Attachment 8-Ft. Novosel Statement Of Work 11-30-2023.pdf

Statement of Work

Job Order Contracting (JOC)

As of 30 November 2023

1 Contents

6.3.1 WHAT IS INCLUDED IN THE CTC

6.3.2 CTC APPLICATION – SPECIFIC CONSIDERATIONS

DEMOLITION

8.1.1 PROGRAM MANAGER

8.1.2 QUALITY CONTROL MANAGER (QCM)

8.1.3 ON-SITE STAFF

8.1.4 SUPERINTENDENT

8.1.5 SAFETY MANAGER

8.2.1 PROGRAM MANAGER

8.2.2 SITE SUPERINTENDENT

8.2.3 QUALITY CONTROL MANAGER (CQM)

PRELIMINARY RECORD DRAWINGS

PRELIMINARY RECORD DRAWING FINAL SUBMISSION

WITHHOLDING FOR PRELIMINARY RECORD DRAWINGS

FINAL INSPECTION

FINAL RECORD DRAWINGS (CADD RECORD DRAWINGS)

FINAL CONFIGURATION DRAWINGS

18.10.1 WORK BY THE GOVERNMENT

18.10.2 SECURITY REQUIREMENTS

a. CONTRACTOR WARRANTY

b. EXTENDED WARRANTY

c. EQUIPMENT WARRANTY IDENTIFICATION TAGS

d. TAGS FOR WARRANTED EQUIPMENT

e. Equipment Warranty Tag Replacement

United States Code (U.S.C.)

Code of Federal Regulation (CFR)

Federal Environmental Statutes

Federal Standard (Fed. Std.)

Army Regulations (AR)

Department of the Army, Corps of Engineers Manual (EM), Engineers Technical Letter (ELA)

Other Documents

Building Codes

1.0 CONTRACT DESCRIPTION

This is a Firm Fixed Price (FFP) Indefinite Delivery-Indefinite Quantity (IDIQ) Job Order Contracting (JOC) contract for construction work as defined under NAICS 236220. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the JOC as defined in this Performance Work Statement (PWS), except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

1.1 GENERAL REQUIREMENTS:

This is a non-personal services contract to provide Job Order Contract (JOC) procurement options to Fort Novosel (Installation) and satellite camps/facilities. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 DESCRIPTION OF SERVICES/INTRODUCTION:

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the JOC as defined in this Performance Work Statement (PWS), except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

2.0 OBJECTIVE

This contract is for a broad range of real property repair and construction at Fort Novosel.

Potential projects include, but are not limited to, administrative facilities, maintenance shops, child development centers, physical fitness centers, maintenance shops, food service facilities, airfield structures (including rigid and flexible paving), roads, athletic fields, bridges, underground utilities, overhead utilities, gates, warehouses, and auditoriums. Projects may include incidental design, testing, studies, surveys, and abatement for lead-based paint (LBP) or asbestos containing materials (ACM). Facility repairs, renovations, and construction shall conform to the requirements of the technical criteria described in the task order (TO).

The Contractor shall furnish site work as required per the line item in the Construction Task Catalog (CTC), commonly referred to as a Unit Price Book (UPB). The Contractor shall use the site-specific Gordian Construction Task Catalog as the basis for pricing all task order for this contract. The site-specific Gordian catalog is specifically formulated for Ft Novosel area. The Contractor shall provide as-built drawings which conform to the electronic computer-aided design and drafting (CADD) software currently utilized by the Directorate of Public Works (DPW). The Contractor shall perform in accordance with (IAW) local policies, National Fire Protection Association (NFPA) codes, and industry and trade organization standards.

The services covered by this contract are for real property repair and construction.

Construction and repair include, but are not limited to, the following systems and disciplines:

Asbestos and Lead-Based Paint Abatement

Foundation and Site work

Carpentry Heating, Ventilation, and Air Conditioning

(HVAC)

Concrete and masonry Mechanical Demolition Natural Gas Distribution System Doors and Windows Painting Drywall Plumbing Electrical Road Repair Electronic Safety and Security Systems Roofing Excavation Sheet metal Finishes Steam fitting Fire Suppression and Alarms Storm Water Collection Systems Flooring Thermal and Moisture Protection Welding

Other site work includes site grading, drainage, exterior irrigation systems, and retaining walls incidental to the construction.

The Government will implement the process set forth in the Scope of Work (SOW) to develop and issue individual TOs. Individual SOWs will vary in size depending on the nature of the work. The Contractor shall provide sufficient technical support, project management, accurate estimates, and accommodate a number of concurrent active projects. The Contractor shall handle rapid increases in work volume, perform according to schedule without delay, and complete submittals and payrolls in a timely manner.

3.0 GENERAL

The Contractor shall perform repair and construction as defined in each TO. The Government will provide the requirement to the Contractor detailing the task to be accomplished. The Contractor shall provide all labor, material, and equipment to meet all approved requirements. The Contracting Officer (KO) will issue to the Contractor a Request for Task Order Proposal (RTOP). The Contractor shall be responsible for estimating the level of effort required to perform the requested work. The Contractor shall submit a detailed proposal of items required to accomplish the work within the time frame stated in the RTOP. The proposal shall be of sufficient detail and broken out by item, so the Government can readily identify the estimated quantities and level of effort for each task and subtask. The Contractor shall provide supervision, labor, materials, equipment, and supplies, unless otherwise specified as Government-furnished in each TO.

The KO will identify any security training required before the start of work. The Contractor’s key personnel shall be responsible for training all Contractor personnel at the Contractor's own expense.

The JOC will include a combination of repair and construction task descriptions and/or specifications, units of measure, and pre-established unit prices for each of these discrete requirements. TOs under the JOC are comprised of a number of pre-described and pre-priced tasks. Individual TO price proposals shall be determined by the applicable quantities of necessary CTC line items. The CTC lists the price to complete the task, as described, including labor, equipment, and materials.

All work shall be accomplished during normal work hours, which are from 0700 to 1700, Monday through Friday (excluding federal government holidays), or as otherwise specified by the Contracting Officer. However, the Contractor may be required to work outside of the normal work hours as directed by the Contracting Officer. Projects outside of normal work hours include, but are not limited to, Command Group Interest, troop mobilizations and demobilizations, or as indicated in the RTOP. A separate coefficient shall be used for work identified as outside of normal work hours. Work required outside normal duty hours will be specified in the Request for Task Order Proposal and prior to task order award.

4.0 CONTRACTOR RESPONSIBILITY

The Contractor shall assume full responsibility and liability for non-compliance with all Federal, State and local laws, regulations, codes, policies, and directives pertaining to the health and safety of personnel during the execution of work, and shall hold the Government harmless. The Contractor shall perform all related Contractor administrative services, planning, programming, and management necessary to perform the work, to include but are not limited to, supply, quality control (QC), and maintenance of accurate and complete records, files, and libraries of documents.

The Contractor shall provide related services to include, but are not limited to, pre-award project development, project management, QC, and submission of required deliverables necessary to satisfy requirements specified under this contract and individual TOs. The Contractor shall visit the job site prior to the start of any work. The Contractor shall list any damaged areas and turn them into the Contracting Officer’s Representative (COR), so as to preclude any responsibility for damages present that are not a result of the performance of work required in the TO. In the absence of the COR, the Alternate COR (ACOR) will assume responsibility.

4.1TASK ORDER COORDINATION

Prior to scheduling work for a TO, the Contractor shall coordinate with the KO and COR to agree on a sequence of procedure, means of access to premises and building, space for storage of materials and equipment, delivery of materials, and use of corridors, stairways, elevators, eating spaces, and restrooms for Contractor personnel.

4.2 COMMENCEMENT

The Contractor shall be required to commence work IAW the date specified in the contract award. Upon TO receipt, the Contractor shall be required to physically start work as indicated on all individual TOs.

4.3 DELIVERABLES

The Contractor shall submit to the KO (with copies furnished to the COR) a complete package of pre-construction deliverables which includes: notices of award of subcontracts, performance schedules, and material or product submittals no later than (NLT) fourteen (14) calendar days after TO award. The Government will make every attempt to respond to the pre-construction deliverables within seven (7) calendar days after the Contractor’s submissions are received.

Post-completion deliverables such as completed warranties certificates, Operation and Maintenance (O&M) manuals, as-builts, payrolls, and environmental closure documents shall be submitted to the KO prior to requesting final payment.

4.4 WORK EXECUTION

The Contractor shall begin work NLT the time specified on the TO Notice to Proceed (NTP) unless written permission from the COR. The time stated for entire completion of work specified in the TO shall include final cleanup of the premises and submission of all deliverables. TOs shall be considered separate projects, and any decision by the Contractor to utilize a limited number of subcontractors on multiple orders shall not constitute grounds for non-performance, time extensions, avoidance of liquidated damages, or other reductions for cause. The Contractor shall work, so far as practicable, in definite sections or divisions and confined to limited areas which shall be completed before starting on other sections or divisions.

4.4.1 CONSTRUCTION RELATED CHANGES

The Contractor shall document and obtain authorization from the KO before making any requirement changes to the SOW. Construction-related requests from building occupants shall be directed to the KO prior to taking any action. Any job site changes made by construction employees, either direct or subcontracted, shall be subject to removal and corrected at no additional cost to the Government. Contractor shall inform all employees to include the subcontractor of this requirement.

4.4.2 CORRESPONDENCE IDENTIFICATION

The Contractor shall use a contract number and TO/Job number on all correspondence sent to the KO or COR. This includes on all emails to the Government. The Contractor shall provide two (2) original and two (2) duplicate copies of all correspondence.

4.4.3 STORAGE OF MATERIALS

No additional payment shall be made for storage of materials regardless of whether the Government or the Contractor delays the start of an individual task order.

5.0 ORDERING PROCEDURES

The Government will issue and furnish a RTOP to the Contractor. The Contractor shall then prepare a proposal for the accomplishment of the task within the time limit specified in the RTOP. The RTOP will identify an existing requirement based on designs provided by the Government and will include as-builts or sketches as applicable for the SOW to be accomplished.

5.1 RESPONSIVENESS

As specified in the RTOP, the Contractor shall respond to the needs of the Government.

The Contractor shall perform a site visit with the Ordering Officer and COR. The Contractor shall review the construction requirements and discuss problems, unclear items,access, etc. The Contractor shall prepare a site visit memorandum listing pertinent items discussed at the site visit. The site visit is considered essential to the preparation of a complete and competitive proposal of the project desired by the DPW.

The site visit memorandum shall be submitted with the Contractor’s proposal. Failure to visit the site and discuss the project requirements with the Ordering Officer, shall not constitute an acceptable excuse for omissions or errors in proposals. The Contractor shall review the drawings, sketches, and any changes in the SOW that resulted from the site visit. The Contractor shall then prepare a proposal for the TO.

5.2 PRE-ORDERING PROCEDURES

The Pre-ordering procedures are:

a. As the need exists for performance under the terms of this contract, the Government will notify the Contractor, verbally and/or in writing, of the requirement and establish the time for a joint site visit.

b. Upon receipt of this notification, the Contractor shall respond to the needs of the Government by visiting the proposed work site at a time and date specified by the Government (minimum notice will be 1 day) in the company of the designated DPW Project Manager and the DPW JOC Branch to discuss the scope of the requirement.

Requirements will be identified, measurements taken, rough sketches made, etc.

Facility access considerations, initial estimate of the performance period, and other special conditions will be discussed. These scope details will be included in the project scope of work/constructability drawings for RFP.

c. When the Ordering Officer issues a Request for Proposal (RFP), the Contractor shall prepare his price proposal for accomplishment of the project in the most efficient manner possible. Contractor proposals will be due in 5 working days from RFP unless otherwise stated in the individual job order RFP.

d. Each project proposal submitted by the Contractor shall consist of the following: an itemized listing of all proposed Construction Task items, quantities, extended prices, and total proposed price (commonly referred to as the detailed price proposal), as well as supporting documentation as outlined below. The approved for Ft. Novosel CTC pricing data and associated software shall be used for this purpose. Every CTC line item of the Contractor's price proposal shall include notes that clearly indicate the location(s) where the work for that line item is to be performed and justify the reasonableness of the quantity proposed. Where a CTC line item is to be installed at multiple locations, multiple entries of the CTC line item shall be included in the proposal as required to clearly indicate where the line items are to be installed and justify the quantities. In addition to the detailed price proposal, as described above, the contractor shall also submit a proposed schedule, and any other drawings, sketches, calculations, or other project documentation to justify the price or quantity or to ensure that the proposal and the schedule are easily understood.

5.3 PROPOSAL FORMAT

a. The Contractor's proposal shall be supported by all necessary documentation to indicate that adequate development and planning to accomplish the requirement has been done.

b. PRE-PRICED PORTION. Detailed Price Proposals shall consist of an itemized breakdown of tasks from the CTC. The CTC shall serve as the basis for establishing the value of the work to be performed on a unit price basis for pre-priced work. All in-direct costs are included in the Contractor's coefficients.

c. NON-PRE-PRICED PORTION (NPP). Items necessary to execute a given Scope of Work clearly not contained within the CTC, shall be broken out into a separate section of the proposal. The amount of NPP work appropriate in a new order is limited to 10% or less of the negotiated value of the pre-priced work except in an emergency or when the Contracting Officer determines on a case-by-case basis that a higher percentage for a particular order is in the best interest of the Government. The "present day" cost of non-pre-priced work shall be substantiated by a minimum of three (3) vendor quotes and/or other sources of cost data (i.e. labor break-downs, equipment rental, etc.) in sufficient detail to allow validation by the Government. The Government reserves the right to demand further detailed supporting documentation at its discretion should it be deemed required.

d. PROPOSED COMPLETION PERIOD. When the required delivery date has not been specified by the Government, the Contractor shall annotate on his proposal summary sheet his proposed completion period and support with sufficient documentation (e.g., letters from vendors, CPM schedules, rationale narrative, etc.) to validate proposed completion periods. However, the performance period will be negotiated for each order dependent primarily upon the requirements of the Government. It is recognized that this period must contain consideration for material acquisition as well as for actual construction - therefore this period will be discussed and then finalized at the proposal negotiation meeting.

i. The period of performance is the period between notice to proceed and the time all work under the order is complete.

ii. In the event the Government and Contractor cannot agree upon a period of performance, the Contracting Officer will specify a period of performance.

iii. Weather Allowances for Exterior Work: Typical weather allowances as applicable to Orders under this contract are as indicated below and should be included in any estimation of performance periods:

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

[07] [06] [06] [05] [06] [07] [08] [07] [05] [04] [04] [06]

Unusual weather during the execution of applicable orders shall be documented for subsequent requests for Time Extensions in accordance with the provisions defined herein. Weather days allowed will be applied for the total project; time extensions for weather shall not be considered unless the aggregate number of allowable days are exceeded as supported by verifiable QC and QA documentation.

