SOW MA IDIQ - Greg Adams 27MAR24.docx
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- Solicitation number
- W5168W-24-R-0013
- Issued by
-
Department of the Army
About this file
This document is a Statement of Work (SOW) for a Multiple Award, Indefinite Delivery Indefinite Quantity (MA IDIQ) Task Order Contract for construction and repair work at Fort Gregg-Adams, Virginia. The contract is for a broad range of real property repair and construction work, including administrative facilities, maintenance shops, child development centers, airfield structures, roads, utilities, and other site work. The contract will have a base period of 12 months and up to four 12-month option periods, with a maximum value of $165 million. The contractor will be required to use the IMCOM enterprise cost estimating software and provide updated R.S. Means cost data and EuroJOC software annually. Coefficients will be established for normal and non-normal working hours. The work will be performed through individual task orders issued by the government, with the contractor providing all labor, materials, and equipment. Key personnel required include a Program Manager and Quality Control Manager. The SOW provides detailed requirements for personnel qualifications, quality control, safety, environmental compliance, and contractor reporting.
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Statement of Work
Multiple Award, Indefinite Delivery Indefinite Quantity, Task Order Contract (MA IDIQ)
(27 MARCH 2024)
Table of Contents
| 1.0 | CONTRACT DESCRIPTION | 1 |
| 2.0 | OBJECTIVE | 1 |
| 3.0 | GENERAL | 2 |
| 3.1 | Work Hours | 3 |
| 4.0 | CONTRACTOR RESPONSIBILITY | 3 |
| 4.1 | Task Order Coordination | 4 |
| 4.2 | Commencement | 4 |
| 4.3 | Deliverables | 5 |
| 4.4 | Work Execution | 5 |
| 5.0 | ORDERING PROCEDURES | 6 |
| 5.1 | Responsiveness | 7 |
| 6.0 | PROPOSALS | 7 |
| 6.1 | Contingency | 8 |
| 6.2 | Cost Estimating Requirements | 8 |
| 6.3 | Project Schedules | 12 |
| 6.4 | Liquidated Damages | 13 |
| 7.0 | TASK ORDER DOCUMENTS | 13 |
| 7.1 | Task Order Work Files | 14 |
| 7.2 | Notice of Completion of Task Order | 14 |
| 7.3 | Real Property Documents Required Before TO Close-Out | 14 |
| 8.0 | PERSONNEL | 15 |
| 8.1 | Key Personnel | 15 |
| 8.2 | On-Site Staff | 17 |
| 8.3 | Personnel Qualifications | 17 |
| 8.4 | Training, Physical Requirements, or Other Expertise Required | 20 |
| 9.0 | PRE-CONSTRUCTION ORIENTATION | 20 |
| 10.0 | REQUIRED CONTRACTOR PLANS | 21 |
| 10.1 | Accident Prevention Plan | 21 |
| 10.2 | Asbestos and Lead Management Plan | 21 |
| 10.3 | Contractor Quality Control (CQC) Plan | 22 |
| 10.4 | Management Plan | 23 |
| 10.5 | Site Safety and Health Plan (SSHP) | 23 |
| 10.6 | Spill Plan | 24 |
| 10.7 | Traffic Control Plan | 25 |
| 11.0 | CONTRACTOR QUALITY CONTROL SYSTEM | 25 |
| 11.1 | Quality Control (QC) | 25 |
| 11.2 | Coordination Meeting | 26 |
| 11.3 | Inspections | 26 |
| 11.4 | Performance Evaluation Meetings | 26 |
| 11.5 | Notification of Noncompliance | 26 |
| 11.6 | QCM’s Completion Inspection | 26 |
| 11.7 | Pre-Final Inspection | 27 |
| 11.8 | Final Acceptance | 27 |
| 11.9 | Testing Procedures | 28 |
| 12.0 | FACILITIES | 29 |
| 12.1 | Closure Inspections | 29 |
| 12.2 | Secure Areas | 30 |
| 12.3 | Conditions of Occupancy | 30 |
| 12.4 | Elevators | 30 |
| 12.5 | Equipment on the Site | 30 |
| 12.6 | Office Trailer | 31 |
| 12.7 | Construction Site Maintenance | 31 |
| 12.8 | Permits, Fees, and Licenses (Non-Environmental) | 31 |
| 12.9 | Vehicular Access to Construction Sites | 32 |
