Amendment 2 20-B-0007.pdf

0011474736 AD111809P

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

Responding to Questions from Industry, Change of Bid Opening date

This Amendment is issued to provide the Requst for Information responses from the Project Manager and change the Intent to bid are currently due and w ill not be considered after 27 May 2020, Bid Drop Off Date to 29 May 2020 at 1:00 PM CDT, and the Bid Opening Date to 04 June at 1:00 PM CDT.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

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

16C. DATE SIGNED

BY 20-May-2020

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 W9115120B0007

X 9B. DATED (SEE ITEM 11)

30-Apr-2020

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 X is extended, 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 1 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

20-May-2020

CODE

MICC - FORT HOOD

36000 DARNALL LOOP, ROOM 1300B

FORT HOOD TX 76544-5025

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9115120B0007

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 29-May-2020 01:00 PM to 04-Jun-2020 01:00 PM.

The performance period code Mandatory has been added.

The required performance has changed from REPLACE CHILLER AT BUILDING 91014This is an "Invitation for Bid" see section 00100 of this document for specific instructions.A Bid Guarantee is required(See Section 00100, FAR Clause 52.228-1).A Bid Bond is required (see section00100,FAR Clause 52.228- 1).Performance and Payment Bonds are required(see section 00700,FAR Clause 52.228-15).As required by FAR 36.204, the estimated magnitude of this project is between $100,000 and $250,000.The NAICS for this acquisition is 238220 Plumbing, Heating, and Air Conditioning Contractors(SB size standard $15 Million).This acquisition is 100%set aside for Women Owned Small Businesses (WOSB);no large business offers will be accepted for this procurement.The awardee of this procurement will be required to provide dedicated superintendent through completion of the project(see section 00700, FAR Clause 52.236-6)Project Manager, Quality Control, and Superintendent positions are consider key positions.These positions SHALL not be subcontracted below the prime contractor.Bidders are required to provide a valid CAGE Code(Block 14 CODE), DUNS Code (Block 14 FACILITY),POC and email address with their bid. Bid Opening shall be by electronic means only.Please read Instruction to Offerors section for details.THIS IS SUBJECT TO THE AVAILIBILITY OF FUNDS. to REPLACE CHILLER AT BUILDING 91014This is an "Invitation for Bid" see section 00100 of this document for specific instructions.A Bid Guarantee is required(See Section 00100, FAR Clause 52.228-1).A Bid Bond is required (see section00100,FAR Clause 52.228-1).Performance and Payment Bonds are required(see section 00700,FAR Clause 52.228-15).As required by FAR 36.204, the estimated magnitude of this project is between $100,000 and $250,000.The NAICS for this acquisition is 238220 Plumbing, Heating, and Air Conditioning Contractors(SB size standard $15 Million).This acquisition is 100%set aside for Women Owned Small Businesses (WOSB);no large business offers will be accepted for this procurement.The awardee of this procurement will be required to provide dedicated superintendent through completion of the project(see section 00700, FAR Clause 52.236-6)Project Manager, Quality Control, and Superintendent positions are consider key positions.These positions SHALL not be subcontracted below the prime contractor.Bidders are required to provide a valid CAGE Code(Block 14 CODE), DUNS Code (Block 14 FACILITY),POC and email address with their bid. Bid Opening shall be teleconference only.Please read Instruction to Offerors section for details.THIS IS SUBJECT TO THE AVAILIBILITY OF

FUNDS..

The following have been added by full text:

RFI RESPONSES

W91151-20-B-0007, AD111809P

Responses to Questions from Industry (RFIs)

1. Can a Vertical Inline CHW Pump be used in lieu of the End Section Pump specified? The specified pump and location will not allow for adequate clearance (36”) from Boiler.

It is allowed for the buffer tank to be located outside at the chiller pad (see answers below for questions 6 and 12). With that being said, the end suction pump shall fit at the same location where it is right now.

