W91247-17-B-A006.pdf

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 36

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W91247 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ANTHONY P. MAIORE 910-907-5113

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

3 - 7 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 8 - 9 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

10 - 23

PART II - CONTRACT CLAUSES

MICC CENTER - FORT BRAGG

MICC - FORT BRAGG

2175 REILLY ROAD STOP A

FORT BRAGG NC 28310-5000 910-908-3877

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.

0010973133

5. DATE ISSUED

06 Jul 2017

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W91247-17-B-A006

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

CONSTRUCTION: PA-40041-14

FFP

DPW Project PA-40041-14 - The contractor shall furnish all labor, equipment, transportation, tools, supervision and materials necessary to perform the required work in the Statement of work and technical exhibits. All work shall be in strict compliance to the local, state and federal building codes. The primary scope of this project is to repair damage basket court, Dahl PFC, Bldg M4161.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010973133

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job Contract Manpower Reporting

FFP

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “No Cost”.

Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil.

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

1. GENERAL

1.1. SCOPE. Contractor shall furnish all design, survey, labor, parts, materials, equipment, and the transportation necessary to perform the demolition of existing basketball wood floor and subfloor system. Supply and Install of a vulcanized rubber surfaces with reinforced underlayment over the existing slab. New vulcanized surface will have athletic court lines and new volleyball sleeves installed. Americans with Disabilities Act (ADA) access shall be provided at each doorway. All work will be completed to the manufacturer's specifications, as defined in this SOW, and all other terms and conditions.

1.2. GENERAL INFORMATION. This requirement has a performance period of 180 calendar days. The Contractor is required to begin work within 7 calendar days of issuance of the Notice to Proceed (NTP). The NTP shall not be issued until applicable bonds are submitted and certified for legal sufficiency. The Contractor shall perform work in accordance with final issued for construction specifications and drawings and all work is subject to the terms and conditions of the contract.

1.3 PERSONNEL.

1.3.1 Project Manager. The Project Manager (PM) will be responsible for the performance of this work IAW the SOW compliance, and all safety standards. The name of this person and any alternate(s) who shall be able to act on behalf of the contractor when the PM is absent/off site. They will be designated in writing with POC contact information provided to the Contracting Officer (KO) and the Contracting Officers Representative (COR) within five (5) days of contract award.

1.3.1.1 The Project Manager or alternates will be available during normal duty hours (7:30 a.m. – 4:30 p.m. Monday through Friday), to meet at the job site with the COR designated by the Contracting Officer to discuss problem areas. Contractor shall furnish phone numbers for Project Manager/alternate to the Contracting Officer and the Contracting Officer Representative within five (5) days of contract award.

1.3.2 Employees: At all times, while on Fort Bragg, the Contractor will be responsible for the supervision and conduct of their employees and all sub-contractor employees.

1.3.2.1 The Contractor will not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest, nor shall the contractor employ any person who is an employee of the Department of the Army, either military or civilian, unless such person seeks and receives approval in accordance with the Department of the Army Standards of Ethical Conduct Rules. All workers will be vetted through the Installation vetting system (AIE), see par 5.1.3 this SOW.

1.3.2.2 The Contractor will not employ any person who is not a citizen of the United States or who has a criminal background and is wanted for any misdemeanor or felony in any of the 50 states of the United States and subjected to the trustworthiness determination IAW DOD 5200.2.R. All employees will be required to process through the Installation Automated Installation Entry (AIE) vetting system and have a National Criminal Information Check (NCIC) conducted in order to be granted access to Fort Bragg (see par 5.1.3)

1.3.2.3 All personnel employed by the contractor in the performance of this contract or any representative of the contractor entering the government installation will abide by all rules/regulations/laws/ordinances of the installation and are subjective to any additional requirements as a result of increase of the FPCON which may be in effect during the contract period.

1.3.2.4 The government has the right to restrict the employment under this contract of any contractor employee or prospective contractor employees who are identified as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

1.4 PHYSICAL SECURITY. The contractor will be responsible for safeguarding all contractor and government property during this project IAW AR 380-19, AR 380-67, AR 190-11, DOD 5200.1R, Appendix G, IDG, and this SOW. At the close of each work day, all construction materials will be properly secured at the job site or off site. The Government is not responsible for any of the contractor’s property that is used in performance of this contract and or left on the job site.

1.5 INSPECTION.

1.5.1 The Contractor will establish and maintain a quality control process over this entire construction project.

1.5.2 Contractor must inspect all materials used in this project to prevent defects materials, not made in the USA, and improper installation, placement, and fitment.

1.6 HOURS OF OPERATION.

1.6.1 On site demolition, construction, and installation will not start before 0730 to 1630, Monday-Friday (excluding holidays), except with the approval KO.

