Solicitation 80KSC024R0005 eBPA.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

80KSC024R0005

TBD

JOHN F. KENNEDY SPACE CENTER, NASA

PROCUREMENT OFFICE CODE: OP-ES

KENNEDY SPACE CENTER, FL 32899

JOHN F. KENNEDY SPACE CENTER, NASA

Project Title: Multiple Award Electrical Construction Services Blanket Purchase Agreement (eBPA)

Description: NASA/KSC will award up to ten (10) Blanket Purchase Agreements (BPAs) for responding to unforeseen electrical related tasks at Kennedy Space Center, Merritt Island Wildlife Refuge, and Cape Canaveral Space Force Station. The intent of the electrical construction BPAs is to establish agreements of unknown, un-predetermined work for minor electrical construction and facility maintenance services for government owned properties. The Government anticipates awarding these BPAs for a potential maximum of five years each.

Project Location: Kennedy Space Center, Merritt Island Wildlife Refuge, and Cape Canaveral Space Force Station

JOHN F. KENNEDY SPACE CENTER, NASA

PROCUREMENT OFFICE CODE: OP-ES

KENNEDY SPACE CENTER, FL 32899

JOHN F. KENNEDY SPACE CENTER, NASA

N/A

OP-CS

Richard Baker 321-867-3616

N/A

1 4911/30/2023

1/17/2024

2:00 PM

*Individual eBPA Calls

AWARD (To be completed by Government)

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

OP-CS

John F. Kennedy Space Center, NASA Procurement Office Code: OP-CS Kennedy Space Center

NASA Shared Service Center (NSSC) Financial Management Division (FMD) - Accounts Payable Bldg.

1111, C. Road Stennis Space Center, MS 39529

See Attached

See Attached

SF 1442 Continuation Page Solicitation: 80KSC024R0005 Kennedy Space Center Electrical Services Blanket Purchase Agreement (eBPA)

Block 17.

CLIN 0001: Multiple Award Electrical Construction Services BPA (eBPA) Base Period of performance: Five (5) years after the date the Agreement is signed by the NASA Contracting Officer.

CALL 1: PCN99776: Replace Broken Light and Pole NW Parking Lot Pad-B Ops Building (J7-0689) & VAB W Parking Lot (K6 0848)……...…$_________________

CALL 2: PCN99777: Restore Power to P6-1382 and Install 75KVA Transformer to Pole 99-6……………………………….…………………..$_________________

Total of Call 1 and Call 2…..$_________________

Block 21.

CLIN 0001: Multiple Award Electrical Construction Services BPA (eBPA) Base Period of performance: Five (5) years after the date the Agreement is signed by the NASA Contracting Officer.

CALL 1: PCN99776: Replace Broken Light and Pole NW Parking Lot Pad-B Ops Building (J7-0689) & VAB W Parking Lot (K6 0848)…………..…To be awarded on a separate OF347

CALL 2: PCN99777: Restore Power to P6-1382 and Install 75KVA Transformer to Pole 99-6.…………………...…………… To be awarded on a separate OF347

(End Continuation page)

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

John F. Kennedy Space Center

BLANKET PURCHASE AGREEMENT (BPA)

(Reference FAR 13.303)

1. DESCRIPTION OF AGREEMENT

General Information – BPA Master Dollar Limit: $6,000,000.00 BPA Call Limit: Simplified Acquisition Threshold (SAT) Period of Performance: Five (5) years after the date the Agreement is signed by the NASA Contracting Officer

1.1 Description/Specifications

The purpose of this Blanket Purchase Agreement (BPA) is to establish an agreement of terms by which the Government may, but is not obligated to, purchase work for minor electrical construction projects for NASA - owned properties at Florida’s Kennedy Space Center and Cape Canaveral Space Force Station.

This BPA is not a contract; a contract will not be formed until a Call is awarded to the Contractor.

Contract provisions referenced herein are applicable to awarded Calls and are incorporated therein. The Contractor shall furnish all labor, equipment, and materials necessary to execute the electrical tasks for each BPA Call under this agreement. NASA anticipates awarding up to ten (10) BPAs for a potential maximum ordering period of five (5) years. No single BPA Call may exceed the SAT in total cost. The Electrical Construction Services Master Agreement Dollar Limit is $6,000,000.00 aggregate. The intent of this BPA is to provide the Government with a cost- effective rapid response process to respond to electrical-related tasks at Kennedy Space Center. FL. All work performed under a BPA Call shall be in compliance with all appropriate local, state, and federal rules, regulations, codes and laws, such as the National Electrical Code.