2. Will the existing Chiller Breaker need to be replaced? I was not able to access the electrical room where the Breaker Panel is located.

a) If so, what is the Breaker Manufacturer and Part #.

It is part of the contract to replace it based on Sheet M-601 notes. New disconnect switch at the location of the chiller shall be provided.

3. Is there a preferred vendor for the Chiller?

Daikin

4. 90 – Day Completion date will be tight because the Chiller will most likely have an 8 – 10 Week lead time.

Can this time be extended?

NOTE: We will not be able to use a “pack-stock” Chiller because the specifications call for a hot gas bypass option. Stock chillers will not have this.

Yes. 120 calendar days for the performance period is acceptable instead of 90 days.

5. Drawing M-601, note 9, the drawings state to run new conduit and wire from the electrical panel to the new unit. The existing conduit is currently installed underground. Will we need to provide new conduit or reuse existing? If new, will the new conduit need to be installed underground or surface mount on concrete ground?

Re-use existing.

6. Will the existing circuit breaker(s) feeding the existing CH-1 and CHWP-1 need to be replaced with new?

See question #2 for answer.

7. Drawing M-101, key note 3, we are concerned the new buffer tank will not fit where shown on the drawing. Please verify where it is to be located.

Outside at the chiller pad is okay with a proper insulation. Follow the piping schematics on sheet M-501 for the proper installation.

8. Chiller Warranty

a. Spec Section (page 1902) 23 64 10 – 1.6 Warranty references Division 00. There’s no Division 00 in the Specifications.

b. Spec Section (page 1902) 23 64 10 – 1.7 Manufacturer’s Multi-Year Compressor Warranty. Section indicates 5 or 10 year for part and labor. Please clarify exactly what the warranty (parts & labor) requirements that the manufacturer’s need to provide.

Manufacturer’s standard warranty shall be provided. Warranty time shall start from final acceptance date.

9. Chiller Factory Test –

a. Spec Section – (page 1900) 23 64 10 - 1.2 SD-03 Product Data requires Factory Tests to be witnessed by Government Representative. Some manufacturers do not offer this. Will this be required?

No.

b. Spec Section – (page 1900) 1.2 SD-03 Product Data requires System Performance Tests, Demonstrations and Field Acceptance Test Plan. Some manufacturers do not offer this. Will this be required?

No. However, the contractor shall provide a start-up/field acceptance test report for the new equipment installed.

10. Chiller Condenser Coil – Spec Section (page 1908) 23 64 10 – 2.5.4.2 Coil – Requires the condenser coil to be fin-and-tube type. Are the new technology of aluminum micro-channel type be acceptable?

Yes.

11. New Air-Cooler Chiller Schedule on Drawing M-601, Note #3 requires the Condenser Coils to have

ENVIRO GUARD COATING. What type of coating is this? Some manufacturers do not offer this specific type. Are other types of coating acceptable?

Other types of coating is acceptable.

12. The actual space in Mechanical Room 115 will not allow for the installation of the new floor mounted chiller water pump and buffer tank. Can the new chiller be provided with a pump package and the buffer tank be installed at the chiller pad? Please clarify.

The buffer tank only is allowed to be installed at the chiller pad with a proper installation. The chiller pump shall be separately provided and installed inside the mechanical room.

13. Please confirm no fire suppression or alarm is included in W91151-20-B-0007- Bldg. 91014 Replace Chiller

SOW.

That is not included. Any damages happened during construction to this system, it is the responsibility of the contractor to repair and fix.

14. Will temporary heating and/or cooling be required?

No. However, avoiding outages to the building is required. If construction is taking place in the summer, then replacement of the chiller and chilled water pump shall be done during weekend.

15. If needed can the existing pad be added on to?

Yes, only if needed. Existing concrete pad shall be large enough to accommodate the new chiller.

16. Will concrete testing be required?

No.

17. Will density testing be required?

No.

18. Will commissioning be required?

No.

