained in the Notice to Proceed will be determined by mutual agreement between PPPL and the Subcontractor prior to the issuance of the Notice.

ARTICLE X - SAFETY CERTIFICATIONS

The following PPPL training must be successfully completed by Subcontractor's personnel working on-site at PPPL. Note that any requirements placed on Subcontractor’s personnel within this subcontract shall also apply to applicable Subcontractor lower tier subcontractor employees.

COURSE APPROX. DURATION

General Employee (Safety)Training (GET)1 About Two Hours

ATTENDANCE REQUIRED: 1 Subcontractor employees who will be working on-site 40 hours or more and have not successfully completed this General Employee Training (GET) training and examination within the past three years.

ARTICLE XI - IDENTIFICATION BADGES

Prior to construction commencement, each Subcontractor employee working on-site under this subcontract will, upon successful completion of required "General Employee Training (GET) (See ARTICLE XI above), receive a Picture ID Badge. Those not requiring training (will be working on-site at PPPL less than 40 work hours during the next twelve months) will be issued daily badges (“one day” badges), by the PPPL entry gate Security Guard, a “one day” badge that may be disposed of at the end of the day. Prior to the final closeout of this subcontract the Subcontractor will be responsible for the return of all Picture ID badges issued to their personnel and to personnel of their lower-tier Subcontractors. PPPL reserves the right to withhold final payment, in its sole discretion, until such time that all assigned Picture ID badges have been properly returned to PPPL.

ARTICLE XII - LOWER-TIER SUBCONTRACTS

1. The Subcontractor agrees that as required by Equal Employment Opportunity Clause

(General Provisions Clause AAC 1-9) it will notify the local Office of Federal Contract Compliance Programs (OFCCP) in writing within ten working days of award of any lower-tier construction Subcontract in excess of $10,000 made under this Subcontract S0XXXXX.

The notification must include:

• Name, address and telephone number of the lower-tier subcontractor;

• The lower-tier subcontractor’s employer identification number;

• Estimated dollar amount of the lower-tier subcontract;

• Estimated starting and completion dates of the lower-tier subcontract; and

• Geographic area (NJ Middlesex) in which the subcontract is to be performed.

The address of the local OFCCP office is:

OFCCP Regional Office 201 Varick Street, Room750 New York, NY 10014

2. The Subcontractor agrees to identify and report all lower tier subcontracts awarded under this Subcontract by submitting a fully executed SF 1413 Statement and Acknowledgement within 14 calendar days of award of each lower tier subcontract to the PPPL Procurement Specialist. Lower tier subcontractors shall not start any on site work until this submission requirement is met.

3. The Subcontractor agrees that any lower-tier subcontractor shall be prohibited from working on this project if:

A. The lower-tier subcontractor has an active exclusion in the U.S. Government’s System for Award Management (SAM) or

B. The lower-tier subcontractor has a current Insurance Experience Modification Rating

(EMR) greater than 1. The Subcontractor shall provide to PPPL, backup documentation from an independent source, such as the insurance carrier, to verify lower-tier subcontractors’ ratings.

ARTICLE XIII - PROMPT PAYMENT FOR SMALL BUSINESS

Based on the Subcontractor’s representation that it is a small business as defined by the US Small Business Administration, PPPL will make every practicable effort to pay the Subcontractor net 15 days from the latter of (1) receipt of the Subcontractor’s proper invoice, if required, or (2) delivery of items/completion of work that are acceptable to PPPL in PPPL’s sole discretion. Any offered discount shall be taken if payment is made within the discount period that the Subcontractor indicates. Payments shall be made either by check or electronic funds transfer, at the option of Princeton. Payment shall be deemed to have been made as of the date of the check or the date on which an electronic funds transfer was made.

ARTICLE XIV - CERTIFIED PAYROLLS AND INVOICES

Subcontractor agrees that the work performed under this subcontract is covered by the Construction Wage Rate Requirements Statue (also known as the Davis-Bacon Act).

Subcontractor’s, and lower-tier subcontractor’s, “Laborers and Mechanics” working on-site at Princeton under this Subcontract must receive wages and benefits not less than the minimum rates in US Department of Labor NJ General Wage Decision No. NJ20200036, dated 02/10/2023 (Subcontract Part V) for their craft.

Laborers or mechanics means— Workers, used by a contractor or subcontractor at any tier, whose duties are manual or physical in nature (including those workers who use tools or who are performing the work of a trade), and working foremen who devote more than 20 percent of their time during a workweek performing duties of a laborer or mechanic. Does not include workers whose duties are primarily executive, supervisory, administrative, or clerical, rather than manual.

Subcontractor agrees to provide to PPPL’s Procurement Specialist weekly a certified copy of the payroll for their employees and lower-tier subcontractor employees working on-site at PPPL the previous week under this subcontract.

All invoices must reference Subcontract S0XXXXX. Send certified payrolls and invoices for work performed under this subcontract to:

Princeton Plasma Physics Laboratory Procurement Division PO Box 451 Princeton, NJ 08543 ATTN: Subcontract S0XXXXX

ARTICLE XV - SUBCONTRACT ORDER OF PRECEDENCE OF DOCUMENTS

The following documents, listed below in their Order of Precedence, are hereby incorporated into this subcontract.

1. Part I This Subcontract Agreement (7 pages)

2. Part II PPPL General Provisions and Special Terms and Conditions for

Construction Subcontracts:

a. Part A - Common Clauses, PPL-PD-A; Rev. 24; 09-2022) (Reference List 2 pages, text 28 pages)

b. Part G - Provisions & Conditions for Fixed Price Construction Subcontracts, PPL-PD-G; Rev. 8; 05-2022 (Reference List 2 pages, text 18 pages)

c. Part T – Provisions for Work Performed on the PPPL Site, PPL-PD- T; Rev. 5; 09-2022 (Text 7 pages)

d. Employment Eligibility Verification (Oct 2015) PPL-PD-Everify: Rev.

2; 11-2015 (3 pages)

3. Part III PPPL Statement of Work “Tritium Area Wall and Floor Painting, dated Oct 2023”

4. Part IV Minimum Wages for Federally Assisted Construction, General Wage

Decision Number NJ20200036, dated 02/10/2023

IN WITNESS WHEREOF, the Parties hereto have executed this Subcontract Agreement as of the date fully signed below.

[SUBCONTRACTOR]: THE TRUSTEES OF PRINCETON UNIVERSITY:

BY: BY:

NAME: NAME:

TITLE: TITLE:

DATE: DATE: