W9124J12R0015_Pre-proposal_Conf_Version_Highlighted_Pages_Only.pdf

NAICS: 236220 - Commercial and Institutional Building Construction, Size Standard: $33.5M The magnitude of this contract if all options are exercised is $30,000,000.

PROJECT TITLE/LOCATION: Sustainment, Restoration, Modernization repair and minor construction for Post Wide Construction Effort - Job Order Contract (JOC), at Fort Hunter Liggett, California.

DESCRIPTION OF WORK: This JOC is for a broad range of Sustainment, Restoration, Maintenance, repair and minor construction w ork on real property. The contract w ill be an Indefinite Delivery/Indefinite Quantity type contract and w ill list a w ide varierty of individual construction tasks. See Statement of Work. The w ork is required in support of the Directorate of Public Works (DPW) activities.

A SITE VISIT IS SCHEDULED AS OUTLINED IN SECTION L, PARAGRAPH L-I A.4

“It has been determined that competition w ill be limited to 8(a) f irms located w ithin the geographical area serviced by the Fresno, San Francisco, and Sacramento SBA District Off ices and other 8(a) construction f irms w ith a bona f ide place of business w ithin the geographical competitive area, and the assigned NAICS code. All other 8(a) SBA Participants are deemed ineligible to submit offers.”

SBA Requirement Number: 0942-12-209529.

SHAWN R. REINHART 210-466-2198

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

21-Sep-2012

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________3 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________23 Oct 2012 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

MICC - FSH

ATTN: MICC - FSH

2205 INFANTRY POST RD

210-466-2158

FORT SAM HOUSTON TX 78234-1361

W9124J

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

04:00 PM (hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

210-466-3055FAX:TEL: 210-466-2158 (DSN 450) TEL: FAX:

W9124J-12-R-0015 128

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W9124J-12-R-0015

Section B - Supplies or Services and Prices

SUPPLIES OR SERVICES AND PRICE

MINIMUMS AND MAXIMUMS

GUARANTEED MINIMUM: There is a Guaranteed Minimum of $250,000.00 for the base year and each option period. A new minimum guarantee will be obligated upon exercise of each option period.

ANNUAL MINUMUM: The total Annual Minimum estimated value is $250,000.00 per year.

ANNUAL MAXIMUM: The total Annual Maximum estimated value is $6,000,000.00 per year.

TOTAL JOC MAXIMUM: The total JOC Maximum Value is $30,000,000.00.

BASE PERIOD: The minimum guarantee shall be met by obligating $250,000 on the basic contract by issuance of a Task Order. If by the end of the contract base ordering period a task order(s) is not issued for a minimum of $250,000, then the Contractor shall submit an invoice for the difference (up to $250,000) to satisfy the minimum guaranteed award amount.

OPTION YEARS: If the Contractor is not issued a task order for an SRM/minor construction project at the time an option is exercised or the issued task order does not amount to the minimum guarantee of $250,000, then the minimum guarantee shall be met by obligating the difference (up to $250,000) by issuance of a task order to satisfy the minimum guaranteed award amount. If by the end of the contract option ordering period task orders are not issued for a minimum of $250,000, then the Contractor shall submit an invoice for the difference (up to $250,000) to satisfy the minimum guaranteed award amount.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Each

BASE PERIOD GUARANTEED MINIMUM

FFP

No price entry required for this CLIN FOB: Destination

MAX

NET AMT

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UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED

JOB ORDER CONTRACT - BASE PERIOD ZONE I

FFP

Zone I - Fort Hunter Liggett, California Furnish all labor, materials, tools, equipment, transportation, and supervision to perform a Job Order Contract (JOC). The JOC is a broad range of sustainment, restoration, modernization, repair and minor construction of buildings, structures or other real property of Fort Hunter Liggett, California Resulting task orders will be negotiated and awarded using the Coefficient Rates established under the following corresponding SubCLINS and multiplied by prices specified in the Unit Price Book. No price entry required for this CLIN.