1.7 SAFETY REQUIREMENTS.

1.7.1 The Contractor shall establish and maintain an approved Accident Prevention Plan (APP) over this entire construction project. Contractor’s employees will comply with all safety requirements IAW AR 385-32, OSHA and EM 385-1-1.

1.7.2 Environment and OSHA. The contractor will comply with all local, State, and Federal environmental, OSHA, and all pertinent provisions of the publication 29 CFR 1910 and EM 385-

1. Any apparent conflict with the requirements of this contract will be immediately brought to the attention of the Contracting Officer or their authorized representative for final resolution.

The contractor will be liable for all fines, penalties, and cost which the contractor or contractor personnel are assessed and may be grounds for the Contracting Officer or their authorized representative to halt any and all contractor performance with a commensurate deduction of monies due the contractor until such unsafe conditions are corrected. The contractor shall take due caution not to endanger personnel during performance of this contract.

5. SPECIFIC TASKS

5.1. All construction shall be made in accordance to Standard Industry Practice. Contractor shall adhere to the most CURRENT Building Codes, Regulations, Guidelines, and Industry Standards in the performance of this project. All work shall be done in accordance with all national, state, and local building codes and with the manufacturer’s guidelines for the preparation and installation of vulcanized athletic surfacing.

Where brand names are indicated, the Contractor shall provide brand name or equal. Purchase description reflects the characteristics and level of quality that shall satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation. (FAR 52.211-6)

a. Existing wood floor shall be entirely removed and disposed. Concrete slab to be cleaned and new protective slip sheet that is fiberglass reinforced Everlay to be installed directly over the concrete. New vulcanized rubber surface to be full adhered to the Everlay protective layer. Note at no point should the rubber surface be installed directly on the concrete.

b. Prior to installation of the new athletic surface, the concrete slab shall be leveled.

Leveling compound will be Portland based and approved for use under the slip sheet.

c. Vulcanized surface will be a minimum of 8mm and vulcanized in 2 layers with a minimum 6’ wide sheet and lengths of 10’ or longer and shall be fully glued to the reinforced underlayment. Color to be selected from one of the standard colors by the DFMWR POC for this project and DPW Project Manager.

d. NCAA Basketball and Volleyball court lines to be applied by approved gym tape or paint on the vulcanized surface.

e. Gym surface must be nonporous, antimicrobial and be Green Guard certified.

f. Products less than 6’ wide or with SBR materials are not acceptable.

g. Vulcanized surface shall be class 1 fire rated.

h. New wall base, transition pieces and ADA ramping to be installed (black in color).

i. All equipment will be moved back on to new surface by others once the floor has met the minimum curing standards of 72 hours.

j. The contractor shall submit design drawings of the floor system to be reviewed by the

COR according to the following schedule; 65% design within 60 days of NTP, and 100% design and specifications within 90 days of NTP.

k. All as built drawings shall be provided in the latest DGN format and georeferenced.

l. Contractor shall provide a construction sequence plan and schedule to be approved by the

COR, that indicates the construction sequence in order to minimize conflicts with visitors, and other gym operations.

m. All equipment will be removed (by others) to a location in the building until renovation are complete. Bleachers shall be removed by contractor and reinstalled.

n. Contractor shall supply a letter from the manufacture stating they are a certified contactor for the installation of the vulcanized surface within 5 days after award.

Contractor shall supply 3 references where the underlayment and vulcanized system has been used within 5 days after award.

5.1.1. CONTRACTOR RESPONSIBILITIES PRE-WORK: The contractor is responsible for coordination of all dig permits, utilities spotting, and SUS electrical support, electrical installation and any necessary permits for the execution of this contract.

a. All work will be completed to the final approved design and specifications, as defined in this SOW.

b. Contractor will schedule all required utilities spotting service orders and dig permits through the Directorate of Public Works (DPW) Work Order section (910-396-0331).

Utilities locations/spotting will be marked initially and then maintained until construction starts. All locations that require digging will be located and marked. Dig permits from DPW will be required prior any excavation.

c. Contractor personnel will present a neat and professional appearance and must be easily recognized as contractor employees. Contractor employees must have some form of picture identification and their vetting document in their possession at all times.

d. Contractor will ensure that employees possess a current and valid driver’s license and current vehicle insurance before operating any type of vehicle or equipment on Fort Bragg.

5.1.2. MATERIAL DISPOSITION. Remove all byproducts as a result demolition activities or debris from the project site daily, unless otherwise placed in contractor provided receptacles. Do not dispose of any construction debris into any waste receptacle on Fort Bragg. Ensure that construction materials that cannot be removed daily are stored in areas specified by the COR.

Contractors shall comply with all Federal, State, and local hauling and disposal regulations. All construction material to be disposed shall be taken outside of Ft. Bragg due to non-availability of the Ft. Bragg Landfill.

