Solicitation_W91151-17-R-0063_Amendment_0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

a. This amendment is issued to clarify the guaranteed minimum stated in Section 00800, Contract Value, applies only to the base period.

b. The link for the Davis-Bacon Wage Determinations is updated.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 10-Jul-2017

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W91151-17-R-0063

X 9B. DATED (SEE ITEM 11)

05-Jul-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

10-Jul-2017

CODE

418TH CONTRACTING SUPPORT BRIGADE (CSB)

36000, DARNALL LOOP, ROOM 1300B

FORT HOOD TX 76544-5095

W91151 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W91151-17-R-0063

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL REQUIREMENTS

CONTRACT VALUE:

(1) Minimum: The guaranteed minimum which is required under this contract, is $750,000.00 for the base period only. The Government will obligate funds for this guaranteed minimum through the issuance of negotiated task orders for work requirements.

(2) Maximum:

(a) The estimated maximum dollar value of the base period is $15M; the estimated maximum dollar value of each option period is $15M. Option periods will normally be awarded on a 12-month period basis;

however, if the $15M ceiling is reached prior to the end of the 12-month period, the next option period can be awarded sooner. In no event will the sum of the estimates from the basic contract and each option period exceed the maximum of $75M ceiling.

(b) The Government is not obligated under the terms of this contract, to award task orders up to the maximum possible limit. The Contractor is not entitled to seek equitable adjustment when the maximum value is not realized.

APPLICABLE WAGE DETERMINATIONS:

Applicable Davis-Bacon wage rates will be identified for all Task Orders issued under this contract current as of the time of award of the Task Order. Contractors shall comply with the applicable Acts and related clauses at the Task Order level with each individual Task Order.

Wage Determinations may be found for Davis-Bacon at: https://www.wdol.gov/dba.aspx

KEY PERSONNEL:

The Contractor’s contract management team shall be comprised, at a minimum, of an On Site Contract Manager, Project Managers, full-time dedicated Superintendents (IAW 52.236-6, Superintendence by the Contractor), a Quality Control Plan Manager, Drafting/CAD Manager, and Project Scheduler.

The Contractor shall provide to the Contracting Officer, within 10 calendar days after notification of contract award, a letter designating the key positions described below. The Contracting Officer will review qualifications and provide a notification of acceptance of the individuals proposed. No substitutions of the key personnel proposed is authorized without prior written approval of the Contracting Officer.

In the event of short absences of the key personnel under this contract (or the release of the individual currently performing the work), the Contractor shall request to substitute another fully qualified individual. This request shall be provided, to the Contracting Officer, in writing, no less than three business days prior to the need to substitute.

Requests for substitution will not adhere to this three-day time frame if submitted on a Friday or the day prior to a Federal Holiday.

Under this contract, the Contracting Officer will not authorize any interim approval of key personnel based on pending class completion, attainment of required training or licensure, or any other reason preventing the individual from being fully qualified. Failure to provide fully qualified key personnel at the time stipulated in this contract is considered a breach of contract and will be looked at as a potential basis for termination. Delays in providing a fully qualified key personnel shall not be considered a Government delay.

(1) On Site Contract Manager (hereinafter known as the Contract Manager): This individual shall be a full-time, dedicated employee of the prime contractor, speak fluent English, and have full authority to obligate the Contractor in all activities under the contract. The Contract Manager shall be responsible for the overall management of this contract and shall be the central point of contact in all matters relating to contract administration and performance of task order requirements under this contract, including warranty issues. The Contract Manager shall possess at least a baccalaureate degree in one of the following disciplines: Engineering, Architecture, Construction Science, Business Administration, or Construction Management; possess no less than five (5) years of experience in managing construction type contracts for Federal Government agencies that involved multiple, simultaneous multi-disciplined requirements for a single customer, with an average annual value of $8-10M or more.