| 12.10 | Discovery of Unexploded Ordnance (UXO) | 32 |
| 12.11 | Historical, Architectural, and Landscaping Requirements | 32 |
| 12.12 | Site Security | 33 |
| 12.13 | Security Awareness | 34 |
| 12.14 | Construction Project Site Sign | 34 |
| 13.0 | SAFETY | 34 |
| 13.1 | Pre-Construction Safety Meeting | 35 |
| 13.2 | Safety Hazards | 35 |
| 13.3 | Materials and Equipment | 35 |
| 13.4 | Safety Data Sheets (SDS) | 36 |
| 13.5 | Medical Surveillance | 36 |
| 13.6 | Confined Space Entry Procedures | 36 |
| 13.7 | Noise Control | 36 |
| 13.8 | Required Seatbelt Use | 36 |
| 13.9 | Trucking | 36 |
| 13.10 | Construction Hazard Communication | 37 |
| 13.11 | Fire Prevention and Protection | 37 |
| 13.12 | Radiation Permits and Authorizations | 38 |
| 13.13 | Hazardous Materials | 38 |
| 13.14 | Polychlorinated Biphenyl (PCB) | 41 |
| 14.0 | ENVIRONMENTAL | 41 |
| 14.1 | Environmental Protection Considerations | 41 |
| 14.2 | Environmental Compliance | 42 |
| 14.3 | Record of Environmental Consideration (REC) | 42 |
| 14.4 | Citations | 42 |
| 14.5 | Sampling | 43 |
| 14.6 | Land Resources | 44 |
| 14.7 | Water Resources | 45 |
| 14.8 | Biological Resources (Fish and Wildlife) | 46 |
| 14.9 | Air Resources | 46 |
| 14.10 | Cultural Resources | 47 |
| 14.11 | Waste Disposal | 47 |
| 14.12 | Recycling | 50 |
| 14.13 | Wastewater Discharges | 50 |
| 14.14 | Contamination Discovery | 50 |
| 14.15 | Construction Cleanup | 50 |
| 14.16 | Restoration of Landscape Damage | 51 |
| 14.17 | Maintenance of Pollution Facilities | 51 |
| 14.18 | Sustainable Acquisition Requirements | 52 |
| 14.19 | Applicable Laws, Regulations, Statutes, and Acts | 53 |
| 14.20 | Chain of Custody Procedures | 53 |
| 15.0 | CLEAN-UP AND WASTE MANAGEMENT | 53 |
| 15.1 | Construction & Demolition (C&D) Debris | 53 |
| 15.2 | Salvageable and Unsalvageable Materials | 53 |
| 15.3 | Disposal of Asbestos | 55 |
| 15.4 | Disposal of Hazardous Materials | 55 |
| 15.5 | Disposal of Solid, Liquid, and Gaseous Contaminants | 55 |
| 16.0 | SPECIFICATIONS | 55 |
| 16.1 | MA IDIQ Technical Specifications | 55 |
| 16.2 | Documents | 56 |
| 17.0 | SUBMITTALS | 56 |
| 17.1 | Material Approval Submittals | 56 |
| 17.2 | Environmental Compliance | 57 |
| 17.3 | Drawings | 57 |
| 17.4 | Equipment Data Sheet | 60 |
| 18.0 | CONTRACTOR REPORTS | 60 |
| 18.1 | Abatement Report | 60 |
| 18.2 | Accident Reporting | 60 |
| 18.3 | Construction and Demolition Debris Reports | 61 |
| 18.4 | Damage Reports | 61 |
| 18.5 | Environmental Compliance Reporting | 61 |
| 18.6 | Progress Charts | 62 |
| 18.7 | Quality Control Reports (QCR) | 62 |
| 18.8 | Solid Waste Management Report | 62 |
| 18.9 | Warranty Item Report | 62 |
| 18.10 | Adverse Weather Log | 62 |
| 18.11 | Special Contract Requirements | 62 |
| 18.12 | Government Furnished Material (GFM), Property (GFP), and Equipment (GFE) | 64 |
| 18.13 | Contractor-Furnished Property (CFP) and Equipment (CFE) | 64 |
| 18.14 | Warranty Issues | 64 |
| 19.0 | ACRONYMS AND DEFINITIONS | 65 |
| 19.1 | Acronyms | 65 |
| 19.2 | Definitions | 67 |
| 20.0 | APPLICABLE DIRECTIVES AND PUBLICATIONS | 74 |
| 20.1 | General | 74 |
| 20.2 | Technical Publications, Codes, and Standards | 74 |
| 20.3 | Codes and Standards | 74 |
| 20.4 | Federal Environmental Statutes | 75 |
| 20.5 | Federal Standard (Fed. Std.) | 75 |
| 20.6 | Army Regulations (AR) | 75 |
| 20.7 | Other Documents | 76 |
| 20.8 | Building Codes | 76 |
| 21.0 | ADDITIONAL CONTRACT TERMS AND CONDITIONS | 77 |
| 22.0 | SAMPLE EXHIBITS | 77 |
NOTE: The use of red font in parentheses (Red) indicates a fill in.
