Solicitation N40080-18-R-0002 X025..pdf

NAVAL FACILITIES ENGINEERING COMMAND, WASHINGTON

22445 PEARY ROAD, BUILDING 504

PATUXENT RIVER, MARYLAND 20670

POC: Keetje Straub, (202)735-4002, keetje.f.straub.civ@us.navy.mil

Blue Small Business Multiple Award Construction Contract

(BLUE SB MACC)

NAVFAC WASHINGTON

PROPOSED TASK ORDER:

B115 Life Extension Center- Lean-to Construction

Solicitation N40080-18-R-0002 X025 Dated: 29 May 2024

PLEASE NOTE THIS TASK ORDER IS SET ASIDE FOR THE FOLLOWING SB MACC

CONTRACTORS.

BLUE MACC CONTRACT HOLDERS:

N40080-21-D-0022

G-W Management Services, LLC

5010 Nicholson Lane, Suite 200

Rockville, MD 20852

DUNS - 017223780, CAGE - 1TN82

POC: Andrew J. Phillips, Loren Raap, Julie Sullivan

Office: 301-881-8517

Email: APhillips@G-WMS.com; lraap@g-wms.com;

jsullivan@g-wms.com

N40080-21-D-0023

Biscayne Contractors, Inc.

5845 Richmond Hwy Ste 500

Alexandria, VA, 22303-1865

DUNS – 153637491 CAGE - 0PL71

POC: Frank Zawitosk Office:

Email: Frank@biscayne.build; tim@biscayne.build

N40080-21-D-0024

Tuckman-Barbee Construction Co., Inc.

16000 Trade Zone Avenue, Suite 102

Upper Marlboro, MD 20774

DUNS - 009799768, CAGE - 1CJZ9

POC: Matthew J. Bonzella, Cindy Turney

Office: 301-390-1700

Email: Bonzella@tuckman.com;

cturney@tuckman.com; estimating@tuckman.com

N40080-21-D-0025

C.E.R, Inc.

1520 Caton Center Drive, Suite A

Baltimore, MD 21227

DUNS - 118226596, CAGE - 0DPW4

POC: Paul Rosseau, Michael Phillips

Office: (410) 247-9096, 410-247-9096

Email: prosseau@cerinc.com; Mphillips@cerinc.com

N40080-21-D-0026

Belt Built-CFM JV

2139 Espey Court, Suite 6

Crofton, MD 21114

DUNS - 167874614, CAGE – 32AZ2

POC: Chris Izydore

Office: 443-354-4077

Email: Cizydore@beltbuildllc.com;

thirsch@beltbuiltllc.com; chris@cfmprojects.com

N40080-21-D-0027

EGI HSU, JV, LLC

507 N Frederick Ave

Gaithersburg, MD, 20877-2506

DUNS - 827923850, CAGE - 56EY0

POC: Alberto Duchovny; Tori Thomas, Robert

Thomas

Office: 301-294-3300

Email:alberto@egi-corp.com; t.ernsting@egicorp.com;

r.thomas@hsbuilders.com;

Project Title: B115 Life Extension Center- Lean-to Construction Solicitation No.: N40080-18-R-0002 X025 Project Location: NAS Patuxent River, Maryland

N40080-21-D-0028

Desbuild EGMS JV LLC

4744 Baltimore Ave

Hyattsville, MD 20781

DUNS - 080391629, CAGE – 7QRQ3

POC: Ananth Badrinath/Ravi Vasist

Office: (301) 864-4095 x5918

Email: AnanthB@desbuild.com;

PrakashH@desbuild.com; ravi@egmsinc.com

N40080-21-D-0029 Tidewater, Inc.

6625 Selnick Drive Suite A

Elkridge, MD, 21075-6220

DUNS - 837142470 , CAGE – 1HMG8

POC: Fergus Donaldson

Office: (410) 540-8700

Email: fergus.donaldson@tideh2o.net;

sara.brocki@tideh2o.net; andrew.davis@tideh2o.net

PROPOSAL PREPARATION

The costs for preparation of this Task Order proposals, shall be the responsibility of the contractors and not reimbursable. All contractors shall propose on each Request for Proposal (RFP) issued under this contract, unless a written determination is forwarded to the Contracting Officer/Ordering Officer which documents why a contractor is unable to propose. This written determination will be forwarded to the

Contracting Officer/Ordering Officer within 5 days after receipt of the RFP.

