W9124C20R20007_FINAL.docx

W9124C20R0007

Section B - Supplies or Services and Prices

ORDERING PROCEDURES

1. TASK ORDER ISSUANCE PROCEDURES

(a) Work under this contract will be ordered by written task orders issued on DD Form 1155 (Order for Supplies or Services) to the contractor by the Contracting Officer. Each task order as a result of this solicitation will cite an individual task order number. Task orders will be placed in a sequential numbering system, which relate back to the basic contract and their assigned task order number.

(b) Task orders will be firm fixed price and clearly define the specific services to be performed or the performance required. Each task order may contain additional, site or project-specific, provisions. Any additional provisions shall be a part of the task order request for proposal.

(c) Task order projects shall be for non-complex, construction-oriented projects requiring minimal design.

(d) In accordance with FAR 16-505(b) the Contracting Officer will give all awardees a “fair opportunity” to be considered for each order.

2. EXPECTED MAGNITUDE OF TASK ORDERS

(a) Task Orders will typically range from $2,000 to $3,500,000. Task order projects may require single discipline or multi-discipline for minor construction and repairs concerning sustainment, restoration, and modernization (SRM) of real property maintenance type projects. In addition, task orders shall not be issued for work that exceeds statutory limitations for new construction.

IMCOM_DPW MATOC Base Year

FFP

Period of Performance: 18 December 2020 - 17 December 2021.

The contractor shall provide all material, labor, equipment, and tools required to perform the services specified in Section C and individual Task Orders when issued.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011382458

PSC CD: Z2QA

NET AMT

FFP

Period of Performance: 18 December 2021 - 17 December 2022.

The contractor shall provide all material, labor, equipment, and tools required to perform the services specified in Section C and individual Task Orders when issued.

NET AMT

FFP

Period of Performance: 18 December 2022 - 17 December 2023.

The contractor shall provide all material, labor, equipment, and tools required to perform the services specified in Section C and individual Task Orders when issued.

NET AMT

FFP

Period of Performance: 18 December 2023 - 17 December 2024.

The contractor shall provide all material, labor, equipment, and tools required to perform the services specified in Section C and individual Task Orders when issued.

NET AMT

FFP

Period of Performance: 18 December 2024 - 17 December 2025.

The contractor shall provide all material, labor, equipment, and tools required to perform the services specified in Section C and individual Task Orders when issued.

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$140,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$10,000,000.00

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

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

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

SECTION B - CON'T

WORK HOURS

1. Normal work hours are from 7:00 AM to 4:00 PM, Monday – Friday, local time.

2. Other than normal work hours are all days & times not included in normal work hours.

The E4Clicks Premier Project Estimator (e4Clicks) shall be utilized for all proposals under this contract. The software will be used for formatting of proposals, there will not be any pre-negotiated pricing. The Contractor shall purchase E4Clicks Premier Project Estimator (e4Clicks) to support the contract requirements within seven (7) calendar days of contract award.

Offerors binding MAIDIQ CAP RATES (submitted in accordance with section L) shall include: table:

Direct Hourly Labor Rate w/ Fringe Benefits

Contract Manager $

Contract/Site Superintendent $

Quality Control Manager $

Percentage Applied

G&A (Applied to total cost less bonds) %

Profit (Applied to total cost to include G&A less bonds) %

Note 1 – the Contractor Quality Control Person can be the SSHO on this project.

Note 2 - bonds shall be reimbursed at cost, no profit, G&A or overhead allowed once proof of payment is furnished.

Section C - Descriptions and Specifications

MATOC STATEMENT OF WORK

Section C See Attachment I – Statement of Work, dated 7 April 2020.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

17-DEC-2021

GWENDOLYN RICHARDSON

W6CC USAG FJ ENG ACCT SUP PBOO

DPW SUPPLY FORT JACKSON

BLDG 2601 DOOR 4 WASHINGTON ROAD

FORT JACKSON SC 29207

803-751-5330

W37N02

17-DEC-2022

W37N02

17-DEC-2023

W37N02

17-DEC-2024

W37N02

17-DEC-2025

W37N02

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 Wide Area WorkFlow Payment Instructions.

