Solicitation 1605AE-22-B-00002.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1631-OJC-22-CDC-0036

US Department of Labor

Job Corps Acquisition Services

200 Constitution Ave, NW N-4643

JCAS

Washington DC 20210

Martrelle Pyatt Harvin 202-693-0149 x

04/25/2022

1605AE-22-B-00002

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 240 calendar days and complete it within ________________ ________________ calendar days after receiving

05:00 P.M.

05/25/2022

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

US Department of Labor Division of Job Corps Procurement

200 Constitution Ave, NW Room N-4643

ETA OCM JOB CORPS

Washington DC 20210

Paul M. Seivert

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

TABLE OF CONTENTS

1605AE-22-B-00002

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

I

PART I - THE SCHEDULE

SECTION A – FORM

A.1 STANDARD FORM 1442

SECTION B – PRICING

B.1 PRICING

B.2 CONTRACT PRICE - CONTRACT LINE ITEM NUMBERS (CLIN)

B.3 TYPE OF CONTRACT

B.4 COST OF MATERIALS/EQUIPMENT

B.5 GOVERNMENT FURNISHED PROPERTY/EQUIPMENT

B.6 IFB QUESTIONS AND RESPONSES

B.7 DELIVERABLE – RELEASABLE COPIES – FREEDOM OF INFORMATION ACT

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 STATEMENT OF WORK

SECTION D - PACKING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE OF LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 SUBSTANTIAL COMPLETION

E.3 USE OF EQUIPMENT BY THE GOVERNMENT

E.4 FINAL COMPLETION AND ACCEPTANCE

E.5 INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES AND PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

ALTERNATE I (APR 1984)

F.3 FAR 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEPT 2000)

F.4 PERIOD OF PERFORMANCE

F.5 PLACE OF PERFORMANCE

F.6 SCHEDULES

F.7 EXCUSABLE DELAYS

F.8 DELIVERABLES/SUBMITTALS

F.9 PROJECT EXECUTION SCHEDULE

F.10 DOCUMENTATION OF REQUESTS FOR EXTENSIONS

F.11 SUSPENSION OF WORK - NONCOMPLIANCE WITH CONTRACT REQUIREMENTS

F.12 NOTICES TO PROCEED (NTP)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 DOLAR 2952.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (MAY 2004)

G.2 PRE-CONSTRUCTION CONFERENCE

G.3 PROJECT MEETINGS

G.4 OPERATIONS, STORAGE AREAS AND SECURITY

G.5 PROJECT SAFETY

G.6 DISPOSAL OF REFUSE

G.7 DETAILED ESTIMATE FOR PROGRESS PAYMENTS

G.8 MONTHLY PROGRESS PAYMENT REQUESTS (Application for Payment)

G.9 METHOD OF PAYMENT

G.10 CERTIFICATION OF PAYMENT TO SUBCONTRACTORS

G.11 INVOICE PREPARATION AND SUBMISSION

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

II

G.12 TEST RESULTS

G.13 FINAL COMPLETION/CONTRACT CLOSEOUT

G.14 ORDER OF PRECEDENCE

G.15 REFERENCED STANDARDS

G.16 FURNISHING INFORMATION AND RECORDS

G.17 DOL 2018-03 RECORDS MANAGEMENT REQUIREMENTS (AUGUST 2018)

G.18 DOL 2018-02 DOL MANDATORY TRAINING REQUIREMENTS FOR CONTRACTOR EMPLOYEES

(AUGUST 2018)