CONTRACT DESCRIPTION
This is a Firm Fixed Price (FFP) Indefinite Delivery-Indefinite Quantity (IDIQ) Multiple Award, Indefinite Delivery Indefinite Quantity, Task Order Contract (MA IDIQ) contract for construction work as defined under the North American Classification System (NAICS) 236220 – Commercial and Institutional Building Construction.
OBJECTIVE
This contract is for a broad range of real property repair and construction at (Fort Gregg-Adams, Virginia). 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, 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 use the IMCOM enterprise cost estimating software as the cost planning software to develop the Unit Price Book (UPB). The Contractor shall furnish work as required per the line item in the UPB. The Contractor shall subscribe to software as a service (as) or on-demand software platform for use by both the contractor and government in support of the MA IDIQ project management. 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 (Testing and Abatement) |
| Foundation and Site work |
| Asphalt Paving |
| Heating, Ventilation, and Air Conditioning (HVAC) |
| Bridge and Dam Repair |
| Mechanical |
| Carpentry |
| Painting |
| Concrete and masonry |
| Plumbing |
| Demolition |
| Road Repair |
| Doors and Windows |
| Roofing |
| Drywall |
| Sheet metal |
| Electrical |
| Steam fitting |
| Electronic Safety and Security Systems |
| Storm Water Collection Systems |
| Excavation |
| Thermal and Moisture Protection |
| Finishes |
| Utility Distribution System (gas, water, etc.) |
| Fire Suppression and Alarms |
| Welding |
Flooring
Other site work includes site grading, drainage, exterior irrigation systems, and retaining walls incidental to the construction.
The Installation Management Command (IMCOM) has published a Category Intelligence Report (CIR) for the standardization of HVAC Chillers to improve mission value and lower total annual cost through data-driven requirement. As such, HQ MICC approved a Class J&A for procurement of name brand HVAC Chillers. All acquisitions of new HVAC Chiller systems purchased through maintenance, repair, and construction projects at Army Installations will use the IMCOM HVAC Chillers CIR guidance.
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 and complexity depending on the nature of the work. The Contractor shall provide sufficient technical support, accurate estimates, project management and labor. The Contractor shall 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.
The contractor shall furnish construction services, including all management, labor, tools, equipment, and materials, except as specified in the schedule or under task orders to be furnished by the Government, necessary or incidental to the performance of a broad range of maintenance, repair and major construction work on real property at Fort Gregg-Adams, Virginia, in accordance with MA IDIQ Technical Specifications. The work is required in support of the Directorate of Public Work (DPW) activities. The contract will be a best value indefinite delivery, indefinite quantity type contract and will entail a wide variety of individual construction tasks. This contract may be modified during its term to include any changes in regulatory or statutory limitations, to include changes to the Multiple Award, Indefinite Delivery Indefinite Quantity, Task Order Contract (MA IDIQ) Guide.
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 estimate 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 construction services to be provided include the management, planning, and execution of a broad variety of sustainment, maintenance repair and major construction work for government facilities consisting of, but not limited to, office buildings, medical facilities, classrooms, shops, storage areas, barracks, dining facilities, HVAC systems, storm drainage systems, civil works, electrical systems, parking lots, road ways, bridges and culverts, landscaping, fire stations, security stations, renovation/repair projects, utility buildings, utility systems, and site improvements, on an as needed basis. These services shall be furnished in response to duly authorized task orders issued in accordance with Section C. Paragraph entitled “Ordering Procedures.”
The work required herein extends beyond the conventional, single construction effort in that it involves the planning, scheduling, coordinating, and procuring of material for upwards of 10 multi-discipline projects being executed simultaneously.
These projects will have varying scopes and values ranging from $10,000.00 to $30,000,000.00 at various stages over terms that can overlap over more than one calendar year. (See historical graph attachment). The contractor will be required to maintain a management office in Fort Gregg-Adams in order to receive work requests and provide other engineering management and construction management services related to accomplishing individual jobs. Individual jobs will vary in size, with the majority expected to be large in size. The jobs will include tasks in a variety of trades, such as excavation, drywall and insulation, flooring, finishes, roofing, siding, electrical, painting, plumbing, carpentry, plans, layouts and estimations by licensed engineers, architects and environmental engineers on staff, roads, civil and structural work, road repair, steam fitting, sheet metal, steel construction, site improvements, demolition, concrete, HVAC repair/installation, HVAC controls installation, engineering, masonry, asbestos and lead base paint testing and abatement welding and utility work. The duration of the base period of this contract will be for 12 months with four (4) 12-month option periods, and an (8) Extension Six Month Option (If Needed) a to be executed at the Government’s discretion and the Contractor’s agreement. The maximum amount for the base and option periods is ($165,000,000.00).