19. Will testing and balance be required?

Yes.

20. Are there latrines available for use on this project? Or will the contractor be responsible for supplying portable latrines to the on-site workers?

No. The contractor will be responsible for supplying portable latrines to the on-site workers.

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been modified:

SPECIAL REQUIREMENTS

Any bids received in response to this solicitation SHALL carry a 124 day acceptance period before prices need to be verified, extended or re-negotiated.

1. Submission of Bids

The priced bid shall be supported by a draft progress schedule that demonstrates the offeror's understanding of the work requirements, phasing of work between buildings, and estimated time frames for ordering and installing equipment.

2. Electronic Bid Opening

Bid Opening will be held by telephone conference call. Bidders shall submit their bids through the Department of Defense Safe Access File Exchange (DoD SAFE) website:

https://safe.apps.mil/

If you would like to submit a bid for W91151-20-B-0007, submit an email with the subject line “Intent to bid for W91151-20-B-0007” to roy.r.cantrell2.civ@mail.mil and deborah.g.scibor.civ@mail.mil by 27 May 2020 at 1:00

PM CDT.

By 1:00 PM CDT, 29 May 2020, you will receive an email from DoD Safe to create a drop-off (please see pages 10- 12 of attached DoD SAFE user guide). You will be emailed a unique access code for your company to upload your bid.

Bidders shall submit their bids via DoD SAFE no later than 04 June 2020 at 1:00 PM CDT, late submittals may not be accepted. Bidders should include bid number W91151-20-B-0007 in their short note to recipient on DoD SAFE.

No hard copies or CDs will be accepted.

The Bidder can upload up to a maximum of 25 files, (total size cannot exceed 8GB). The Bidder shall place a Description of each file uploaded located in the "Description of File(s)" box located on the right. It is the Bidder's responsibility to ensure the proposal is uploaded acceptably.

PUBLIC BID OPENING will be held via telephone conference on 04 June 2020 at 1:00 PM CDT. The call in number will be: 978-990-5000, Pin 304649

3. Pre-requisites for Speciality Trade Licensure and Certification

Mechanical HVAC license class A (with minimum 5 years of experience), Master Electrician, Licensed

In responding to this solicitation for bids, the bidder shall provide copies of certifications/training identified above and below as a part of the bid. Failure to provide this documentation will render the bid non-responsive and no further consideration will be given to that bidder for award of this contract. No substitution of the individual possessing the required pre-qualifications will be authorized without the written approval of the Contracting Officer and no time will be allowed for the contractor to acquire the required training/certification after the contract is awarded.

4. WORK EXPERIENCE

The prime contractor shall demonstrate that it possesses general construction contract management by providing at least three examples of relevant work and five years of experience in an awarded contract similar to the requirements stated in this solicitation. Documentation shall be submitted with the bid/offer and include the contract number, the date of contract award, the customer's name and contact information, the awarded dollar value, a description of all work elements included in the contract, the number and type of specialty trades needed to complete the contract, and the period of time allocated for completion of the work. Federal work experience is preferred; however, the Government will accept work experience from both State and institutional and commercial contracts as well. No residential work experience will be considered appropriate for this purpose. Failure to provide this documentation will render the bid/offer non-responsive and no further consideration will be given to that bidder for award of this contract.

5. PRE-BID AND PRE-CONSTRUCTION CONFERENCES

The Contracting Officer will conduct a pre-bid/pre-proposal conference in conjunction with the site visit, maintaining social distancing and face masks are required. All potential bidders/offerors attending the site visit are highly encouraged to attend the pre-bid/pre-proposal conference. Information on the scheduled Site Visit is located in FAR 52.236-3 SITE VISIT (CONSTRUCTION) (FEB 1995) of this solicitation. Space limitations dictate that no more than one representative from each company attend. The Contracting Officer will review solicitation submittal requirements, and other administrative matters critical for successful and timely performance of the work.