UNIT UNIT PRICE MAX AMOUNT

0002AA 2,880,000

NORMAL WORKING HOURS - ZONE I

FFP

Coefficient for pre-priced work performed during Normal Working Hours in Zone I - Fort Hunter Liggett, California. Coefficient includes all costs for bonds.

Coefficients shall be carried to two decimal places. The MAX QUANTITY is a dollar estimate of the amount of labor and material necessary to perform the work represented by the respective SubCLIN. The offeror shall apply its coefficient (UNIT PRICE) to the MAX QUANTITY (dollar estimate) to arrive at the MAX AMOUNT and MAX NET AMT. This is for evaluation purposes only. The resulting estimated dollar amount (MAX NET AMT) is a means of providing consistency to the evaluation.

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UNIT UNIT PRICE MAX AMOUNT

0002AB 405,000

OTHER THAN NORMAL WORKING HOURS - ZONE I

FFP

Coefficient for pre-priced work performed during Other Than Normal Working Hours in Zone I - Fort Hunter Liggett, California. Coefficient includes all costs for bonds. Coefficients shall be carried to two decimal places. The MAX QUANTITY is a dollar estimate of the amount of labor and material necessary to perform the work represented by the respective SubCLIN. The offeror shall apply its coefficient (UNIT PRICE) to the MAX QUANTITY (dollar estimate) to arrive at the MAX AMOUNT and MAX NET AMT. This is for evaluation purposes only. The resulting estimated dollar amount (MAX NET AMT) is a means of providing consistency to the evaluation.

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UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED

JOB ORDER CONTRACT - BASE PERIOD ZONE II

FFP

Zone II - Fort Hunter Liggett, California (includes Recreation Area and Ammo Supply Point Complex) Furnish all labor, materials, tools, equipment, transportation, and supervision to perform a Job Order Contract (JOC). The JOC is a broad range of sustainment, restoration, modernization, repair and minor construction of buildings, structures or other real property of Fort Hunter Liggett, California Resulting task orders will be negotiated and awarded using the Coefficient Rates established under the following corresponding SubCLINS and multiplied by prices specified in the Unit Price Book. No price entry required for this CLIN.

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UNIT UNIT PRICE MAX AMOUNT

0003AA 855,000

NORMAL WORKING HOURS - ZONE II

FFP

Coefficient for pre-priced work performed during Normal Working Hours in Zone II - Fort Hunter Liggett, California. Coefficient includes all costs for bonds.

Coefficients shall be carried to two decimal places. The MAX QUANTITY is a dollar estimate of the amount of labor and material necessary to perform the work represented by the respective SubCLIN. The offeror shall apply its coefficient (UNIT PRICE) to the MAX QUANTITY (dollar estimate) to arrive at the MAX AMOUNT and MAX NET AMT. This is for evaluation purposes only. The resulting estimated dollar amount (MAX NET AMT) is a means of providing consistency to the evaluation.

UNIT UNIT PRICE MAX AMOUNT

0003AB 180,000

OTHER THAN NORMAL WORKING HOURS- ZONE II

FFP

Coefficient for pre-priced work performed during Other Than Normal Working Hours in Zone II - Fort Hunter Liggett, California. Coefficient includes all costs for bonds. Coefficients shall be carried to two decimal places. The MAX QUANTITY is a dollar estimate of the amount of labor and material necessary to perform the work represented by the respective SubCLIN. The offeror shall apply its coefficient (UNIT PRICE) to the MAX QUANTITY (dollar estimate) to arrive at the MAX AMOUNT and MAX NET AMT. This is for evaluation purposes only. The resulting estimated dollar amount (MAX NET AMT) is a means of providing consistency to the evaluation.