Phase-In $0.00, Base Year - $30,000,000.00, First Option Year - $30,000,000.00, Second Option Year - $30,000,000.00, Third Option Year - $30,000,000.00, and the Fourth Option Year - $30,000,000.00, (8) Extension Six Month Option (If Needed) - $15,000,000.00. The maximum dollar value of the total contract is $165,000,000.00. Workload will fluctuate according to funding.
General Information:
This section consists of the following documents to be used in the execution of work under this contract.
Multiple Award, Indefinite Delivery Indefinite Quantity, Task Order Contract Technical Specifications, specified in each Task Order Hours of Work. The contractor’s standard working hours shall be between 7:00A.M. and 4:00 P.M. with no scheduled work on weekends and Federal Holidays, unless approved by the Contracting Officer.
The Technical Specifications will reference the Unified Facilities Guide Specifications (UFGS) a joint effort of the U.S. Army Corps of Engineers (USACE), the Naval Facilities Engineering Command (NAVFAC), the Air Force Civil Engineer Support Agency (HQ AFCESA), the Air Force Center for Engineering and the Environment (HQ AFCEE) and the National Aeronautics and Space Administration (NASA). (This has replaced the US Army Corps of Engineers guide spec.) All specifications are filed in Division 1 through 50 as per Construction Specifications Institute (CSI) and UFGS guidelines.
The Technical Specifications provided will reference and coincide with the Unit Price Book (UPB) R.S. Means Cost Data.
The intent of these specifications is to furnish generalized products and procedural standards for maintenance and repair of Government facilities.
The R. S. Means Facilities Cost Data Book and the associated EuroJOC cost estimating software current as of when the task order is awarded by Corvet Systems of Silver Springs Maryland, shall be provided by the contractor. The R. S. Means Facilities Cost Data Book current as of when the task order is awarded shall be provided on an annual basis. The associated EuroJOC cost estimating software shall be provided and updated quarterly per year throughout the contract term. The contractor shall provide no less than 9 copies of the RS Means Facilities Cost Data Book current as of when the task order is awarded to the government. In addition, the contractor shall provide 9 copies or licenses of the associated EuroJOC cost estimating software.
R. S. Means Facilities Cost Data Book contains pricing information for the description of work to be accomplished and for the unit of measure specified. The associated EuroJOC cost estimating software will provide the same data.
R. S. Means Facilities Cost Data Book consists of Divisions 1 through 50, which are applicable to Division1 through 50 of the Multiple Award, Indefinite Delivery Indefinite Quantity, Task Order Contract Technical Specifications, as utilized by task order. The associated EuroJOC cost estimating software will provide the same data.
R. S. Means Facilities Cost Data Book contains one set of pricing data for Fort Gregg-Adams with applicable weighted average local city cost indexes for materials and labor bare costs. The type of construction and Davis-Bacon wage rate will be identified at the time the contractor receives a request for proposal from the Government for each individual task order. The associated EuroJOC cost estimating software will provide the same data. A full text description is provided for the abbreviations used in the UPB and are identified in R. S. Means Facilities Cost Data Book Base current as of when the task order is awarded. The associated EuroJOC cost estimating software will provide the same data. Sample Calculation in Section M is included to illustrate the use of the R. S. Means Cost Data. Coefficient and dollars figures are fictitious.
Coefficient:
All costs not included in the RS Means cost data shall be included in the offeror’s coefficient. Offerors must submit one set of coefficients (normal, non-normal and non-pre-priced) to be utilized for the total contract (base year and four option years) in order to be considered acceptable. The coefficient is the price multiplier that an offeror submits. Subsequent to issuance of task orders, the coefficient is used to determine the total price of the project. If the Government directs a work schedule, which is in excess of 40 hours per week, then the (other than normal working hours) coefficient will be applied against those items of work, which will be performed during overtime hours. The price for the remaining items of work is calculated using the coefficient for normal working hours. Each coefficient contains all contractor-associated costs. The same set of three coefficients will be utilized throughout the contract term; R.S. Means Cost Data and software will be updated and set in place each year by the contractor upon published date and will be incorporated for the total contract on a set date by modification. This modification may not coincide with exercising contract option periods but can occur as soon as published R.S. Means Cost Data and updated EuroJOC software is available and set in place by the contractor.