G.19 AUTHORITY OF CONTRACTING OFFICER

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 COMMENCEMENT OF WORK

H.2 BID PREPARATION COST

H.3 SUBCONTRACTING RESPONSIBILITIES

H.4 GENERAL DECISION NUMBER

H.5 ENVIRONMENTAL COMPLIANCE

H.6 NOTICE OF CONSTRUCTIVE CHANGES

H.7 CONTRACT NUMBER IDENTIFICATION

H.8 SUBMISSION OF CORRESPONDENCE

H.9 WORKERS’ COMPENSATION LAWS

H.10 INSURANCE

H.11 BOND REQUIREMENTS

H.12 SAFEGUARDING OF INFORMATION

H.13 PUBLIC RELEASE OF INFORMATION

H.14 DOCUMENTS - OWNERSHIP AND USE

H.15 DISPOSITION OF MATERIAL

H.16 RIGHTS AND OBLIGATIONS

H.17 INITIATION OF LIQUIDATED DAMAGES

H.18 PERMITS

H.19 OVERTIME WORK

H.20 LAWS AND REGULATIONS

H.21 LANGUAGE PROFICIENCY

H.22 ASSIGNMENT

H.23 REVIEW OF DOCUMENTS AND LOCAL CONDITIONS

H.24 OTHER SERVICES NOT TO RELIEVE CONTRACTOR

H.25 OTHER CONTRACTORS

H.26 ERRONEOUS REPRESENTATIONS

H.27 AUTHORIZED REPRESENTATIVE OF THE CONTRACTING OFFICER

H.28 NOTIFICATION OF DIFFERING SITE CONDITIONS

H.29 EQUITABLE ADJUSTMENTS

H.30 PRESERVATION OF REFERENCE POINTS AND BENCHMARKS

H.31 ORGANIZATION OF DRAWINGS AND SPECIFICATIONS

H.32 SPECIAL UTILITY PROVISION

H.33 RESPONSIBILITY OF CONTRACTOR

H.34 ORGANIZATION AND DIRECTION OF THE WORK

H.35 CONSTRUCTION OPERATIONS

H.36 SUBCONTRACTORS AND SUPPLIERS

H.37 AVAILABILITY OF UTILITY SERVICES

H.38 TEMPORARY FACILITIES AND SERVICES

H.39 INSTALLATION RULES AND REGULATIONS/CONTRACTOR PERSONNEL

H.40 MATERIALS AND EQUIPMENT

H.41 IMPORTED MATERIALS, EQUIPMENT, AND PERSONNEL

H.42 HAZARDOUS OCCUPATION ORDERS

H.43 HAZARDOUS MATERIAL IDENTIFICATION

H.44 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING

H.45 SPECIAL WARRANTIES

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

III

H.46 DEFINITIONS

H.47 CONFERENCES

H.48 MODIFICATIONS AND CHANGE ORDERS

H.49 ENGLISH LANGUAGE DOCUMENTATION REQUIREMENT

H.50 TRAFFICKING PERSONS COMPLIANCE PLAN CERTIFICATION

H.51 REPORTING ACCIDENTS

H.52 ORGANIZATIONAL CONFLICT OF INTEREST

H.53 CONFLICTS OF INTEREST

H.54 KEY PERSONNEL

H.55 DOL 2020-01 CONTRACTOR PERSONNEL TELEWORK (JANUARY 2020)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 FAR 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

I.3 FAR 52.233-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008)

I.4 FAR 52.225-9 BUY AMERICAN-CONSTRUCTION MATERIALS (FEB 2021)

I.5 FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION MATERIALS (MAY

2014)

I.6 FAR 52.236-4 PHYSICAL DATA (APR 1984)

I.7 FAR 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Part III - List of Documents, Exhibits, and Other Attachments

SECTION J - LIST OF ATTACHMENTS

J.1 WAGE DETERMINATION

J.2 STANDARD FORM 1413 – STATEMENT OF ACKNOWLEDGMENT

J.3 CRITICAL PATH METHOD (CPM) CHECKLIST

J.4 SCHEDULE OF VALUES (SOV) CHECKLIST

J.5 DRAWINGS LINK

J.6 SPECIFICTIONS LINK

Part IV -- Representations and Instructions

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

K.2 FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

K.3 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

K.4 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2018)

K.5 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

K.6 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (SEP 2021)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

IV

L.2 FAR 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29

(AUG 1998)

L.3 FAR 52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (APR 2014)

L.4 FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988)

L.5 FAR 52.211-4 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS NOT LISTED IN THE GSA

INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS

(JUN 1988)

L.6 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

L.7 FAR 52.228-1 BID GUARANTEE (SEP 1996)

L.8 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.9 FAR 52.236-27 I SITE VISIT (CONSTRUCTION) (FEB 1995)--ALTERNATE I (FEB 1995)

L.10 IFB QUESTIONS

L.11 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.12 FAR 52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

L.13 BID PREPARATION INSTRUCTIONS

L.14 CONFLICTS OF INTEREST

L.15 SAFEGUARDING OF BIDS

L.16 OPENING OF BIDS

L.17 RECEIPT OF UNREADABLE ELECTRONIC BID

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 NOTOICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

M.2 INTRODUCTION

M.3 BASIS OF AWARD

M.4 EQUAL LOW BIDS

M.5 AWARD

Part I - The Schedule

SECTION B

PRICING

1605AE-22-B-00002

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

B.1 PRICING

B.1.1 As a firm-fixed price contract, the contract price includes all labor, materials, equipment and services necessary to accomplish the construction required by the Contract, including applicable customs duties, transportation to the site, storage, premiums for insurance and bonds required by the Contract, permits, license and inspection fees, taxes, and all other items called for by the contract or otherwise necessary for performance of the contract. The Contract Price may be adjusted only by a written Contract modification signed by the Contracting Officer (CO).

