W911S715D0018_Flooring_Req_Base_Contract.pdf

SEE ADDENDUM

(No Collect Calls)

W911S7-15-B-0008 06-Aug-2015

b. TELEPHONE NUMBER

573-596-0246

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 08 Sep 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

X

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.573-736-2104

W911S79. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

W911S7-15-D-0018 14-Sep-2015

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DAVID W. FOSTER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0010603847

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

Christine L Wilson / Contract Specialist

$630,501.00

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE 730A9 FACILITY

OFFEROR CODE

MICC - FT LEONARD WOOD

U.S. ARMY MISSION AND INSTALLATION CONTRACTIN

MICC-FLW

5772 IOWA AVE

FORT LEONARD WOOD MO 65473-9135

LARRY & SON TILE

LARRY FRANKLIN

17225 HWY 17

CROCKER MO 65452-9119

DFAS-INDY VP GFEBS

8899 E 56TH STREET

INDIANAPOLIS IN 46249-3800

18a. PAYMENT WILL BE MADE BY CODE HQ0490

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE

SEE ITEM 9

15. DELIVER TO CODE W90NM2 16. ADMINISTERED BY

Net 30 Days

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DIRECTORATE OF PUBLIC WORKS

W90NM2

ENGINEERING SERVICES DIV

1334 1ST STREET BLDG 2200

FT LEONARD WOOD MO 65473-5000

573-596-0267FAX:

TEL: 573-596-0266 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15.0 Million

NAICS:

238330

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL: christine.l.wilson2@us.army.mil

573-596-0251TEL:

31c. DATE SIGNED

15-Sep-2015

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF43

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911S7-15-D-0018

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job $630,501.00 $630,501.00 0001 - Base Year

FFP

0001 - Base Year Flooring Requirement FOB: Destination

PURCHASE REQUEST NUMBER: 0010603847

NET AMT $630,501.00

0002 1 Job $693,548.10 $693,548.10 OPTION 0002 - Option 1

FFP

0002 - Option Year 1 Flooring Requirement

NET AMT $693,548.10

0003 1 Job $756,619.40 $756,619.40 OPTION 0003 - Option 2

FFP

0003 - Option Year 2 Flooring Requirement

NET AMT $756,619.40

0004 1 Job $819,891.50 $819,891.50 OPTION 0004 - Option 3

FFP

0004 - Option Year 3 Flooring Requirement

NET AMT $819,891.50

0005 1 Job $882,737.80 $882,737.80 OPTION 0005 - Option 4

FFP

0005 - Option Year 4 Flooring Requirement.

NET AMT $882,737.80

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

2,000.00 50,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

The Performancce Work Statement and Specifications are herein incorporated as Attachment 1.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 16-SEP-2015 TO

15-SEP-2016

N/A DIRECTORATE OF PUBLIC WORKS

W90NM2

ENGINEERING SERVICES DIV

1334 1ST STREET BLDG 2200

FT LEONARD WOOD MO 65473-5000

W90NM2

0002 POP 16-SEP-2016 TO

15-SEP-2017

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 16-SEP-2017 TO

15-SEP-2018

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 16-SEP-2018 TO

15-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 16-SEP-2019 TO

15-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

1. The quantities contained on the Task List represent the Government’s best estimate of its requirements for the period of contract performance. The Contractor acknowledges that the quantity listed for each numbered task in the Task List is an estimated quantity; and the contractor will only be paid for the actual quantities ordered, received and accepted by the designated Government Inspector. The Government reserves the right to order quantities in excess of the stated estimated quantities on the Task List. However, such quantities will not exceed 100 percent of the total estimated contract dollar amount. It is estimated that the Government’s requirements for any additional quantities of work for each numbered task will be in approximately the same proportions that each task currently bears to the entire estimate; however, mathematical precision is not required. The contractor shall perform work on these quantities at the same contract unit price. The Contractor’s lack of receipt of quantities in excess of the estimated quantities specified in the Task List shall not entitle the Contractor to an equitable adjustment. Nor does the Government guarantee that the quantities ordered shall equal the estimates contained in the Task List. See Clause 52.216‐21.

2. ORDERING REQUIREMENTS. This Contract is a Requirements contract as defined in the clause entitled 52.216‐21, Requirements, Delivery orders shall be issued for each requirement. Each delivery order will identify the building numbers where work is required and an estimated quantity of the amount of work to be accomplished in each building for each line item of work included in the delivery order. The Contractor will be paid for actual quantities of work ordered, performed and accepted by the designated Government Inspector. When it appears the actual quantity of work required by delivery order will exceed the total delivery order amount, (Block 25, DD Form 1155), the Contractor shall notify the Government Inspector and Contracting Officer immediately and not perform requirements in excess of the delivery order amount unless authorized by the Contracting Officer in writing. Where work requirements in multiple buildings are included on delivery order, the Government inspector shall determine the order in which the requirements shall be completed. See Section H, H‐12 Delivery Order Completion Times regarding performance/delivery periods and sequence of work.

3. Payments will be made based on the submitted invoice on accordance with the terms and conditions of the contract. The Government will process payments for items received under this contract through the Electronic Funds Transfer (EFT) system through the servicing DFAS office.

4. Award will be made to a single offeror. OFFERORS SHALL INCLUDE UNIT PRICES AND TOTAL PRICING FOR EACH TASK ON THE TASK LIST FOR ALL CONTRACT PERIODS IN THE TASKLISTS AT EXHIBIT

1. Once the total price bid for each period has been calculated and recorded on the task lists for each contract period;

the Offeror must carry them as the Net Amount for each corresponding period in Section B -Schedule of Supplies or Services and Prices. . Failure to completely fill out both unit prices and total prices in the task lists or carry over the total prices per period to the corresponding Net Amount lines in Section B will be cause for rejection of the entire Bid. The . The Government will evaluate proposals on the basis overall consolidated price proposed..

5. The word “remove” herein shall be understood to mean “remove and dispose of in a lawful manner off the installation”.

6. The word “provide” herein shall be understood to mean “furnish and install”.

7. Definitions and Acronyms found in Section 2 (2.1 through 2.2) of the attached of the Performance Work Statement.

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

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

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

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

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

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

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

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through

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

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

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

COMBO

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

GOVERNMENT

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0490 Issue By DoDAAC W911S7 Admin DoDAAC W911S7 Inspect By DoDAAC W90NM2 Ship To Code W90NM2 Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Acceptor (DoDAAC) W911S7 Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Contracting Office: Christine L. Wilson, christine.l.wilson2.civ@mail.mil Contract Specialist: David W. Foter: david.w.foster24.civ@mail.mil DPW Inspection Branch: Angie Gable: angie.l.gable.civ@mail.mil

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Contract Specialist: David W. Foter: david.w.foster24.civ@mail.mil DPW Inspection Branch: Dana Hammack Havens: dana.hammack-havens.civ@mail.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

Section H - Special Contract Requirements

5152.233-4000 5152.233-4000 AMC-LEVEL PROTEST PROGRAM (Sep 2011) (LOCAL

CLAUSE)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.10. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.

Headquarters U.S. Army Material Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road

RM: A6SE040.001

Redstone Arsenal, AL 35898-500 Facsimile number (256) 450-8840 or e-mail: amcprotest@conus.army.mil

The AMC-Level Protest procedures are found at: http://www.amc.army.mil/amc/commandcounsel.html If internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

Contracting Officer MICC- Fort Leonard Wood Attn: Christine L. Wilson 5772 Iowa Ave, Bldg 606 Fort Leonard Wood, MO 65473

INSTRUCTIONS

H-1 USE OF TOBACCO PRODUCTS ON FORT LEONARD WOOD

The Contractor and its employees shall be familiar with and shall comply with the provisions of Executive Order 13058, Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace, and Title 41 CFR Part 102-74.315 [73 Federal Register 77518, Dec. 19, 2008].

