W911SA20B2003 Attachment 3 SOW.docx

SCOPE OF WORK

S-1. PURPOSE AND SCOPE.

The purpose of this Multiple-Award Indefinite Delivery Indefinite Quantity (MAIDIQ) is to provide construction services for a broad range of renovation and construction projects, to include repair and alteration of real property, as well as new minor construction, for the 63D Readiness Division, Region 2 which covers the state of Texas. As requirements develop, Requests for Task Order Proposals (RTOPs) will be issued on a competitive or single source basis, at the Government's discretion. Task Orders will vary in size from $2,000 to $5 million and will be awarded and issued by the individual Task Orders awarded and administered by duly appointed federal contracting officers. Orders will primarily include Construction, Repair and Maintenance projects but may also include minor new construction projects involving a variety of trades. Work performed under these contracts will include but not limited to the following general project categories: Construction, repair and alteration of various facilities; Construction, repairs and alteration of Electrical Systems (ES); Construction, repair and alteration of Mechanical Systems (e.g. HVAC systems, and controls), Construction, repair and alteration of Site Civil Systems, Construction, repair and alteration of Fire Protection Systems, Construction, repair and alteration of Architectural Systems.

S-2. PERIOD OF SERVICE.

The base MAIDIQ will include an award period Not to Exceed (NTE) five (5) years in duration and the maximum value of all projects awarded under this MAIDIQ will be limited to $25 million for the contract period. The expiration or termination of the ordering period will not affect any order issued during the effective period of these contracts. Only the Contracting Officer has the authority to modify the term and conditions of these contracts.

S-3. ORDERING PROCEDURES FOR COMPETITIVE TASK ORDERS.

3.1 Requests for Task Order Proposals (RTOPs): When the Government requires work under the MAIDIQ, a RTOP will be issued, as appropriate. Projects issued/ordered will be of varying size and complexity. Examples include, but are not limited to, projects that contain complete plans and specifications for all elements of work; projects with limited specifications. The RTOP will include information such as a, statement of work, guide specifications, drawings, attachments, information pertaining to a site visit; evaluation criteria, design requirements for design-build projects and any other requirements for submission (e.g. proposal requirements, price schedule, etc.). Performance and payment bonds shall be required for Task Orders in accordance with performance and payment bonds, and alternative payment protections for construction contracts. The basis for award of each Task Order will be stated in the RTOP.

3.1.1 Each award as a result of this solicitation will cite an individual contract number.

3.1.2 The government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed Task Orders.

3.2 Types of Task Order projects: Task Order projects may be non-complex, performance-oriented requiring minimal design, may be complex construction requiring design development for design-build construction, or a combination thereof. The following describes the project types which a Task Order could present:

3.2.1 Contractor-Provided Design/Design-Build:

MAIDIQ contractors shall provide an initial “Concept” design consisting of drawings, sketches, outline specifications, design analysis, and/or other documentation as required by the Task Order Statement of Work. MAIDIQ contractors shall also provide a price proposal and may be required to include a proposed performance period. The government will evaluate submitted proposals in accordance with Task Order requirements. Only the successful offeror will be required to proceed with subsequent design effort (i.e. 35%, 65% and/or 100% as stated in each Task Order) and execute construction.

3.2.2 Government-Provided Design/Design-Build:

MAIDIQ contractors shall be provided a “Concept” design consisting of drawings, sketches, outline specifications, design analysis and/or other documentation as required by the Task Order Statement of Work. Based on this “Concept” design, MAIDIQ contractors shall provide a price proposal and may be required to include a proposed performance period. The government will evaluate the submitted proposals in accordance with Task Order requirements. Only the successful offeror will be required to proceed with subsequent design effort, (i.e. 35%, 65% and/or 100% as stated in each Task Order) and execute construction.

3.2.3 Construction Only:

MAIDIQ contractors shall be provided a previously accomplished 100% design consisting of drawings, specifications, design analysis and/or other documentation as required by the Task Order Statement of Work. Based on this completed design, MAIDIQ contractors shall provide a price proposal and may be required to include a proposed performance period (as stated in each Task Order). The government will evaluate submitted price proposals in accordance with Task Order requirements. Only the successful offeror will proceed with construction.

3.3 Definitions of design percentages: Task Orders will be provided by the Government at various stages of design at either 35%, 65%, 90%, or “For Construction”. The Government reserves the right to exclude items for each design percent or on any Task Order. All design submittals shall be reviewed prior to submission to the Government for Design Quality Control to ensure the below definitions have been met. The Government requires the following to be provided prior to each Task Orders review unless specifically stated in the individual Task Order.