B.1.2 The contractor shall complete all work, including furnishing all labor, material, equipment and services as called for and required by the terms and conditions of this contract document and all attachments hereto. The maximum time allowable for performance has been identified in Section/Paragraph F.1, clause 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) (Reference FAR 11.404(b)). The price is firm fixed-price and shall include all labor, materials, equipment, services, overhead, insurance, fees, profit, and all other costs.

B.2 CONTRACT PRICE - CONTRACT LINE ITEM NUMBERS (CLIN)

PROJECT TITLE: CONSTRUCTION– STORM WATER MANAGEMENT DRAINAGE SYSTEM

RENOVATIONS AND IMPROVEMENTS AT DELAWARE VALLEY JCC

CONTRACTOR COMPLETES CONTRACT LINE-ITEM NUMBERS (CLIN):

CLINs 0001 and 0002

CLIN 0001 Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center:

The contractor shall complete all work outlined in the Scope of Work for the renovation and improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley JCC. Project consists of providing construction services required for the renovation and improvements to the campus-wide storm water management drainage system. Associated work includes, but is not limited to, phased installation of drainage piping, catch basins, and associated demolition; excavation, trenching, grubbing, regrading of the site to create new swales and control drainage.

Also included in the project are miscellaneous paved roadway restoration, grounds restoration and related work.

Additionally, the contractor shall furnish and include a price for all professional services, supervision, labor, material, transportation, equipment and services, unless otherwise specified herein, required under this contract for the following firm fixed price and within the time specified herein. This price shall also include overhead insurance and fees, profit and all cost for project General Requirements.

Construction Services 1 JOB $____________________

CLIN 0002 Bonding (Performance and Payment Bonds):

These items are cost reimbursable items and will be reimbursed on a dollar per dollar basis (actual expenses) upon receipt of bonds and proof of payment to the surety.

Bonds Reimbursement 1 Lump Sum $____________________

B.3 TYPE OF CONTRACT

The resulting contract will include Contract Line Item Numbers (CLINs) that are Firm Fixed-Price, with the exception of CLIN 0002 Bonding. No additional sums will be payable on account of any escalation in the cost of materials, equipment, services or labor, or because of the contractor’s failure to properly estimate or accurately predict the cost or difficulty of

SECTION B

PRICING

1605AE-22-B-00002

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center achieving the results required by this contract. Changes in the contract price or time to complete will be made only due to changes made by the Government in the work to be performed, or by delays caused by the Government.

B.4 COST OF MATERIALS/EQUIPMENT

The cost of any materials or equipment (to include storage, transportation, rental, insurance, maintenance, and/or disposal costs) required in conjunction with the services rendered herein shall be included in the proposed firm fixed-price.

B.5 GOVERNMENT FURNISHED PROPERTY/EQUIPMENT

The following Government Furnished Equipment and materials will be provided for incorporation into the work by the contractor. The equipment, systems components and parts will be furnished in sufficient quantities and in sufficient time to allow the contractor to complete the construction work as scheduled in accordance with the approved design.

Not Applicable

B.6 IFB QUESTIONS AND RESPONSES

Invitation for Bids questions are submitted via e-mail to JCASConstructionProcurement@dol.gov and will be responded to via issuance of an amendment. The Questions and Answers (Q&A) do not change the IFB. The Q&A is intended to clarify requirements and to reflect the parties understanding of the specific IFB performance requirements at time of award.

The initial IFB, as amended, shall form the contract between the contracting parties. The Q&A will be reviewed and utilized during the course of contract execution and performance to ensure the descriptive and instructive clarifications provided and used to assure understanding of the performance requirements and relied on during the IFB and bid development phase are implemented.