In accordance with FAR 13.303-3(a)(2), the Government is obligated only to the extent of authorized purchases/calls actually made under the BPA.

The goal of this BPA is to collaborate with local and regional single discipline (electrical) small businesses to introduce competition to increase response time and quality, and control cost. Most Calls issued under this BPA will be for single discipline electrical projects where the Government anticipates the BPA partner can solely accomplish in-house without support of other contractors. It is solely at the discretion of the BPA partner to utilize subcontractors or not. There is one known exception to the single discipline targeting - fire alarm repair and/or replacement projects. Due to the nature of fire alarm related projects and KSC’s existing fire alarm infrastructure, all quotes responding to a fire alarm (FA) based BPA Call require documentation of a subcontractor agreement with a licensed fire alarm subcontractor (valid NICET Level III or is licensed by the State of Florida as a Fire Alarm Contractor I in accordance with Florida State Statutes, Chapter 489 Part II) for the performance of all termination, programming, and testing requirements. Due to the importance surrounding life safety equipment and life safety system operational readiness to support NASA’s mission, the Government reserves the right to reject any FA subcontractor for previous poor past performance. The Government anticipates that projects performed under this agreement may require the contractor to provide an installation drawing signed and sealed by a Professional Engineer.

1.1.1. Type of Work

As part of a typical BPA Call against the BPA, NASA will provide a Statement of Work (SOW) to the Contractor to review and determine the level of effort required to complete the project. The work may include, but not be limited to, the following core capabilities:

Low Voltage

• Electric power control panel and receptacle installation

• Electrical equipment and appliance installation

• Fiber optic cable (except transmission lines) installation

• Low voltage electrical work typically 600V and below, Single and Three Phase Power.

• Traffic signal installation

• Alternative power generation, such as solar and wind

• Switchgear installation, low voltage

• Arc Flash Coordination Study, Calculations, and Labels.

• Electrical Professional Engineer (PE) signature verification of drawings and sketches.

• Transformer installation, low voltage

Lighting

• Highway, street and bridge lighting and electrical signal installation

• Lighting system installation

• Private driveway or parking area lighting

• Airport runway lighting

• Warehouse, stadium lighting

• Lighting retro-fit / replacement LED Fixture selection and installation

• Industrial Office lighting installation

Electronics

• Building automation system installation

• Communication equipment installation

• Control systems (e.g., environmental, humidity, temperature) installation

• Intercommunication (intercom) system installation

• Sound equipment installation

• Telecommunications equipment and wiring (except transmission line) installation

• Temperature control system installation

Alarm & Life Safety Support

• Alarm system (e.g. fire, burglar), electric, installation only

• Fire alarm system, electric, installation only

• Smoke detection system, installation only

• Burglar alarm system, electric, installation only

• Electronic Security System (ESS), card reader access, installation only

• Surveillance system, installation only

• Public address system installation

1.1.1.1 Engineering

Depending on the nature of a Call, a submittal of a signed and sealed installation drawing may be required prior to commencement of field work. The contents of the statement of work shall be considered the conceptual design for each RFP. The contractor shall engage the services of a Professional Engineer registered in the State of Florida to review the conceptual design provided within this RFP, perform necessary work to understand the basis for the design, then take responsible charge of the design by signing and sealing an installation drawing for the work.

1.1.2. Specifications

Each BPA Call will be accompanied by its own statement of work and applicable specifications and drawings.

1.1.3. Location/Place of Performance

Work under this BPA shall be performed at Kennedy Space Center (KSC), FL; Merritt Island Wildlife Refuge; and Cape Canaveral Space Force Station, FL.