All amendments, drawings, and specifications will be distributed to the POCs listed on the front page via

SAM.gov. Once the files are uploaded, an email will be sent by Keetje Straub at keetje.f.straub.civ@us.navy.mil.

GENERAL REQUIREMENTS

(Clauses incorporated in the Base Contract apply to this solicitation)

NAVFAC Solicitation No.: N40080-18-R-0002 X025

NAVFAC Specification Work Order No.: 1665143

NAVFAC ACQR No.: 6046458

Title: B115 Life Extension Center- Lean-to Construction

Location of the Work: Naval Air Station, (NAS) Patuxent River, Maryland

Description of the Work:

The scope of work includes but is not limited to providing all labor, materials, equipment, and supervision to the development of:

Base Requirement; CLIN 0001:

H115 Center Lean-to – Full DBB design to repair and renovate the interior of lean-to to meet all building codes. All Fire Protection systems require replacement, including the under slab fire water supply lines.

Replacement of the under slab sanitary sewer lines is also required. The first floor includes an explosive safety room and the 2nd floor requires secure spaces with intrusion detection systems. Roof Hatch to be relocated and replaced.

Project Title: B115 Life Extension Center- Lean-to Construction Solicitation No.: N40080-18-R-0002 X025

Option Item; CLIN 0002:

Planned Modification Package 1 - Price includes the following: Price to procure and supervise installation of the Maintenance Control Temporary Roadside Furniture, Fixtures, and Equipment (FF&E) complete in accordance with the plans and specifications and in accordance with the schedule.

Option Item; CLIN 0003:

Planned Modification Package 2 - Price includes the following: Price to procure and supervise installation of the Overall Center Lean to Furniture, Fixtures, and Equipment (FF&E) complete in accordance with the plans and specifications and in accordance with the schedule

Estimated Budget Amount: In accordance with FAR 36.204(h), Disclosure of the Magnitude of

Construction Projects, the estimated price range for this project is more than $10,000,000.

NAICS CODE: 236220 – Commercial and Industrial Building Construction.

Time for Completion: In accordance with FAR 52.211-10 Commencement, Prosecution, and

Completion of Work, the Government desires completion of construction within 630 calendar days after award (includes 15 calendar days for submission and approval of bonds and insurance).

Wage Determination: Department of Labor (DoL) General Decision Number MD20240055 05/17/2024 applies to this work. Should this wage determination be modified by DoL prior to award, the most current wage determination will be incorporated at the time of award.

Liquidated Damages: In accordance with FAR 52.211-12 Liquidated Damages – Construction, Liquidated Damages will be assessed in the amount of $2,160.00 for each calendar day of delay. Please be advised that your technical POC is to provide the LDs when the package is submitted to contracts.

Utilities: In accordance with FAR 52.236-14 Availability and Use of Utility Services, when available, the Government will provide reasonable amounts of electric, water and compressed air for the work to be performed under this contract at no cost to the contractor. Add rates if Utilities are paid by the

Contractor.

Record Shop Drawings: In accordance with FAR 52.236.21 Specifications and Drawings for

Construction, record shop drawings are required. Reproducible copies of these record drawings are also required.

Basis for Award: This task order will be awarded on a fair opportunity basis pursuant to FAR 16.505 ordering procedures. The basis for award will be lowest evaluated price.

Bond Requirements: In accordance with FAR 52.228-1 Bid Guarantee, each offeror shall submit with its offer a guarantee bond (Standard Form 24) in a penal sum equal to at least 20 percent of the largest amount for which award can be made under the offer submitted, but in no case to exceed $3,000,000. In accordance with FAR 52.228-15 Performance and Payment Bond – Construction, Performance and

Payment Bonds are required from the awardee and shall be submitted for approval to the Contracting

Officer within 15 days after award of the Task Order. Commencement of construction is contingent upon approval of required bonds.

Project Title: B115 Life Extension Center- Lean-to Construction Solicitation No.: N40080-18-R-0002 X025

Proposal Acceptance Period: Proposal acceptance period shall be 120 days from receipt of offers.

OFFERORS ARE ADVISED THAT FUNDING MAY NOT BECOME AVAILABLE. IF FUNDS ARE

NOT AVAILABLE, NO AWARD WILL BE MADE AS A RESULT OF THIS SOLICITATION.

OFFERORS WILL NOT BE REIMBURSED FOR ANY EFFORT OR PROPOSAL COSTS

RESULTING FROM THIS SOLICITATION.