(2) Project Managers: This contract anticipates the use of multiple Project Managers. These individuals shall be dedicated employees of the prime contractor, speak fluent English, and be directly accountable to the Contract Manager. Each Project Manager shall possess a minimum of 10 years of experience in the construction field, with at least five (5) of those 10 years of experience in construction management, and shall possess at least an associate’s degree in one of the following disciplines: Engineering, Architecture, Construction Science, Business Management, or Construction Management. A summary of experience shall indicate the candidate for the Project Manager position possesses the particular knowledge, skills, and abilities to successfully perform the duties of the position. Management experience may run concurrently with general construction experience. Each Project Manager shall manage no more than a total of five (5) projects at any given time. The individuals identified will be responsible for the overall development of contractor task order proposals, and general oversight of task order execution for all projects assigned to them. Project Managers shall be Project Management Professional (PMP) certified from the Project Management Institute and be completely familiar with Federal regulations pertaining to construction and State of California, and local policies and procedures.

(3) Superintendents: These individuals shall be full-time dedicated employees of the prime contractor, speak fluent English, and be directly accountable to the Project Manager. Each superintendent shall possess a minimum of seven (7) years journeyman level experience in the construction field, with a minimum of three (3) years of experience in a supervisory position. A summary of this experience shall indicate the candidate for the superintendent position possesses the particular knowledge, skills and abilities to successfully perform the duties of the position. Supervisory experience may run concurrently with general construction experience. The candidate, as a minimum, shall show evidence of graduating from an accredited technical school in an appropriate field of study relating to an accepted construction trade; credible qualifications through a recognized union in the construction trades arena; or supervisory experience in a business specializing in a construction field. Each superintendent shall manage no more than a total of four (4) projects at any given time, provided there is no more than 10 minutes travel time between job sites. The individual(s) identified will be responsible for timely progress and completion of all assigned work, and be wholly devoted to the supervision of work in progress under this contract only.

(4) Quality Control Plan Manager (QCM): This individual shall be a full-time, dedicated employee of the prime contractor, speak fluent English, and be directly accountable to the corporate level Quality Control Manager only. As the QCM, this individual shall be responsible for the overall quality of work performed under this contract, and possess knowledge of and show current license/certification in all of the following areas: ACI Concrete Field Testing Grade I Certification; Master Plumber License; Master Electrician License; 40-hour OSHA Safety Inspection Certification; Asbestos Contractor/Supervisor Training; Confined Space Entry Training Certification; Air Conditioning Technician Certification in accordance with 40 CFR, Part 82, Subpart F; Storm Water Permit Certification; NICET Level 1 Soils Certification; and the US Army Corps of Engineers Quality Control Training Course Completion Certificate.

The QCM and support staff shall remain autonomous to the corporate level Quality Control Manager, and not be influenced by other members of the on-site staff. The QCM shall have a minimum of 10 years combined specialized experience as a QCM in industrial, institutional, and Department of Defense agency (i.e., Corps of Engineers, Air Force, Navy, Marine Corps, etc.) activities. The QCM SHALL NOT HAVE OTHER DUTIES THAN QUALITY CONTROL. Should the QCM fail to be dedicated solely to quality control functions identified herein, or be otherwise directed to perform outside these boundaries, this shall be construed as a contract violation.

The primary responsibility of the QCM is to implement and enforce the Contractor's Quality Control Plan

(refer to detailed quality control plan requirements at Division 1, General Requirements, Technical Exhibit A).

There shall only be one QCM under the contract; the expectation is that the Contractor shall provide sufficient quality control inspector staff to effectively and efficiently inspect all active projects on a daily basis. The quality control staff shall be capable of detecting construction violations in all construction phases and all disciplines to include, mechanical, electrical, plumbing, and civil quality/construction. The Government has determined that, in order to provide sufficient quality control under this contract, the contractor shall provide support in all four disciplines identified above. The quality control support staff shall possess knowledge of and show current license/certification in their respective areas of responsibility. The quality control support staff shall be directly accountable to the QCM.

(5) Computer Aided Design and Drafting (CADD) Manager: This individual shall be a full-time, dedicated employee of the prime contractor, speak fluent English, and be directly accountable to the Contract Manager. The CADD Manager shall possess a baccalaureate degree in one of the following construction disciplines: Engineering, Architecture, or Construction Management; demonstrate a minimum of five (5) years specialized experience in the performance of construction drawing development; be proficient in CADD software (current version) such as Bentley's MicroStation; and be able to design and/or oversee the design of all construction drawings on a large number of concurrent projects. The CADD Manager should be qualified to work on assignments that are moderately complex in nature where judgment is required in resolving problems and making recommendations, and is capable of working independently without direct supervision and detailed instructions.