B.7 DELIVERABLE – RELEASABLE COPIES – FREEDOM OF INFORMATION ACT

The Freedom of Information Act (FOIA) permits withholding information under several exemptions, including Exemption 4 which protects "trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential," 5 U.S.C. 552(b) (4). Within five business days of contract award, the contractor shall provide a statement that the contract is available for full disclosure under the FOIA or provide a scanned PDF of the redacted copy of the contract identifying the specific potions the contractor believes are covered by the particular exemption requested. Any redactions must be fully supported under the FOIA. In the event the Government notifies the contractor that it does not agree with a proposed redaction, the contractor shall have five business days to submit additional information to support the requested redaction. For subcontracts, within 5 business days of the contractor's award of any subcontract over $500,000 the contractor shall provide the Government a scanned PDF copy of the subcontract with a statement that the copy is either available for full disclosure, or identifying the specific portions believed to be covered by the particular exemption requested. Redactions should be limited to those protections provided under the FOIA. Following the procedures above, the Government has the right to notify the contractor of any disagreement with proposed redaction or exemption requests.

mailto:JCASConstructionProcurement@dol.gov

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1605AE-22-B-00002

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

C.1 STATEMENT OF WORK

See Section J.5 for SCOPE OF WORK

SECTION D

PACKAGING AND MARKING

1605AE-22-B-00002

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

Note:

Clauses numbered 52.XXX… Are Federal Acquisition Regulation Clauses.

Clauses numbered DOLAR 2952.XXX… Are Department of Labor Acquisition Regulation Clauses.

[For this Solicitation, there are NO clauses in this Section]

SECTION E

INSPECTION AND ACCEPTANCE

1605AE-22-B-00002

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

Note:

Clauses numbered 52.XXX… Are Federal Acquisition Regulation Clauses.

Clauses numbered DOLAR 2952.XXX… Are Department of Labor Acquisition Regulation Clauses.

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FAR 52.246-12 Inspection of Construction AUG 1996

E.2 SUBSTANTIAL COMPLETION

Definitions.

E.2.1. “Substantial Completion” means the stage in the progress of the work as determined and certified by the Contracting Officer or Contracting Officer’s Representative (COR) in writing to the Contractor, on which the work or a portion thereof designated by the Government is sufficiently complete and satisfactory, in accordance with the requirements of the contract documents, that it may be occupied or utilized for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which (1) do not interfere with the intended occupancy or utilization of the work and (2) can be completed or corrected within the time period required for final completion.

E.2.2 “Date of Substantial Completion” means the date determined by the Contracting Officer or Contracting Officer’s Representative of which substantial completion of the work has been achieved. This date shall be contingent on the Contractor completing certain general construction work.

Substantial Completion is further dependent upon the Contractor providing all essential training on operations and maintenance, as required, to the designated Center personnel. Unless indicated otherwise, the Date of Substantial Completion, as acknowledged by the Government, is also the commencement date of all warranties and guarantees required by the contract documents.

When the Contractor feels that the work is substantially complete, it shall notify the Contracting Officer and the Contracting Officer’s Representative requesting a substantial completion walk thru inspection.

Attached to the request must be a list of items to be corrected/completed (punch list). An inspection of the work shall be conducted by the Department of Labor (DOL) or its designated representative to review the punch list and verify its accuracy; should the Contractor’s punch list prove to be inaccurate or incomplete, Contractor shall provide revised punch list. At the time of the inspection, the Contractor shall be required to submit to DOL or its designated representative all inspection reports, test results, operation and maintenance manuals, keys and keying schedules for the substantially complete work. This information will then be turned over to the Center Operator.

Upon the successful completion of the inspection, the Contracting Officer shall provide Certification of Substantial Completion.

Not until the date and Certificate of Substantial Completion have been fully acknowledged by the Department of Labor’s Contracting Officer and Contracting Officer’s Representative, will the Contractor be relieved of the responsibility for the security and maintenance of the work, except for punch list items. Following acknowledgment by the Department of Labor, the Contractor shall provide any required additional training to designated Center Personnel, and shall also complete the punch list items in accordance with the Schedule identified in the Certificate of Substantial Completion.

Failure to complete the punch list items within the schedule may be a breach of contract and will be subject to the sanction of the contract.

SECTION E

INSPECTION AND ACCEPTANCE

1605AE-22-B-00002

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

E.3 USE OF EQUIPMENT BY THE GOVERNMENT

E.3.1 Right to use The Government may take over and operate, with Government employees, such equipment as necessary for heating or cooling such areas of the building that require the service, and other equipment such as elevators, electrical, plumbing, and mechanical systems, as soon as the installation is sufficiently complete to permit operation.

E.3.2 Notice The Government will advise the Contractor in writing (FAR 52.236-11 entitled Use and Possession Prior to Completion), prior to the use of the equipment, which items of equipment will be taken over and operated, in addition to the date and time such operation shall begin.

E.3.3 Effect on warranties. Government operation of equipment will not relieve the Contractor of warranty or correction obligations elsewhere provided for in this contract. The applicable warranty period, elsewhere provided for in this contract, for each piece of equipment shall be in accordance with the applicable provisions of this contract.