Site Visit: Site visit is scheduled for Thursday, June 6, 2024 at 10:30 AM (EST). The site visit will begin in the front of Building 504, Patuxent River Naval Air Station, Maryland. After a brief description of the project we will conduct the site visit. Base Access Requests shall be submitted via email to Keetje

Straub at keetje.f.straub.civ@us.navy.mil by Monday, 3 June 2024 at 12:00 PM (EST). There will only be one Government sponsored site visit.

Pre-Proposal Inquiries (PPI) Offerors who determine that the technical and or contractual requirements of this RFP require clarification(s) in order to permit submittal of a responsive proposal shall submit all questions in writing. All inquiries must be made in writing and shall be submitted via email to Keetje

Straub at keetje.f.straub.civ@us.navy.mil no later than Tuesday, 11 June 2024 by 2:00 PM (EST).

with inquiries attached as a Word document (no tables please). Do not submit the same inquiry more than once. Please verify that inquiries submitted by you on behalf of your subcontractors are not duplicates. A response will be published via an amendment.

Proposal Due Date: Tuesday, 25 June 2024 no later than 2:00 pm (EST).

LATE PROPOSALS WILL NOT BE CONSIDERED.

Proposals may be submitted electronically, sent via courier service such as FedEx/UPS or hand delivered.

Facsimile copies will NOT be accepted.

PROPOSALS SHALL BE EMAILED TO: Keetje Straub at keetje.f.straub.civ@us.navy.mil. It is highly recommended to add a read receipt to your email submission. Facsimile transmissions of proposals, acknowledgements of amendments, or modifications to proposals are not authorized. The proposal must be submitted via email to ALL of the emails listed above. Subject line should contain the

ACQR number a, Project Title, and contractor information.

If the proposal is submitted electronically a copy of the bid guarantee will be acceptable however an original of the bid guarantee must be received 2 days after receipt of the proposal.

All proposals must be received PRIOR to the due date and time. Any proposals received after the time set for receipt will be stamped with the date and hour of receipt and held unopened until after award. The file shall be documented in accordance with FAR 15.208(h). This includes email. Electronic submissions MUST be received on or before the due date and time. A proposal received at 2:01 PM or later in the Contract Specialist electronic “Inbox” will be considered late.

Please review your MACC award document for guidance on contract clauses and requirements that may pertain to this order. You are responsible to adhere to all applicable clauses, even if they are not restated in this RFP package or the task order award document. For clarification on any clause or other contractual issue please contact Keetje Straub at keetje.f.straub.civ@us.navy.mil.

Project Title: B115 Life Extension Center- Lean-to Construction Solicitation No.: N40080-18-R-0002 X025

MACC Contractors may elect not to submit a proposal however, the contractor must notify the Contract

Specialist, Ms. Keetje Straub at keetje.f.straub.civ@us.navy.mil in writing within two business days of

RFP issuance, and state the reasons why.

Fair Opportunity:

This request is conducted under the fair opportunity guidelines of FAR 16.505(b), which outlines the ordering procedures for orders issued under multiple-award contracts. Award will be based on a determination of best value to the government, price and other factors considered. “Best value” means the expected outcome of an acquisition that, in the government’s estimation, provides the greatest overall benefit in response to the requirement. Best value evaluation is, in and of itself, a subjective assessment by the government of the proposed solution that provides the optimal results to the Government.

This method does not use any aspects of FAR subpart 15.3. The use of this fair opportunity process does not obligate the government to determine a competitive range, conduct discussion with any contractors, solicit proposals or revisions thereto, or use any other source selection techniques associated with FAR subpart 15.3.

NOTE THE FOLLOWING:

• The Government intends to evaluate proposals and issue a task order without discussions.

Therefore, each initial offer should contain the offeror’s best terms from a price standpoint.

However, the Government reserves the right to conduct discussions if later determine by the

Contracting Officer to be necessary.

• Any changes to the scope of work, technical specifications, or drawings will be issued on a

Standard Form (SF) 30.

• This request does not constitute a notice to proceed nor shall it be considered as a commitment on the part of the Government.

• Any costs incurred prior to issuance of a task order cannot be reimbursed. Offeror’s will not be reimbursed for any effort or proposal costs resulting from this solicitation.

• Offeror’s are advised that funding may not become available. If funds are not available, no award will be made as a result of this solicitation.

• If funding becomes available, the successful Offeror will be issued a task order under their contract, as set forth in DFARS 252.216-7006, ordering.