The Program Office is located at:

National Aeronautics and Space Administration (NASA)

Mail Code: OP-CS Kennedy Space Center, Florida, 32899

The Kennedy Space Center itself does not actually have a physical address because it is comprised of many facilities spread out over 144,000 acres. It does have its own postal zip code of 32899. The Kennedy Space Center is located on Merritt Island, Florida, the center of which is north-northwest of Cape Canaveral on the Atlantic Ocean, midway between Miami and Jacksonville on Florida's Space Coast, due east of Orlando. It is 34 miles (55 km) long and roughly six miles (9.7 km) wide, covering 219 square miles (570 km2). Kennedy Space Center shares a boundary with the Merritt Island National Wildlife Refuge on Florida’s east coast, where nature and technology co-exist. Kennedy Space Center developed industrial and launch complex areas are comprised of 6,000 acres of land for facilities and roads, and has

7.8 million square feet of buildings, and 564 miles of roads, including 184 miles of paved and 380 miles of unpaved roads. The work area can include portions of the Cape Canaveral Air Force Station (CCAFS) to the east and the KSC Visitor’s Center to the west

1.1.4. Agreement Performance Period

The period of performance for this agreement shall span a five (5) year period. All BPA Calls shall be performed within the performance period specified under the individual Call.

1.1.5. Agreement Period.

Each BPA Call will establish its own period of performance for work.

1.1.6. Performance of Work.

• The Contractor shall furnish all personnel, material, equipment, and transportation required to perform the services required under each BPA Call statement of work.

• The Contractor shall be responsible for the conduct of all Contractor employees and shall inform the Contracting Officer (CO) of any complaints received.

• The Contractor shall ensure Contractor personnel are adequately trained or certified to meet the requirements of each BPA Call’s statement of work.

• The Contractor shall schedule work to minimize impact on facilities that are in use when possible.

• The Contractor shall restore at the Contractor’s expense, and no expense to the Government, any

Government property, including but not limited to, facilities, equipment, structures, land, natural resources, or other Government property damaged as a result of performing the requirements of this agreement and any associated BPA Calls. Repairs shall be made promptly and to the satisfaction of the CO. In addition, the damage shall be reported to the CO within 24 hours of the occurrence. All repairs or replacements made to Government property shall be done using quality workmanship and quality materials. The damaged property shall be repaired to an equal or better condition than existed prior to the damage. Materials used for replacement shall be new or good as new and shall not be worn out, damaged, or out of date.

• Any Contractor generated debris and rubbish shall be removed from the work site or placed in an appropriate container daily. Debris shall be removed and transported in a manner to prevent spillage on the roads, parking areas, and adjacent areas. The Contractor will be responsible for proper disposal of all materials at an approved disposal site.

1.1.7. Supplies, Materials and Equipment.

The Contractor shall furnish all supplies, materials and equipment required for performance of work described in each BPA Call’s statement of work. All supplies, materials, and equipment installed by the Contractor shall be new or will require approval by the CO.

1.2. Inspection And Acceptance

1.2.1. Systems Acceptance and Testing

Systems tests shall be performed as described below:

SYSTEMS

Systems tests shall be performed on fire protection, fire suppression, HVAC, compressed air and all other assemblies of components which must be tested as an inter-related whole to verify proper functioning.

1.2.2. Final Inspection and Acceptance

Final inspection and acceptance of all work under a Call will be conducted by the COR. Upon satisfactory completion of the BPA Call, the Contractor shall be paid the fixed-price value of the Call, less the amount of any progress payments made under FAR Clause 52.232.5, Payments Under Fixed-Price Construction Contracts, or FAR Clause 52.237-4, Payment by Government to Contractor.

NOTE: The Government will not pay final invoices until all punch-list, site clean-up, and demobilization activities are complete; final construction drawings are delivered; and final acceptance is made on DD Form 250, Material Inspection and Receiving Report.

1.3 Deliveries And Performance

1.3.1 Commencement and completion dates will be cited in the BPA Calls in accordance with FAR clause 52.211-10 Commencement, Prosecution, and Completion of Work.

1.3.2 Notification of Delay in Delivery Schedule

The contractor must acknowledge that the period of performance (POP) from the statement of work (SOW) can be met on their quote submission. If the contractor is unable to meet the POP, the contractor must state on their quote submission when the project can be completed. Additionally, if in the performance of a Call, the Contractor finds that it cannot perform as required, the Contractor shall promptly notify the Contracting Officer in writing and shall indicate when the Call will be accomplished.

If the Government grants an extension to the period of performance schedule, the Government may require consideration if the extension is due to no fault of the Government.