6.0 PROPOSALS

6.1 General

The Contractor shall prepare a detailed cost estimate using the approved CTC. The CTC software shall be utilized for all applicable pricing under this contract. The Contractor shall purchase the most current CTC software to support the contract requirements within seven (7) calendar days of contract award. The Contractor and the Government shall both have the most current version of the software and databases at all times.

The Contractor shall not alter, append, delete, or otherwise modify the programming or CTC items, except for Government-issued changes, unless otherwise directed by the KO.

Upon the Government’s request, the Contractor shall be prepared to provide a detailed breakdown of the proposal, to include all pricing documentation to demonstrate that it is fair and reasonable.

If necessary in the development of a price proposal, site visits will be considered as incidental to the work and included in the Contractor’s coefficient.

Each proposal submitted by the Contractor shall contain a printout of all proposed CTC items, quantities, extended prices, and total proposed costs. It is the contractor’s responsibility to refer to the line item notes to ensure an understanding of what components, tests, or other items are included in each line item used in the proposal.

Significant components of work and all non-pre-priced (NPP) items shall be identified in the price proposal.

The Contractor’s proposal shall include, but not be limited to, product submittals, TO project schedule, special conditions, proposed completion period, name of the Superintendent , copy of the initial RTOP form with notation as to any items changed through negotiation (this will become the description of work defining the quality and SOW), and the TO Detailed Price Proposal which is comprised of the following three (3) sections:

A. SECTION 1, PRICE PROPOSAL: This section shall include the CTC pre-priced CSI Division Summary, followed by all Proposed Construction Task details (commonly referred to as a detailed price proposal), of both pre-priced and NPP tasks. The Detailed Price Proposal shall include a sequential CSI line item number, unit of measure, quantity, unit price, and total price (quantity multiplied by unit price), with division breaks and subtotals.

NPP items will be submitted with three (3) or more offerors. The independent price vendor shall include a description, material cost, land other detailed breakdowns, as necessary. The Contractor shall list the supplier names and telephone numbers for each NPP item.

B. SECTION 2, PROPOSED SCHEDULE: This section lists the proposed schedule for accomplishing the work, including lead times for materials, mobilization for the subcontractors, and may even include delays such as weather or other uncontrollable delays to the schedule. This proposed schedule shall be of sufficient detail so that the government can determine reasonableness.

C. SECTION 3. SUPPORTING DOCUMENTS, AS REQUIRED: This may include but is not limited to any other drawings, sketches, calculations, or other project documentation requested in the individual job order RFP.

6.2 CONTINGENCIES.

Sudden or unusual events could result in a great impact upon Contractor performance and contract requirements. In the event that unusual conditions develop, the Contractor shall continue, and expand performance if necessary. In all cases, the Contractor shall assume that the Army cannot provide any supplemental forces and continue to need the same or additional performance under contract, which the Contractor shall be required to meet. Examples of such events include:

• A sudden build-up of military forces that increases contract requirements.

• A natural disaster

• A labor strike that impacts is upon the Contractor's ability to perform

• Special circumstances identified by the Contracting Officer.

The Government will, at its discretion, include contingency in Request For Proposals to allow for unforeseen site conditions, changes in requirements, etc. The contingency will be included in the price proposal as a Reimbursable item. The Contractor is only allowed to add a contingency to a price proposal when specifically and explicitly requested by the government in the Task Order RFP. A Separate Mod to the Task Order will need to be submitted at the completion of the work and prior to close out of the project to reflect the actual tasks (with quantities) and pricing for items that are included in the Price Proposal as a contingency.

Contingency Plan: The Contractor shall submit with the proposal an outline covering the methods the Contractor will use to meet the contract requirements in the above-cited emergency situation. Upon award the plan will be submitted. After award this plan will be formalized and submitted to the Contracting Officer for approval prior to start of work on the contract.

OR EQUALS: Whenever material, products, or equipment is identified in the CTC, or in the Technical Specifications, by reference to a manufacturer’s name, make or model number, the identification is intended to establish a standard. Any material, product, or equipment of another manufacturer may only be considered an or-equal when the spec’d item is not readily available and provided that, in the opinion of the Owner, the material, product, or equipment so proposed is of equal quality, substance and function, and meets the same specification requirements to the named item. The Contractor shall not install any proposed material, product, or equipment without the prior written approval of the Owner. The burden of proof, and all costs related thereto, concerning whether the proposed material, product, or equipment is an or equal, shall be borne by the Contractor.