There could be up to 40 active task orders being performed simultaneously at any given time, the CADD

Manager may need support from CADD operators to ensure timely submission of acceptable as-built drawings.

Those CADD operators are expected as a minimum, to have completed at least an associate’s degree program through an accredited CADD school.

(6) Project Scheduler: This individual shall be a full-time, dedicated employee of the prime contractor, speak fluent English, and be directly accountable to the Contract Manager. Minimum qualifications include at least three (3) years specialized experience in scheduling, estimating, cost management, and impact/change order analysis; another two (2) years of experience in developing critical path construction project schedules (Microsoft Project or comparable commercial scheduling software); and, three (3) years of experience scheduling simultaneous management of multiple task orders sufficient to avoid conflicts in various trades performing under the contract.

COST ESTIMATING SOFTWARE:

The contractor shall purchase, maintain and use the latest version of a commercial cost estimating and project management software tool (e.g., WinEst, MS Project, e4Clicks). The Contractor shall use this software to estimate and submit all of their projects, both electronically and on paper. The Contractor is responsible for deciding which software application to purchase and the number of copies of the software that they will need to support their contract requirements. The Government uses e4Clicks as the RSMeans reference and estimator.

The estimating and project management software package must be able to import and export estimates and projects electronically in a secured estimate file format. It shall be able to track projects by contract, contract year, estimator, customer, and/or project location. It shall support project management tracking of project milestones, project costs, locations, contacts, and project notes. It shall provide a means for document management, whereas the user can setup template documents, and create new, project specific documents using the current project details. The software must support multiple contracts, contractors, and coefficients. The software shall be able to import the contractor’s estimate, complete an electronic comparison and technical evaluation showing the Government’s pre-negotiation strategy, as well as producing the contractors revised estimate report to show the post negotiation changes made from the initial estimate to the final accepted estimate. The software must be capable of handling multiple coefficients and the contractor’s markups within a project. The database shall contain all of the line items found in the RSMeans bound volumes. Software must support specification management, whereby specific line items will be linked to specific specifications and the user can automatically produce a detailed specification document for each project as they build their estimates. The software must support estimate line item notes and takeoff both manually and via electronic drawings, providing the ability for instant drill down from a line item quantity to the specific drawing and measurement. The software report engine may support square foot planning and programming detailed reports for future projects and budgeting. All RSMeans databases must be protected from being changed by any user. The software must support all of the City Cost Index provided by RSMeans annually and quarterly in addition to supporting Division Level Material/Installation, Division Level Weighted Average, Weighted Average Material/Installation and Weighted Average Totaling for Bare Cost pricing and O&P unit pricing. The RSMeans data must be provided in both book description and full character descriptions. The software shall be able to export to Microsoft Excel™ and Adobe PDF™ file types as well as create electronic DoD Form 1354 Real Property documents. The Government uses e4Clicks as the RSMeans reference and estimator.

WORK HOURS:

Construction contracts are calculated in calendar days (see SF 1442, Block 11). The contractor is allowed to work on weekends, as necessary, to demonstrate adequate progress is being made and adhere to the approved progress schedule. Coordination of work outside the normal working hours of 7:30 a.m. to 4:30 p.m., Monday through Friday (excluding Federal holidays), shall be made directly with the Contracting Officer of record under this contract. Accommodation for quality assurance surveillance presence on the job site outside normal working hours is required, and requests to work outside the normal working hours must be submitted to the Contracting Officer in writing, at least 72 hours in advance of the work schedule. To the maximum extent practicable, the contractor should develop its progress schedule on the basis of a 5-day work week. Work at the construction site should no later than 8:00 AM (contingent upon the availability of facilities), with daily cleanup beginning no earlier than 4:00 PM each work day.

FEDERAL HOLIDAYS:

The following days are legal recognized holidays:

New Year’s Day 1st of January Martin Luther King Jr.’s Birthday 3rd Monday of January Washington’s Birthday (President’s Day) 3rd Monday of February Memorial Day Last Monday of May Independence Day 4th of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veteran’s Day 11th of November Thanksgiving Day 4th Thursday of 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 preceding 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

The contractor is NOT entitled to observe installation training holidays or other time off given to Government employees by Executive Order or other lawful order of the President of the United States.