The Government requires the contractor to provide the current year R.S. Means cost data and EuroJOC software as a unit price book for the base and each option year as part of the contract upon availability/publication release. It shall be the contractor’s responsibility each year to set the updated version of R.S. Means cost data hard copies and EuroJOC software in place at each government/contractor site in preparation for a total contract start date for revised version usage. The R.S. Means bare cost data with the (material and installation) weighted averages of the local city cost index for each Installation will be applied to establish prices to be paid by the government with exception of those costs covered by the coefficient. (i.e. overhead, profit, bonding premium, insurance, Davis-Bacon Wage increases at each option year, on-site management, RS Means hardware and software etc.). Offerors shall include the above-mentioned exception costs and all others beyond those costs in their coefficient. Historical workload for Fort Gregg-Adams, VA will be contained in the solicitation for development of one (normal working hour) and one (non-normal working hour) coefficient. Substantial workload data is available to the contractor to formulate realistic prices. The Davis- Bacon Wage Rates will be updated each year upon exercising the Option Period. The Base Year coefficients and the applicable R.S. Means local weighted average city cost indexes will apply to the contract task orders for each Installation. A non-pre-priced/special (NPP) item coefficient shall be established at a percent rate of the first-tier subcontractor/supplier cost.
The offeror will be required to provide in the contract the yearly updated R.S. Means data books with applicable software as defined in the Technical Specifications to accomplish the tasks described in the solicitation. One coefficient shall be utilized for the entire term of the contract; R.S. Means cost data and software shall be updated each year upon the published date of release and incorporated by modification of contract. Based on a Directorate of Public Works market survey and documented selection, the Request for Proposal will require the EuroJOC software to be provided by the contractor and included in the coefficient cost.
The Contractor will be required to submit a clear audit trail as to the conversion of coefficient cost which must be consistent with the offeror's cost accounting system. The proposal should address detailed coefficient cost elements including but not limited to direct and indirect costs, overhead, bonding and profit.
Although some items may be included in the RS Means cost data book, the following items shall be included in the contractor coefficient as part of general business operations to include, -Mobilization and Demobilization of contractor small equipment.
-Site spotters -Lift Operators -Trailer and office expenses -Dust Protection up to 20,000 sq. ft.
-Temporary protection of equipment, existing facilities and construction up to 20,000
sq. ft.
-Construction Site Management Fees and Project Management Fees -Travel Time -Labor Percentages on top of line items
The KO will identify any security training required before the start of work. The Contractor’s key personnel shall train all Contractor personnel at the Contractor's own expense.
The MA IDIQ 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 MA IDIQ are comprised of a number of pre-described and pre-priced tasks. Individual TO cost proposals shall be determined by the applicable quantities of necessary UPB line items. The UPB lists the price for labor, equipment, and materials.
Work Hours Normal work hours are from 0700 to 1600, Monday through Friday. However, the Contractor may be required to work outside of the normal work hours. 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.
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 and inspect the job site prior to the start of any work. The Contractor shall document (with photos) 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.
Task 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.
The contractor shall be fully staffed at the time of award of this contract.
INSTALLATION RULES AND REGULATIONS
The rules and regulations of the installation where services are performed shall apply to the contractor and his employees while on the premises of such installation. These regulations include but are not limited to presenting valid identification for entrance to the installation, state registration for contractor-owned and/or privately owned vehicles, consent to search vehicles, possession/use of firearms and prohibited substances, traffic regulations, professional and civil individual behavior, obeying all posted directives, and providing strict adherence to military and civilian police direction.
As a minimum, the overall Senior Site Program Manager(s) for the Contractor shall be authorized as a legal representative of the contractor who can sign contracts and other legally binding documents related to the contract on the Contractor’s behalf. The Senior Site Program Manager or other authorized legal representative shall be available within 2 hours to meet on-site with Government personnel.
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.
Project work under this contract may be performed only after the contracting officer issues a written task order. Each task order will have its own period of performance, which may commence upon issuance of the task order or upon issuance of a notice to proceed as stipulated in the task order itself. Receipt and acknowledgement in block 16 of the DD Form 1155, or in block 30A of the Standard Form 1442 the Task Order will serve as Notice to Proceed for the project listed on the form. The contractor is required to sign and return the form to the Contracting Officer. Commencement of the work outlined in the Task Order shall begin promptly upon acknowledgement of the Task Order. If sufficient reason exists not to acknowledge a Notice to Proceed, the rationale must be provided in writing to the Contracting Officer within ten (10) days of receipt of the Task Order.
PLACE OF PERFORMANCE
Project task orders under this contract will be performed at Fort Gregg-Adams, Virginia. The specific place of performance at Fort Gregg-Adams will be designated on individual task orders.
PROPOSAL PREPARATION COSTS
The Government reserves the right to not place an order for more than the minimum guarantee. In the event the Government solicits proposals in anticipation of issuing a task order but then does not issue the task order, the Government is not liable for costs incurred by the contractor for proposal preparation costs in those situations. Similarly, the Government is not liable for costs incurred by the contractor for proposal preparation costs in situations that lead to the issuance of task orders or modifications thereto.