6.3 COST ESTIMATING REQUIREMENTS

The Government-approved CTC for this contract, Gordian’s Construction Task Catalog, shall be the sole source of pre-priced tasks for Price Proposals. Work tasks required for the completion of specific project requirements that are not considered part of the complete-in-place construction of the CTC items or are not otherwise contained in the CTC are called Non-Pre-priced (NPP) and their use is defined herein. Actual market pricing is not relevant under this contract unless necessary for calculating NPP work tasks. Any difference between actual prices and CTC pricing shall not constitute grounds for failure to perform nor shall be grounds for any equitable adjustments in the price for the TO. Contractors may experience direct costs that are different than the unit prices set forth in the Construction Task Catalog. While diligent effort was made to provide accurate unit prices, it is the Contractor’s responsibility to review and analyze the unit prices, and to calculate, prior to bidding, the coefficient accordingly. All costs in excess of the unit prices, are considered to be included in the coefficient.

6.3.1 WHAT IS INCLUDED IN THE CTC

Prices in the CTC include the following: direct labor through the working foreperson level at straight-time prevailing wage rates including fringe benefits for the local area, equipment costs including all equipment and tools required to accomplish the task for the local area, material costs including delivery, sales tax and all incidentals, shop drawings, and an allowance for waste. Incidentals include, but are not limited to, nails, screws, welds, and connectors. All prices in the CTC are for complete and in-place construction unless explicitly described otherwise.

The Government reserves the right to require incidental options or accessories without additional cost, except where the required additions are spelled out as a modifier within the CTC.

Waste and Excess Quantities are Included in the Complete-In-Place Construction Quantities

All prices in the CTC are for the complete-in-place construction unless explicitly described otherwise. The unit prices also include delivery of materials to the job site and standard waste amounts. Excess Waste or excess material quantities are incidental costs which are included within the contract coefficient unless explicitly stated otherwise in the CTC. Quantities used on TO proposals shall be taken from field measurements or design plans, as appropriate, without allowance for waste or incidental extra materials used in the performance of work. Incidental fasteners such as nails, screws, weldments, and connectors are included in the CTC line-item prices. Unless a connector or fastener is specifically stated in the CTC as not being included, it is included in the price.

Example: Installation of a suspended ceiling grid system includes connectors, fasteners, and wire for the hanging system. Waste or excess material quantities are incidental costs, which are included within the unit prices and excess waste is considered part of the contract coefficient unless explicitly stated otherwise. Quantities used on individual task order proposals shall be taken from field measurements or design plans, as appropriate, without allowance for waste.

6.3.2 CTC APPLICATION – SPECIFIC CONSIDERATIONS

DEMOLITION

Ancillary components attached to an affected item or equipment that is scheduled for demolition shall not be priced out separately unless the ancillary component must be removed to complete the TO.

Demolition prices in the CTC shall cover the cost of removal and disposal of the items.

Demolition shall include the removal of the item, handling, disassembly, loading in a truck or dumpster, and disposal of demolished items, whether salvageable or non- salvageable, unless specified otherwise by the CTC task. Unit prices for demolition exclude costs for hauling.

ASSEMBLIES PRICING

Assemblies pricing shall take precedence over individual component unit pricing.

Any inconsistency in this Job Order Contract shall be resolved by giving precedence in the following order:

A. This Agreement B. Addenda (later takes precedence over earlier) C. Awarded Job Orders (including Detailed Scopes of Work and Requests for Proposals) D. The Construction Task Catalog E. Technical Specification

LINE-ITEM COST ADJUSTMENTS

The only adjustment of price for the construction line items is the Contractor coefficient.

All prices in the CTC are for complete-in-place construction unless explicitly described otherwise. Incidental fasteners (nails, screws, weldments, adhesives or other connectors), incidental options, accessories, and small tools required for a normal installation are included in the line-item cost unless the line-item description specifically states otherwise. Line-item prices include all work required unless the line-item description specifically states otherwise. Equipment costs include normal operating expendables and servicing including routine arts. All line-item prices are valid to perform the work described to a height up to fourteen (14) feet above finished floor or grade level unless the line-item description specifically states otherwise. Testing, adjusting, balancing, and start-up of installed equipment (normal commissioning) and up to four (4) hours of familiarization training for operation and maintenance of that equipment, shall be included unless the line-item description specifically states otherwise. Scaffolding, lifts, staging, etc. shall be allowed only on a TO basis (per job), not per subcontractor or discipline.

PRICE ADJUSTMENT MODIFIERS

CTC incorporated in this contract contains unit pricing data to be used by the Contractor in development of price proposals for each TO. The pricing data is presented as basic items and as price adjustment modifiers to the basic item. Price adjustment modifiers provide a method for adding to or deducting from the basic item prices for optional materials, and methods of installation. One or more modifiers can be utilized to adjust the basic item price as listed by the appropriate suffix number of the basic line item.

NON-PRE-PRICED WORK

Non-pre-priced (NPP) work is categorized as facilities construction activity that is not specifically included in the CTC but is within the basic intent and general scope of the contract, requiring substantial adjustment due to material differences in factors from those typically encountered in the construction industry. Items of work not covered by this contract’s pre-priced items, but within the scope and general intent, may be negotiated by the KO and added to a TO at any time during the contract term. NPP items shall only be allowed if the Government deems an appropriate line item is not provided by the pre-priced CTC. To permit recurrent use, a NPP item shall be incorporated by supplemental agreement into the CTC and may be done at any time during the contract period.

