W9124J-12-R-0014-0001.doc

W9124J-12-R-0014

Section A - Solicitation/Contract Form

SOLICITATION NOTES

A1.

This Multiple Award Task Order Contract (MATOC) will cover facilities across a three state region: California, Nevada, and Arizona (collectively, Region One). This requirement is for a broad range of maintenance and repair of real property and minor construction on buildings to include some design/build and construction efforts. The contractors shall provide labor, equipment, materials, and supervision necessary to perform interior/exterior painting and disposal, minor construction, maintenance and repair in accordance with the Statement of Work (SOW) and each individual Task Order.

A2.

This acquisition is set-aside for 8(a) contractors with a bona fide place of business (as defined by the SBA) in California, Nevada, or Arizona.

A3.

Reference SF1442, Block 13D, the minimum proposal acceptance period is 120 calendar days from the receipt date of Offerors.

A4.

This solicitation is for a Multiple Award Task Order Contract (MATOC). The Government intends to make two to three awards from this solicitation. The Government reserves the right to make more or less awards. The estimated program ceiling for Region One is $13.5 Million.

A5.

The guaranteed minimum for each awarded MATOC is $10,000.00 and is applicable only for the first year of the five year ordering period.

A6.

Applicable Davis Bacon Wage Determinations will be included on the individual task order level. Refer to Attachment 4 for the applicable DB Wage Determination for the Sample Task.

A7.

The provisions of FAR 9.5, "Organizational Conflict of Interest" (OCI), apply to any award under this solicitation. A significant conflict of interest has been identified which may prohibit the prime contractor, Chenega Global Services, from participating in any form to this solicitation and resulting contract. The reason for this potential prohibition is that Chenega Global Services provides general engineering technical support to the 63rd RSC. All potential offerors, subcontractors, or any other contractor having a business relationship with Chenega Global Services shall identify any current and/or potential conflict of interest and any plans to mitigate any such conflict. Offerors should review their current and planned participation in any other Government contracts, subcontracts, consulting, or teaming arrangements where they may be in a position of actual or perceived bias or unfair competitive advantage.

A8.

The provisions of FAR 3.11, Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquistion Functions applies to this solicitation and any award made as a result. See 52.203-16, Personal Conflicts of interest.

Section B - Supplies or Services and Prices

General Construction

FFP

General construction to include maintenance, repair, and alteration of real property as well as minor new construction of facilities supported by the 63rd Regional Support Command across California, Nevada, and Arizona.

FOB: Destination

NET AMT

Design-Build

FFP

Contractors will develop project design documentation of facilities supported by the 63rd Regional Support Command across California, Nevada, and Arizona. Upon completion of the design, and upon Government acceptance, construction shall commence and be completed in accordance with the task order requirements.

FOB: Destination

NET AMT

BID SCHEDULE

GENERAL PROVISIONS:

NOTE: Prices are not required in this section. Offeror shall:

(1) Complete the Coefficient Schedule included in this section, AND

(2) Provide the Sample Project Price Schedule in accordance with Attachment 3 – Sample Task Order and Section L of this solicitation.

COEFFICIENT SCHEDULE

The Contractor shall provide S/R/M construction services in accordance with the Scope of Work, specifications, and as may be otherwise noted on individual task orders.

CONTRACT ORDERING PERIOD: 1 MARCH 2013 (OR DATE OF AWARD, THROUGH 28 FEBRUARY 2018

The Contractor shall provide design-build construction services in accordance with the Scope of Work, specifications, and as may be otherwise noted on individual task orders.

CONTRACT ORDERING PERIOD: 1 MARCH 2013 (OR DATE OF AWARD, THROUGH 28 FEBRUARY 2018

Non-Priced Item (NPI) Coefficient

Note: Coefficients shall be carried to no more than three decimal places.

B1.

PROPOSED COEFFICIENTS ARE EFFECTIVE FOR THE ENTIRE CONTRACT ORDERING PERIOD. Coefficients shall be expressed in the form of a unit multiplication factor. For example, the unit price plus a ten percent (10%) increase factor is expressed as “1.100.” Conversely, the unit price plus a ten percent (10%) decrease factor is expressed as “0.900.” The contractor should thoroughly consider all potential costs and future implications before submitting a coefficient less than 1.000 for any item in the Coefficient Schedule.