Basis for Award:

1. The proposed task order will be awarded to the responsible offeror offering the best value to the

Government. For this order, the best value is expected to result from selection of the proposal with the lowest evaluated price. To make a determination of best value, the Government shall evaluate each offeror on price only.

2. Submittal Requirements and Basis of Evaluation.

Project Title: B115 Life Extension Center- Lean-to Construction Solicitation No.: N40080-18-R-0002 X025

Price:

(1) Solicitation Submittal Requirements – Offeror shall submit the following:

• Cover page that includes:

- Solicitation Number & Title

- Prime Contractor Name, Address, Phone Number, DUNS, and Cage

Code

- Point of Contact Name, Phone Number, and Email

• Price Proposal Form

• Amendments Acknowledged (if applicable)

• Bid Guarantee

(2) Basis of Evaluation – The Government will evaluate price based on the total price. Total price consists of the basic requirements and all option items (CLINs 0001-0003). The

Government intends to evaluate all options in accordance with FAR 52.217-5, Evaluation of

Options (JUL 1990). In accordance with FAR 52.217-5, Evaluation of Options will not obligate the Government to exercise the option(s). Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

i. Comparison of proposed prices received in response to the RFP.

ii. Comparison of proposed prices with the IGCE. iii. Comparison of proposed prices with available historical information.

iv. Comparison of market survey results

The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract; to negotiate with offerors in the competitive range; and to award the contract to the Offeror submitting the lowest evaluated price proposal.

The Government intends to evaluate proposals and issue a task order without discussions (except clarifications as described in FAR 15.306(a)). Therefore, each initial offer should contain the offeror’s best terms from a price standpoint. However, the Government reserves the right to conduct discussions if later determine by the Contracting Officer to be necessary. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

ATTACHMENTS: See attached PDF Files labeled as follows:

ATTACHMENT A - Specifications

ATTACHMENT B – Drawings

ATTACHMENT C – FF&E

ATTACHMENT D – CATEX

ATTACHMENT E – Base Access Request Form

ATTACHMENT F – Pre Proposal Inquiry Form

ATTACHMENT G – B115 Life Extension Price Schedule (Bottom of this doc)

Project Title: B115 Life Extension Center- Lean-to Construction Solicitation No.: N40080-18-R-0002 X025

CONTRACT CLAUSES

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the Notice of Award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the number of calendar days listed in the table below:

CLIN Option Description Delivery Date

0001 Base H115 Center Lean-to – Full DBB design to repair and renovate the interior of lean-to to meet all building codes.

All Fire Protection systems require replacement, including the under slab fire water supply lines.

Replacement of the under slab sanitary sewer lines is also required. The first floor includes an explosive safety room and the 2nd floor requires secure spaces with intrusion detection systems. Roof Hatch to be relocated and replaced.

630 calendar days

After award date of contract

0002 FF&E

Package

Planned Modification Package 1 - Price includes the following: Price to procure and supervise installation of the Maintenance Control Temporary Road side Furniture, Fixtures, and Equipment (FF&E) complete in accordance with the plans and specifications and in accordance with the schedule.

60 calendar days

After award date of

Mod and will not extend the CCD

0003 FF&E

Package

Planned Modification Package 2 - Price includes the following: Price to procure and supervise installation of the

Overall Center Lean to Furniture, Fixtures, and Equipment

(FF&E) complete in accordance with the plans and specifications and in accordance with the schedule

570 after award

And Will not extend the CCD

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 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 $2,160.00 per calendar day.

(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.

52.211-18 -- Variation in Estimated Quantity (Apr 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable

Project Title: B115 Life Extension Center- Lean-to Construction Solicitation No.: N40080-18-R-0002 X025 adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract.

Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

(End of Clause)

52.217-5 Evaluation of Options.

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.228-1 -- BID GUARANTEE (Sep 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds –

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00 whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default. (e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision) https://www.acquisition.gov/far/17.206#FAR_17_206

Project Title: B115 Life Extension Center- Lean-to Construction Solicitation No.: N40080-18-R-0002 X025

52.228-15 -- Performance and Payment Bonds -- Construction (Oct 2010)

(a) Definitions. As used in this clause --

“Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance Bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid

Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of Treasury

Financial Management Service

Surety Bond Branch

3700 East West Highway, Room 6F01

Hyattsville, MD 20782

Or via the internet at http://www.fms.treas.gov/c570/

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

Project Title: B115 Life Extension Center- Lean-to Construction Solicitation No.: N40080-18-R-0002 X025

(End of Clause)

NOTICE OF BONDING REQUIREMENTS

Within 15 days after receipt of award, the bidder/offeror to whom the award is made shall furnish the bonds required by FAR Clause 52.228-15.