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.

AWARD OF CONTRACT AND NOTICE TO PROCEED (NTP):

Generally, a 30-day mobilization period will be authorized at the beginning of the period of performance to allow for pre-construction responsibilities such as the submission of performance and payment bonds (see Block 12a and 12b of the SF 1442 and FAR 52.228-13).

A NTP will be given only after approval of required payment protection submitted in accordance with FAR Subpart

28. Standard Forms 25 and 25A are available at http://www.gsa.gov/Portal/gsa/ep/formslibrary . No billable work shall commence under any issued task order until after the contractor receives the NTP.

AWARD OF TASK ORDER AND NTP:

Work shall commence and NTP is given upon issuance of the task order, and all construction and contractual requirements shall be completed no later than the ending date of the period of performance cited in the task order.

Submission of the progress schedule (FAR 52.236-15), notifications to the State for special construction requirements, requesting dig permits, material submittals, and subcontractor agreements will be at the task order level.

ORDERING PROCEDURES FOR TASK ORDERS:

Authority to Place Task Orders: The MICC-Fort Irwin is hereby delegated authority to award and administer task orders under this procurement.

As the need exists for the performance under the terms and conditions of this contract, the Contracting Officer (KO) or authorized representative, will notify the contractor of an existing requirement. Upon receipt of this notification, the contractor shall respond to the needs of the Government within two (2) working days to visit the proposed work site in the company of the KO or authorized representative. IAW FAR 52.216-19, Order Limitations, if the contractor does not wish to provide the task identified, a written explanation of non-intent must be submitted within three (3) days after the work site visit. Explanation of non-intent must be acceptable to the Government. The inability of the contractor to make a profit on certain line items or due to distances involved are examples which are NOT acceptable reasons for non-intent. The contractor should recognize that some line items may produce high profits while others may produce at a loss. However, the overall contract should produce, with appropriate coefficients, reasonable profit to the contractor in general. The Government may issue unilateral task orders to the contractor if it deems the reasons for non-intent are unacceptable. The contractor may, at the discretion, submit a claim to the KO for final decision, and will be required to proceed diligently and expeditiously with the requirements of the task order.

Upon establishment of the scope of the individual requirement, the KO or authorized representative shall request, in writing, the contractor to prepare a proposal for the accomplishment of the task. The contractor’s proposal must be supported by necessary documentation to indicate that adequate planning to accomplish the requirement has been done. Examples of documentation that might be reasonably expected would include but is not limited to drawings (reflecting project scope), calculations, catalog cuts, specifications, etc.

Time for Submittal of Contractor Proposal: For projects under $40,000, proposals shall be submitted within three

(3) working days after request for proposal. For projects between $40,000 and $100,000, proposals shall be submitted within five (5) working days after request for proposal. For projects over $100,000, proposals shall be submitted within ten (10) working days after request for proposal. Projects that are unusually difficult as agreed by the Government and contractor will have individual agreed submittal time.

Upon receipt of the proposal, the Government will review for completeness and negotiate matters such as NPP items, performance times, materials, and quantities.

Unforeseen circumstances may prohibit the Government from issuing an individual task order even after the receipt of the contractor’s task order proposal or after task order negotiations. If such circumstances arise, the Government is not obligated to reimburse the contractor for any costs incurred in the preparation of the task order proposal.

Unauthorized Work: The Contractor is not authorized to commence task order performance without a signed task order or direction by a Contracting Officer. Only the Contracting Officer is authorized to waive or modify any term or condition of the contract. Notwithstanding any of the other provisions of this contract, a Contracting Officer shall be the only individual authorized on behalf of the Government to:

-Accept nonconforming work;

-Waive any requirement of the task order; or, -Modify any term or condition of the task order.

SCHEDULING WORK:

Before commencing work under any individual task order, the contractor shall confer with the KO or COR and agree on a sequence of procedures; means of access to premises and building; space for storage of materials and equipment; delivery of materials; use of approaches, corridors, stairways, elevators, and similar; means of communications; and the location of partitions, eating spaces, and restrooms for the contractor’s employees and the like.