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEVIATION 2018- AOOOl) (DEC 2017)

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

contract /order:

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

Construction

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

Fort Jackson

TBD

TBD

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

(h) GFEBS SUS.

(1) Access. SUS access is obtained by logging into WAWF at https://wawf.eb.mil/ and entering the SUS Pay Official DoDAAC HQ0678 as shown on the signature page of this contract. Contractors authorized to participate in the GFEBS SUS pilot program will be seamlessly routed to the SUS vendor portal.

(2) Training. SUS Contractors participating in the GFEBS SUS invoicing pilot program shall be trained by the Army by obtaining training material and guidance at the time of initial contract award.

(3) Payment Instructions. The Contractor will be provided in SUS the purchase order (PO) with the awarded contract information needed for use in submitting receiving report information and payment requests. In the event of a conflict between this contract and the PO displayed in SUS, the contract text takes precedence. The Contractor shall identify all such conflicts to the Contracting Officer promptly in writing upon discovery.

(i) Upon receipt of the award, the Contractor shall log into SUS and verify that the SUS PO matches the awarded document or modification. The Contracting office shall be notified of any corrections needed immediately prior to time of invoice. Failure to notify the Contracting Officer in a timely manner in SUS and to ensure action is taken may result in the Contractor being unable to submit a request for payment. When the obligation data cannot be posted or corrected timely, the Contractor may submit a paper invoice and/or receiving report data to the assigned Government acceptor. This submission will serve as the official start of The Prompt Payment Act period for purposes of timely payment and interest calculation. The acceptor will notify both the Contracting Office and Accounts Payable office. Once the error is resolved, the Contractor can submit an invoice in SUS, which will post in GFEBS. To correctly calculate any due interest, a GFEBS Invoice Processor will manually update the invoice baseline date to the invoice submission date on the paper invoice, and attach it for reference.

(iv) The Contractor shall submit the payment request as an invoice created from the associated ASN or Confirmation.

(i) The Contractor may obtain clarification regarding invoicing in SUS from the contracting activity's SUS point of contact.

(ii) For technical SUS help, the GFEBS helpdesk may contacted via e mail at army.gfebs.helpdesk@mail.mil or by phone at 866-757-9771.

(End of clause)

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

MINIMUM GUARANTEE

H.1 MINIMUM GUARANTEE

The contract minimum guarantee ($5,000) will be satisfied with the issuance of the first task order issued contemporaneously with the MATOC award.

H.2 COMMENCEMENT OF WORK

Project work under this contract may be performed only after the contracting officer issues a written Task Order. Each Task Order will have its own period of performance, which may commence upon issuance of the Task Order or upon issuance of a Notice to Proceed (NTP) as stipulated in the Task Order itself. Compliance with all bonding requirements will be validated prior to issuance of a NTP or a Task Order that stipulates it will serve as the NTP. Receipt and acknowledgement in block 16 of the DD Form 1155, the Task Order will serve as Notice to Proceed for the project listed on the form. The contractor is required to sign and return the form to the Contracting Officer. Commencement of the work outlined in the Task Order shall begin promptly upon acknowledgement of the Task Order. If sufficient reason exists not to acknowledge a Notice to Proceed, the rationale must be provided in writing to the Contracting Officer within ten (10) days of receipt of the Task Order.

H.3 PLACE OF PERFORMANCE

Project task orders under this contract will be performed at Fort Jackson, South Carolina. The specific place of performance on Fort Jackson will be designated on individual task orders.

H.4 REQUIRED INSURANCE (IAW FAR 28.306(b))

Reference FAR clause 52.228-5 entitled "Insurance – Work on a Government Installation, Jan 1997" the contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

a. Workmen's Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen's Compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

d. The Certificate of Insurance shall provide for thirty (30) days written notice to the contracting officer by the insurance company prior to cancellation or material change in policy coveage. Other requirements and information are contained in the aforementioned “Insurance” clause.

H.5 DAVIS BACON WAGE DETERMINATION

Individual task orders will be subject to one or more of the applicable Wage Determinations as the work dictates at the time of contract award (see Section J, List of Attachments). Upon entry into new option years, the latest wage determination will be incorporated and contractors will be required to comply with the revised wage rates on future task orders. See FAR Clause 52.222-30, section I.