H-2 FIRE PREVENTION

a. The current Fire Regulation, AR 420-1, Chapter 25: Fire Emergency Services, and Fort Leonard Wood Supplement FLW 420-2 are by this reference made a part of this solicitation and resultant contract. The Contractor’s operations shall conform to all applicable portions of those documents. All personnel entering on duty as Contractor’s employees shall be instructed in the fire prevention program of the Post and shall be advised of the requirement of the Post Fire Regulations as they pertain to this particular contract.

b. The Contractor shall obtain a written “Hot Work Permit” (DA Form 5383-R) prior to commencing all hot work outside an approved shop area. Permits will be issued by the Fort Leonard Wood Fire Department, (573) 596-0883, after all necessary precautions have been taken, such as wetting down the area, protection of combustible material, and positioning of first aid fire extinguishers of proper type and class. Permits must be obtained in advance for use of open flame devices, such as blow torches, portable furnaces, tar kettles, or gas and electric welding and cutting equipment. Preparation and protection for such areas are the responsibility of the Contractor accomplishing the work. An inspection conducted by the Fire Department prior to commencing work may be required; however, the

Contractor shall conduct an inspection of the area at least 30 minutes after completion of all work. The Contractor shall be liable for any fire loss to Government property attributable to negligence on the part of the Contractor, including failure to comply with fire prevention measures prescribed by terms of this contract.

c. The Fire Prevention-Protection Division is responsible for monitoring the Contractor in the area of fire prevention and advising the Contracting Officer of all deficiencies. The Contracting Officer will alert the Contractor if a violation is a fire hazard or fire protection deficiency.

d. The provision in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract.

H-3 NORMAL WORKING HOURS

a. The Contractor shall schedule his working hours to coincide with the working hours of the military reservation.

Normal working hours of the reservation are 7:30 a.m. to 4:00 p.m., Monday thru Friday, Legal Public Holidays excepted. The Contractor shall not perform work on the reservation beyond the aforementioned working hours without the written approval of the Contracting Officer.

For informational purposes, the Government observes the following holidays:

New Year’s Day, 1 January Martin Luther King, Jr.’s Birthday, the third Monday in January Presidents’ Day, the third Monday in February Memorial Day, the last Monday in May Independence Day, 4 July Labor Day, the first Monday in September Columbus Day, the second Monday in October Veterans Day, 11 November Thanksgiving Day, the fourth Thursday in November Christmas Day, 25 December When such holidays fall on a Saturday, the preceding Friday will be considered a holiday. When such holidays fall on a Sunday, the succeeding Monday will be considered a holiday. (Applicable to Government personnel only.)

b. If the Contractor for his convenience desires to perform work during other than normal working hours or on other than normal workdays, he shall notify the Contracting Officer in writing at least 72 hours in advance. The Contractor shall not perform work beyond the normal working hours or normal workdays without the Contracting Officer’s written approval.

H-4 UTILIZATION OF HEAVY TRACKED OR WHEELED EQUIPMENT

All projects that require the use of any heavy tracked or wheeled equipment on the streets will require prior approval by the Directorate of Public Works.

H-5 PREVENTION OF TRAINEE ABUSE

The Contractor and its employees shall be familiar with and shall comply with the provisions of Fort Leonard Wood (FLW) Regulation 350-12, Training Leadership, as presently written and as subsequently amended. The Contractor, upon its request, shall be furnished with a copy of FLW Regulation 350-12. However, failure to request a copy of the regulation will not relieve the Contractor from complying with the requirements of this paragraph.

H-6 EMPLOYEES OF CONTRACTOR

a. The Contractor shall furnish to the Contracting Officer upon commencement of work under this contract a written statement containing the complete name, address, and job title of each employee including subcontractor employees engaged in performance of the work under this contract. In the event of a change in employees necessitated by illness, change in personnel, or other reasons, the Contractor shall advise the Contracting Officer of the change and shall furnish him the same information on the new employee prior to his arrival on the premises.

b. The Contractor shall be responsible for the performance and conduct of his employees, to include subcontractor employees, at all times while performing under the contract. Employees of the Contractor or subcontractor may be denied entry to the installation by the military police or other authorized Government authority if it is determined that such entry may be contrary to good order, discipline or the security of the installation. Pursuant to 18 U.S.C.

1382, the Installation Commander may bar individuals from entry on the installation.

H-7 LIABILITY OF CONTRACTOR

The Contractor shall be liable for injuries or damages to persons or property resulting from the negligent acts or omissions of the Contractor, his agents, employees and/or subcontractors.