REQUIRED INSURANCE (IAW FAR 28.306(b)) Reference FAR clause 52.228-5 entitled "Insurance – Work on a Government Installation, Jan 1997" the contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.
a. Workmen's Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen's Compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.
b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.
c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.
d. The Certificate of Insurance shall provide for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned “Insurance” clause.
DAVIS BACON WAGE DETERMINATION
Individual task orders will be subject to one or more of the applicable Wage Determinations as the work dictates at the time of contract award (see Section J, List of Attachments). Upon exercise of an option period, new wage determinations will be incorporated and contractors will be required to comply with the revised wage rates on future task orders. See FAR Clause 52.222-30, section I. DAVIS-BACON-SECONDARY SITE OF THE WORK: In accordance with FAR 52.222-5, this provision will apply at the Task Order level.
SUBCONTRACTING RESPONSIBILITIES
The contractor shall be responsible for the management and performance of all subcontractors. The contractor shall ensure Task Orders are completed within the stated requirements. Within fourteen (14) days after award of a task order the contractor shall deliver to the Contracting Officer a completed Standard Form 1413, Statement and Acknowledgment, for each subcontractor used. Nothing contained in the contract shall create any contractual relation between the subcontractor and the Government. In addition, Contractor shall furnish to the Government a monthly listing of all subcontractors.
NOTICE OF CONSTRUCTIVE CHANGES
No oral or written order, statement or direction by anyone other than the Contracting Officer expressly operating within the confines of his/her legal authority shall constitute a change order under the “Changes” clause of this contract or entitle the contractor to an equitable adjustment of the price or delivery schedule. `
PRE-CONSTRUCTION CONFERENCE
Prior to commencing work under a task order, the contractor shall meet with the Contracting Officer and/or designated technical personnel at a mutually agreeable time to discuss and develop mutual understandings concerning schedule and executing the work. The Contractor is required to furnish a current certificate of insurance and a letter appointing the project manager at the meeting.
PAYMENT FOR MATERIALS STORED ON SITE
a. Payment for materials/equipment stored on site may be authorized on a case-by-case basis.
b. Consideration for payment for materials stored on site is subject to the following conditions:
(1) The contractor shall furnish the contracting officer a list of the major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested.
(2) Payment is limited to major high-cost items. Payment of major high-cost items does not include contractor overhead and profit.
(3) Payment requests shall be consistent with approved material submittals and shall be supported by the following documents:
- Certified paid vendor invoices
- Inventory checklists, jointly validated by the contractor, contract administrator, and/or Government inspector.
- Accepted delivery tickets, if applicable.
(4) All material for which payment is requested shall be delivered to an approved location on-site, and certified that none will be removed without written permission of the contracting officer. Materials may also be stored in a bonded warehouse offsite if suitable storage space is not available on base.
(5) Payments will be made monthly, or at more frequent intervals as determined by the contracting officer.
(6) The contractor shall remain responsible and retain title to the materials until incorporated into the work.
BID GUARANTEE (IAW FAR 28.101-2)
(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) 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. -
(d) 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.
PERFORMANCE AND PAYMENT BONDS –
a. Applicable to individual task orders Payment Bond: The penal sum of the payment bond shall equal one hundred percent (100%) of the specified minimum value of the contract. When the outstanding task orders exceed the minimum quantity of the contract, the contractor shall be required to provide additional payment bond protection equal to 100% of the difference between the outstanding task orders and the bonding in place at that time. The Government may direct the Contractor to increase its payment bond by either increasing the penal amount of the existing bond or obtaining an additional bond.
Performance-Bond: The penal sum of the performance bond shall equal one hundred percent (100%) of the specified minimum value of the contract. When outstanding task orders exceed the minimum quantity of the contract, the Contractor shall be required to provide additional bond protection equal to 100% of the difference between the outstanding task orders and the bonding in place at that time. The Government shall require the Contractor to increase its performance bond or obtain an additional bond (e.g., bond required at time of award $150,000, task orders in effect is $250,000, 150,000 and 100,000 and the next task order is for $100,000, then additional bonding for $100,000 would be required.)
b. Contractor shall furnish Performance and Payment Bonds (Standard Form 25/25A) with good and sufficient surety or sureties, acceptable to the Government. With the exception of preliminary construction work, a notice to proceed shall not be issued and no work shall begin until good and sufficient surety, as identified below has been received and accepted by the Contracting Officer.
c. When a Payment Bond is required, the contractor may submit one of the following as an alternative to Standard Form 25A:
(1) An irrevocable letter of credit (ILC).
(2) A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, as escrow agent, and all of the suppliers of labor and material. The escrow agreement shall establish the terms of payment under the contract and of resolution of disputes among the parties. The government makes payments to the contractor's escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required.
(3) Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the contracting officer, in an acceptable form, executable by the contracting officer.