Contractors, MICC-FH and DPW representatives will adhere to the face mask and social distancing guidedance from the Center for Disease control and Garrison Commander of Fort Hood.

The Contractor shall attend a Government coordinated pre-construction conference within 10 calendar days of contract 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. This will be done via teleconference. Documents must be submitted electronically to the contract specialist (Deborah Scibor) and the Contracting Officer’s Representative (COR).

5. SUBCONTRACTOR LIST

Offerors shall submit a list of proposed subcontractors as an attachment to their bid. If offeror does not intend on utilizing subcontractors (self-perform), offeror shall state so in their bid. Failure to provide this listing or statement will render the quote nonresponsive and eliminate the offer from further consideration for award.

6. AMENDMENTS TO SOLICITATION

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, and (2) by identifying the amendment number and date in the space provided for this purpose on the SF1442 form for submitting a quote. The Government must receive the acknowledgment by the date and time specified for receipt of proposals indicated in block 10 of the

SF1442.

7. FALSE STATEMENTS IN BIDS

Offerors must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

8. EXPLANATION TO PROSPECTIVE OFFERORS

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing by the date and time specified in FAR Clause 52.236-27.

Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective offerors.

(End of special requirements)

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Amendment 1 RFI due date and time added to site visit information. FAR Clause 52.252.3 added to solicitation to track solicitation amendments.

Amendment 2 Responses to questions from industry (RFIs), change to no later date to provide Intent to Bid, change to bid due date and change to teleconference bid opening date.

(End of Provision)

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

PERFORMANCE AND PAYMENT BONDS AND ALTERNATE PAYMENT PROTECTIONS FOR

CONSTRUCTION CONTRACTS AND MODIFICATIONS

The Contractor shall provide one of the payment protections identified in FAR 52.228-15, Performance and Payment Bonds within the time specified in Block 12b of the SF 1442 (Far 28.102-1(b)(1)). Failure to provide executable documents within the stipulated timeframe may result in a payment delay or a termination action.

FAR 52.228-2, Additional Bonds Security, requires the Contractor to promptly furnish additional security if

(a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;(b) Any surety fails to furnish reports on its financial condition as required by the Government; (c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or (d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC’s scheduled expiration, the Contracting officer has the right to immediately draw on the ILC.

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 tasks (this time is allocated for the contractor’s use in submission of performance and payment bonds (see Block 12a and 12b of the SF 1442 and FAR 52.228-13), 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).

A Notice to Proceed 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 this contract/ modification until after the contractor receives the NTP.

Work shall commence on the job site no later than the 31st calendar day following the date of contract award, and all construction and contractual requirements shall be completed no later than the ending date of the period of performance cited in this contract.

PROGRESS SCHEDULES (see also Division 1 General Requirements Specifications below)

a. During the solicitation phase of the procurement, the contractor shall develop and submit with its bid/proposal, a draft progress schedule, specifically tailored to the requirements in the solicitation and related plans, drawings and technical specifications. This schedule will be used to validate the contractor’s understanding of the various activities necessary to complete the contract within the stipulated timeframe stated at Block 11 of the Standard Form 1442. The progress schedule shall contain, as a minimum, every division of work, and every definable element of work within each division of work;

e.g., mobilization of a trade activity, preparatory meetings, any demolition phases, installation phases, and inspection phases.

b. No later than the tenth calendar day following receipt of notification of award, the contractor shall deliver to the Contracting Officer a completed progress schedule as described in this section. In the event of a contract modification affecting individual work elements and/or overall construction completion, the contractor shall submit a revised progress schedule for review and approval within five calendar days of receipt of such modification. The Schedule shall be digially signed by the Contractor and delivered to the Contracting Officer, with a copy furnished any agents or representatives identified elsewhere in the contract. The progress schedule shall demonstrate the flow of work from contract award through final inspection and acceptance. It must display a time table, in weeks, of the contractor’s method of prosecuting the work, and show a percentage and dollar value correlation of each division of work to the whole project (contract) value. Items with long lead times (Monaco panels, locks, building kits, etc.)

should be reflected on the schedule as benchmarks for order placement. The schedule shall be electronically submitted for Government review and Contracting Officer approval. Failure to provide the required schedule in the time allotted will become a basis for termination of the contract.