E.4 FINAL COMPLETION AND ACCEPTANCE

E.4.1 Definitions.

E.4.1.1 “Final Completion and Acceptance” means the stage in the progress of the work as determined and certified by the CO or COR, in writing to the Contractor, on which work required under the contract has been completed in an acceptable manner in accordance with the contract requirements, subject to the discovery of latent defects after final completion and except for items specifically excluded in the notice of final acceptance. The contractor shall reference Section G.13 entitled Final Completion/Closeout for documentation required prior to final acceptance.

E.4.1.2 “Date of Final Completion and Acceptance” means the date determined by the Contracting Officer as of which final completion of the work has been achieved, as indicated by written notice to the Contractor. Documentation indicating Final Acceptance has been achieved will be issued upon satisfactory review of the Final Completion/Closeout package required in Section G.13.

E.5 INSPECTION AND ACCEPTANCE

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at:

Delaware Valley Job Corps Center 9368 State Rt. 97 Callicoon, New York 12723-0846

U.S. Department of Labor Office of Job Corps 200 Constitution Avenue, NW Washington, DC 20210

The Government shall perform inspections and tests, as may be applicable, in a manner that does not unduly delay the work.

SECTION F

DELIVERIES OR PERFORMANCE

1605AE-22-B-00002

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

Note:

Clauses numbered 52.XXX… Are Federal Acquisition Regulation Clauses.

Clauses numbered DOLAR 2952.XXX… Are Department of Labor Acquisition Regulation Clauses.

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FAR 52.211-13 Time Extensions SEPT 2000 FAR 52.242-14 Suspension of Work APR 1984

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 240 days after receipt of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed within 30 Calendar Days after execution of contract award. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F.3 FAR 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of (See Below) for each calendar day of delay until the work is completed or accepted.

Project Name Amount (per day) Delaware Valley Drainage

System $544.65

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F.4 PERIOD OF PERFORMANCE

Project Name Project Duration Substantial Completion Final Acceptance

Date Delaware Valley Drainage System 240 * **

DELIVERIES OR PERFORMANCE

1605AE-22-B-00002

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

*The Date for Substantial Completion shall be accomplished within 210 calendar days following receipt of a Notice to Proceed (NTP). (See Section/Paragraph E.2 SUBSTANTIAL COMPLETION)

**The Date for Final Acceptance shall be the Date for Substantial Completion + 30 days or longer period as agreed and authorized by the CO.

F.5 PLACE OF PERFORMANCE

Delaware Valley Job Corps Center 9368 State Rt. 97 Callicoon, New York 12723-0846

F.6 SCHEDULES

F.6.1 CONTRACTOR’S SUBMISSION OF PROJECT EXECUTION SCHEDULES

F.6.1.2 These schedules shall include but is not limited to construction, product data, major material, equipment fabrication, delivery, samples and other submittals required by the contract to be submitted for acceptance.

F.6.1.3 Deliverables shall be in the English language, unless otherwise provided hereunder, and any system of dimensions (i.e., English or metric) shown shall be consistent with that used in the contract. No extension of time shall be allowed on account of a delay by the GOVERNMENT in approving such deliverables if the Contractor has failed to act promptly and responsively in submitting its deliverables. Each deliverable shall be identified as required by the contract.

F.6.1.4 The Contractor shall revise such schedules (1) to account for the actual progress of the work, (2) to reflect approved adjustments in the performance schedule, and (3) as required by the COR to achieve coordination with work by the GOVERNMENT and separate contractors employed by the GOVERNMENT. The Contractor shall submit schedules on the last day of the preceding month for the next month’s work. The schedule shall sequence work so as to minimize disruption at the jobsite.

F.7 EXCUSABLE DELAYS

F.7.1 The Contractor will be allowed time, not money, for excusable delays as defined in FAR 52.249-10, Default.

Examples of such cases include (l) acts of God or of the public enemy; (2) acts of the United States Government in either its sovereign or contractual capacity; (3) acts of the government of the host country in its sovereign capacity; (4) acts of another contractor in the performance of a contract with the Government; (5)fires; (6) floods; (7) epidemics; (8) quarantine restrictions; (9) strikes; (l0) freight embargoes; and (11) unusually severe weather.

F.7.2 In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform furthermore (1) must be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against, (2) cannot be overcome by reasonable efforts to reschedule the work, and (3) directly and materially affects the date of final completion of the project.

F.8 DELIVERABLES/SUBMITTALS

F.8.1 The Contractor shall furnish the following deliverables/submittals listed below as well as other identified under this contract. When notified to do so submittals, except bonds and insurance shall be uploaded to Submittal Exchange, unless waived by the Contracting Officer.