Bidders/offerors are hereby notified that the contract time for purposes of fixing the completion date, default, and liquidated damages will be as stated in FAR Clause 52.211-10 Commencement, Prosecution, and Completion of Work, regardless of when performance and payment bonds or deposits in lieu of surety are executed.

(End of NAVFAC language)

252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)

(a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless—

(1) The Contracting Officer has given prior written approval; or

(2) The information is otherwise in the public domain before the date of release.

(b) Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 45 days before the proposed date for release.

(c) The Contractor agrees to include a similar requirement in each subcontract under this contract.

Subcontractors shall submit requests for authorization to release through the prime contractor to the

Contracting Officer.

52.232-27 -- Prompt Payment for Construction Contracts (Jan 2017)

Notwithstanding any other payment terms in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (a)(3) concerning payments due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments --

(1) Types of invoice payments. For purposes of this clause, there are several types of invoice payments that may occur under this contract, as follows:

(i) Progress payments, if provided for elsewhere in this contract, based on Contracting Officer approval of the estimated amount and value of work or services performed, including payments for reaching milestones in any project:

Project Title: B115 Life Extension Center- Lean-to Construction Solicitation No.: N40080-18-R-0002 X025

(A) The due date for making such payments is 14 days after the designated billing office receives a proper payment request. If the designated billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment due date shall be the 14th day after the date of the

Contractor’s payment request, provided the designated billing office receives a proper payment request and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(B) The due date for payment of any amounts retained by the Contracting Officer in accordance with the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, is as specified in the contract or, if not specified, 30 days after approval by the by the Contracting Officer for release to the Contractor. (ii)

Final payments based on completion and acceptance of all work and presentation of release of all claims against the Government arising by virtue of the contract, and payments for partial deliveries that have been accepted by the Government (e.g., each separate building, public work, or other division of the contract for which the price is stated separately in the contract).

(A) The due date for making such payments is the later of the following two events:

(1) The 30th day after the designated billing office receives a proper invoice from the Contractor.

(2) The 30th day after Government acceptance of the work or services completed by the Contractor. For a final invoice when the payment amount is subject to contract settlement actions (e.g., release of claims), acceptance is deemed to occur on the effective date of the contract settlement.

(B) If the designated billing office fails to annotate the invoice with the date of actual receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor’s invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirement.

(2) Contractor’s invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(2)(i) through

(a)(2)(xi) of this clause. If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt, with the reasons why it is not a proper invoice. When computing any interest penalty owed the Contractor, the Government will take into account if the

Government notifies the Contractor of an improper invoice in an untimely manner.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for work or services performed (including order number and line item number).

(iv) Description of work or services performed.

(v) Delivery and payment terms (e.g., discount for prompt payment terms).

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) For payments described in paragraph (a)(1)(i) of this clause, substantiation of the amounts requested and certification in accordance with the requirements of the clause at 52.232-5, Payments

Under Fixed Price Construction Contracts.

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic fund transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoices only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer

Project Title: B115 Life Extension Center- Lean-to Construction Solicitation No.: N40080-18-R-0002 X025

Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—

System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than

System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(xi) Any other information or documentation required by the contract.

(3) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

(i) The designated billing office received a proper invoice.

(ii) The Government processed a receiving report or other Government documentation authorizing payment and there was no disagreement over quantity, quality, Contractor compliance with any contract term or condition, or requested progress payment amount.

(iii) In the case of a final invoice for any balance of funds due the Contractor for work or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

(4) Computing penalty amount. The Government will compute the interest penalty in accordance with the

Office of Management and Budget prompt payment regulations at 5 CFR part 1315.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor for payments described in paragraph (a)(1)(ii) of this clause, Government acceptance or approval is deemed to occur constructively on the 7th day after the Contractor has completed the work or services in accordance with the terms and conditions of the contract. If the actual acceptance or approval occurs within the constructive acceptance or approval period, the Government will base the determination of an interest penalty on the actual date of acceptance or approval. Constructive acceptance or constructive approval requirements do not apply if there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. These requirements also do not compel Government officials to accept work or services, approve Contractor estimates, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes, and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

(5) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315.