1.3.3. KSC Clause 52.211-92, WORK PERIOD (MAR 2002)

Contractor's workday will be limited to first shift 7:00 A.M. to 3:30 P.M. on Monday through Friday only. Any other work period will require special/ written approval from the Contracting Officer seven (7) days in advance of proposed change in work periods.

(End of Clause)

2. EXTENT OF OBLIGATION

• The Government is obligated only to the extent of authorized purchases actually made under the BPA.

• This Agreement will be effective for a period of five (5) years after the date the agreement is signed by the

NASA Contracting Officer.

• An annual review will be conducted to determine if updates to the BPA are required and to ensure that authorized procedures are being followed. (Reference FAR 13.303-6)

• This BPA provides for the unilateral discontinuance of this BPA upon 30 days written notice by either party.

3. PURCHASE LIMITATION AND SCHEDULE OF ITEMS

• Purchases under this agreement are limited to the Simplified Acquisition Threshold (SAT) per individual BPA Call.

• The total maximum amount of the BPA shall not exceed $6,000,000.00 aggregate for the duration of the Agreement(s).

• See Section 5.2 for information on BPA Calls.

4. ATTACHMENTS

• Unless otherwise stated, the attachments contained herein apply to the Blanket Purchase Agreement.

• Each individual Call will have its own attachments section as part of the project package.

Attachment

Attachment Title

Date

No. of Pages

J-1 Project Deliverables N/A 12

J-2 KSC Project Specific Requirements N/A 26

J-3 Department of Labor Wage Determination Number

FL20230001

10/20/2023 8

J-4 Blanket Purchase Agreement Site Specific Safety Plan

(PSHP)

TBD TBD

J-5 Lockout/Tagout Control Record, KSC Form 28-915 July 2002 1

J-6 Lockout/Tagout Lock Control Form, KSC Form 28-916 July 2002 1

J-7 Map of Kennedy Space Center, Merritt Island Wildlife Refuge and Cape Canaveral Air Force Station

N/A 1

J-8 ASB Badge Request Form 12/16/2022 2

5. AGREEMENT ADMINISTRATION

5.1 Individuals Authorized to Purchase Under the BPA.

• A designated warranted Contracting Officer will serve as the Contracting Officer on this BPA and all subsequent BPA Calls. They will have full warrant authority over all contract issues.

• A designated representative will serve as the Contracting Officer Representative on this BPA. Their delegated authority, responsibilities, and contact information will be defined on a delegation letter issued after agreement award.

5.2 BPA Calls.

• A BPA Call is a call against an existing blanket purchase agreement to request a service or product provided under the established agreement.

• All work will be awarded under individual BPA Calls.

• Each BPA Call will be accompanied by its own statement of work and specifications.

a) Each BPA Call will establish its own period for work and performance. The Government will provide drawings, specifications and other job details based on availability and project complexity.

Each Call will provide a unique set of supporting documentation. The Government will provide enough information at the initial Call level to clearly describe the proposed task. In addition, a Call may include a pre-bid scoping meeting where contractors can attend to confirm project intent and project scope . Note: this is not a construction site visit which will be held separately once the request for quote is issued.

b) "Or Equal" Items” - Throughout some of the technical specifications and drawings provided under a Call, where certain manufacturers’ trade names and model numbers are specified and followed by the term "or equal," the manufacturer's name and data as specified shall represent the minimum standard type, quality, and capacity acceptable for incorporation into the work covered by this contract. The products of other manufacturers will be considered as being acceptable, provided that such products fully meet or exceed all minimum structural or use and operational features of the particular manufacturers’ items as specified, and provided that the other manufacturers’ items are easily interchangeable and can be adequately incorporated within the allocated space in the building or structure. In all cases, the acceptability of "or equal" items shall be at the Contracting Officer's discretion, based upon data submitted by the Contractor in accordance with the requirements in the Call.

c) Omissions from the drawings or specifications provided by the Government, or the omission or misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work but they shall be performed as if fully and correctly set forth and described in the drawings and specifications.

d) The Contractor shall check all drawings furnished immediately upon their receipt and shall promptly notify the Contracting Officer of any discrepancies.

• Funding shall be applied under each individual BPA Call only.