3.3.1 Thirty-five percent (35%) design is defined as having some drawings to include an outline conceptual drawing of the actual project and a site drawing (if applicable) for the area where the project is located along with some information as to layout of windows, doors and rooms within the structure/property. The 35% design includes a Basis of Design which generally describes the government’s project requirements and shall state minimal applicable code requirements. Additional documentation shall be provided at the discretion of the Government. From this design stage the design-build contractor will provide a more detailed drawing & specification set to including the requirements for the 65%, 90%, and “For Construction” design.

3.3.2 Sixty-five percent (65%) design is defined as drawings and specifications almost complete. All specifications shall be identified and edited; minor changes or corrections may be necessary. All drawings shall be substantially complete and formatted in accordance with the Task Order. The submittal log shall be fully developed. All submittals in the 35% design shall be delivered. All load calculations provided for Structural, HVAC, Fire Protection, and Electrical. From this design stage the design-build contractor will provide a more detailed drawing & specification set to include the requirements for the 90% and “For Construction” design.

3.3.3 Ninety percent (90%) design is defined as drawings, specifications, load calculations, and other design documents complete. Few if any review comments should be expected at this stage of design. All drawings, specifications, equipment, and load calculations shall be finalized. From this design stage the design-build contractor will provide a more detailed drawing & specification set to include the requirements for the “For Construction” design.

3.3.4 For Construction design is defined as drawings, specifications, load calculations, and other design documents complete. Construction can begin immediately upon notification by the Contracting Officer or Contracting Officer Representative. All construction drawing sheets, cover sheet of specifications, and design load calculations shall be sealed and signed by a licensed professional competent in the documents discipline.

3.4 Task Order competition

3.4.1 Under this contract a wide variety of construction, repair and/or maintenance projects, determined by the contracting officer to be within the scope of this contract, shall be offered to MAIDIQ Task Order contractors for the purpose of providing a price or best value proposals. Individual Task Order awards on those projects will be based on competitive proposals received exclusively from MAIDIQ contractors. The Government reserves the right to issue additional solicitations and award additional contracts for like requirements utilizing other contracting means.

3.4.2 All eligible MAIDIQ contractors within their awarded Areas of Consideration, will be provided a fair opportunity to compete for each project offered under this contract unless the following [FAR 16.505(b)(2)] exceptions apply unless the contractor is delinquent on an awarded task order.

1) The agency’s need for the services or supplies is of such urgency that providing such opportunity to all such contractors would result in unacceptable delays;

2) Only one such contractor is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized;

3) The task order should be issued on a sole source basis in the interest of economy or efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity pursuant to the procedures in this clause to be considered for the original order; or

4) It is necessary to place an order to satisfy a minimum guarantee.

3.4.3 The Contracting Officer may consider such factors that the Contracting Officer, in the exercise of sound business judgment, believes are relevant to the placement of orders.

3.4.4 Timely performance by a MAIDIQ contractor is very important. Failure to prosecute the work diligently on a currently awarded task order will be cause for the Contracting Officer not to include the contractor in the competitive fair-opportunity pool for future task orders. When the contractor’s delinquency has been cured, it will be considered for competition in future task orders.

3.4.5 Submission of proposals for Task Orders is not necessary. However, contractors are required to contact the Contracting Officer within two days after receipt of the RTOP if a contractor will not participate in the walk through or submit a proposal on a Task Order.

3.4.6 Task Orders may be awarded on best value, on either one or a combination of either tradeoff process or low price, technically acceptable. If the government decides to issue the Task Order as a best value using the tradeoff process, award factors will vary depending on the unique requirements of each Task Order. In addition to price, factors on prior Task Orders under the MAIDIQ contract, such as past performance, quality, timeliness, special expertise or other factors the Contracting Officer determines are relevant to award of a particular Task Order may be considered. Past performance information already available in the contracting office will be used for evaluation and award of Task Orders. Timely performance by a MAIDIQ contractor is very important. Failure to prosecute the work diligently, on a currently awarded Task Order, will be cause for the Contracting Officer not to include the contractor in the competitive fair-opportunity pool for future Task Orders. When the contractor’s delinquency has been cured, they will be considered for competition in future Task Orders.