B1.1 Task orders (TOs) may be competed amongst MATOC holders in accordance with the ordering procedures in the resultant contract. The contractor will not be awarded any projects in any particular order nor is the contractor guaranteed any work above the minimum amount guaranteed in the contract. The contract will be a Multiple Award Task Order Contract.

B1.2 Task Orders shall be priced by using the bare rate of the UPB with the addition of the coefficient. The coefficient will be based upon the rate established in this Base Contract.

B1.3 Coefficients. Coefficient means a numerical factor that represents costs (generally, but not exclusively, indirect costs) not in the Unit Price Book (UPB), e.g., general and administrative costs and other overhead costs, insurance costs, protective clothing, equipment rental, contractor’s profit and other costs.

B1.3.1 The offeror’s Coefficients shall be all inclusive and may include, but not be limited to, the following costs:

· General and Administrative and other Overhead

· Profit and risk

· Social security contributions

· Insurance Costs

· Employee Payroll Taxes

· Insurance and Fringe Benefits

· Subcontractors’ Overhead and Profit

· Mobilization and demobilization costs

· Site cleanup

· Quality control

· Any markups for materials and all contingencies

· Corporate Headquarters support (legal, financial, etc.)

· Waste and excess material

· Sales tax on material and equipment costs

· Compliance with EPA/OSHA regulations and protection and safety laws B1.3.2 The City Cost Index (CCI) shall not be included in the coefficient. The CCI will be added to individual Task Orders depending on the location of the project.

B2.

Unit Price Book (UPB): The UPB for this contract is the most current RS MEANS Facilities Construction Cost Data Book. The unit prices stated in the UPB is for complete and in-place construction unless explicitly described otherwise. The contractor shall assume all risk for labor rate increases after award of the contract, except adjustments based on delays in performance due to Government delay.

B2.1 Labor. Bare costs line items in the UPB contains allowances for the basic hourly rate and fringe benefits, but does not include allowances as required by federal, state, or local law such as workers compensation, unemployment and disability insurance, Social Security, Medicare, etc. No allowance has been made for overtime in the labor rates factored into the UPB. Furthermore, wages for management, supervisory or administrative personnel have not been factored into the labor rates used in the UPB.

B2.1.1 Bare costs are defined as: Material costs, which may include freight, but may not include any other overhead or associated costs by the prime and/or a subcontractor; Labor costs by the prime and/or a subcontractor; and Equipment that is to be used solely as a result of inclusion of the non-prepriced item, by the prime and/or a subcontractor.

B2.2 Material: Material costs factored into the UPB were determined by contacting manufacturers, dealers, distributors, and contractors throughout the United States.

B2.3 Equipment: Equipment costs within the UPB include not only rental costs but also operating cost.

B3.

Non Pre-Priced Item (NPI): For individual task orders, items of work not covered by the RS MEANS, but within the scope and general intent of the contract, may be added by the Contracting Officer. These items may then be incorporated into and made part of the basic contract at the government’s option. For individual task orders, the items shall be provided at the negotiated price, and multiplied by the applicable NPI coefficient listed in the contract schedule. The RS MEANS shall be used to the maximum extent practical. For each task order proposal, NPIs shall be supported by two competitive quotes unless waived by the applicable Contracting Officer. NPI may not exceed 25% of the total dollar value of the task order without the approval of the Contracting Officer. Each situation where NPI items may exceed 25% of the total priced order shall be thoroughly justified by the contractor as part of their proposal, for the requested work.

B4.

WAGE DETERMINATIONS: The Contracting Officer shall incorporate the most current wage determinations for each Request for Task Order Proposal (RTOP) issued. The Contracting Officer shall identify the applicable wage determination(s) to be incorporated into each task order issued. The wage determinations will be effective for the complete period of performance of those task orders without further revision.

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

STATEMENT OF WORK

MATOC CONTRACT

Overview: The primary objective of this indefinite delivery, indefinite quantity (ID/IQ) firm-fixed priced contract is to provide maintenance, repair and rehabilitation work, minor new construction and minor design-build services on an as-needed basis. All work will be at a fair and reasonable price and in a prompt and timely manner. Some work will require both design and construction efforts.