• The Contract Clauses listed in this agreement, apply to each BPA Call.

• Each BPA Call will be competed among the awardees of the parent BPA and awarded based on the

Lowest Price..

• Changes to the Call may be executed only by a bilateral written modification to the Call.

• All Calls will be issued during the performance period of the Agreement.

• Calls will be issued only to contractors awarded under this parent Agreement.

• All contractors who are awarded an Agreement will submit pricing on every Call order. Even if it is a

“No Bid” response. Failure to respond within the timelines specified under a BPA Call solicitation will be treated as a “No Bid” response. If the Government does not receive quotes in response to a Call, the Government reserves the right to obtain the services outside of the BPAs. Repeated no responses to BPA Call solicitations may result in removal of the BPA holder from future BPA Calls.

• Call orders will be issued on a firm-fixed price basis.

• Once awarded, a BPA Call is a stand-alone contract and will require contract administration from award to closeout.

• Requests for quotation may only be made in writing. No oral quotes will be accepted.

5.3 Delivery Tickets

• Delivery Tickets are not applicable to this Agreement.

5.4 Invoices

• As per FAR 13.303-3(a)(6)(ii): “An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets.”

• As per NFS 1852.232-82 (Submission of Requests for Progress Payments) a SF 1443 is required to be submitted with any invoice, for all completed work made during a billing period and for which payment has not been received.

• Invoices shall be submitted electronically in accordance with NFS 1852.232-80 SUBMISSION

OF VOUCHER/INVOCES FOR PAYMENT (APR 2018)

a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD

Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

b) Except for classified vouchers, the Contractor shall submit all vouchers and invoices using the steps described at NSSC’s Vendor Payment information web site at:

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1-877- NSSC123 (1-877-677-2123) with any additional questions or comments.

c) Payment requests.

(1) The payment periods are stipulated in the payment clause(s) contained in this contract.

(2) Vouchers submitted under cost-type contracts and invoices submitted under fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant back-up documentation. Back-up documentation shall include at a minimum, the following information:

(i) Vouchers.

(A) Breakdown of billed labor costs and associated contractor generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred.

(B) Breakdown of billed other direct costs (ODCs) and associated contractor generated supporting documentation for billed ODCs.

http://www.nssc.nasa.gov/vendorpayment

(C) Indirect rate(s) used to calculate the amount of billed indirect expenses.

(D) Progress reports, as required.

(ii) Invoices.

(A) Description of goods and services delivered as part of the contract’s terms and conditions, including the dates of delivery/performance.

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

(A) Listing of all provisionally-billed fee by period or date earned since contract award.

(B) A reconciliation of all billed and earned fee.

(C) A clear explanation of the fee calculations.

d) Non-electronic payment requests. The Contractor may submit a non-electronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor.

(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment requests. In such instances the Contractor agrees to submit non-electronic payment requests using the method or methods specified in Section G of the contract

e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoices within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (b) of this section.

f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

g) In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate payment request for the amount withheld will be required before payment for that amount may be made.

(End of clause) http://www.nssc.nasa.gov/vendorpayment

• Invoice shall include the following, at a minimum:

o Contractor Name & Address o BPA Parent Contract number o BPA Call Task Order Number o Invoice Number o Invoice Date o Description of Services or work completed.

o Date of services or completion.

• Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Contractors are encouraged to assign an identification number to each invoice.

5.5 Certified Payrolls. Certified payrolls for Construction must be provided to the Contracting Officer in accordance with FAR Clause 52.222-8, incorporated in this BPA and associated BPA Calls by reference. For each BPA Call, the contractor shall furnish all certified payrolls covering payments to laborers and mechanics for on-site work. The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer for each active BPA Call.

5.6 Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to

Proceed from the Government. The notice to proceed shall be issued once all pre-work documentation has been received and approved.

5.7 Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this BPA and/or future BPA Calls notwithstanding any provisions contained elsewhere in this agreement the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the BPA Call price to cover any increase in costs incurred as a result thereof.

5.8 Designation of Authorized Representative of the Contractor. The Contractor shall assign an employee who will act as project manager during the course of this BPA and during the course of a BPA Call. The official shall be responsible for affording liaison between the contractor and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer within 10 days after award of the parent BPA, and upon any changes of the project manager.