(4) A deposit of the types of security listed in FAR 28.204-1 and 28.204-2.
d. Bonds are due within 10 calendar days of the receipt of the task order.
e. Additional bond protection.
(1) The Government may require additional performance and payment bond protection if the task order price has increased. The increase in protection generally will equal 100 percent of the increase in contract price.
(2) 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.
CLAUSES INCORPORATED BY FULL TEXT
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within (*See Note Below) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than. (*See Note Below) The time stated for completion shall include final cleanup of the premises.
*Performance period for each task order to be stated on each individual task order.
(End of clause)
Deliverables The Contractor shall submit to the KO (with copies furnished to the COR) a complete package of pre-construction deliverables which include, but are not limited to, as-built drawings, government approvals, permits, 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.
PERIOD OF PERFORMANCE
a. The ordering period of this contract represents periods of time in which the Government may place task orders. Individual task orders will include specific periods of performance unique to the task order.
Base Year: 01 October 2025 – 30 September 2026 or date of award for 12 months.
Option Year 1: 01 October 2026 – 30 September 2027 or 12 months following Base Year if option is exercised by the Government.
Option Year 2: 01 October 2027 – 30 September 2028 or 12 months following Option Year 1 if option is exercised by the Government.
Option Year 3: 01 October 2028 – 30 September 2029 or 12 months following Option Year 2 if option is exercised by the Government.
Option Year 4: 01 October 2029 – 30 September 2030 or 12 months following Option Year 3 if option is exercised by the Government.
(8) Extension 01 October 2030 – 31 March 2031, this is a Six (6) month extension option (If needed) by the Government.
b. The Base Ordering Year will begin on the date of MA IDIQ contract award and continue for 1 year. Each Option Year, if exercised by the Government, will commence upon cessation of the preceding year and continue for 1 year.
FEDERAL HOLIDAYS
The following federal legal holidays are observed by this installation:
| New Year’s Day |
| 1st of January |
| Martin Luther King's Birthday |
| Third Monday in January |
| President's Day |
| Third Monday in February |
| Memorial Day |
| Last Monday in May |
| Independence Day |
| 4th of July |
| Labor Day |
| First Monday in September |
| Columbus Day |
| Second Monday in October |
| Veterans Day |
| 11th of November |
| Thanksgiving Day |
| Fourth Thursday in November |
| Christmas Day |
| 25th of December |
When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the proceeding Friday is observed as a legal holiday. This list of holidays relates to Government duty days and is not intended to supplement or otherwise alter the provisions of any Wage Determination regarding applicable paid holidays. In addition to the days designated as holidays, the Government observes the following days:
- Any other day designated by federal statute
- Any other day designated by Executive Order
- Any other day designated by Presidential Proclamation
It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract.
NOTE: Individual task orders will be more specific if work is allowable on federal holidays
PREPARATION OF SCHEDULES FOR CONSTRUCTION CONTRACTS
Reference FAR Clause 52.236-15 titled "Schedules for Construction Contracts." Construction schedules and progress reports may be prepared using any commercial project scheduling software. The schedule should reflect weekly progress by work element and/or construction trade from receipt of notice to proceed through final inspection and acceptance. The contractor shall furnish bi-weekly progress reports reflecting actual progress with scheduled progress.
PREPARATION OF MONTHLY STATUS REPORT ON ALL ACTIVE TASK
ORDERS
The Contractor shall provide to the Government (Contracting Officer and CORs) monthly a detailed report on the 10th of the following month to include the information below:
List of subjects, dollar amount, start date and completion date of all task orders issued during the month.
List of subject and dollar amount of all task orders completed during the month.
Listing of subcontractors used per task order number.
Status of all incomplete task orders.
Amount of task orders issued, and of the difference between dollar amount issued and the MA IDIQ's maximum value.
List of task order modifications and dollar amount (if applicable) issued during the month.
Master list of all task orders awarded with description, Installation, award amount, modification amount, total amount and fiscal year (sub-totaled by fiscal year).
Post-completion deliverables such as completed warranties certificates, completed DD Form 1354, as-built drawings, room key inventory list, installed building equipment list, operation and maintenance (O&M) manuals, payrolls, and environmental closure documents shall be submitted to the KO prior to requesting final payment.
At a minimum, the Government will provide a general scope of work or concept for each Construction requirement. Construction or scope concept will define the project and state the Government’s requirements. The scope of work may include criteria and preliminary construction, budget parameters, and schedule or delivery requirements. Architects or engineers registered to practice in the particular professional field shall prepare, or review and approve, the design of architectural, structural, mechanical, electrical, civil or other engineering features of the work. Drawings provided by the Government may not be stamped by A&Es.