5.1.3. AUTOMATED INSTALLATION ENTRY (AIE) REQUIREMENTS. The Contractor is required to have all their employee and those of their subcontractors processed through the installation vetting process called AIE. AIE vetting of all workers is required with this SOW.

All employees must be legal residents of the United States and clear the vetting process as a requirement for the performance of this SOW.

5.2. LOCATION OF SERVICE. All work for this SOW will be performed on Fort Bragg IAW this SOW and per the drawings and site locations identified/listed in enclosures.

5.3. QUALITY CONTROL. Contractor shall submit their own quality control (QC) procedures to be monitored by the COR.

5.3.1. Contractor will be liable for repairing or replacing at his/her cost any Government or private property damaged while performing this contract.

5.4. INSPECTION AND ACCEPTANCE. Contractor will contact the COR, if they will not be able to complete the required work for any reason. If equipment/components cannot be installed as prescribed in the drawings and to the manufacture’s specifications the Contractor will notify the COR and provide a written detailed proposal; describing the problem, the recommended corrective action, and provide specifications for any new equipment that may be needed to fulfill the requirements of this contract. If equipment specified and is no longer available in the marketplace, the Contractor shall recommend a comparable product as a replacement. Upon approval from the COR, the Contractor will install and test the substituted equipment to ensure that it operates with existing equipment and is operating properly to the COR’s satisfaction.

5.6. CLEANUP. The contractor shall, at all times, keep the work area, including storage areas utilized in the performance of this task order contract from unnecessary accumulation of waste materials or rubbish. Prior to the completion of work, the Contactor shall remove any rubbish and materials from the premises that is not the property of the Government. Upon completion of work, the Contractor shall leave the premises in a clean, neat and workmanlike condition.

5.7. WARRANTY. The Contractor shall provide a minimum of one (1) year Warranty on all labor and materials provided under this contract. Manufacturer’s warranty on parts and/or materials must be provided at the time of work completion.

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

CONTRACT ADMIN DATA

G.1. CONTRACT ADMINISTRATION DATA.

a. The Mission and Installation Contracting Command Center - Fort Bragg (MICC Center-FB) is responsible for awarding this Contract. The Contracting Officer (KO) is Mr. Anthony D.

Leathers at 910.908.3876 or anthony.d.leathers.civ@mail.mil.

b. Points of Contact. The KO will be responsible for the administration of this contract and, alone, is authorized to take actions on behalf of the Government that result in changes in the terms and conditions of the contract.

c. Contracting Officer’s Representative.

(i) The KO will designate a representative, the COR who will assist in the technical monitoring and/or administration of a contract. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the KO. The COR will act within the limits of their delegation of authority.

(ii) The COR will act in a liaison capacity to coordinate activities between the Contractor and the KO as required in the performance of the work under this contract.

(iii) No oral statements of any person whosoever will in any manner or degrees modify or otherwise affect the terms of this contract. The KO is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the KO.

(iv) The COR will receive, review, approve, sign and submit the invoice in WAWF to initiate Contractor payment. Additional information will be provided in the awarded contract.

G.2. INVOICES AND PAYMENTS.

Wide Area Work Flow

(a) All contractor invoices and receiving reports are required to be submitted electronically in accordance with Defense Federal Acquisition Regulation supplement (DFARS) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Contractors shall submit invoices through WAWF at https://wawf.eb.mil/.

(b) The Government will be using WAWF to accept/approve invoices and receiving reports.

Payment will not be made unless and until both the contractor and the Government WAWF submissions are submitted and processed correctly. Contractor invoices must reflect the CLINs contained in the contract. Proper invoices also must reflect the prices stipulated in the contract and the service or supply must be delivered, inspected and accepted.

(c) An interactive self-paced training module is available for both contractor and Government personnel at http://wawftraining.com to learn how to use WAWF. WAWF also offers customer support and/or assistance at 1-866-618-5988.

(d) The following codes will be required to route receiving reports and invoices correctly through WAWF.

CONTRACT NUMBER: W91247-17-C-XXXX

TASK ORDER NUMBER:

TYPE OF DOCUMENT: Construction Payment Invoice

CAGE CODE: XXXXX

ISSUE BY DODAAC: W91247

ADMIN DODAAC: W91247

INSPECT BY DODAAC: W36B5K

SERVICE ACCEPTOR/SHIP TO: W36B5K

PAY OFFICE DODAAC: HQ0490

(e) The Contracting Officers Representative (COR) point of contact: TBD. The COR will be the point of contact for receiving and accepting all invoices in WAWF.