(6) Additional interest penalty.

(i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty amount only if-- (A) The

Government owes an interest penalty of $1 or more;

(B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and

(C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(6)(ii) of this clause, postmarked not later than 40 days after the date the invoice amount is paid.

(ii)

Project Title: B115 Life Extension Center- Lean-to Construction Solicitation No.: N40080-18-R-0002 X025

(A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall --

(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required; (2) Attach a copy of the invoice on which the unpaid late payment interest was due; and

(3) State that payment of the principal has been received, including the date of receipt.

(B) If there is no postmark or the postmark is illegible--

(1) The designated payment office that receives the demand will annotate it with the date of receipt provided the demand is received on or before the 40th day after payment was made; or

(2) If the designated payment office fails to make the required annotation, the Government will determine the demand’s validity based on the date the Contractor has placed on the demand; provided such date is no later than the 40th day after payment was made.

(b) Contract financing payments -- If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause. (c)

Subcontract clause requirements. The Contractor shall include in each subcontract for property or services (including a material supplier) for the purpose of performing this contract the following:

(1) Prompt payment for subcontractors. A payment clause that obligates the Contractor to pay the subcontractor for satisfactory performance under its subcontract not later than 7 days from receipt of payment out of such amounts as are paid to the Contractor under this contract.

(2) Interest for subcontractors. An interest penalty clause that obligates the Contractor to pay to the subcontractor an interest penalty for each payment not made in accordance with the payment clause -- (i)

For the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and

(ii) Computed at the rate of interest established by the Secretary of the Treasury, and published in the

Federal Register, for interest payments under 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest penalty.

(3) Subcontractor clause flowdown. A clause requiring each subcontractor to--

(i) Include a payment clause and an interest penalty clause conforming to the standards set forth in subparagraphs (c)(1) and (c)(2) of this clause in each of its subcontracts; and

(ii) Require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier.

(d) Subcontract clause interpretation. The clauses required by paragraph (c) of this clause shall not be construed to impair the right of the Contractor or a subcontractor at any tier to negotiate, and to include in their subcontract, provisions that --

(1) Retainage permitted. Permit the Contractor or a subcontractor to retain (without cause) a specified percentage of each progress payment otherwise due to a subcontractor for satisfactory performance under the subcontract without incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions agreed to by the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of a subcontractor to furnish a performance bond and a payment bond; (2) Withholding permitted. Permit the Contractor or subcontractor to make a determination that part or all of the subcontractor’s request for payment may be withheld in accordance with the subcontract agreement; and

(3) Withholding requirements. Permit such withholding without incurring any obligation to pay a late payment penalty if --

(i) A notice conforming to the standards of paragraph (g) of this clause previously has been furnished to the subcontractor; and

(ii) The Contractor furnishes to the Contracting Officer a copy of any notice issued by a Contractor pursuant to paragraph (d)(3)(i) of this clause.

Project Title: B115 Life Extension Center- Lean-to Construction Solicitation No.: N40080-18-R-0002 X025

(e) Subcontractor withholding procedures. If a Contractor, after making a request for payment to the

Government but before making a payment to a subcontractor for the subcontractor’s performance covered by the payment request, discovers that all or a portion of the payment otherwise due such subcontractor is subject to withholding from the subcontractor in accordance with the subcontract agreement, then the

Contractor shall --

(1) Subcontractor notice. Furnish to the subcontractor a notice conforming to the standards of paragraph (g) of this clause as soon as practicable upon ascertaining the cause giving rise to a withholding, but prior to the due date for subcontractor payment;

(2) Contracting Officer notice. Furnish to the Contracting Officer, as soon as practicable, a copy of the notice furnished to the subcontractor pursuant to subparagraph (e)(1) of this clause;

(3) Subcontractor progress payment reduction. Reduce the subcontractor’s progress payment by an amount not to exceed the amount specified in the notice of withholding furnished under subparagraph

(e)(1) of this clause;

(4) Subsequent subcontractor payment. Pay the subcontractor as soon as practicable after the correction of the identified subcontract performance deficiency, and -- (i) Make such payment within --

(A) Seven days after correction of the identified subcontract performance deficiency (unless the funds therefor must be recovered from the Government because of a reduction under subdivision (e)(5)(i)) of this clause; or

(B) Seven days after the Contractor recovers such funds from the Government; or

(ii) Incur an obligation to pay a late payment interest penalty computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under 41