3.4.7 The government shall provide the contractors with the Unified Facilities Guide Specifications for the contractors’ reference and use. The contractor may use the provided specifications in their entirety, may modify them, or may provide their own specifications. However, these specifications are considered the minimum standard. The design package shall include a complete set of project specific specifications regardless of whether government provided specifications are used. The contractor shall tailor the specifications to suit each individual project. Not applicable items and references shall be removed. Not all sections will be used for each project. The contractor shall modify these sections to be project specific. The government may choose periodically update the specification technical library.

3.5 Site Visits: Task Order projects may require mandatory site visits prior to submission of proposals. The date and time for a site visit for the Task Order project will be specified in the RTOP Offeror’s attendance at walk-through (site visits) is considered vital to preparation of competitive and cost-effective offers, and to understanding the total results desired by the Government. In some cases a walk through may be determined mandatory in order for a contractor to submit a proposal. Such requirement will be stated in the RTOP. However, failure to attend walk-through may not be used as an excuse for omission or miscalculation in offers, and may be taken into consideration in determining a Contractor’s eligibility to participate in future Task Orders. The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, a walk-throughs or other pre-Task Order costs.

3.6 Proposal Contents: Depending upon the requirements of each Task Order, the Contractor will typically provide a price proposal in response to a RTOP. Contractors shall respond within the number of calendar days stated in the RTOP by submitting a proposal to the Contracting Officer in accordance with requirements stated in the RTOP.

3.7 Task Order Pricing: The Government’s payment for individual Task Orders will constitute full compensation to the Contractor for: (1) Furnishing all labor, equipment, services, appliances, and materials; and (2) Performing all operations required to complete the work in conformity with the drawings and specifications. Task Orders will be firm fixed price and clearly define the specific services to be performed or the performance desired. Each Task Order will contain applicable clauses and provisions.

3.8 Evaluation Method and Procedures: The Government intends to select the most advantageous, responsive, and responsible proposal, price and other factors considered. Each RTOP will describe the criteria to be utilized in evaluating Task Order proposals.

3.9 Discrepancies in the Evaluation of Offers Submitted in Response to RTOPs for Individual Task Orders:

a. For the purpose of initial evaluations of offers proposed for individual Task Orders, the following will be utilized in resolving arithmetic discrepancies found on the face of pricing schedule as submitted by the Offeror: (1) Obviously misplaced decimal points will be corrected; (2) Discrepancy between unit price and extended price, the unit price will govern; (3) Apparent errors in extension of unit prices will be corrected; (4) Apparent errors in addition of lump-sum and extended prices will be corrected.

b. For purposes of price evaluation, the Government will proceed on the assumption that the Offeror intends the proposed price to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above.

c. These correction procedures shall not be used to resolve any ambiguity concerning which price is low.

3.10 Award Decision: Whenever possible, award will be made without discussions. If discussions are required, each MAIDIQ contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Task Order award will be made based on either the best value to the Government or the lowest price, technically acceptable proposal as described in the RTOR. The award will be a firm fixed-priced Task Order.

3.11 Task Order Issuance: Task Orders will be issued on DD Form 1155. Orders may be placed via mail, telephone, facsimile or electronic means. The Notice of Award (NOA) will contain the requirement for submission of acceptable performance and payment bonds. Only the Contracting Officer is authorized to issue task orders under the MAIDIQ contracts within the individual’s warrant levels. The appropriate issuing, administration, and payment offices will be cited on each Task Order.

3.12 Protests: In accordance with FAR 16.505(a)(10), no protest under FAR Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract; protest of an order valued in excess of $10 million. Protests of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

3.13 Ombudsman: If the Contractor believes it was not fairly considered for a particular Task Order, the Contractor may present the matter to the Contracting Officer. As provided by FAR 16.505(b)(5), the Contractor may appeal the explanation or decision of the Contracting Officer to the Ombudsman. The Ombudsman will review the Contractor’s complaint, and in coordination with the Contracting Officer, ensure that the Contractor was afforded a fair opportunity to be considered for the Task Order.