Section I - Contract Clauses

CLAUSES INCORPORATED BY FULL TEXT

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

(End of clause)

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-6 Brand Name or Equal AUG 1999 52.211-13 Time Extensions SEP 2000 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.215-2 Audit and Records--Negotiation OCT 2010 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014

52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-1 Biobased Product Certification MAY 2012 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 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-9 Buy American--Construction Materials MAY 2014 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.228-1 Bid Guarantee SEP 1996 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-2 North Carolina State and Local Sales and Use Tax APR 1984 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-2 Payments Under Fixed-Price Research And Development

Contracts

APR 1984

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items JAN 2017 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7007 Limitation Of Government's Obligation APR 2014 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

52.000-4012 INSURANCE REQUIREMENTS (JUN 1999)

The following kinds and minimum amounts of insurance are required in accordance with FAR clause 52.228-5 entitled, “Insurance--Work on a Government Installation.”

KIND: AMOUNT:

Workmen’s Compensation and Amount required by the State in which this contract is performed Occupational Disease Insurance

Employer’s Liability Insurance $100,000

Comprehensive General Liability $500,000 per occurrence Insurance for Bodily Injury

Comprehensive Automobile Liability $200,000 per person $500,000 per occurrence for Bodily Injury and $20,000 per occurrence for Property Damage (End of Clause)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days. The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $135 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

(a) Definition.

"Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to--

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

52.219-30 NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE AWARD TO, WOMEN-OWNED SMALL

BUSINESS CONCERNS ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM (DEC

2015)

(a) Definitions. “Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

“WOSB Program Repository” means a secure, Web-based application that collects, stores, and disseminates documents to the contracting community and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for, or awarded on a sole source basis to, WOSB concerns eligible under the WOSB Program;

(2) Part or parts of a multiple-award contract that have been set aside for WOSB concerns eligible under the WOSB Program; and

(3) Orders set aside for WOSB concerns eligible under the WOSB Program, under multiple-award contracts as described in8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from WOSB concerns eligible under the WOSB Program. Offers received from concerns that are not WOSB concerns eligible under the WOSB program shall not be considered.

(2) Any award resulting from this solicitation will be made to a WOSB concern eligible under the WOSB Program.

(3) The Contracting Officer will ensure that the apparent successful offeror has provided the required documents to the WOSB Program Repository. The contract shall not be awarded until all required documents are received.

(d) Agreement. A WOSB concern eligible under the WOSB Program agrees that in the performance of the contract for—

(1) Services (except construction), the concern will perform at least 50 percent of the cost of the contract incurred for personnel with its own employees;

(2) Supplies or products (other than procurement from a non-manufacturer in such supplies or products), the concern will perform at least 50 percent of the cost of manufacturing the supplies or products (not including the costs of materials);

(3) General construction, the concern will perform at least 15 percent of the cost of the contract with its own employees (not including the costs of materials); and

(4) Construction by special trade contractors, the concern will perform at least 25 percent of the cost of the contract with its own employees (not including cost of materials).

(e) Joint Venture. A joint venture may be considered a WOSB concern eligible under the WOSB Program if—

(1) It meets the applicable size standard corresponding to the NAICS code assigned to the contract, unless an exception to affiliation applies pursuant to 13 CFR 121.103(h)(3);

(2) The WOSB participant of the joint venture is designated in the System for Award Management database and the System for Award Management as a WOSB concern;

(3) The parties to the joint venture have entered into a written joint venture agreement that contains provisions-

(i) Setting forth the purpose of the joint venture;

(ii) Designating a WOSB concern eligible under the WOSB Program as the managing venturer of the joint venture, and an employee of the managing venturer as the project manager responsible for the performance of the contract;

(iii) Stating that not less than 51 percent of the net profits earned by the joint venture will be distributed to the

WOSB;

(iv) Specifying the responsibilities of the parties with regard to contract performance, sources of labor, and negotiation of the WOSB contract; and

(v) Requiring the final original records be retained by the managing venturer upon completion of the WOSB contract performed by the joint venture.

(4) The joint venture must perform the applicable percentage of work required in accordance with paragraph (d) above; and

(5) The procuring activity executes the contract in the name of the WOSB concern eligible under the WOSB Program or joint venture.

(f) Nonmanufacturer. A WOSB concern eligible under the WOSB Program that is a non-manufacturer, as defined in 13 CFR 121.406(b) or 19.102(f), may submit an offer on a WOSB requirement with a NAICS code for supplies, if it meets the requirements under the non-manufacturer rule set forth in those regulations.

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

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

``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT

2016)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4)such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate ``none'']

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1:

Foreign construction material Domestic construction material Item 2:

Foreign construction material Domestic construction material \1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at TerList1.html. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR chapter V and/or on OFAC's Web site at http://www.treas.gov/offices/enforcement/ofac/.

(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (MAY 2014)

In accordance with section 806(a)(3) of Pub. L. 102-190, as amended by sections 2091 and 8105 of Pub. L. 103-355 (10 U.S.C. 2302 note), upon the request of a prospective subcontractor or supplier offering to furnish labor or material for the performance of this contract for which a payment bond…