1. General. Work under this contract will be ordered by issuance of individual task orders. Task orders will be in the form of Request for Task Order Proposals (RTOPs). Contractors will compete for work by responding to issued RTOPs. All RTOPs issued for Design/Build task orders will utilized 2 Phase Design/Build procedures. Award of each task order will be based on either price or best value to the government. The contractor shall, upon acceptance of a proposal by the government, furnish all labor, material, equipment, transportation, and supervision to accomplish the required work described in the RTOP. The contractor shall also be responsible for all site visits, investigations, feasibility studies, designs, calculations, work plans, equipment startup and testing and/or repair, warranties, and training, when required. Each contractor may be required to accomplish work on several task orders at one time. It is critical that the contractors diligently execute all work under this contract and meet all project schedules and completion dates.

2. Task Orders Categories. Types of work to be performed under this contract will vary and will fall into one of two task orders categories: construction only and/or design/build. The following types of work will be required:

a. Construction. Contractors will be required to perform a variety of common construction tasks. Work involving all 50 divisions of the Construction Specification Institute (CSI) may be required. Other types of construction expertise may be required on a limited basis and will be identified at the task order level.

b. Design-Build. Contractors will develop project design documentation to include drawings, scope of work, cost estimate broken out by CSI division, and submittal register. Upon completion of the design, and upon Government acceptance, construction shall commence and be completed in accordance with the task order requirements.

3. Codes and Standards. Work to be accomplished under this contract shall conform to all applicable current industry standards and/or nationally recognized publication governing application, performance, quality and safety. Specific standards and publications may be identified, as required, by each task order. The contractor is responsible for ensuring compliance with each standard or publication. The contractor shall utilize the latest issue of the standard or publication as of the date of task order award. All work shall adhere to any and all applicable local, state and federal codes and regulations. All work shall comply with the latest edition of the applicable codes. Whenever a conflict occurs, the most stringent shall apply. When engineering and/or design work is required by the task order, licensed professional engineers, architects, and industrial hygienists shall certify that efforts meet all appropriate codes and standards.

4. Project Locations. The contractor shall accomplish the work under this contract at various 63rd Regional Support Command locations across the western United States. This contract will encompass the states of: California, Nevada, and Arizona.

5. Permits. The contractor is responsible for identifying, obtaining and bearing the cost of all required federal, state, local, or installation permits.

6. Contractor Organization. Contractors must be diversified. Each contractor shall maintain the capability to provide a quick response to all task orders issued throughout the contract period. The contractor shall provide the following for the life of the contract and for each task order:

a. Project Manager. All work shall be accomplished under the direction of the contractor’s project managers. Project managers will be identified, in writing, to the contracting officer prior to commencement of work under each task order. Should there be a need to change project managers during task order performance; the contractor will notify the contracting officer in writing of the change. The project managers shall be experienced in the construction field and shall oversee task accomplishment, administer all instructions, and answer questions from the contracting officer or his/her designated representative. Additionally, the project manager shall be responsible for complete coordination of all work.

b. Quality Control Program. Each contractor shall be responsible for implementing an effective quality control program. The quality control program shall ensure that all work conforms to the task order requirements, whether performed by the contractor, subcontractors or suppliers. Each contractor shall designate a qualified quality control person who shall have the authority to act in all quality control matters for the contractor. This person shall be on-site while work is in progress or shall have a qualified designated alternate to act in his/her absence. The contractor shall be responsible for performing all necessary inspections and tests. Records shall be maintained of all inspections and test performed. These records shall be turned over to the contracting officer or authorized representative at the completion of the respective task order.

c. Product Removal. The contractor shall be responsible for transporting of all debris/disposable waste, in accordance with local, state and federal environmental regulations. If necessary, the contractor will prepare manifests and/or appropriate shipping documents for all items removed for disposal in accordance with 49 CFR 100-185 and 40 CFR 260-265. Transporters must have registered EPA Identification numbers and all waste will be disposed of in approved disposal facilities in accordance with EPA regulations approved to accept identified wastes. All disposal facilities for material and wastes shall be identified in the Work Plan for acceptance prior to removal. Copies of manifests or other disposal documents are required and will be included in the final report. All shipping papers will be prepared for a certified government representative signature. The contractor shall notify the project manager who in-turn will contact an environmental representative from the 63d RSC, 5 working days in advance of any projected shipment needing off-site disposal.

d. Asbestos Abatement: Work will be performed in accordance with, and in most cases exceed, standards set by EPA, OSHA, NIOSH, and AQMD. In particular, the work will comply with EPA, NIOSH and OSHA asbestos worker protection regulations (e.g. 29 CFR OSHA 1926.1101). Asbestos containing materials will be detailed on provided asbestos surveys if available and any other material found during demolition of the project shall adhere to the aforementioned standards and follow the criteria shown in this section as a minimum. An asbestos abatement plan shall be submitted and approved before any work shall be allowed to be scheduled.