H-8 ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES FOR UNCLEARED

NON-CAC ELIGIBLE CONTRACTORS

1. The Contractor shall comply with, and in the instance of contractor/sub-contractor employees, shall ensure compliance with the following instructions when access to the Fort Leonard Wood installation/facilities are required for contract performance. These local instructions are incorporated in this contract, in order to implement local installation antiterrorism/operations security policies and procedures, and to supplement Federal Acquisition Regulation (FAR) clause 52.204-9, which, if applicable to this contract, is located in Section I. In the event of conflict between any portion of this supplement and/or FAR 52.204-9; and any other provision within the SOW, PWS, or specifications; clause 52.204-9 (if listed in Section I) shall take precedence. In the event of conflict between this supplement and any other provision within the SOW, PWS, or specifications, this supplement shall take precedence.

a. An uncleared contractor is an individual who falls into one of two categories: (1) CAC-eligible; and (2) Non-CAC eligible. The Common Access Card (CAC) is the DoD federal personal identity verification credential.

CAC Eligibility is defined in Army Directive 2014-05, dated March 7, 2014.

b. Army Directive 2014-05 provides that all contractor and/or subcontractor personnel who do not possess a CAC, another Federal personal identity verification card, or other authorized DoD identification card and who require unescorted access to Army installations must have a validated need for such access and undergo a vetting process to determine their fitness for access. Accordingly, non-CAC eligible, uncleared contractor and/or sub-contractor personnel requiring access to the Fort Leonard Wood installation and facilities, to perform under this contract, will submit personal identity information through the Fort Leonard Wood Installation Pass implementation system detailed in subparagraph (1) below. There is no charge to the Contractor or employees for this pass.

Request for pass must be submitted a minimum of ten working days prior to date access is planned.

(1) The requesting Contractor personnel and sub-contractor’s personnel shall submit their requests for installation pass to their sponsor via the web based Fort Leonard Wood Installation Pass Application IM3500 Secure Webportal, located at the following web link: https://vcc1.icmvcc.com/im3500/. The minimum information required to complete the pass application at the Fort Leonard Wood Installation Pass Application IM3500 Secure Webportal listed in paragraph b, above, is as follows: 1. Point of Contact Email (Valid sponsor’s email address). A valid sponsor is the COR, COTR, or other Government employee designated in writing by the Contracting Officer (KO) at time of contract award, post award conference, or pre-construction conference; or the KO if no other designation is made. 2. Visitor’s email address; 3. ID Number (Visitor’s Driver’s License Number); 4. ID Jurisdiction (State that issued the visitor driver’s license); 5. Visit Start Date (The first date of visitor’s visit); 6. Visit End Date (The last date of visitor’s visit, not to exceed the length of the contract or one year, whichever is shorter); 7. Visitor’s Name (Last name, First name, Middle name & suffix); 8. Phone Number and Address; 9. Date of Birth; 10. Eye Color; 11. Hair Color; 12. Sponsoring Organization and Applicant’s Company Name. Additionally, vehicle information may be required (Vehicle VIN Number, Plate Number, Plate Jurisdiction, Vehicle Year of Manufacture, Vehicle Make, Vehicle Model, Vehicle Color, and Vehicle Type)

(2) The information collected at this website will be used by the government to query, at a minimum, the National Crime Information Center Interstate Identification Index (NCIC-III) and the Terrorist Screening Database (TSDB) to determine if the person requesting unescorted access presents a potential threat to the good order, discipline, or health and safety on the installation. Army Directive 2014- 05, enclosure 2, establishes Army policy for adjudication and screening standards to control the access of unescorted uncleared contractors (contractor and subcontractor personnel) to Army installations and facilities.

(3) Uncleared contractor personnel will, in the absence of an approved waiver, be denied unescorted access to Fort Leonard Wood should the above mentioned checks contain credible derogatory information indicating that the individual may present a threat to the good order, discipline, or health and safety on the installation. Such derogatory information includes, but is not limited to that provided within Enclosure 2, Army Directive 2014-05 (Policy and Implementation Procedures for Common Access Card Credentialing and Installation Access for Uncleared Contractors), which is available to the public at the following website: http://www.apd.army.mil/ .