5.9 Release Of Claims. Following completion and acceptance of any work performed (including return of

Government furnished property and site cleanup), final payment will be made. A release of claims against the Government is required for all BPA Calls following the Call performance end date. The release of claims does not include claims arising under the Calls, in stated amounts, which the Contractor specifically exempts from the operation of the release.

6. ADDITIONAL INFO/SPECIAL AGREEMENT AND BPA CALL REQUIREMENTS

6.1 Pre-Work Conference.

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements and safety. Also at this meeting, such items as work progress schedule, quality control, Site Specific Safety Plan (SSSP) (Attachment J-4), and worksite plans shall be finalized in writing. The notice to proceed is issued after the meeting. No physical work may begin until the SSSP is approved.

The contractor may be required to submit to the CO, installation drawings that are signed and sealed by a Professional Engineer registered in the State of Florida, that encompass the scope of the project. On-Site work shall not commence until the submittal is accepted by the government.

6.2 NFS 1852.243-72 EQUITABLE ADJUSTMENTS (APR 1998)

(a) The provisions of all other clauses contained in this contract which provide for an equitable adjustment, including those clauses incorporated by reference with the exception of the "Suspension of Work" clause (FAR 52.242-14), are supplemented as follows:

Upon written request, the Contractor shall submit a proposal for review by the Government. The proposal shall be submitted to the contracting officer within the time limit indicated in the request or any extension thereto subsequently granted. The proposal shall provide an itemized breakdown of all increases and decreases in the contract for the Contractor and each subcontractor in at least the following detail: material quantities and costs; direct labor hours and rates for each trade; the associated FICA, FUTA, SUTA, and Workmen's Compensation Insurance; and equipment hours and rates.

(b) The overhead percentage cited below shall be considered to include all indirect costs including, but not limited to, field and office supervisors and assistants, incidental job burdens, small tools, and general overhead allocations. "Commission" is defined as profit on work performed by others. The following percentages for overhead, profit, and commission are negotiated for this contract according to the nature, extent, and complexity of the work involved and shall not be exceeded on any equitable adjustments. These rates are negotiable, downward only, if the nature, extent, and complexity of the work involved on an equitable adjustment are not commensurate with the basic contract.

Overhead

(Percent) Profit (Percent)

Commission

To Contractor on work performed by other than its own forces ----- ----- 10 percent

To first tier subcontractor on work performed by its subcontractors ----- ----- 10 percent

To Contractor and/or subcontractors on work performed with their own forces 10 percent 10 percent -----

(c) Not more than four percentages for overhead, profit, and commission shall be allowed regardless of the number of subcontractor tiers.

http://www.arnet.gov/far/current/html/52_241_244.html#1046680 http://www.arnet.gov/far/current/html/52_241_244.html#1046680

(d) The Contractor or subcontractor shall not be allowed overhead or commission on the overhead, profit, and/or commission received by its subcontractors.

(e) Equitable adjustments for deleted work shall include credits, limited to the same percentages for overhead, profit, and commission in paragraph (b) of this clause.

(f) On proposals covering both increases and decreases in the amount of the contract, the application of the overhead, profit, and commission shall be on the net change in direct costs for the Contractor or the subcontractor performing the work.

(g) After receipt of the Contractor's proposal, the contracting officer shall act within a reasonable period, provided that when the necessity to proceed with a change does not permit time to properly check the proposal, or in the event of a failure to reach an agreement on a proposal, the contracting officer may order the Contractor to proceed on the basis of the price being determined at the earliest practicable date. In such a case, the price shall not be more than the increase or less than the decrease proposed.

6.3 KSC 52.223-121 REPORTING OF INCIDENTS INVOLVINGWORKPLACE VIOLENCE

(JUL 2018)

The contractor shall conduct training on and develop procedures for recognizing, managing and responding to incidents and threats of workplace violence as defined in NASA Policy Directive (NPD) 1600.3, Policy on Prevention of and Response to Workplace Violence. Contractors shall also promptly report all incidents involving workplace violence to the Protective Services Office. If the NASA Threat Assessment Team (TAT) Chair and Co- Chair determine it is appropriate for the contractor to participate in a TAT meeting, the contractor shall comply with the TAT request. The contractor is also responsible for reporting disposition of the incident reported to the NASA TAT.