e. Solid Waste: IAW EO 13514 A&E shall promote pollution prevention and eliminate waste by following Command Policy to: (ii) diverting at least 50 percent of non-hazardous solid waste, excluding construction and demolition debris, by the end of fiscal year 2015; (iii) diverting at least 50 percent of construction and demolition materials and debris by the end of fiscal year 2015. The 63d RSC is required to comply with Executive Order 13514, Federal Leadership in Environmental, Energy, and Economic Performance, which requires diversion from landfills of 50% of construction and demolition debris by the end of fiscal year 2015. In order to meet this requirement, the 63d RSC must track total weights of materials disposed in, as well as, diverted from landfills. Therefore, Contractor shall be required to report separately weights of C&D materials sent to landfills versus those recycled. Contractor shall endeavor to use recycling as a first option whenever economically feasible

f. Pest Management: Contractor must comply with all applicable aspects of FIFRA and the 63D RSC Integrated Pest Management Plan (IPMP).

7. Environmental Compliance:

a. Contractor shall be knowledgeable of all applicable Federal, state, and local permit/notification requirements inherent in a given individual task order, including permits specific to environmental media (i.e., hazardous wastes, water, air, soil, flora, fauna, etc.), cultural resources, and indoor air quality. The term permit will be broadly defined, to include any such documentation, data, or submission required pursuant to regulatory requirements or guidance. Contractor shall prepare required permits and notifications IAW regulatory agency requirements. Under no circumstance shall Contractor provide such permits and notifications to the regulatory agency or any other organization outside the U.S. Army prior to 63d RSC approval of same. Contractor shall also be responsible for payment of any fees associated with permits and notifications.

b. The parties understand that certain task orders under this effort may require personnel assigned to the project to have specialized training and/or licensing; for example, licensed asbestos workers and supervisors during an asbestos abatement. It shall be the Contractor's duty and expense to ensure that all personnel are properly trained and current with any licensing requirements.

c. Contractor maintain a clean, safe, and orderly work site, free of excessive debris, trash, and construction-generated waste, and adopt acceptable good housekeeping practices and best management practices to prevent any negative impact on adjacent natural habitat and/or public domain.

d. The contractor employees must be adequately trained in the handling and disposal of hazardous waste, in particular, lead paint and asbestos. Hazardous materials must be handled and disposed of appropriately by the contractor. Disposal is at contractor’s expense. The contractor must comply with all local, state, and federal environmental laws, regulations, and policies prior to final approval of work completed. National Environmental Policy Act (NEPA) documents must be completed prior to award of the contract or notice to proceed.

8. Conservation - Work will be performed in accordance with, and in most cases exceed, standards set by USFWS, NMFS, SHPO, ACHP. Impacts to resources will be preceded by notifications in writing to appropriate regulatory agencies and notification to the COR. Any mitigation that must be resolved prior to work will be approved by the Contracting Officer.

9. General Preaward:

a. The Contractor shall visit the work site to verify the site condition. If the Contractor discovers any errors or omissions in the SOW, Plans or Specifications, the Contractor shall immediately call it to the attention of the Contracting Officer (KO) and the Contracting Officer Representative (COR)/Quality Assurance Evaluator (QAE).

b. Where the Specifications and Plans describe portions of the work in general terms, but not in complete detail, it is understood that all work and materials will be of the highest standard using generally accepted industry practices.

c. The Contractor shall not interrupt the service function or disturb the support of any utilities without prior coordination with the QAE. If any utilities are disturbed or damaged, the Contractor shall bear costs of repair and or replacement.

d. The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. This can include stormwater permits, US Army Corps of Engineers permits, state water resources permits, US fish and wildlife permits, etc.

10. General Post-Award:

a. Where any conflict occurs between the requirements of federal, state, and local laws, codes, ordinances, rules and regulations, the most stringent shall govern.

b. The Contractor shall, at all times, keep all premises free from accumulation of waste material and rubbish caused by his work, or his subcontractors. At the completion of work, the Contractor shall thoroughly clean the work site. All debris, rubbish, and waste material shall be removed from the property at the Contractor’s expense and disposed of in an official disposal site.

c. The Contractor shall make no changes or deviate from the approved design of a project without written permission from the KO.

d. Contractor shall warranty all work.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

CLASSIFICATION

E1.