Furniture and portable office equipment in the immediate area will be moved or protected by the contractor and replaced to original position. Sensitive equipment and computers shall be moved by the Government as arranged by the COR. If the work required will not allow furniture and portable office equipment to be replaced to its original location, new locations will be designated by the COR for placement by the contractor.

Delivery of materials and equipment shall be made with a minimum of interference to Government operations and personnel. The work shall, so far as practicable, be done in definite sections or divisions, and confined to limited areas which shall be completed before work in other sections or divisions are begun.

The contractor shall provide the site COR a daily work schedule by the prior work day at 3:00 PM, listing the task orders to be worked on that day and the trades involved.

INSURANCE REQUIREMENTS:

In accordance with FAR 52.228-5, Insurance – Work on a Government Installation, the following types of insurance and “minimum” amounts are required for this contract:

TYPE AMOUNT

Workers' Compensation $100,000 Comprehensive General Liability:

Bodily Injury per accident or occurrence $500,000 Comprehensive Automobile Liability:

Per Person $200,000 Bodily Injury per occurrence $500,000

TYPE AMOUNT

Property Damage per occurrence $ 20,000

MANDATORY ATTENDANCE – PRE-BID AND PRE-CONSTRUCTION CONFERENCES:

The Contracting Officer reserves the right to conduct a pre-bid/pre-proposal conference in conjunction with the site visit at the task order level. The Contracting Officer will review submittal requirements, and other administrative matters critical for successful and timely performance of the work.

The Contractor shall, at the discretion of the Contracting Officer, attend a Government coordinated preconstruction conference within 10 calendar days of task order award. As a minimum, the conference shall be attended by the contractor’s appointed project manager, the superintendent, the QCM, and administrative personnel responsible for preparation of contract documents, certified payroll records, and invoices. The contractor shall deliver letter appointments of its key personnel that include each individual’s duties, roles, and responsibilities.

EXCUSABLE DELAYS AS A RESULT OF ANTICIPATED ADVERSE WEATHER DELAYS:

Reference Section 00700, FAR 52.249-10: The following schedule lists adverse weather delays (due to precipitation) as calculated by the National Oceanic and Atmospheric Administration (NOAA) and will constitute the base line for monthly weather time extension evaluations. The contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities. Wind is not considered in this Schedule and shall not be considered an excusable delay unless exterior work tasks are foregone due to health and safety issues experienced during extremely high wind conditions. No weather delays are allowed for interior work.

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

1 1 1 1 1 1 1 1 1 1 1 1

PERFORMANCE AND PAYMENT BONDS AND ALTERNATIVE PAYMENT PROTECTIONS FOR

CONSTRUCTION CONTRACTS AND MODIFICATIONS:

Performance and payment bonds shall be required, and the penal sum established, by the contract award ceiling.

Payment Bond: The penal amount of each Payment Bond shall be one hundred percent (100%) of the original contract ceiling. Any subsequent increase in the contract ceiling shall result in an increase in protection which shall equal one hundred percent (100%) of the increase in contract ceiling.

Performance Bond: The penal amount of each Performance Bond shall be one hundred percent (100%) of the original contract ceiling. Any subsequent increase in the contract ceiling shall result in an increase in protection which shall equal one hundred percent (100%) of the increase in contract ceiling.

Bonds and other payment protections shall be provided within 10 calendar days of contract award.

Notice to Proceed will not be issued until the Contractor provides sufficient bonding to cover the contract ceiling.

Reference Contract Clause 52.228-15, Performance and Payment Bonds.

CONSTRUCTION CONTRACT PROGRESS PAYMENT REQUESTS:

The Contractor shall read and be familiar with FAR Clause 52.232-5, Payments Under Fixed Price Construction Contracts, and 52.232-27, Prompt Payment for Construction Contracts.

FAR Clause 52.232-5 stipulates that the Government shall make progress payments monthly as work proceeds.

Each progress payment request shall include all of the elements delineated at sub-paragraph (b)(1)(i)-(v). Failure to comply with the minimum requirements in this reference will result in immediate rejection of the invoice until corrected.