MICC Command Ombudsman Information:

Ms. Christine B. Barge HQ Mission and Installation Contracting Command (MICC) 2219 Infantry Post Road JBSA Fort Sam Houston TX 78234-1361 Phone: (210) 466-2408 Email: Christine.b.barge.civ@mail.mil

3.14 Plans and Specifications: The Contractor will be provided an electronic copy of the Statement of Work.

S-4. TASK ORDERS INCLUDING DESIGN AND CONSTRUCTION SERVICES

4.1 Limitation on Payment for Design Services: If it should be necessary to terminate a Task Order that includes design, for any reason, prior to completion, the Government will pay the Contractor a fair and reasonable price for the design services performed and delivered to the Government. However, such payment will not exceed a sum greater than the amount allowable pursuant to 10 USC 4540 regardless of the actual costs the Contractor may be able to substantiate. (See DFARS 236.606-70)

4.2 Design Reviews.

4.2.1 Review(s) of the design will be accomplished in accordance with the Statement of Work for each Task Order. The Contractor is responsible for submitting the number of copies to the addresses identified when review is not accomplished at the Contractor's office.

4.2.2 The time required by the Government to review submissions made during design or construction may vary with the Task Order. However, the Government will attempt to provide as expedited a review as is possible. The review periods, as established in the Task Order Schedule, are the maximum anticipated periods required. Every effort will be made to accomplish reviews within shorter periods. Over-the-shoulder reviews will be used to the maximum extent practicable.

4.3.3 The Contractor is responsible for incorporation of review comments as soon as possible and within the time scheduled in the Task Order.

S-5. ENFORCEABILITY OF PROPOSAL. The proposal must set forth full, accurate and complete information as required by this solicitation. The government will rely on such information in the award of a contract. By submission of the offer, the Offeror agrees that all items proposed (if applicable, e.g. key personnel, subcontractors, plan, etc.) will be utilized for the duration of the contract and any substitutions will require prior Contracting Officer’s approval.

S-6 EVALUATION OF CONTRACTOR PERFORMANCE. In accordance with FAR 42.1502 and FAR 42.1502(e), the Contractor’s performance will be evaluated upon completion of each Task Order of $700,000.00 or more and entered into the CPARS system. Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government. Additionally, an annual performance evaluation may be prepared upon the expiration of the contract or termination of the contract.

S-7 ORDER OF PRECEDENCE

7.1 MAIDIQ Basic Contract. Any inconsistency in this solicitation or contract will be resolved by giving precedence in the following order:

(i) Representations and other instructions,

(ii) Contract clauses,

(iii) Other documents, exhibits, and attachments,

(iv) The specifications

(v) The drawings

(a) The MAIDIQ basic contract includes the standard contract clauses, and the individual Task Orders include added specifics and schedules current at the time of Task Order award. The Task Order contract consists of:

(1) The solicitation in its entirety, including all drawings, cuts, and illustrations and any amendments, and

(2) The successful offeror's accepted proposal. The Task Order constitutes and defines the agreement between the Contractor and the Government. No documentation will be omitted which in any way bears upon the terms of that agreement.

(b) In the event of conflict or inconsistency between any of the provisions of a Task Order, including the RTOP, Contractor's proposal, or Task Order deliverable, precedence will be given in the following order:

(1) Betterments: Any portions of the accepted proposal, or any subsequent design or other submittal, which both conform to and exceed the provisions of the RTOP. "Betterment" is defined as any product, component, or system, which exceeds the minimum requirements stated in the Request for Proposal.

(2) The provisions of the solicitation.

(3) All other provisions of the accepted proposal.

(4) Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are "deliverables" under the Task Order and must conform to or exceed all provisions of the Task Order, in order of precedence herein.

S-8 DESIGN BUILD CONTRACTS

8.1 Responsibility of the Contractor for Design

a. The contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and any other design services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other design services.

b. Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contact or of any cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of the services described in paragraph a. above.

c. The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

8.2 Sequence of Design-Construction:

a. After receipt of the Notice to Proceed (NTP), the Contractor shall initiate design, comply with all design submission requirements, and obtain Government review of each submission. No construction may be started until the Government reviews the Final Design submission and determines it satisfactory for purposes of beginning construction. The contracting officer will notify the Contractor when the design is cleared for construction. The Government will not grant any time extension for any design re-submittal required when, in the opinion of the contracting officer, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.

b. If the Government allows the Contractor to proceed with limited construction based on pending minor revisions to the reviewed Final Design submission, no payment will be made for any in-place construction related to the pending revisions until they are completed, resubmitted and are satisfactory to the Government.