DELIVERIES OR PERFORMANCE

1605AE-22-B-00002

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

# Description Reference Delivery Date Deliver to:

1. Bonds, Payment and Performance H.11

10 calendar days after contract award

CO and CS

2. Insurance H.10

10 calendar days after award CO and CS

3. Pre-construction Conference – Briefing Materials

To be determined CO, CS and COR

4. Payment Request Section G.8

Last calendar day of each month COR

5. Special Warranty, Section H.45

With request for inspection for Substantial Completion.

COR

6. Monitoring Plan for Historic and Significant Properties

Prior to excavation COR

7. Meeting Minutes TBD, 24 hours after Meeting is held CO, CS and COR

8. Organization and Direction of the Work Prior to commencing mobilization CO, CS and COR

8. Project Schedules

a. Schedule of Values Submittal required before the first progress payment under this contract becomes due.

COR

b. Baseline Project Execution Schedule (BPES)

Projects < $10M shall be submitted within 21 calendar days of NTP issuance Projects > $10M shall be submitted within 60 calendar days of NTP issuance

COR

c. Project Execution Updates of BPES, and Monthly Progress Report per FAR 52.236-15 and Section F.12.2

Monthly updates starting with the acceptance of the BPES, and with Monthly Payment Requests

COR

d. Contractor’s Quality Control Plan 30 calendar days from Contract Award

COR

e. Contractor’s Quality Control Reports Daily COR

9. Facilities and Controls

a. Site Utilization Plan 15 calendar days after NTP for Site

Mobilization and/or Construction

COR

b. Temporary Lighting and Electrical Plan (if applicable)

15 calendar days after NTP for Site Mobilization and/or Construction

COR

10. Closeout Procedures

a. Request for Certification of Substantial Completion

15 calendar days prior to scheduled Substantial Completion

COR

b. Request for Final Inspection and Testing, see also Contract Section E.4

15 calendar days prior to scheduled Final Acceptance

COR

c. Final Record Documents marked As- Built

With Request for Inspection and Substantial Completion

COR

DELIVERIES OR PERFORMANCE

1605AE-22-B-00002

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

d. Project Completion Photography Final Acceptance COR

e. Asbestos and Lead Paint Certification Final Acceptance COR

f. Warranty Management Plan, per FAR

52-246-21 15 calendar days prior to scheduled Final Acceptance

COR

11. Demonstration and Training

a. Training Plan Prior to Final Completion COR

b. Training Records Prior to Final Completion COR

c. Training and Demonstration Videos Prior to Final Completion COR

12 Commissioning

a. (CCR) Contractor’s Commissioning

Representative Identified 30 calendar days after contract award

COR

b. Commissioning Execution Plan 30 calendar days after contract award

COR

F.9 PROJECT EXECUTION SCHEDULE

F.9.1 Project Execution Schedules shall be submitted to the COR for acceptance in Critical Path Method (CPM) using either P6 or Microsoft Project. The schedule shall show the order in which the Contractor proposes to perform the work, and the dates on and time periods within which the Contractor contemplates starting and completing the various portions of the work, in the form and containing such detail as is required by the contract documents. The schedule narrative shall at a minimum clarify the Contractor’s approach and sequencing of work (overall project plan), include milestone dates, the methodology for incorporation of delays including but not limited to potential conflicts with outside agencies, projects, or contractors, permits and utility coordination, procurement or fabrication problems/concerns, labor resource problems/concerns, and shall identify any unusual logic relationships and use of relationship lags, and scheduling assumptions. The Contractor shall revise such schedules (1) to account for the actual progress of the work, (2) to reflect approved adjustments in the contract time, and (3) as required by the COR to achieve coordination with work by the Government and separate contractors. If the Contractor fails to submit schedule or schedule revision within the time prescribed, the CO may withhold approval of progress payments until the Contractor submits the required schedule or schedule revision.

F.9.2 Acceptance of schedule When the Government has accepted any time schedule, it shall be binding upon the Contractor. The contract time is fixed by the contract and may be extended only by a written contract modification, change order or supplemental agreement signed by the Contracting Officer. Acceptance of a schedule or revision thereof by the Government shall not (1) be effective to extend the contract time or obligate the Government to do so, (2) constitute acceptance of delay, nor (3) excuse the Contractor from or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion within the contract time.

F.9.3 Recording progress The Contractor shall record the actual progress of the work against the approved baseline schedule in the form and at intervals as may be required by the COR.