GOVERNMENT INSPECTOR

The Chief of the Engineering and Operations Branch of the 63rd RSC will designate a Government Inspector for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the CONTRACTING OFFICER to commit the Government to changes in the terms of the contract. The Government Inspector is not authorized or required to perform the quality control for the contract.

E2.

FINAL INSPECTION FOR TASK ORDER

(a) The contractor shall request a final inspection in writing to the Administrating Contracting Officer (ACO) when the contractor is near completion of the work called for in the task order. The final inspection will normally be requested five days prior to the completion date or as otherwise negotiated with the Contracting Officer.

(b) Once the contractor has requested a final inspection, the Government will conduct a final inspection. Should discrepancies be noted, the inspection will be considered a pre-final inspection and the contractor will correct the problems prior to final inspection. The ACO reserves the right to decline the contractor’s request for an inspection when it is evident that the contractor is not ready for an inspection.

(c) The final inspection will be performed with representation from Contracting, Engineering and Operations Branch and the contractor (other government personnel may be in attendance). Should discrepancies be noted, the punch list items are to be corrected within the established performance period on the task order and prior to final payment.

Section F - Deliveries or Performance

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 (**as specified in each issued task order) 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 (**as specified in each issued task order). The time stated for completion shall include final cleanup of the premises.

(End of clause)

CLASSIFICATION

F1.

CONTRACT PERIOD

Any contract awarded as a result of offers submitted under this solicitation becomes effective from the date of award for a period of sixty months unless sooner terminated under the terms of the contract.

F2.

DELIVERABLES

Except as specified or directed otherwise, the Contractor shall provide all deliverables, reports, plans, schedules, etc., through the Contracting Officer’s Representative (COR) to the Contracting Officer. All plans, schedules, etc., must be reviewed and approved in writing by the Contracting Officer except as specified otherwise herein or as otherwise delegated by the Contracting Officer.

F3.

TASK ORDERS (CONSTRUCTION)

Performance of construction will be accomplished by the contractor after issuance of task orders against the MATOC. The contractor will be required to perform the work as specified in each task order.

F4.

NOTICE TO PROCEED FOR TASK ORDERS

Notice to Proceed will be issued to the successful contractor upon receipt of acceptable submittals required to work and after approval of the contractor’s performance and payment bonds.

F5.

PERFORMANCE PERIOD

(a) When the notice to proceed for a task order is issued, it will specify a required start date and a completion date. For task orders not requiring a notice to proceed, the contractor may start work at an earlier date and complete at an earlier date than specified provided the contractor gives a written notice to the Contracting Officer at least two (2) working days in advance of desired start date. If an earlier start date is approved by the Contracting Officer, the required completion date will be recomputed.

(b) Work for task orders issued during the last quarter of the fiscal year shall begin before January 1st of the following calendar year. Beginning work is evidenced by:

(1) A visual inspection of the work site which discloses that significant work has been accomplished or that contractor employees are actually engaged in work.

(2) Documentary evidence that costs have been incurred or material has been order for this task order.

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

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

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters (HQ), Army Materiel Command (AMC). The HQ AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the HQ AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.

Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840

Packages sent by FedEx or UPS should be addressed to:

Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840

The AMC-Level Protest procedures are found at: http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp.

If internet access is not available, contact the contracting officer or HQ, AMC to obtain the HQ AMC-Level Protest Procedures.

(End of Clause)

CLAUSES INCORPORATED BY FULL TEXT

WAWF Electronic Invoicing Instructions

Contractor shall submit payment request using the following method(s) as mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office.

____X____ Wide Area Work Flow (WAWF) (see instructions below)

_________ Other (please specify) ________________________________

DFAS POC and Phone: Customer Service @ 1-888-332-7366 _________

WAWF is the preferred method to electronically process vendor request for payment. This application allows DOD vendors to submit and track Invoices and Receipt/Acceptance documents electronically. Contractors using WAWF shall (i) register to use WAWF-RA at https://wawf.eb.mil and (ii) ensure an electronic business point of contact (POC) is designated in the Central Contractor Registration site at http://www.ccr.gov within ten (10) calendar days after award of this contract/order.

WAWF Instructions

Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS) – Indianapolis, Department 3800, 8899 E. 56th Street, Indianapolis, IN 46249-3800 at 1-888-332-7366 or faxed to

1-877-701-5069 (ATTN: Vendor Pay – Indianapolis). Please have your purchase order/contract number ready when calling about payments.