Further sub-paragraph (e), Retainage, will be enforced. Relating back to the requirements for an appropriately detailed progress schedule, progress reports, and progress payment requests shall be prepared in the same format as the approved progress schedule. Every definable element of work will be shown on every progress report and every payment request. For every element of work not completed by the approved time (late performance), the Contracting Officer will retain the maximum 10% of the amount of the payment of each incident of late performance until the work is satisfactorily completed and inspected in accordance with instructions and standards identified elsewhere in this contract.

Further, sub-paragraph (g), Reimbursement for bond premiums, will be enforced. The contractor shall provide evidence of payment of bond premiums paid to the surety (including coinsurance and reinsurance) before being allowed to submit for reimbursement of those expenditures in a progress payment request.

FAR Clause 52.232-27 (a)(1)(i)(A) discusses the due date for making progress payments as 14 days after the designated billing office receives a PROPER payment request (see discussion above). The Contracting Officer will date/time stamp receipt of each progress payment request package when it is delivered. That date/time will mark day one of the 14-day period for payment IF there is no disagreement over quantity, quality, or contractor compliance with contract requirements. If there is a disagreement in quantity, quality, or contractor compliance with any aspects of the contract at the time of delivery of the invoice, the invoice date/time stamp will be stricken through, initialed, and returned to the contractor for correction. This effectively stops the clock and it will start over when a properly executed invoice is delivered to the Contracting Officer.

In accordance with DFARS 252.232-7003, the Contracting Officer hereby determines that the following process is in compliance with DFARS: Once the invoice has been certified by the Contracting Officer, AND the contractor receives a signed copy, the contractor shall initiate a Construction Payment Invoice in WAWF, and route it directly to the COR identified in this contract. When the COR receives the WAWF invoice, he/she will verify the information submitted with the (local progress payment request form) approved invoice; if all information between the two documents is verified as correct and appropriate, the COR will perform the role of Acceptor, and approve the invoice forward to the DFAS for processing of the payment.

For contracts with a period of performance of 60 days or less the Contracting Officer has determined that no progress payment will be authorized. The Contractor shall be entitled to bill the Government for such projects only after completing a final inspection (and clearing any punch list generated), completion of any applicable O&M classes (to be coordinated with the COR), submission of final paperwork (i.e., as built drawings, DD 1354), and after confirming all certified payroll records have been submitted to the Government.

AVAILABILITY AND USE OF UTILITY SERVICES:

In accordance with FAR Clause 52.236-14, Availability and Use of Utility Services, water and electricity are furnished by the Government for the Contractor's use at no charge and in the performance of construction work at the job site, but only to the extent that their use is necessary to complete the work and the utilities are readily available at the site. Any usage of these utilities beyond what is needed to complete construction work at the job site or exceeds that which is readily available at the job site, and approved for use by the Contracting Officer, shall be furnished by the Contractor at its own expense. These utilities are provided provisionally and only to the extent that is necessary to facilitate the work. This authority can be revoked if the Government witnesses that utilities are being wasted; e.g., lights being left on when no work is being done or water is being left on unattended for any extended amount of time. Failure of the Contractor to comply with this request to conserve and preserve these utilities will result in the Contractor entering into individual metering agreements at the job site and paying for the use of these utilities.

In reference to FAR Clause 52.236-10, Operations and Storage Areas, the Contractor is AUTHORIZED to establish a field operations office or a temporary staging area under this contract. The ground footprint is approximately 30,000 square feet that is fenced by way of an FE-6 and vehicular gates. The Government provides at this location:

one (1) trash dumpster, one (1) recyclable dumpster, and water and power hookups. Communications are the responsibility of the contractor. Any costs incurred for the establishment of field operations facilities after contract award are made solely at the contractor’s cost, and without compensation by the Government. There shall be no squatting on the job site.

TOILET FACILITIES:

The Contractor shall, at its own expense, provide and maintain portable chemical latrines at the job site for use by its employees and subcontractor employees. Portable chemical latrines must comply with the state environmental quality standards, as required. At no time shall portable chemical latrines be placed in or near a roadway, driveway or building egress that would obstruct motorized or foot traffic.

WASTE AND EXCESS QUANTITIES INCLUDED IN THE COMPLETED IN-PLACE CONSTRUCTION

QUANTITIES:

(1) All prices in the UPB are for the complete in-place construction unless explicitly described otherwise. The unit prices include delivery of materials to the job site. Waste or excess material quantities are incidental costs, which are included in the contract coefficient unless explicitly stated otherwise in the UPB. Quantities used on individual job order proposals shall be taken from field measurements or design plans, as appropriate, without allowance for waste and/or incidental extra materials used in performance of work. UPB prices include all waste and incidentals.