DAVIS-BACON-SECONDARY SITE OF THE WORK: In accordance with FAR 52.222-5, this provision will apply at the Task Order level.

H.6 SUBCONTRACTING RESPONSIBILITIES

The contractor shall be responsible for the management and performance of all subcontractors. The contractor shall ensure Task Orders are completed within the stated requirements. Within fourteen (14) days after award of a task order the contractor shall deliver to the Contracting Officer a completed Standard Form 1413, Statement and Acknowledgment, for each subcontractor used. Nothing contained in the contract shall create any contractual relation between the subcontractor and the Government. In addition, Contractor shall furnish to the Government a monthly listing of all subcontractors.

H.7 NOTICE OF CONSTRUCTIVE CHANGES

No oral or written order, statement or direction by anyone other than the Contracting Officer expressly operating within the confines of his/her legal authority shall constitute a change order under the “Changes” clause of this contract or entitle the contractor to an equitable adjustment of the price or delivery schedule.

H.8 PAYMENT FOR MATERIALS STORED ON SITE

a. Payment for materials/equipment stored on site may be authorized on a case-by-case basis.

b. Consideration for payment for materials stored on site is subject to the following conditions:

1) The contractor shall furnish the contracting officer a list of the major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested.

2) Payment is limited to major high-cost items. Payment of major high-cost items does not include contractor overhead and profit.

3) Payment requests shall be consistent with approved material submittals and shall be supported by the following documents:

-Certified paid vendor invoices -Inventory checklists, jointly validated by the contractor, contract administrator, and/or Government inspector.

-Accepted delivery tickets, if applicable.

4) All material for which payment is requested shall be delivered to an approved location on-site, and certified that none will be removed without written permission of the contracting officer. Materials may also be stored in a bonded warehouse offsite if suitable storage space is not available on base.

5) Payments will be made monthly, or at more frequent intervals as determined by the contracting officer.

6) The contractor shall remain responsible and retain title to the materials until incorporated into the work.

H.9 PERFORMANCE AND PAYMENT BONDS –

a. Applicable to individual task orders

Payment Bond: The penal sum of the payment bond shall equal one hundred percent (100%) of the specified minimum value of the contract.

Performance-Bond: The penal sum of the performance bond shall equal one hundred percent (100%) of the specified minimum value of the contract.

b. Contractor shall furnish Performance and Payment Bonds (Standard Form 25/25A) with good and sufficient surety or sureties, acceptable to the Government. With the exception of preliminary design work, a notice to proceed shall not be issued and no work shall begin until good and sufficient surety, as identified below has been received and accepted by the Contracting Officer.

c. When a Payment Bond is required, the contractor may submit one of the following as an alternative to Standard Form 25A:

1) An irrevocable letter of credit (ILC).

2) A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, as escrow agent, and all of the suppliers of labor and material. The escrow agreement shall establish the terms of payment under the contract and of resolution of disputes among the parties. The government makes payments to the contractor's escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required.

3) Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the contracting officer, in an acceptable form, executable by the contracting officer.

4) A deposit of the types of security listed in FAR 28.204-1 and 28.204-2.

d. Bonds are due within 10 calendar days of the receipt of the task order.

e. Additional bond protection.

1) The Government may require additional performance and payment bond protection if the task order price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

2) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

H.10 INSTALLATION RULES AND REGULATIONS

The rules and regulations of the installation where services are performed shall apply to the contractor and his employees while on the premises of such installation. These regulations include but are not limited to: presenting valid identification for entrance to the installation, state registration for contractor-owned and/or privately owned vehicles, consent to search vehicles, possession/use of firearms and prohibited substances, traffic regulations, professional and civil individual behavior, obeying all posted directives, and providing strict adherence to military and civilian police direction.

H.11UTILITY SERVICES (IAW FAR 36.514)

The determination of whether utilities services required on the work site will be furnished at no cost to the contractor will be made at the Task Order level.

H.12 SPECIAL UTILITY PROVISION

The contractor shall be responsible for any and all damages to accurately marked utilities resulting from its operations. Further, the contractor shall be held liable for all costs associated with such damages. Such costs include not only the costs to properly repair the damaged utility, but any direct costs incurred by the Government to provide emergency response to the site, as well as for any other monetary losses. Such loss may also include the value of loss of productivity experienced by the Government due to loss of power and /or facility evacuation arising from the utility damage. Contractors are to field verify and mark location of utilities shown on construction permit.