You can easily access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire about the status of your payment.

The following codes and information will be required to assure successful flow of WAWF documents.

TYPE OF DOCUMENT

_____ Invoice as Combo (Supplies)

_____ Invoice as 2-in-1 (Services)

_X___ Construction Invoice

CAGE CODE:

ISSUE BY DODAAC:

W9124J

ADMIN BY DODAAC:

TBD

INSPECT BY DODAAC: W90XCV

ACCEPT BY DODAAC: W90XCV

SHIP TO DODAAC: W90XCV

PAYMENT OFFICE FISCAL STATION CODE:

HQ0105

E-MAIL POINTS OF CONTACT LISTING:

INSPECTOR: [To be cited on individual task orders]

ACCEPTOR: [To be cited on individual task orders]

RECEIVING OFFICE POC: [To be cited on individual task orders]

CONTRACT SPECIALIST: [To be cited on individual task orders]

CONTRACTING OFFICER: [To be cited on individual task orders]

ADDITIONAL CONTACT: [To be cited on individual task orders]

CLASSIFICATION

G1.

CONTRACT ADMINISTRATION

(a) All matters pertaining to Government administration of this contract should be directed to:

Mission and Installation Contracting – Fort Sam Houston

IMCOM Support Division

2205 Infantry Post Road

Fort Sam Houston, TX 78234

(b) Mission and Installation Contracting Command – Contracting Officers are authorized to place task orders against this contract. Any additional authorizations will be issued by unilateral modification.

(c) All matters pertaining to the administration of each task order should be directed to the pertinent Contract Specialist. Each task order may be signed by any Contracting Officer within the Mission and Installation Contracting Command. However, this does not preclude another Contracting Officer within the MICC from signing any documents or attending any meetings in matters pertaining to the task order from the primary Contracting Officer.

G2.

FINAL PAYMENT FOR TASK ORDERS

Before final payment for task orders will be made, all contractors’ payrolls to include their subcontractors, SF 1413 Statement of Acknowledgement for each subcontractor, material submittals, progress reports, daily reports, test reports, as-built drawings, and release of claims must be received by the Government.

G3.

ORDERING OFFICER

An Ordering Officer may be designated with the authority of the Director of Contracting to negotiate task orders against this contract. The authority and limitations placed upon the Ordering Officer will be stated in the appointment letter.

Section H - Special Contract Requirements

CLASSIFICATION

H1.

Scope.

Except as otherwise provided in this contract,

a. The Contractor shall furnish all plant, labor, supervision, equipment, transportation, and materials necessary to accomplish the required work, and

b. The Contract price as stated in the Schedule shall constitute the only compensation for the contractor’s fulfillment of all the requirements of this contract.

H2.

Minimum / Maximum Contract Amounts. The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered in excess of the minimum guarantees specified herein. The minimum guarantee for this contract is $10,000.00. The maximum aggregate amount of the MATOC program, inclusive of all awarded MATOC contracts and task orders, including options, shall not exceed $13,500,000.

H3.

Proposal Guarantee (Bid Bond). Subsequent Task Orders: Individual proposal guarantees (bid bonds) may be required from all offerors competing for award of any subsequent Task Orders. The requirement for a guarantee will be included in the Task Order Request for Proposal. Bid Bonds will only be waived at the discretion of the Contracting Officer.

H4.

Commencement of Work. No work under this contract will commence until such time as the Contracting Officer issues a written Task Order and Notice to Proceed under the Task Order.

H5.

Proposal Preparation Costs. The costs for preparation of Task Order proposals shall be the responsibility of the contractor and not directly reimbursable. Each Task Order awarded will include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs, and any costs associated with any required design effort. The contractor shall furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirements of the Task Order.

H6.

Insurance – Work On A Government Installation (Jan 1997) – Supplemental Information To Far Clause 52.228-5

a. The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

b. Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

c. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

TYPE

AMOUNT

Workers’ Compensation -- The required Workmen’s

Compensation Insurance shall extend to cover employees liability for accidental bodily injury or death and for occupational disease with a minimum liability of

$100,000.00

Comprehensive General Liability with minimum limits of

Per accident or occurrence for bodily injury

$500,000.00

This insurance shall include Contractor’s protective liability and contractual liability.