NPP work to be included in a TO shall be proposed by the Contractor in a format acceptable to the Government. NPP work or items shall be negotiated with the pre-priced items in the proposal at the negotiation meeting. Additional items may be added to the basic tasks defined in the CTC as new pre-priced items. If new pre-priced items are added, the prices will be in effect on the date of TO award.

The project shall not be executed under this contract if the value of the NPP work exceeds 10% (AFARS 5117.9004-3(e)(1)) of the total TO cost and the NPP work shall be considered incidental. Only NPP work that is incidental to pre-priced work shall be considered to be within the scope of this contract. Incidental non pre-priced work will be negotiated on a work item-by-work item basis. The Coefficient used for calculating the pre-priced items will not be used to compute the price proposal of the NPP items. The pre-priced coefficient is not applied to NPP items. The NPP coefficient will be applied to the agreed-to bare costs of NPP items after the bare costs of these items have been negotiated.

NPP CONTRACTOR MATERIAL AND EQUIPMENT COSTS

The Contractor shall receive the cost of the material plus the applicable coefficient as a handling fee. Material costs may include freight but shall not include any other overhead or associated costs. Equipment costs may only be included if the equipment is used solely as a result of inclusion of the NPP item.

The final price submitted for Non-Pre-Priced Tasks shall be according to the following formula:

Total for Non-Pre-priced Tasks x the Non-Pre-priced Coefficient

The Contractor must submit three independent quotes for the work. If three quotes are not available, less than three may be approved at the discretion of the Government upon the submission of a Letter of Justification from the Contractor to the Government.

Information submitted in support of Non-Pre-priced Tasks shall include, but not be limited to, the following:

Catalog cuts, specifications, technical data, drawings, or other information as required to evaluate the task.

The Contractor shall not submit a quote or bid from any supplier or subcontractor that the Contractor is not prepared to use. The GOVERNMENT may require additional quotes and bids if the suppliers or subcontractors are not acceptable or if the prices are not reasonable. If three quotes or bids cannot be obtained, the Contractor will provide the reason in writing for the Government’s approval. If approved, less than three quotes or bids will be allowed.

After a Non Pre-priced Task has been approved by the GOVERNMENT, the Unit Price for such task will be established, following approval by the GOVERNMENT, and fixed as a permanent Non Pre-priced Task which will no longer require price justification.

The GOVERNMENT’s determination as to whether a task is a Pre-priced Task or a Non Pre-priced Task shall be final, binding and conclusive as to the Contractor.

The Government reserves the right to request the Contractor provide current quotes for any Non-Pre-Priced Task approved previously.

COEFFICIENTS

Pre-priced Coefficients are multiplier(s), developed and proposed by the Contractor, to be applied against the published CTC line item pricing for the purpose of providing consideration to the Contractor. The Contractor shall factor in potential risks of inflation into the proposed coefficients.

Offerors shall provide direct costs for the Non Pre-priced task multiplied by the NPP Coefficient, to be applied to NPP work.

The Contractor’s negotiated coefficient schedule will be incorporated into the contract and utilized by the Government in determining the value of issued TOs throughout the life of the awarded contract.

COEFFICIENT: Means a numerical factor that represents costs (generally indirect costs) not considered to be included in “Construction Task Catalog” unit prices, e.g. general and administrative and other overhead costs, insurance costs, bonding and alternative payment protection costs, protective clothing, equipment rental, sales tax and compliance with tax laws and contractor’s and subcontractor’s profit. Contingent costs, such as labor rate changes and inflation in option years are also covered in the coefficient. Coefficients proposed by offerors are multiplied by the Government-established unit prices in the Construction Task Catalog (Commonly referred to as a Unit Price Book) to price a job or project on individual task orders. The Coefficient(s) proposed by the offeror and accepted by the Government are incorporated in JOC. The contractor’s price coefficient must include, but is not limited to the following:

The Contractor's price coefficient shall include all products and services within the CTC, including the following but not limited to:

Contractor's overhead and profit General and administrative and other overhead costs Gordian charges 2% of all estimated work.

Bonding and alternative payment protection costs, Protective clothing Equipment rental Subcontractors' overhead and profit Insurance Costs associated with bonding (specifically including bond premiums) Employee payroll taxes, insurance, and fringe benefits Business taxes, contributions, and memberships Corporate headquarters support (legal, financial, etc.)

Waste and excess material Gross receipt and sales tax on material and equipment costs Daily Clean up Mobilization and close out for the total contract and each TO Compliance with environmental laws (overhead {indirect} costs associated with performing work in compliance with Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA) regulations, including obtaining any necessary licenses and permits, reporting requirements, etc.)