This requirement shall flow down to the subcontractors, however the subcontractors shall report up through the prime contractor.

6.4 KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTORS’ ACTIVITIES (JUL

2018)

The Contractor shall comply with the publications listed and those checked as applicable below, and subsequent revision thereof, that the Contracting Officer has indicated as being incorporated in this contract by reference. These publications prescribe regulatory and procedural criteria which are applicable to this contract. The contractor shall promptly take corrective action upon notice of noncompliance from the Contracting Officer or his/her authorized representative(s) with any provision of the publications listed below.

The Contractor shall comply with the following publication, which can be found at https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=4A :

NPR 1600.4A, Identity and Credential Management

The Contractor shall comply with the following publications and those publications checked as applicable below. These documents can be found at http://procurement.ksc.nasa.gov/PPD/documents :

KNPR 8715.2, Comprehensive Emergency Management Plan (CEMP) KNPR 1600.1, KSC Security Procedural Requirements KNPR 8500.1, KSC Environmental Management Requirements KNPR 8715.3, KSC Safety Procedural Requirements KNPD 1600.3, Use of Alcoholic Beverages on Kennedy Space Center (KSC) Property

Check if applicable:

[ ]KNPD 1810.1 KSC Occupational Medicine Program [ ]KNPR 1860.1 KSC Ionizing Radiation Protection Program [ ]KNPR 1860.2 KSC Nonionizing Radiation Protection Program [X]KNPR 1820.3 KSC Hearing Loss Prevention Program [X]KNPR 1820.4 KSC Respiratory Protection Program [X]KNPR 1840.19 KSC Industrial Hygiene Programs [ ]45SWI40-201 45th Space Wing Instruction 40-201 Radiation Protection Program [ ]KNPR 1840.1 KSC Hazard Communication Program [X]KNPR 1870.1 KSC Sanitation and Public Health Program [ ]KNPR 2570.1 KSC Radio Frequency Spectrum Management Procedural Requirements [X]KNPR 4000.1 Supply and Equipment System Manual [ ]KNPR 6000.1 KSC Transportation Support System Manual [X]KNPR 8715.7 KSC Construction Contractor Safety and Health Practices Procedural Requirements [ ]KNPR 8830.1 Facility Asset Management Procedural Requirements

6.5 KSC 52.222-6 SPECIAL ENCLAVE STATUS FOR KENNEDY SPACE CENTER (APR

2022)

Pursuant to FAR 52.222-6, Construction Wage Rate Requirements:

The Kennedy Space Center (KSC) is part of a special enclave within Brevard County which includes the geographic area consisting of KSC, Cape Canaveral Space Force Station, and Patrick Air Force Base, as specified in the attached wage determination. The Department of Labor (DOL) designated KSC as a part of this special enclave in the 1960's during construction of the launch complex. The labor classifications and prevailing wages differ significantly from those contained in wage determinations for the surrounding areas and the process of determining the proper labor classifications for work to be performed may differ significantly from that in a non-enclave environment. Offerors should contact the DOL for instructions concerning selection of proper labor classifications for all KSC construction projects within this special enclave. The DOL local office phone numbers are (321) 242-1851/office and (321) 614-8823/mobile.

The selection of the proper labor classifications from the solicitation's wage determination for the pricing of bids/proposals is the responsibility of the offeror in consultation with the DOL. Post award the contractor https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&amp%3Bc=1600&amp%3Bs=4A http://procurement.ksc.nasa.gov/PPD/documents should continue to be aware of any potential impact KSC's special enclave status might have during contract performance (e.g. contract modifications). It is incumbent upon the offeror to make potential subcontractors aware of KSC's special enclave status and to instruct them to contact DOL for instructions for choosing the proper labor classifications. The Agency will not make any official determination as to the proper labor classifications for work described in this solicitation.

The successful offeror shall be solely responsible for the employment of workers with the proper skills and payment of them in accordance with FAR 52.222-6, Construction Wage Rate Requirements, and the solicitation's wage determination. The Agency will monitor contractor compliance in accordance with 29 CFR

5.5. Non-compliance will be reported to the DOL. DOL will determine compliance with the Act and decide on enforcement actions. Any disputes concerning labor standards requirements will be handled by the DOL in accordance with FAR 52.222-14, Disputes Concerning Labor Standards.