Comprehensive Automobile Liability

Insurance with minimum limits of

Per Person

$200,000.00

Per Occurrence for Bodily Injury

$500,000.00

Per Occurrence for Property Damage

$ 20,000.00

H7.

Normal Duty Hours. Normal duty hours are 7:30 AM to 4:00 PM, Monday through Friday, except holidays observed by the Government. The Contractor shall submit to the Contracting Officer in writing a notice of any period of scheduled work at times other than normal duty hours. This notice shall be submitted not less than three (3) days prior to each period of work scheduled at times other than normal duty hours

H8.

Government Holidays

The following legal holidays are observed:

· New Year’s Day, January 1st

· Dr. Martin Luther King, Jr. Day, 3rd Monday in January

· Washington’s Day, 3rd Monday in February

· Memorial Day, Last Monday in May

· Independence Day, July 4th

· Labor Day, 1st Monday in September

· Columbus Day, 2nd Monday in October

· Veterans Day, November 11th

· Thanksgiving Day, 4th Thursday in November

· Christmas Day, December 25th

a. The Federal holidays listed above are subject to changes that may be enacted by Congress.

b. When any of the above holidays falls on a Saturday, the preceding Friday will be observed as the legal holiday; holidays falling on a Sunday will be observed on the following Monday.

c. Any work on Saturdays, Sundays, or Federal holidays that is required to maintain construction schedules, shall be performed without additional cost to the Government. The Contractor shall notify the Contracting Officer, in writing, a minimum of two working days in advance when the Contractor anticipates weekend or holiday work. The Contractor shall not schedule weekend or holiday work that requires observation by the Government’s representative(s).

H9.

Government Liability – Equipment on Site

a. The Contractor shall safeguard government equipment that is to remain in place within the area of contract operations to protect it against damage or loss. The Contractor shall store equipment that is removed in performance of work where directed or reused in work as required by drawings and specifications. Equipment temporarily removed shall be protected, cleaned and replaced equal to its condition prior to starting work. Security for equipment or material that is to be reused and is removed for temporary storage shall be the sole responsibility of the Contractor.

b. The Government shall not be liable for any loss or damage to the Contractor’s property or for expenses incidental to such loss or damage unless it is proven that the loss was due to negligence of Government employees acting within the scope of their employment

H10.

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 task order award.

H11.

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.

H12.

Notice Of Constructive Changes. No order, statement or direction of the Contracting Officer, an authorized representative of the Contracting Officer whether or not acting within the limits of his authority, or any other representatives of the Government, shall constitute a change order under the “Changes” clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the Contracting Officer.

H13.

Pre-Design and/or Pre-Construction Conference. Prior to commencing work under a Task Order, the Contractor shall meet with the Contracting Officer and/or designated technical personnel at a mutually agreeable time to discuss and develop mutual understandings concerning schedule and administering work.

H14.

Performance Bonds And Payment Protections

a. Task orders exceeding $150,000.00, FAR clause 52.228-15 is applicable.

b. Task orders exceeding $30,000.00 but less than $150,000.00, FAR clause 52.228-13 is applicable.

c. Within ten (10) days after award of a task order, if required the Contractor shall furnish a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25-A) or an Irrevocable Letter of Credit, each with good and sufficient surety or sureties acceptable to the Government. The penal sums of these bonds shall be as follow:

(1) Performance Bond - When the task order amount is $150,000.00 or more, the penal sum of the performance bond shall equal one hundred percent (100%) of the task order amount.

(2) Payment Bond/Protection - When the task order amount is between $30,000.00 and $150,000.00, the penal sum of the irrevocable letter of credit or payment bond shall equal 100% of the task order amount. When the task order amount is over $150,000.00 the penal sum of the payment bond shall equal 100% of the task order amount.

d. The Government may require additional performance and payment bond protection if the task order amount is increased. The increase in protection generally will equal 100% of the increase in task order amount.

H15.

Performance Period. The period of performance will be cited on each individual task order. The periods of performance on task orders are independent of each other and may run concurrently.

H16.

Statutory Cost Limitations. Some task orders may be subject to statutory cost limits. If so, this limitation will be cited in the applicable task order.

H17.

Performance Evaluations. For any construction task order $650,000 or more ($10k if terminated for default), a contractors performance evaluation will be completed and entered into the Construction Contractor Appraisal Support System (CCASS). At the discretion of the Contracting Officer, a CCASS can be prepared for any lesser amount contract. The evaluation will take into account all aspects of the Contractor’s performance. Performance evaluations may be completed at any time. Contractors will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation. The performance evaluations will have an impact on the award of future task orders.