U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest penalty;

(5) Notice to Contracting Officer. Notify the Contracting Officer upon --

(i) Reduction of the amount of any subsequent certified application for payment; or

(ii) Payment to the subcontractor of any withheld amounts of a progress payment, specifying --

(A) The amounts withheld under subparagraph (e)(1) of this clause; and

(B) The dates that such withholding began and ended; and

(6) Interest to Government. Be obligated to pay to the Government an amount equal to interest on the withheld payments (computed in the manner provided in 31 U.S.C. 3903(c)(1)), from the 8th day after receipt of the withheld amounts from the Government until --

(i) The day the identified subcontractor performance deficiency is corrected; or

(ii) The date that any subsequent payment is reduced under paragraph (e)(5)(i) of this clause.

(f) Third-party deficiency reports --

(1) Withholding from subcontractor. If a Contractor, after making payment to a first-tier subcontractor, receives from a supplier or subcontractor of the first-tier subcontractor (hereafter referred to as a “second tier subcontractor”) a written notice in accordance with 40 U.S.C. 3133, asserting a deficiency in such first-tier subcontractor’s performance under the contract for which the Contractor may be ultimately liable, and the Contractor determines that all or a portion of future payments otherwise due such first-tier subcontractor is subject to withholding in accordance with the subcontract agreement, the Contractor may, without incurring an obligation to pay an interest penalty under paragraph (e)(6) of this clause -- (i)

Furnish to the first-tier subcontractor a notice conforming to the standards of paragraph (g) of this clause as soon as practicable upon making such determination; and

(ii) Withhold from the first-tier subcontractor’s next available progress payment or payments an amount not to exceed the amount specified in the notice of withholding furnished under paragraph (f)(1)(i) of this clause.

(2) Subsequent payment or interest charge. As soon as practicable, but not later than 7 days after receipt of satisfactory written notification that the identified subcontract performance deficiency has been corrected, the Contractor shall --

Project Title: B115 Life Extension Center- Lean-to Construction Solicitation No.: N40080-18-R-0002 X025

(i) Pay the amount withheld under paragraph (f)(1)(ii) of this clause to such first-tier subcontractor; or (ii)

Incur an obligation to pay a late payment interest penalty to such first-tier subcontractor computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest penalty.

(g) Written notice of subcontractor withholding. The Contractor shall issue a written notice of any withholding to a subcontractor (with a copy furnished to the Contracting Officer), specifying -- (1) the amount to be withheld;

(2) The specific causes for the withholding under the terms of the subcontract; and

(3) The remedial actions to be taken by the subcontractor in order to receive payment of the amounts withheld.

(h) Subcontractor payment entitlement. The Contractor may not request payment from the

Government of any amount withheld or retained in accordance with paragraph (d) of this clause until such time as the Contractor has determined and certified to the Contracting Officer that the subcontractor is entitled to the payment of such amount.

(i) Prime-subcontractor disputes. A dispute between the Contractor and subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to paragraph (c) of this clause does not constitute a dispute to which the United States is a party. The Government may not be interpleaded in any judicial or administrative proceeding involving such a dispute.

(j) Preservation of prime-subcontractor rights. Except as provided in paragraph (i) of this clause, this clause shall not limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or a subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or nonperformance by a subcontractor.

(k) Non-recourse for prime contractor interest penalty. The Contractor’s obligation to pay an interest penalty to a subcontractor pursuant to the clauses included in a subcontract under paragraph (c) of this clause shall not be construed to be an obligation of the Government for such interest penalty. A costreimbursement claim may not include any amount for reimbursement of such interest penalty.

(l) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the

Contractor shall—

(1) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(ii) Affected contract number and delivery order number if applicable; (iii)

Affected line item or subline item, if applicable; and (vi) Contractor point of contact.

(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (End of Clause)

PAYMENT INSTRUCTIONS

Contractors shall comply with the payment instructions in the table at DFARS PGI 204.7108(b)(2).

Below is the link that provides the table:

(https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions) https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions

Project Title: B115 Life Extension Center- Lean-to Construction Solicitation No.: N40080-18-R-0002 X025

252.201-7000 Contracting Officer's Representative

CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) Definition. “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide

Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic

Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation

Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving

Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-

Based Training Course and use the Practice Training Site before submitting payment requests through

WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

https://www.sam.gov/ https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/ https://wawf.eb.mil/…