The Contractor shall identify a Designer of Record (“DOR”) for each area of design. All design disciplines shall be accounted for by listed, registered Designer(s) of Record. Each DOR shall be responsible for ensuring integrity of their design and design integration in all construction submittals and extensions to design developed by others, such as the constructor, subcontractors or suppliers. The DOR shall review and approve all construction submittals and extensions to design, in accordance with the procedures, described in Section 01330 SUBMITTALS. Each DOR shall be responsible for the responses to “Requests for Information” (“RFI’s”), applicable to their area of design responsibility. Each DOR shall sign, and date all design drawings under their responsible discipline at each design submittal stage and all submittals under their responsible discipline, in accordance with the submittal review procedures. The DOR shall sign-off on all applicable RFI responses. The drawings and other data become property of the Government.
Work Execution The Contractor shall begin work NLT the time specified on the TO Notice to Proceed (NTP). 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.
No oral or written order, statement or direction by anyone other than the Contracting Officer expressly operating within the confines of his/her legal authority shall constitute a change order under the “Changes” clause of this contract or entitle the contractor to an equitable adjustment of the price or delivery schedule. `
4.4.2 Correspondence Identification
The Contractor shall use a contract number and TO number on all correspondence sent to the KO or COR. The Contractor shall provide one (1) electronically with one (1) paper copy of all correspondence.
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 s provided by the Government and will include as built or sketches as applicable for the SOW to be accomplished.
C.4.2. Time Allowed for Completion of Task Orders:
C.4.2.1 These formulas are for information only and may be used by the Government as a guideline for estimating task order completion time, along with other factors. Performance time will be negotiated for each task order. The number of days thus computed will be converted in the corresponding completion date and recorded onto each task order during its preparation. The contractor shall plan, perform and manage all work so as to comply with such completion dated. (See FAR Clause 52.211-12 Liquidated Damages.)
C.4.2.2 The Government has established the following requirements pertaining to the timely completion of task orders. The performance period for any task shall begin as indicated in the task order. A task order is considered complete upon final acceptance.
C.4.2.3 The maximum number of days allowed for completion of each task order may be computed by the Government in accordance with the equation below.
Equations (all days are calendar days in equations)
FOR PROJECTS $10,000.00 - $30,000,000.00
Total Days = 180 + (0.000293 x A) + B + C + D + E + F A = The task order price in dollars B = The number of R.S. Means Facilities Cost Data divisions from which the contractor has drawn line items in pricing the project.
C = 14 days if the project requires new concrete or masonry construction, or new plaster or drywall installation if no such work is required then C=0.
D = 7 days if an advance construction notice for occupants is required, if no such advance notice is required then D=0.
E = Any number of extra days so determined by the Government (prior to the issuance of the task order) to be necessary for the proper execution of the work when extraordinary circumstances are present. Under most normal circumstances E=0. Extraordinary circumstances which may prompt the government to allow extra days include the following:
- testing and evaluation of worksite conditions require extra days.
- Proper notification to Ft. Gregg-Adams Garrison for any road closure or utility shutdowns. Contractor shall give DPW/MA IDIQ, a 14 calendar days’ notice prior to shut down or road closure. All shutdowns and road closures need government and federal union approvals.
- documented unavailability of materials or equipment.
- The existence of Government activities which may delay work in or around the site.
- Full compliance with any applicable law, regulation or safety requirement will require extra days beyond the number of days allowed by other elements of the equation.
| - Extensive utilities coordination is required; or |
| - The Contracting Officer or his representative has determined that allowing extra days will be in the best interest of the Government. |
F = 5 days if an approved for digging permit is required, if an approved form is not required, then F=0.
C.4.2.4. Notwithstanding the completion standards stated above in paragraph C.4.2.3, the Contracting Officer may:
- Allow completion time extension for any task order issued when factors beyond the control of the contractor delay work on the task order if the Contractor, within 10 days from the beginning of any delay notifies the Contracting Officer in writing of the cause of delay. The Contracting Officer shall ascertain the facts and the extent of delay. If, in judgment of the Contracting Officer, the findings of fact warrant such action, the time for completing the work shall be extended.
- Negotiate a completion time that would be sooner than that established by equation for situations involving emergency or time critical work. Since the Government cannot predict and the contractor cannot plan for such work, the use of the other than normal working hours coefficient and the transfer of contractor resources from less urgent work (with provisions for completion time extension or such less urgent work) may be negotiable items in such instances.
- Some task orders may require phased completion times. For such task orders, completion times for individual phases will be determined by mutual agreement during project proposal negotiations; nevertheless, the computations of the maximum number of days allowed for completion of the entire task order will remain in accordance with paragraph C.4.2.3 above.
252.216-7006 ORDERING (MAY 2011)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from the contract award date through to the final date of the MA IDIQ ordering period(s).
(b) All delivery orders or task orders are…
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