8.3 Contractor’s Role During the Design Process:

The Contractor’s construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the Contractor’s involvement includes, but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fast tracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the construction QC program with the design QC program, and maintaining and providing the design team with accurate, up to date redline and as built documentation. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

S-9 WORK BY THE GOVERNMENT

The Government reserves the right to undertake performance by Government forces, for the same type or similar work as contracted herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

S-10 SHOP DRAWINGS AND SUBMITTALS

The Contractor is responsible for preparation of all shop drawings, submittals, and as-builts for each Task Order in accordance with requirements contained therein. Two copies of the drawings shall be submitted to the COR prior to the final inspection, one in hard copy and the other electronically in AutoCAD format or as further defined in the Task Order.

S-11 PAPERLESS CONTRACTING

11.1 MICC Fort McCoy, Wisconsin, is fully committed to the Federal Government’s electronic commerce and paperless contracting initiatives. As such, it is anticipated that, to the maximum extent possible, RTOPs, to include specifications and drawings may be issued using electronic methods, (i.e., the internet, email, etc.).

11.2 In addition, Task Order distribution and correspondence will also be issued electronically using email, internet or other electronic methods. Contractors shall have and maintain capability to receive documents in this manner.

11.3 It is anticipated that within the life of this contract other electronic processes will be enacted. These include, but are not limited to, electronic offers, and electronic invoicing. When implemented by the Contracting Officer, contractors shall participate fully in any of these new requirements at no additional cost to the Government. Failure to accommodate new processes may be cause for termination or non-consideration for future work.

S-12 AMBIGUITY/CONTRACT INTERPRETATION

This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties’ complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein.

Failure to comply with all obligations shall be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.

S-13 INSTALLATION REGULATIONS

The Contractor, his employees, and subcontractors shall become familiar with and obey the regulations of the installation including fire, traffic, safety and security regulations while on the military installation. Those driving motor vehicles shall observe and obey all speed limits posted throughout the installation. Personnel should not enter restricted areas unless required to do so and only upon prior approval. All contractor employees and subcontractors shall carry proper personal identification with them at all times.

Access and General Protection/Security Policy and Procedures: Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. Should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. Contractor and all associated sub-contractors’ employees shall comply with AR 190-13 Physical Security requirements, applicable installation policy, facility, and area commander installation/facility access, local security policies and procedures.

S-14 COMPLIANCE WITH STATE AND FEDERAL LAWS AND REQUIREMENTS

The Contractor, his employees, and his subcontractors are subject to, and shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and any State (or other public authority now or hereafter in force). The Contractor agrees to observe and comply with all applicable state and federal requirements regarding social security, workman’s compensation, unemployment insurance and any other matters concerning employment applicable to the performance of this contract or rules, regulations, directions and order not inconsistent herewith as may from time to time be issued by the Government. The unilateral act of any Governmental body against any employee of the Contractor for the violation of a state or federal law or regulation shall not excuse the Contractor from full compliance with the terms and conditions of this contract.

S-15 MISCELLANEOUS CONTRACTOR REQUIREMENTS

15.1 Superintendence. The Contractor shall give his personal superintendence to the work or have a competent foreman or superintendent, satisfactory to the Contracting Officer, at the work site while work is in progress, with authority to act for him. The Contractor’s superintendent is responsible for maintaining and conducting the inspection system required by the contract.

15.1.1 Site Safety and Health Officer (SSHO). The Contractor shall provide a Site Safety and Health Officer (SSHO), who may also serve as the Superintendent. Provide an SSHO that meets the requirements of EM 385-1-1 Section 1. The SSHO must ensure that the requirements of 29 CFR 1926.16 are met for the project. The SSHO or an equally-qualified Alternate SSHO must be at the work site at all times to implement and administer the Contractor's safety program and government-accepted Accident Prevention Plan. The SSHO and Alternate SSHO must have the required training, experience, and qualifications in accordance with EM 385-1-1 Section 01.A.17, and all associated sub-paragraphs

15.1.2 Quality Control (CQ) Manager. The Superintendent is permitted to serve as the Quality Control (CQ) Manager as established under Unified Facilities Guide Specifications (UFGS), Sections 01 45 00.00 10 and shall have all required qualifications in accordance with this section.

15.2 Supervision. The Contractor’s personnel shall, at all times, be under the supervision of the Contractor and not Government personnel, whether uniformed or civilian and regardless of rank.

15.3 Personnel. The Contractor shall employ and utilize only responsible, and capable persons in the performance of work under this contract. All employees must be citizens of the United States or authorized aliens and shall be able to furnish proof of citizenship if asked to do so by the Contracting Officer. Only authorized Contractor personnel shall be admitted to the worksite at all times.