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)(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. The DODAAC that will be used in preparing the WAWF invoice is “W45NQ9”. 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.

For projects negotiated with a longer performance period, progress payments are authorized one time each month, up to 90% of the project cost, but only after approval of a construction progress schedule, and only in the amounts verified on subsequently approved progress reports. Progress payment invoices will not be processed in the same week as the progress report is submitted. No progress payments are authorized above 80% of the contract value.

AVAILABILITY AND USE OF UTILITY SERVICES

a. 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.

b. In reference to FAR Clause 52.236-10, Operations and Storage Areas, SHOULD the Contractor be AUTHORIZED to establish a field operations office or a temporary staging area under this contract, it shall be responsible for consumption of available utilities. Prior to commencement of work under the contract, the contractor shall sign a utility metering agreement with the Directorate of Public Works Utilities Section, Bldg 4612 on 77th Street and Santa Fe Avenue. Prior to final payment under the contract, the contractor shall pay any outstanding utility charges and provide a copy of the paid invoice to the Contracting Officer as evidence of compliance. . If the solicitation does not provide for such arrangements, and the contractor did not receive separate approval for the establishment of such facilities/space from the Contracting Officer, no such authorization is assumed. 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.

WRITTEN GUARANTEES AND GUARANTOR'S REPRESENTATIVE

The Government is entitled to all standard commercially offered warranties/guarantees. The Contractor shall obtain all warranties, have them executed in writing, and furnish them to the Contracting Officer prior to final inspection. Additionally, the documentation shall include the name, address, and telephone number of the guarantor's representative responsible for the guarantee during the warranted period, and who will provide warranty related services covered by the warranty/guarantee. The existence of any commercial manufacturer’s warranties does not relieve the contractor of responsibilities identified in FAR clause 52.246-21.

DOCUMENTATION TO SUPPORT SUBCONTRACT AWARDS

a. Within five calendar 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 shallcontain, 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.

b. 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.

RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR AND CONTRACTOR PERSONNEL

a. 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.

b. 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.

c. 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.

d. 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.

PROGRESS MEETINGS

The Contractor shall

1) Schedule and administer meetings throughout the progress of the work at maximum monthly intervals, every 2-weeks is preferred intervals.

2) Make arrangements for meetings, prepare agenda and transmit the agenda NLT 3 working days prior to the scheduled meeting.

3) Provide written documentation of the meeting minutes for review and acceptance by all present within 3 working days of each meeting.

INSURANCE

In accordance with FAR Part 28.301 and Clause 52.228-5, Insurance - Work on a Government Installation, the following types of insurance and "minimum" amounts are required for this contract:

Insurance Requirements

TYPE AMOUNT

Workers' Compensation (See Note) $100,000 Comprehensive General Liability Insurance for Bodily Injury $500,000 per occurrence Comprehensive Automobile Liability $200,000 per person $500,000 per occurrence for bodily injury $20,000 per occurrence for property damages

NOTE: Workers' Compensation will be provided as regulated by the Division of Workers' Compensation, issued by a Texas Department of Insurance (TDI) licensed insurer, regulated by the TDI and guaranteed by the Texas Property and Casualty Insurance Guaranty Association.

Antiterrorism and Operations Security Contractor Requirement

AT Level 1 Training

All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

Access and General Protection/Security Policy and Procedures

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

For contractors who do not require CAC, but require access to a DoD facility or Installation

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something)

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to theproject manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

For Contracts that Require OPSEC Training

All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas

All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

Pre-screen candidates using E-Verify Program

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

(End of Summary of Changes)