H.13 PREPARATION OF SCHEDULES FOR CONSTRUCTION CONTRACTS

Reference FAR Clause 52.236-15 titled "Schedules for Construction Contracts." Construction schedules and progress reports may be prepared using any commercial project scheduling software. The schedule should reflect weekly progress by work element and/or construction trade from receipt of notice to proceed through final inspection and acceptance. The contractor shall furnish bi-weekly progress reports reflecting actual progress with scheduled progress.

H.14 NOTIFICATION OF DEBARMENT/SUSPENSION STATUS

The contractor shall, within twenty-four (24) hours of notification, provide notice to the Contracting Officer in the event of being suspended, debarred or declared ineligible by a Department or other Federal Agency, or upon receipt of a notice or proposed debarment from any other Department of Defense (DOD) Agency, during the performance of this contract.

H.15 PREPARATION OF MONTHLY STATUS REPORT ON ALL ACTIVE TASK ORDERS

H.16 The Contractor shall provide to the Government (Contracting Officer and CORs) monthly a detailed report on the 10th of the following month to include the information below:

H.16.1 List of subject, dollar amount, start date and completion date of all task orders issued during the month.

H.16.1.2 List of subject and dollar amount of all task orders completed during the month.

H.16.1.3 Listing of subcontractor's used per task order number.

H.16.1.4 Status of all incomplete task orders.

H.16.1.5 Amount of task orders issued, and of the difference between dollar amount issued and the MATOC's maximum value.

H.16.1.6 List of task order modifications and dollar amount (if applicable) issued during the month.

H.16.1.7 Master list of all task orders awarded with description, Installation, award amount, modification amount, total amount and fiscal year (sub-totaled by fiscal year).

H.17 DESIGNATION OF GOVERNMENT INSPECTOR

A Contracting Officer’s Representative or Inspector will be designated for the purpose of performing construction contract quality assurance for the Government. This includes performing technical surveillance, monitoring workmanship, verifying compliance with plans and specifications, and tracking progress. This provision in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of this contract.

H. 18 OMBUDSMAN

In accordance with 16.505 (a) (10), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task-order contract or delivery-order contract unless one of the exceptions in FAR 16.505(a)(10)(i) applies. The Task Order Contracting Officer should be the first point of contact for industry seeking resolution of issues. The IDIQ ombudsman required by FAR 16.505(b) is the MICC Task Order Ombudsman. The ombudsman represents an impartial authority outside of the task order-contracting office and has ultimate authority to review and adjudicate issues regarding task orders issued under this contract. Email address: usarmy.jbsa.acc-micc.mbx.micc-to-do-ombudsman@mail.mil

INSTALLATION POLICY

H23

1.0 Fort Jackson Specific Requirements:

1.1 CONTRACTOR PERSONNEL

(a) The Contractor is fully responsible for the performance and conduct of his employees at all times while on the installation performing under this contract. The Contractor shall be responsible for selecting personnel who are well qualified to perform the required services, for supervising techniques used in their work and for keeping them informed of all improvements, changes, and methods of operations.

(b) The Contractor shall not allow any employee to perform work under this contract while under the influence of alcohol, drugs, or any other incapacitating agent.

(c) All personnel employed by Contractor or any representatives of the Contractor entering the Government installation shall comply with all security regulations which may be in effect during the contract period and shall be subject to such checks as may be deemed necessary to assure that no violations occur. Military police and other law enforcement personnel on post have the right to deny entry to the installation or remove from the installation any contractor employee for misconduct which endangers the health or safety of people or property or for reasons of security. In addition, the installation commander has the authority under 18 U.S.C. 1382 to bar an individual from entry onto the installation. Such action by the Government shall not excuse the Contractor from fulfilling all requirements under this contract, and shall not be the cause of any claim or request for additional compensation by the Contractor against the Government.

(d) All personnel employed by the Contractor or any representatives of the Contractor who will be operating motor vehicles on the installation in performance of this contract shall have a valid driver’s license including any required commercial operating permit.

1.2 SAFETY AND ACCIDENT PREVENTION

a. In performing work under this contract the Contractor shall --

(1) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(2) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for this purpose are taken.