7. CLAUSES

FAR 52.252-2 Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

FAR site: https://www.acquisition.gov/browse/index/far NFS site: http://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

Clause No. Contract Clause Title, Description (when applicable) and Effective Date FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun

2020) FAR 52.204-13 System for Award Management Maintenance (Oct 2018) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021) FAR 52.204-27 Prohibition on a ByteDance Covered Application. (Jun 2023) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) FAR 52.211-5 Material Requirements (Aug 2000) FAR 52.213-4 Terms and Conditions – Simplified Acquisitions (Other Than Commercial Items)

(June 2023) FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) FAR 52.219-28 Post-Award Small Business Program Representation ( Sep 2023) FAR 52.222-3 Convict Labor (Jun 2003) FAR 52.222-6 Construction Wage Rate Requirements (Aug 2018) FAR 52.222-7 Withholding of Funds (May 2014) https://www.acquisition.gov/browse/index/far http://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

FAR 52.222-8 Payrolls and Basic Records (Jul 2021) FAR 52.222-9 Apprentices and Trainees (Jul 2005) FAR 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) FAR 52.222-11 Subcontracts (Labor Standards) (May 2014) FAR 52.222-12 Contract Termination—Debarment (May 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(May 2014) FAR 52.222-14 Disputes Concerning Labor Standards (Feb 1988) FAR 52.222-15 Certification of Eligibility (May 2014) FAR 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment (Jun 2020) FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26 Equal Opportunity (Sep 2016) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) FAR 52.222-35 Equal Opportunity for Veterans (Jun 2020) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) FAR 52.222-37 Employment Reports on Veterans (Jun 2020) FAR 52.222-50 Combating Trafficking in Persons (Nov 2021) FAR 52.222-54 Employment Eligibility Verification (May 2022) FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022) FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (Sep 2013) FAR 52.223-6 Drug-Free Workplace (May 2001) FAR 52.223-14 Acquisition of EPEAT® -Registered Televisions (Jun 2014) FAR 52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020) FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction

Contracts (Aug 2018) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) FAR 52.223-20 Aerosols (Jun 2016) FAR 52.223-21 Foams (Jun 2016) FAR 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) FAR 52.227-1 Authorization and Consent (Jun 2020) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020) FAR 52.228-14 Irrevocable Letter of Credit (Nov 2014) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) FAR 52.232-23 Assignment of Claims (May 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) FAR 52.232-36 Payment by Third Party (May 2014) FAR 52.232-37 Multiple Payment Arrangements (May 1999) FAR 52.233-1 Disputes (May 2014) FAR 52.233-3 Protest after Award (Aug 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.236-5 Material and Workmanship (Apr 1984) FAR 52.236-6 Superintendence by the Contractor (Apr 1984) FAR 52.236-7 Permits and Responsibilities (Nov 1991)

FAR 52.236-8 Other Contracts (Apr 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (Apr 1984) FAR 52.236-10 Operations and Storage Areas (Apr 1984) FAR 52.236-11 Use and Possession Prior to Completion (Apr 1984) FAR 52.236-12 Cleaning Up (Apr 1984)

FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR1984)

FAR 52.236-17 Layout of Work (Apr 1984) FAR 52.236-21 Specifications and Drawings for Construction (Feb 1997) FAR 52.236-26 Preconstruction Conference (Feb 1995)

FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

FAR 52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)

FAR 52.243-5 Changes and Changed Conditions (Apr 1984) FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (JUN 2023) FAR 52.245-1 Government Property (Sep 2021) FAR 52.245-9 Use and Charges (Apr 2012) FAR 52.246-21 Warranty of Construction (Mar 1994) Alternate I (Apr 1984) FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr

1984) FAR 52.249-10 Default (Fixed-Price Construction) (Apr 1984) FAR 52.253-1 Computer Generated Forms (Jan 1991)

FAR 52.225-9 BUY AMERICAN - CONSTRUCTION MATERIALS (OCT 2022)

(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—

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

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

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

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

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

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

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or https://www.acquisition.gov/far/part-2#FAR_2_101

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

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

(ii) A construction material manufactured in the United States, if– (A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029.