F.9.4 Notice of delay In the event the Contractor receives a notice of change in the work, or if other conditions arise, which are likely to cause or are actually causing delays, which the Contractor believes may result in completion of the project after the contract time, the Contractor shall notify the CO, CS and COR of the effect, if any, of such change or other conditions upon the accepted schedule, and shall state in what respects, if any, the relevant schedule or the contract time should be revised. Such notice shall be given promptly, and not more than 10 calendar days following the first occurrence of event giving rise to the delay or prospective delay. Revisions to the accepted progress schedule shall only be made with the approval of the COR.

DELIVERIES OR PERFORMANCE

1605AE-22-B-00002

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

F.9.5 Maintenance of progress If the Contractor falls behind an accepted schedule, the Contractor shall take steps necessary to improve its progress or overcome delays and ensure completion of the work within the contract time, without additional cost to the Government. In this circumstance, the Contractor shall demonstrate how the approved rate of progress will be regained and shall submit for acceptance a supplementary recovery schedule or schedules. Methods may include: increase of any or all of the number of shifts, overtime operations, days of work, and the amount of construction planned.

F.9.6 Schedule revision and equitable adjustments Upon the request of the Contractor, the Contracting Officer shall ascertain the facts and the extent of any failure to adhere to the performance schedule resulting from alleged excusable delay. If the Contracting Officer determines that any failure to perform results from one or more of the causes for an excusable delay, the relevant schedules shall be revised, subject to the rights of the Government under the termination clause of this contract. If and to the extent considered appropriate in the judgment of the Contracting Officer, an equitable adjustment shall be made in the contract time.

F.10 DOCUMENTATION OF REQUESTS FOR EXTENSION

F.10.1 Any request for a time extension must be supported by the following data, and any other relevant data requested by the CO:

F.10.2 For any delays for which an extension of time is requested, (a) the exact date and degree of work stoppage, (b) the date of resumption of any or parts of such work, and (c) a description of the nature of the delay and the degree, if any, to which the Contractor could have reasonably anticipated and guarded against such delay or damage incidental thereto.

F.10.3 For delays in receipt of Contractor furnished materials, (a) the date the materials were ordered, (b) the dates of anticipated delivery at the port of entry and at the project site, (c) the date the materials were scheduled for use or installation by the Contractor, (d) the date the materials were shipped, and (e) the dates the materials were actually received at the port of entry, cleared customs (if applicable), and were delivered to the project site.

F.10.4 For delays in receipt of Government furnished materials, the date the materials were scheduled for use or installation by the Contractor and the date(s) the materials were actually received at the port of entry, cleared customs (if applicable), and were delivered to the project site.

F.10.5 For delays in receipt of Government approvals of submittals properly prepared, reviewed, and approved by the Contractor before their submission as required by the contract documents, (a) the date of submission, (b) the date approvals were received by the Contractor, and (c) the date that installation or fabrication indicated by the submittals were begun, compared with the dates indicated by the current approved construction schedule and schedule of submittals.

F.10.6 For weather delays, (a) average weather conditions during a comparable period over the preceding ten years, (b) a daily log recording the actual weather conditions during the relevant time period, and (c) the dates work affected by the weather conditions were scheduled to be performed and the actual dates of performance.

F.11 SUSPENSION OF WORK- NONCOMPLIANCE WITH CONTRACT REQUIREMENTS

In the event the Contractor is in non-compliance with requirement of this contract and fails to promptly initiate such action as may be appropriate to comply with the specified requirement, the Contracting Officer shall have the right to order the Contractor to suspend any or all work under the contract until the Contractor has complied or has initiated such action as may be appropriate to comply with the contract requirement. The Contractor will not be entitled to any extension of contract time or payment for any costs incurred as a result of being ordered to suspend work for such a cause. During a suspension of work due to non-compliance, the Contractor shall be responsible for securing and maintaining any equipment and materials delivered under this contract, as well as securing and maintaining any work areas that have not already been approved as substantially complete.

F.12 NOTICES TO PROCEED (NTP)

DELIVERIES OR PERFORMANCE

1605AE-22-B-00002

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

F.12.1 At the time of contract award, the Contractor must commence work to furnish the necessary document submittals within specified time. This work includes continued development of the Project Execution Schedule (PES) that was submitted by the Contractor with the cost proposal. The Government will review the PES and provide comments to the Contractor. Failure of the Government to find mistakes and omissions in the proposal schedule does not relieve the Contractor of contract requirements.