(3) Comply with all pertinent provisions of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EMS 385-1-1, dated September 1996.

b. The installation safety officer will provide random monitoring of Contractor performance for the Contracting Officer in the area of safety and accident prevention.

1.3 SECURITY

The Contractor shall be responsible for securing his equipment and material at the job site at the end of each work day. The Government shall not be held responsible for any loss experienced by the Contractor due to theft or vandalism.

1.4 PLACE OF PERFORMANCE

Principal Place of Performance: (FORT JACKSON, SOUTH CAROLINA)

1.5 REGULATIONS

The site of the contracted work is on a military installation and the Contractor shall comply with all applicable rules and regulations including, but not limited to, the following:

a) Fire Prevention. The Contractor and his employees shall be cognizant of and observe all requirements for handling and storage of combustible supplies and materials, daily disposal of combustible waste, trash in accordance with the National Fire Protection Association Code and the National Board of Fire Underwriters, as supplemented by AR 420-90. The Contractor shall also familiarize himself and require his employees to become familiar with the method of reporting a fire.

a) Traffic Regulations. The Contractor and employees operating motor vehicles on Fort Jackson shall observe traffic regulations and posted speed limits. The only exception to posted speed limits is passing troops in formation when speed shall be reduced to 10 MPH. Traffic laws are enforced on Fort Jackson and violators shall appear before a U.S. Magistrate for disposition of the violation.

b) Motor Vehicle Regulations. Operation of motor vehicles on Fort Jackson by Contractor employees shall be governed by AR 385-55, Prevention of Motor Vehicle Accidents, AR 190-5, and FJ Sup 1, Motor Vehicle Traffic Supervision, and all motor vehicle laws of the state of South Carolina. All Contractor-owned vehicles and Contractor employees’ vehicles entering Fort Jackson shall be registered with the Fort Jackson Law Enforcement Activity.

c) Smoking Regulation. Contractor employees shall comply with Smoking Policy, AR 600-63.

d) Prohibited Practices. Contractor employees shall comply with Fort Jackson Regulation 600-3, Prohibited Practices. Although not all inclusive, this regulation enumerates a variety of activities and practices which are prohibited on Fort Jackson. This regulation prohibits actual or attempted personal relationships between contractor employees and soldiers-in-training.

e) Concealed Weapons. Contractor employees are prohibited from having concealed or non- concealed weapons on the installation.

(g) Copies of the above regulations may be obtained from the Contracting Officer.

1.6 ADVERTISING ON CONTRACTOR'S VEHICLES

Advertising displayed on the Contractor's vehicles is permitted provided that the advertising conforms to good taste and public morality and is so worded as not to imply Army or United States Government approval or sanction of the advertised service and which is not embarrassing or detrimental to the military. The Contracting Officer will determine when advertising is inappropriate.

1.7 AUTHORITY

The Contractor shall not in any way represent that he is a part of the United States Government or that he has the authority to contract or procure supplies on the credit of the United States of America.

1.8 FIRE AND SAFETY REQUIREMENTS

1.8.1 Fire Prevention and Protection:

a. The Contractor and Contractor employees shall comply with AR 420-90, Fire and Emergency Services, and National Fire Prevention Association guidelines.

b. Installation fire prevention personnel may make periodic routine inspections for compliance.

1.8.2 Safety Program:

a. The Contractor shall implement a safety program to ensure that all operations and activities comply with Occupational Safety and Health Administration (OSHA) standards and other safety and health local general consensus standards.

b. The Contractor shall be thoroughly familiar with all safety and health requirements of this PWS in accordance with OSHA national consensus standards, including the requirement to establish a site specific standard operating procedure in accordance with OSHA Directives CPL 02-00-124 and CPL 2-0.124--Multi-Employer Citation Policy (Dec. 10, 1999), Multi-employer Worksite Policy.

c. The Government has the right to inspect and test all services related to safety standards, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

1.8.3 Protective Items: To comply with OSHA, Contractor personnel shall use protective clothing and equipment whenever and wherever required in the performance of services as determined in the contractors standard operating procedures related to tasks included in this PWS.