15.4 Removal of Personnel. The Contracting Officer may require the Contractor to remove from the job those employees who endanger persons or property; those who manufacture, distribute, dispense, possess or use controlled substances at the worksite (FAR 52.223-6, Drug-Free Workplace); and those whose continued employment under this contract is inconsistent with the interest of military security.

15.5 Liability. The Contractor hereby agrees to release the Government (to include its officer, enlisted personnel, agents, and employees) from any liability for any loss, damage, or injury sustained by the Contractor or his employees during the performance of this contract. The Contractor also agrees to indemnify the Government for any loss, damage, or injury to Government personnel or agents or other third parties, provided such loss to the Government is caused by the negligence of the Contractor or his personnel while performing this contract.

15.6 Warranty Tags and Operation Manuals. The Contractor shall affix warranty tags and operation manuals on all equipment. The warranty tag shall provide information as to the year equipment with a warranty is installed, the company responsible for the warranty, the expiration date of the warranty for the equipment and individual point of contact information for the equipment. If operation manuals cannot be affixed to the equipment, they shall be provided to the COR prior to the final inspection of the project (See Section S-30).

15.7 Form 1354. A DD Form 1354 must be completed and provided to the COR prior to the final inspection of the project.

S-16 SAFETY/ACCIDENT REPORTING (REFERENCE FAR Clause 52.236-13)

16.1 Accident prevention and safety practices on contractual work under the jurisdiction of the Contracting Officer are the responsibilities of the contractor concerned.

16.2 Accident Prevention Plan: The contractor shall submit an Accident Prevention Plan in accordance with the requirements in each Task Order. Furthermore, the Contractor shall brief all employees on proper safety and accident reporting. The Contractor shall provide all occupational health services to his employees. Contractor employees shall be instructed to notify the Contractor’s project manager of potential or existing occupational health hazards that require attention. The Contractor shall designate a person on his staff to manage the Contractor's safety and accident prevention program. This person will be the point of contact for the Contracting Officer on matters of job safety, and shall be responsible for ensuring the health and safety of onsite personnel.

16.3 Compliance with Regulations. All work including the handling of hazardous materials or the disturbance or dismantling of structures containing hazardous materials shall comply with the applicable requirements of 29 CFR 1910/1926. All work shall comply with applicable state and municipal safety and health requirements. The Contractor shall comply with the requirements of OSHA and the California Occupational Safety and Health Law as administered by the Division of Occupational Safety and Health, Department of Labor and Industrial Relations, State of California. Where there is a conflict between applicable regulations, the most stringent shall apply.

16.4 Contractor Responsibility. The contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work. The Government will not be held liable for any action on the part of the contractor, his employees or subcontractors, which result in illness, injury or death.

16.5 Inspections, Tests and Reports. The required inspections, tests and reports made by the contractor, subcontractors, specially trained technicians, equipment manufacturers and other as required, shall be at the contractor’s expense.

16.6 Materials and Equipment. Special facilities, devices, equipment, clothing and similar items used by the contractor in the execution of work shall comply with applicable regulations.

16.7 Accident Notification/Report. In the event of a job-related accident, the Contractor shall immediately notify the Contracting Officer’s Representative (COR) and shall prepare a Report of Accident (DA Form 285 or equivalent) in quadruplicate and forward the original and two copies to the Contracting Officer or COR. The Contractor shall maintain an accident file for the life of the contract to include all accident reports. Any technical advice and assistance necessary in accident investigation and reporting may be requested from the respective Safety Office. Lost time injury is defined as “An injury resulting in a lost workday, not including the day of injury.”

S-17 CORRESPONDENCE

17.1 All correspondence shall be addressed to the Contract Specialist, A COPY OF ALL CORRESPONDENCE SHALL BE FURNISHED TO THE CONTRACTING OFFICER REPRESENTATIVE. Enclosures attached or transmitted with the correspondence shall also be furnished with an original and one copy. Each letter shall make reference to the contract name, contract number, Task Order number, and shall have only one subject.

17.2 For each Task Order, correspondence shall contain separate and distinct submittals to identify each project by name and Task Order number.

S-18 INVOICES INVOICING AND PAYMENT

18.1 The Government will make payment upon satisfactory completion of work AND receipt of a proper certification for payment. Payment may be withheld unless all contractual requirements including but not limited to: RECEIPT OF PROPER WEEKLY PAYROLLS IAW DAVIS BACON REQUIREMENTS and Subcontracting Reports have been timely received.