(4) Access Denial Waiver Process. An explanation of the waiver process for individual denials of access is provided in Army Directive 2014-05. The denial of unescorted entry onto the military installation of one or several of the contractor’s or subcontractor’s personnel shall not be considered an excuse for nonperformance of contract requirements. Nor is the Government responsible for providing escorts for individuals denied unescorted access to the Installation.

c. All contractor and subcontractor personnel performing tasks on this contract shall at all times comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures provided herein and otherwise provided to the Contractor by an authorized Government representative.

Contractors are warned that Installation area access control plans may require increased vigilance and restrictions on access to military installations in the case of heightened Force Protection Condition (FPCON) levels. If task completion is hampered by temporary Government limitations on access to the Installation, the Contractor and Contracting Officer shall negotiate any extensions on delivery necessitated by emergency situations. In addition, if heightened security requires the submission of additional security information and/or the implementation of additional security measures the Contractor shall fully cooperate with Government security procedures and requests for information.

d. Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements (CFR clause 52.204-9, Personal Identity Verification of Contract 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 (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

e. Contractor and all associated subcontractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (Army Directive 2014-05/AR 190-13).

H-9 ACCIDENT PREVENTION AND SAFETY REQUIREMENTS

a. In order to provide safety controls for protection to the life and health of employees and other persons, for prevention of damage to property, materials, supplies and equipment, and for avoidance of work interruption in the performance of this contract, the Contractor shall comply with all pertinent provisions of the Occupational Safety and Health Act of 1970, Public Law 91-596. The Contractor shall also take or cause to be taken such additional measures as the Contracting Officer may determine to be reasonable and necessary for the purpose.

b. The Contractor shall maintain an accurate record of, and shall report to the Contracting Officer in the manner and on the forms prescribed by the Contracting Officer, exposure data and all accidents resulting in death, traumatic injury, occupational disease and damage to property, materials, supplies, and equipment incident to work performed under this contract.

c. The Contracting Officer will notify the Contractor of any non-compliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor or his representative at the site of the work, shall be deemed sufficient for the purpose. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of claim for extension of time or for excess costs or damages by the Contractor.

d. Compliance with the provisions of this clause by subcontractors shall be the responsibility of the Contractor.

H-10 CONTRACTOR CORRESPONDENCE REQUIREMENTS

All Contractor and subcontractor originated correspondence under this contract shall be on the originating firm’s letterhead, except in the case where pre-printed Government forms are used, shall be typed or handwritten in a legible manner, and shall be submitted in the signed original, with supporting copies as required by the Contracting Officer.

H-11 QUALIFICATIONS OF CONTRACTOR PERSONNEL

Contractor Personnel: The Contractor shall be responsible for selecting and staffing personnel who are well qualified to perform the work required. No personnel will be utilized to perform the work of any wage classification required to perform the tasks called for by the contract, which does not possess the necessary training and experience to qualify as a Journeyman in the particular occupational classifications the work is associated with in the local area (Missouri).

Apprentices and Trainees: A limited number of apprentices and trainees may be utilized to perform contract requirements to the extent permitted by FAR 52.222-9 and the regulations cited therein.

Qualifications: Unless another standard is required by law or specified elsewhere in the specifications for a particular occupational classification, the standard to be applied in determining an individual’s qualifications to perform at the Journeyman level shall be as follows: A Journeyman is an individual who has been performing work in a particular building trade for at least four years under the supervision of a Master. A Master id defined as an individual who has at least four years of satisfactory experience as a Journeyman in a particular building trade.

H-12 DELIVERY ORDER COMPLETION TIMES

The following schedule represents the maximum time allowed for completion of work required by delivery orders, based in delivery order amounts. These completion periods may be adjusted by mutual agreement of the Contracting Officer and the Contractor; however, in the case of a disagreement, the Contracting Officer will make the final decision.