Compliance with protection and safety laws such as safety rails, face and clothing protection Traffic and work site signs and barriers Project management and supervision Protection of and moving of Government property Quality Control Office management and equipment Depreciation of mobile office(s) Interest associated with funding of equipment and payroll Submittal preparation

Permits, licenses, and fees Other risks of doing business such as risk of a lower than expected contract dollar value, risk of a high inflation cost if factors are bid for option years, risk of poor subcontractor performance and re-performance CTC costs confidence to include issues regarding how the cost data are captured and the size and types of projects Contingencies Travel Depreciation of equipment or facilities Variances in subcontractor or worker availability Other local market conditions for each site not addressed by CTC location factors Other risks of doing business, acceptance testing, work-site security, etc.

Sales tax on material and equipment costs Protection of existing surfaces Final professional project clean-up Basic safety and warning signage, minor barricades, tape, etc.

Working in extreme temperatures (below or above normal) or adverse conditions such as excessive rain, wind, sleet or snow Removing and returning Owner’s furniture and furnishings Office management and equipment Office and management personnel Office Space Office Supplies Employee transportation Project trailer Project equipment and Supplies Portable toilets for Contractor’s Use Construction vehicles Gang boxes and storage containers for Contractor’s tools, equipment and materials.

Meeting Owner security requirements Personnel safety equipment Interest associated with funding of equipment and payroll Cost of financing the work Preparation and modification of sketches, drawings, submittals, as-built drawings, and other project records Incidental engineering and architectural services Permits, licenses, and fees, including Services required to obtain any filings and permits.

Include testing, calibration, balancing and the like required to ensure proper installation, construction and performance

VOLATILE PRICE CONDITIONS: In the event of volatile price conditions which result in substantial changes to construction material and equipment prices that result in significant total project cost impacts, the Contractor may request in writing that the Government consider an unscheduled update to the CTC to ensure that the CTC accurately depicts market conditions. If the Government agrees that the market conditions warrant an unscheduled revision, it will initiate the CTC update. The unscheduled revision of the CTC will consider current material and equipment pricing for the local area but without any change to the labor component of the unit prices. The labor component, including the Davis Bacon Wage Rates will continue to be updated only during the execution of option periods; therefore, only the CTC revision concurrent with the exercise of the option will consider Labor Rate changes.

6.4 PROJECT SCHEDULES

The Contractor shall prepare and submit a Project Schedule for approval, as specified in each TO. Schedules shall be provided at no additional cost to the Government. The schedule shall indicate all work activities, milestones, and clearly show the critical path of the job. The schedule shall include activities for submittal approval, as-built drawings, final clean up and inspection, correction of punch list items and final payroll submittal, and operation and maintenance manuals. The schedule shall indicate the sequence in which the Contractor proposes to perform the work and dates on which the Contractor proposes to start and complete all scheduled activities. The Contractor shall schedule the entire project from the award date. Upon award of the TO, Contractor will submit revised schedule with correct current dates for the work to occur. This will be submitted to the COR and Ordering Officer before the PreConstruction meeting for the TO. The Contractor shall use the approved project schedule to measure the progress of the work.

Job Order Work Schedule a.k.a. Gantt Chart: The Contractor shall schedule, control, and perform all work described herein in accordance with all terms and conditions contained in the contract. A schedule for each Job Order shall be submitted with the Contractor’s Job Order Price Proposal and modified to reflect actual dates at start of construction. Schedules shall be provided at no additional cost to the Government. The schedule shall indicate all work activities and shall clearly show the critical path of the job. The approved schedule submitted to the Ordering Officer shall be revised and resubmitted after awarded with the correct dates staring with the award date. The schedules, submitted to the Ordering Officer with each proposal, shall be revised and re-submitted with each modification proposal. The revised Job Order schedule shall indicate clearly, the added and/or deleted items of work and shall reflect the increase or decrease in time required to execute the project and the modification. Time will be adjusted based upon the modification’s impact on the critical path of the project.

Revisions of the schedule shall be re-submitted with each modification proposal for approval. The revised TO schedule shall clearly indicate the added and deleted items of work and shall reflect the increase or decrease in time required to execute the project and the modification.

Construction project schedules shall be submitted electronically. The Contractor shall provide an approved electronic version, readable without providing a copy of the software, to the Government.

Time Extensions Time extensions for TO modifications will be awarded if the additional work required by the modification delays on-going construction activities or if additional time is required to accomplish the added work requirements. Time shall not be extended to correct insufficient progress prior to the modification. (FAR 52.211-13, Time Extensions) Weather Related Time Extensions Time extensions may result from unusually severe weather for exterior projects. The KO may award a time extension only if the following conditions are satisfied:

a. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

b. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

Anticipated Weather Delays Anticipated weather delays are typically based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and shall constitute the base line for monthly weather evaluations as specified in the TO. The Contractor’s progress schedule shall reflect these anticipated adverse weather delays for weather-dependent activities. Refer to 5.2.4. d) iii).

Modifications (Supplemental Task Orders).