18.2 All requests for payments must include a Subcontractor Payment Register pursuant to FAR 52.232-5 and a contractor’s certification that reads as follows:

I hereby certify, to the best of my knowledge and belief that –

(1) The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made for previous payments received under this Task Order, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and requirements of Chapter 39 of Title 31, United States Code; and

(3) This request for progress payments does not include any amounts, which the prime contractor intends to withhold or retain from subcontractor or supplier in accordance with the terms and conditions of the subcontract.

18.3 A release of claims is required for all final payment requests and shall be submitted by the contractor with their final invoice. Final invoice shall not be submitted until Government acceptance of the completed project has been made in writing. Final invoice shall be submitted along with a Release of Claims.

18.4 Content of Invoice. Requests for payment in accordance with terms of the contract shall consist of (1) The Contractor’s invoice showing, in summary form, the basis for arriving at the amount of the invoice; (2) The contract performance statement which shall show, in detail, the estimated cost, percentage of completion, and value of completed performance; and (3) Updated progress and equipment delivery schedules.

18.5 Invoices. Invoices shall be forwarded to the Contract Specialist. Invoices not completed in accordance with requirements above will be returned to the Contractor for correction of the deficiencies.

18.6 Payments to the Contractor. Payments shall be subject to reduction for overpayments or increase for underpayments on preceding payments to the Contractor. Basis for the Contracting Officer’s consideration to allow progress payment for material delivered on the site (but not installed) and for completed preparatory work, as authorized under FAR 52.232-5 shall be (1) major high cost items and (2) long lead special order items. In the request for progress payment, such items shall be specifically identified in the Contractor’s estimates of work submitted for the Contracting Officer’s approval. At the time of invoicing, the amount billed shall be supported by documents establishing its value. Progress payment for material delivered on site but not installed, and for competed preparatory as authorized under FAR 52.232-5 shall be specifically identified in the schedule of prices. Only approved items shall be eligible for progress payment.

18.7 Obligation of Government Payments. The obligation on the Government to make payments required under the provisions of this contract will, at the discretion of the Contracting Officer, be subject to the following: (1) Reasonable deductions due to defects in material or workmanship; (2) Claims which the Government may have against the Contractor under or in connection with the contract; (3) Unless otherwise adjusted, repayment to the Government upon demand for overpayments made to the Contractor; (4) Receipt of payroll data (to include prime and subcontractors) covering the period of performance of the invoiced amounts; (5) Receipt and approval of all submittal items required; and (6) SF 1413’s for all subcontractors.

S-19 SCHEDULING OF PRE-FINAL AND FINAL INSPECTIONS

19.1 Notification for Pre-final. The Contractor and the Government will jointly conduct a pre-final inspection prior to any final inspection. Request for the pre-final shall be made in writing to the Contracting Officer at least [7] days prior to the desired date.

19.2 Pre-final Inspection. Discrepancies noted will be furnished by the Government inspector to the Contracting Officer. The Contracting Officer is responsible for furnishing a complete punch list, in writing, to the Contractor. Any items noted on the Pre-Final punch list will be completed in a timely manner and prior to scheduling a final inspection. These inspections and any deficiency corrections required by this paragraph shall be accomplished within the time slated for completion of the entire work or any particular increment of the work if the project is divided into increments by separate completion dates. As-builts, real property data, warranties, manuals, etc., may be turned-in at time of Pre-final inspection or as otherwise specified.

19.3 Notification for Final Inspection. When the Contractor is ready for final inspection, he shall request so in writing to the Contracting office at least 2 days prior to the desired date, and shall include the Contractor’s assurance that all specific items previously identified to the Contractor as being unacceptable, along with all remaining work performed under the contract, will be complete and acceptable by the date scheduled for the final acceptance inspection.

19.4 Final Inspection. The final inspection will be performed with the Contractor by the Contracting Officer Representative (COR), Government Inspector, consultant team, and/or representative of the using activity. Discrepancies noted will be corrected within the time specified by the Contracting Officer. Final acceptance of the work occurs upon the Contracting Officer's acceptance of the work subsequent to successful final inspection by the COR and receipt of all contract requirements. Final acceptance shall occur prior to the established contract completion date or liquidated damages will be assessed for late performance.

END OF SECTION