Maximum Time Allowed Delivery Order Amount Range For Completion

Less than $5,000 30 calendar days From $5,001 to $15,000 45 calendar days From $15,001 to $60,000 60 calendar days Over $60,000 will be negotiated

H-13 REQUIRED INSURANCE

a. The Contractor shall, at its own expense, procure and maintain during the entire period of his performance under this contract the following minimum insurance:

TYPE AMOUNT

(1) Workmen’s Compensation Workmen’s Compensation Insurance Shall comply with applicable Federal and State Workers’ compensation and occupational disease statutes and shall extend to cover employee’s liability for accidental bodily injury or death and for occupational disease with a minimum liability of the greater of: $100,000.00 or the State minimum Requirements

(2) Comprehensive General Liability with minimum limits of:

Per accident or occurrence for bodily injury $500,000.00

(3) Comprehensive Automobile Liability with minimum limits of:

Per Person $200,000.00

Per Accident for Bodily Injury $500,000.00 Per Accident for Property Damage $ 20,000.00

b. Prior to commencement of work hereunder, the Contractor shall furnish to the Contracting Officer, a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such periods as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

c. The Contractor shall insert the substance of this clause, including this paragraph c, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule, or elsewhere in the contract. At least five (5) days before entry of each such subcontractor’s personnel on the government installation, the contractor shall furnish (or ensure that there has been furnished) to the Contracting Officer a current certificate of insurance, meeting the requirements of paragraph b above, for each such subcontractor.

H-14 TAXES

The Missouri Department of Revenue agrees that contractors, subcontractors and material suppliers may claim an exemption from Missouri sales and use tax with respect to tangible personal property and materials purchased or used for the purpose of constructing, repairing or remodeling facilities for the United States of America, its agencies and instrumentalities (“the United States”). Therefore, the Contracting Officer shall provide a project exemption certificate to the successful contractor awarded this project. The Contractor shall further provide the project exemption to all subcontractors purchasing materials for this project.

NOTE: THE PROJECT EXEMPTION CERTIFICATE DOES NOT ALLOW CONTRACTORS TO PURCHASE

MACHINERY, EQUIPMENT, OR TOOLS USED IN FULFILLING THIS CONTRACT, TAX EXEMPT.

H-15 MATERIAL PAYMENT AUTHORIZATION

Consideration is hereby authorized for progress payments to the Contractor for materials to be utilized on the work covered by this contract, delivered to the Contractor at locations other than the site. The Contractor must furnish satisfactory evidence that he has acquired title to such material and the material will be inventoried by the Government. The reimbursement by the Government shall not be construed as relieving the Contractor from the sole responsibility for the protection and the security of the material or as waiving the right of the Government to require the fulfillment of all of the terms of the contract.

H-16 INSPECTION OF WORK

Technical surveillance of workmanship and inspection of materials for work being performed under this contract shall be the responsibility of the Director of Public Works or his authorized representative. This provision in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract. In the event it is determined necessary to designate a COR for this contract, such designation shall be by a separate letter to the individual selected with a copy furnished to the Contractor.

H-17 POSTAWARD ORIENTATION

A Postaward Orientation will be scheduled by the Contracting Officer after contract award and prior to commencement of work. The Contracting Officer will notify the Contractor of the time and date set for the meeting that will be held at Fort Leonard Wood, MO. At this meeting, the Contractor will be oriented with respect to Government procedures and line of authority, as well as contractual, administrative, and service matters. The Contractor is required to furnish a current Certificate of Insurance and a letter appointing a superintendent at the meeting. The Contractor is responsible for costs associated with any scheduled conference.

H-18 UTILITIES

At work sites where Government utilities are currently available, the Government will provide necessary utilities for the completion of the work at no charge to the Contractor. The Contractor must satisfy himself as to the extent of Government utility services available at each site and include any costs associated with the providing of necessary utilities, not available from the Government, in the prices bid for the applicable bid item.

Section I - Contract Clauses

CLASS DEVIATION 2015-O0005

Attachment DARS Tracking Number: 2015-O0005

Class Deviation—Prohibition Against Using Fiscal Year 2015 Funds to Contract with Corporations that Have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law

252.209-7992 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law—Fiscal Year 2015 Appropriations.

Include the attached provision in all solicitations that will use funds made available by the Consolidated and Continuing Appropriations Act, 2015 (Pub. L. 113-235), including solicitations for the acquisition of commercial items under FAR part 12.

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR

2015 APPROPRIATIONS

(DEVIATION 2015-OO0005) (DEC 2014)

(a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data-- Modifications--Sealed Bidding

OCT 2010

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L.

111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (OCT 2014) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (July 2014) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

X (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-13.

____ (37)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and…