F.12.2 NTP Construction- The contractor shall reference Section F.8.1 for Baseline Project Execution Schedule (BPES) submission requirements, as it pertains to NTP issuance. Following receipt from the Contractor of bonds or evidence of insurance within the time specified in Section/Paragraph H.11 Bond Requirements, of this contract, and following acceptance of these documents by the Contracting Officer, the Contracting Officer will provide the Contractor their Notice to Proceed.

F.12.3 The Contractor must then prosecute the work required hereunder, commencing and completing performance no later than the time period established in the contract.

SECTION G

CONTRACT ADMINISTRATION DATA

1605AE-22-B-00002

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

Note:

Clauses numbered 52.XXX… Are Federal Acquisition Regulation Clauses.

Clauses numbered DOLAR 2952.XXX… Are Department of Labor Acquisition Regulation Clauses.

G.1 DOLAR 2952.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (MAY 2004) (Reference 2901.603.71)

(a) A Contracting Officer's Representative (COR) will be delegated upon award. A copy of the delegation memorandum will be provided to the COR and a delegation letter sent to the vendor.

(b) The COR is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes.

G.2 PRE-CONSTRUCTION CONFERENCE

A pre-construction conference will be held at a place, time, and method to be determined by the Contracting Officer.

Notice to Proceed (NTP) will be issued at the Pre-construction conference. The Contractor is required to attend. Major subcontractors may attend but may not participate therein other than through the Contractor. The purpose of this conference is to review the contract procedures and to discuss questions in regards to the contract documents. The Contracting Officer or his/her representative will provide clarifications.

G.3 PROJECT MEETINGS

All progress meetings will be held at a place and time established, at the discretion of the Contracting Officer, for the purpose of coordination with the contractor and status updates of the project. Progress meetings will be scheduled on a weekly basis for the duration of construction through substantial completion. Meeting minutes resulting from the weekly progress meetings will be issued identifying, at a minimum: (a) topics discussed, (b) critical submittals and status, (c) actions required, responsible parties, and time frames to resolve, (d) progress achieved since last meeting, (e) Quality Control deficiencies and issues, and (f) photographs of construction progress. Two additional progress meetings will be held during the project completion and closeout phase of the project.

G.4 OPERATIONS, STORAGE AREAS AND SECURITY

All operations of the Contractor (including storage of materials) upon Government premises shall be confined to areas authorized or approved by the Contracting Officer. The Contractor shall erect whatever barriers or enclosures are necessary to define the site and protect the materials, equipment and work. The Contractor shall hold the Government, its officers and agents, and the Center Operating Contractor harmless from liability of any nature occasioned by its operations.

The Contractor shall comply with regulations governing the operations on the premises, which are occupied and shall perform the contract in a manner that will not interfere with the conduct of normal business.

All persons employed under this contract shall, while on the premises, observe the regulations in effect at the site, and are cautioned that entrance to any existing building outside the scope of the contract is forbidden, except by official permission.

CONTRACT ADMINISTRATION DATA

1605AE-22-B-00002

Renovation and Improvements to the Campus-Wide Storm Water Management Drainage System at the Delaware Valley Job Corps Center

The Contractor will be doing work on federally-owned or federally-controlled property. All persons employed under this contract, and sub-contracts issued herein under, are to observe security regulations in effect at the site. The Contractor and all persons employed under the contract are required to comply with established security, sign-in, and random search procedures.

All work that will affect or alter the normal operations of the Center is to be coordinated with the operating Contractor of the Center through the Contractor at least one week in advance. If the work requires partial or total interruption of utilities, two weeks written notice must be given.

The Contractor shall furnish and install barricades or enclosures necessary to keep all dust and debris away from the facilities that are to remain in use at the Center.

The Contractor shall carefully remove and relocate all salvageable material to such areas as designated by the Contracting Officer.

The Contractor and all persons employed under the contract will not be permitted to utilize the food service facilities at the Center.

The Contractor and all persons employed under the contract will not be permitted to fraternize with the Job Corps students or staff at the Center.

Under no condition will the Contractor or any persons employed under the contract be permitted to consume or transport any alcoholic beverages, drugs, or firearms on the site.

Any person found violating these or any, other conditions set forth in the contract document will be barred from the project.

In addition to the above, the Contractor shall be responsible to provide at least, but not limited to, the following:

Provide an appropriate security system and facilities to protect WORK from unauthorized entry, vandalism, and theft.

Employ such services or measures as needed to properly protect and safeguard WORK. Provide protection for materials, tools, and equipment employed on Project, including workmen’s tools.

The Government will not be held liable or responsible for damage or loss to Work due to trespass or theft.

G.5 PROJECT SAFETY

The Contractor shall be responsible for initiating,…