1.8.4 Safety Instruction: The Contractor shall provide initial indoctrination and continuing instruction to all employees to enable employees to conduct their work in a safe manner and to recognize and report hazardous conditions to the appropriate offices for corrective or abatement action. Initial indoctrination shall be provided for safe work practices; proper use, care, and maintenance of equipment; reporting hazards, accidents, and mishaps; employee responsibility for accident prevention and fire prevention; fire evacuation routes and internal shelter areas.

1.8.5 Notification of Accidents and Damage to Government Equipment Property:

a. General requirements for reporting accidents and loss or damage to Government property are contained in AR 385-10, and DA PAM 385-40 for the Performance of Contract Property Administration.

b. Damage to Government property must be reported regardless of the dollar amount of damage. The Contractor shall provide immediate notification of property damage to the hand receipt holder and the COR. The Contractor shall prepare a Report of Accident, U.S. Army Accident Report, DA Form 285. Forward the original and one copy to the KO within five (5) workdays after a reportable accident occurs.

1.8.6 INJURIES: The Contractor shall immediately notify the designated Government representative of any injury to a Contractor employee. The Government will advise the Contractor if additional information or forms are required. The Contractor shall prepare an OSHA form 301 and forward to the COR and KO within five (5) workdays after a recordable accident occurs. OSHA Accident reporting for contracted employees will be the responsibility of the contractor in accordance with 29 CFR 1904 and 1925.

1.9 SEXUAL ASSAULT or SEXUAL HARRASSMENT INCIDENT RESPONSE PROCESS: Contractors will adhere to, and ensure all contractor personnel are aware of the following installation policy and procedures:

1.9.1 If a Contractor Employee is accused of, or the victim of, an alleged sexual assault or sexual harassment incident involving a Soldier, DA Civilian, or another Contractor Employee the following steps must be taken as soon as possible by the Army unit(s) involved:

1.9.1.1 For Sexual Assaults Only

a. If the alleged incident occurs on a military installation, contact CID or the MPs to report the alleged assault. If off post, contact the local police/sheriff's department, to report the alleged assault. For all emergencies, dial 911, on or off post.

1.9.1.2 For all alleged Sexual Assault/Harassment Incidents follow the remaining steps:

a. If the alleged victim is a Soldier contact the SHARP (SARC or VA) representative(s) of the Army unit(s) involved. For all others, notify the Unit's chain of command and the Government Supervisor of the department where the incident occurred.

b. Notify the Contracting Officer Representative (COR) assigned to oversee the contract that the Contractor Employee(s) works under, of the alleged sexual assault or sexual harassment incident.

c. COR notifies the Contracting Officer (KO) with the four W's (Who, What, When & Where).

d. KO will notify the Contractor Employee's company, submit a MICC CCIR to their supervisor and document the Contract file concerning the alleged incident.

e. Unit Commanders/SHARP representatives handle the other aspects of the case IAW the Army SHARP process (AR 600-20 and/or other published DA Policies).

f. If the unit Commander(s) initiates an investigation, prior to interviewing any Contractor Employees for the investigation, coordination must be made through the KO. NOTE: A Contractor Employee cannot be compelled to provide a sworn statement or be forced to participate in an investigation, and attempting to do so may result in an Unauthorized Commitment. A Contractor Employee can voluntarily provide a sworn statement, but they will be doing so in their personal capacity, not as a representative of the Employee's Company.

g. Completed unit Sexual Assault/Harassment investigation reports involving Contractor Employees must be provided to the KO in order to document the Contract file and protect the Government's interest.

h. Contractor Employees who are victims of sexual assault/harassment can be referred to the EEO, who will review their eligibility for programs. They may be able to seek treatment through their Company. A Contractor Employee may also call the U.S. Equal Employment Opportunity Commission (EEOC), 1-800-669-4000 (toll-free).

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within (TBD at the Task Order level) 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 (TBD at the Task Order level). The time stated for completion shall include final cleanup of the premises.

*NOTE* The timeframe for both items listed above shall be determined at the task order level.

(End of clause)

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 specified on each task order 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.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price (FFP), Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) resulting from this solicitation.

(End of provision)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of $10,000,000;

(2) Any order for a combination of items in excess of $10,000,000; or

(3) A series of orders from the same ordering office within ten (10) calendar days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that…