(2) Incidental nails, screws, weldments, and connectors are included in UPB line items. Unless a connector or fastener is specifically stated as not being included, it is included in the price. For example: Installation of a suspended ceiling grid system includes connectors, fasteners, and wire for the hanging system.

DOCUMENTATION TO SUPPORT SUBCONTRACT AWARDS:

Within 10 business days after the award of any subcontract, the Contractor shall deliver a completed SF Form 1413 (Statement and Acknowledgment) to the Contracting Officer. Each subcontract shall contain, as a minimum, the Contract Number, Task Order Number (if applicable), and Title. The subcontract must clearly identify what the subcontractor will be performing in relation to other trades on the job. All subcontracts shall contain the anticipated period of performance that correlates with the approved Progress Schedule for that Division of work. A sample format shall be submitted for Contracting Officer approval prior to commencement of work under this contract.

FAR Clause 52.222-11, entitled "Subcontracts (Labor Standards)", requires that the clauses listed therein be physically inserted in all subcontracts. However, if the Contractor subcontracts by means of purchase orders or other informal types of contractual situations, compliance will be considered provided if clauses are attached to the subcontract form. Written acknowledgement by the subcontractor of these Labor Standards is required.

Incorporation by reference does not constitute compliance.

PUBLIC RELEASE OF INFORMATION:

Contractor and subcontractor personnel shall not publicly (or privately) discuss or release information, photographs, or other documents concerning any aspects of the materials or services relating to this contract or its task orders without the express written approval of the Contracting Officer.

RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR, AND CONTRACTOR PERSONNEL:

The Government and the Contractor understand and agree that the services to be delivered under this contract are non-personal services and that no employer-employee or master-servant relationship exists or will exist under the contract between the Government and the Contractor or between the Government and the Contractor's personnel.

Further, the Contractor is not the Government's agent.

The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not become an integrated part of the Government organization in connection with performance under this contract.

The work required under this contract does not require or authorize the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

Contractor personnel shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded federal employees. The entire consideration to the Contractor for performance of this contract is contained in the provisions for payment set forth in this contract.

AS-BUILT DRAWINGS:

As-built drawings shall be submitted by the Contractor as required and specified elsewhere in this contract. No less than 1% of the contract value shall be retained until such time as the updated as-built drawings are submitted by the Contractor and accepted by the Contracting Officer

KEY CONTROL:

Keys will be provided to the Contractor for access to facilities, rooms and other areas necessary to perform work under this contract. Access to restricted areas shall be requested and provided through the COR. At no time are keys provided to the Contractor in performance of work under this contract to be removed from Fort Irwin.

Contractor employees shall retain keys in their possession only while physically performing work required by the task order. All keys not issued to a shift shall be secured in a locked key box provided by the Contractor. Only the Contractor's Project Manager and supervisors are permitted to have possession of master keys. At work locations where the Government does not secure a building, room, or area, the Contractor shall provide, during construction and at no additional cost to the Government, hasps, padlocks, and keys to the extent necessary to secure the work areas and Government property and equipment. Copies of these keys are to be provided to the Government upon direction of the Contracting Officer.

Any Government keys lost by the Contractor shall be replaced by the Contractor at the Contractor's expense. In the event a master key is lost by the Contractor, all locks, and keys on that master key system shall be replaced by the Contractor at no additional cost to the Government.

The Contractor shall not allow unnecessary or unauthorized access to locked buildings, rooms, or areas. The Contractor shall not allow access to unauthorized persons, and at no time shall facilities under construction be left open and unattended. Upon the completion of work in a locked building, room, or area, the Contractor shall turn off all lights and re-lock the building, room, or area, unless otherwise approved by the COR.

ADDITIONAL TERMS AND CONDITIONS:

Additional terms and conditions will be included at the task order level.

ADDITIVE/DEDUCTIVE ITEMS:

In accordance with DFARS 252.236-7007, MICC –Fort Irwin reserves the right to utilize the prescription at the Task Order level.

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