H18.

Identification Of Government-Furnished Property. Pursuant to the “Government Property” clause, Government furnished property will be specified in each task order, as applicable.

H19.

In-House Performance Plan. In accordance with FAR 52.219-14 – Limitations on Subcontracting, the Contractor is responsible for performing 15% of work using its own employees, not to include the cost of materials. Each task order proposal shall include a plan on accomplishment of the 15% in-house workforce utilization. Final payment requests for individual task orders shall include a certified statement indicating the percentage of work performed by the in-house workforce.

H20.

Bound Unit Price Books. The Contractor shall provide one (1) copy of the most current version of the bound RS MEANS Facilities Construction Cost Data Book (UPB). All bound copies will be provided to the Contracting Officer within 21 days of contract award. The Contractor shall provide one new bound copy of the UPB to the Contracting Officer throughout the life of the contract as they become available from the manufacturer.

H21.

Task Order Ordering Procedures

1) Task Order competition and fair opportunity.

a. 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 the MATOC Contractors for the purpose of providing a price or best value proposal. Individual Task Order awards on those projects may be based on competitive proposals received exclusively from contractors. The right is also reserved to reject any and all offers or to select one contractor to negotiate with after receipt of proposals.

b. All MATOC contractors will be provided a fair opportunity to compete for each project offered under this contract unless one of the statutory exceptions from fair opportunity to compete applies (FAR 16.505(b)(2)). If an exception to fair opportunities is determined the KO will justify the exception IAW FAR 16.505(b) (2) (F) and one MATOC contractor will be selected to receive the RTOP.

2) Requests for task order Proposals (RTOP)

a. When the Government requires work under the MATOC, a RTOP will be issued. 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 (100% design); projects with limited specifications, and projects that may require design-build efforts.

b. The request 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.), bonding requirements, Davis Bacon Wage Determinations, and liquidated damages. Performance and payment bonds shall be required for Task Orders, in accordance with applicable contract clauses. The basis for award of each task order will be stated in the RTOP.

3) RTOP Proposal and Evaluation

a. The MATOC contractor shall within the time specified in the RTOP, provide the KO with an original and copies (as determined in the RTOP) of the proposal. The proposal shall address:

i. The comprehensive technical and management approach to accomplish the work effort.

ii. A detailed cost or pricing proposal in accordance with the instructions set forth in the RTOP and FAR 15.403-5, Table 15-2. The Contractor shall include in the prices for the items listed in the Pricing Schedule all costs for work in the specifications, whether or not specifically listed in the Pricing Schedule. All price proposals must be based on RS Means, and in accordance with the Unit Price Book and in accordance with the coefficient schedule established in the base MATOC proposal. For design-build two phased acquisitions, cost or pricing proposals will be requested in phase-two.

iii. A proposed schedule for completing the task order effort.

b. Upon receipt of proposals the KO and Technical Representatives will review the initial proposals, decide to award without conducting discussions/negotiations, or hold discussions/negotiations with one or more contractors. When discussions/negotiations are conducted, each participating contractor shall be given one opportunity to revise its initial proposal to reflect any changes that result from the discussions/negotiations. The KO will award the task order to the contractor offering the best value to the government, based on either the initial or a revised proposal. Unsuccessful Offerors will be notified.

c. At the conclusion of discussions/negotiations, if requested by the KO, the MATOC contractor shall provide a Certificate or Current Cost or Pricing Data pursuant to FAR 15.403-4 using the format as set forth in FAR 15.406-2, if applicable. The KO will issue a unilateral task order utilizing the DD Form 1155. The contractor shall commence all necessary and required preliminary work to include obtaining permits, bonds, etc. The contractor shall not commence actual pre-construction work at the site until receipt of a written notice to proceed (NTP) is signed by the KO. Prior to issuance of the NTP the government reserves the right to convene a post-award/pre-construction conference at the applicable site. The contractor shall attend any such conference as directed by the COR.

4) RTOP Evaluation Factors for Award.

a. The Contracting Officer, in making decisions on the award of an individual task order, will consider such factors as listed in FAR 16.505 (b)(1). In addition to price, factors on prior Task Orders under the MATOC contract, such as past performance, quality, timeliness, special expertise or other factors the KO determines are relevant to award of a particular Task Order may be considered.