When a Task Order has already been issued but there is a requested change in the detailed scope of work then a supplemental Task Order is issued. Supplemental Task Orders shall be priced using the same contract option period that the original Price proposal was awarded.

6.5 LIQUIDATED DAMAGES

The Contractor shall pay liquidated damages to the Government if the Contractor fails to complete the work within the time specified. The amount to be paid by the Contractor shall be determined at the TO level for each calendar day of delay until the work is completed or accepted. (FAR 52.211-12, Liquidated Damages)

If the Government terminates the Contractor’s right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs the Government incurred to complete the work.

Sample LD Calculation:

LEGAL

Staff Judge Advocate 0.0 hours @ rate = Total

(first day only)

CIVIL ENGINEERING

Engineer 0.0 hours @ rate = Total Transportation = Total

Total Engineering Cost/Day Subtotal

CONTRACTING

Contracting Officer 0.0 hours @ rate = Total

Contract Administrator 0.0 hours @ rate = Total

Vehicle Costs Total

Total Contracting Cost/Day Subtotal

ADDITIONAL DAMAGES

Loss of Use of Runways/Taxiways 1.0 days @ rate = Total

Loss of Use of Building 1.0 days @ rate = Total

Other 1.0 days @ rate = Total

Total Other Costs/Day Subtotal

7.0 TASK ORDER DOCUMENTS

The Contractor’s proposal will be reviewed by the Government for accuracy and completeness. The Government will negotiate all items with the Contractor. A TO will then be issued by the KO using DD Form 1155, Order for Supplies or Services.

Some circumstances such as change in work or funding priorities may prohibit the Government from issuing a TO after the receipt of the Contractor's proposal. If such circumstances arise, the Government shall not be obligated to reimburse the Contractor for any costs incurred in the preparation of the proposal. The Government reserves the right to cancel a proposed TO before or after receipt of the Contractor’s proposal.

All TOs are subject to the terms and conditions of this contract. In the event of a conflict between a TO and this contract, this contract shall prevail. If the Contractor is awarded multiple TOs, the work shall be completed concurrently unless otherwise specified in a

TO.

7.1 TASK ORDER WORK FILES

The Contractor shall maintain individual files on each TO. The Contractor shall retain the working file on each TO for the duration of the contract period and shall make these files available for the KO's review. All forms submitted shall be accurately filled out. The Contractor shall retain copies of any material including, but not limited to, receipts, TOs, sales slips, and invoices relating to the TO. The Contractor shall provide the KO access to the Contractor maintained files during the term of the contract.

7.2 NOTICE OF COMPLETION OF TASK ORDER

The Contractor shall notify the KO and COR upon completion of each individual TO. The Contractor shall give the Government five (5) calendar days’ minimum advance notice of the date the work will be fully completed and ready for final inspection.

7.3 REAL PROPERTY DOCUMENTS REQUIRED BEFORE TO CLOSE-OUT

(As indicated per TO)

Prior to final acceptance of TO work, the Contractor shall contact the KO or COR for any project-specific information necessary to complete DD Form 1354, Transfer and Acceptance of Military Real Property. Interim DD Form 1354 At a minimum of fourteen (14) calendar days prior to final acceptance of the work or as specified on each TO, the Contractor shall complete and submit an accounting of all installed property. Refer to Unified Facilities Criteria (UFC) 1-300-08, Criteria for Transfer and Acceptance of DOD Real Property, for instruction on completing the DD Form 1354.

Final DD Form 1354: There is only one (1) final project DD Form 1354, even if multiple interim DD Forms 1354 are used. The Contractor shall furnish the final DD Form 1354 to the Government, or as specified in the TO, after final costs of construction are accrued.

8.0 PERSONNEL

The Contractor shall provide the necessary personnel to accomplish all work within the time frames specified for each TO. The Contractor’s staff shall meet or exceed the position requirements as stated in the SOW. The Contractor shall provide experienced and knowledgeable personnel in civil, structural, architectural, mechanical, and electrical engineering disciplines. The replacement staff shall meet or exceed the same minimum qualifications as stated in the SOW. The Contractor’s staff shall be able to understand, speak, read, and write the English language fluently.

8.1 KEY PERSONNEL

Key personnel include the Program Manager and Quality Control Manager (QCM). The Contractor shall provide key personnel resumes to the KO for review and acceptance prior to working at Ft Novosel. The Contractor shall designate these individuals in writing and provide cell phone numbers to the KO prior to performance. The Government has the right to reject the Contractor’s choice of key personnel for failure to meet the qualification standards incorporated into the contract. If a key personnel is to be replaced, the Contractor shall notify the KO within 24 hours and the alternate Program Manager or QCM shall be identified. The alternates shall meet or exceed the same qualifications as the initial Program Manager and QCM and be approved by KO and COR.

8.1.1 PROGRAM MANAGER

The Contractor shall provide a Program Manager with full authority to contractually commit the Contractor for prompt action on matters pertaining to Contractor administration of the contract.