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UNIT UNIT PRICE MAX AMOUNT

0004 180,000

NON-PRE-PRICED (NPP) - BASE PERIOD

FFP

Non-Pre-priced (NPP)

UNIT UNIT PRICE MAX AMOUNT

1001 1 Each

OPTION 1ST OPTION PERIOD GUARANTEED MINIMUM

FFP

No price entry required for this CLIN

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UNIT UNIT PRICE MAX AMOUNT

4004 180,000

OPTION NON-PRE-PRICED (NPP) - 4TH OPTION PERIOD

FFP

Non-Pre-priced (NPP)

NOTES TO BID SCHEDULE

THIS IS A COMPETITIVE SOLICITATION RESTRICTED TO 8(a) FIRMS LOCATED WITHIN THE

GEOGRAPHICAL AREA SERVICED BY THE FRESNO, SAN FRANCISCO, AND SACRAMENTO SBA

DISTRICT OFFICES.

B.1 OFFER: The offer shall be a coefficient. Offers shall be “Net” (e.g., 1.00) or a percentage “Decrease From” (e.g., 0.95) or “Increase To” (e.g., 1.23) the unit prices listed in the Unit Price Book (UPB). Offerors who submit separate percentage factors for separate line items in the UPB shall be considered unacceptable and the offer will be considered non-responsive. Percentage factors shall not extend beyond two decimal points.

B.1.1 Each Offeror shall submit percentage factors (coefficients) as shown in paragraph B.1.

B.1.2 NORMAL WORKING HOURS: The Contractor shall perform any or all tasks described in the task orders during normal working hours as defined in Section C.1.20 entitled “Work Hours.”

B1.3 OTHER THAN NORMAL WORKING HOURS: The Contractor shall perform any or all tasks described in the task orders during other than normal working hours. Other than normal working hours are hours outside the Normal Work Hours as defined in Section C.1.20. This coefficient shall only be used when the Government requires and approves the Contractor to perform work outside the installation’s normal working hours.

B.1.4 COEFFICIENT: The Offerors coefficient shall contain all costs other than the pre-priced unit prices and shall include, but not be limited to:

1. All costs associated with bonding (specifically bond premiums)

2. All waste and excess material as defined in Section H.13, entitled “Waste and Excess Quantities in the

Completed in-place Construction Quantities”

3. Mobilization and close out for the total contract and each task order

4. Cleanup for the total contract and for each task order, including final cleanup

5. Safety and compliance with environmental laws—costs associated with performing work in compliance with EPA/OSHA regulations, including but not limited to obtaining any necessary licenses and permits, reports requirements

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6. Traffic and work site signs, barriers, and barricades

7. Contractor’s overhead, profit, labor burden, contingencies

8. Insurance

9. Subcontractor overhead and profit

10. Compliance with tax laws including business taxes, contributions, memberships, corporate headquarters support such as legal, financial

11. Permits, licenses, and fees

12. Project management and supervision

13. Protection of and/or moving of Government property

14. Contractor’s quality control

15. Office management and equipment

16. Interest associated with funding of equipment and payroll

17. Depreciation of mobile office(s)

18. CADD and as-built drawings, and submittals

19. Allowance for differences between location-specific Davis-Bacon wage rates and the rates used in the

UPB line items

20. Work-site security

21. UPB costs confidence (to include issues regarding how the cost data are captured and the size/types of projects they reflect)

22. Three (3) network licenses of e4Clicks Professional Project Estimator

23. Three (3) electronic database licenses of the RSMeans Facilities Construction Cost Data

24. Three (3) electronic database licenses of the RSMeans Assemblies Cost Data

25. One (1) hard copy book of the RSMeans Construction Cost Data

26. Risk of lower than expected contract dollar amount

27. Risk of poor subcontractor performance and re-performance

28. Other risks of doing business

29. Operation and maintenance manuals

30. Protective clothing

31. Equipment rental

32. Electricity, water and restroom facilities not readily available at the project site

33. All costs associated with the Subdivisions/Major Classifications identified in paragraph C.4.2.3.5

34. Sales tax on material and equipment costs

All components of price shall be included in the Offerors coefficients as no allowance for an omitted cost will be made later.

B.2 BONDS: PERFORMANCE AND PAYMENT BONDS. Within 10 days after contract award, a Performance Payment Bonds, each with good and sufficient surety or sureties acceptable to the Government, shall be furnished in accordance with FAR clause 52.228-15, Performance and Payment Bonds – Construction, in the penal amounts indicated below:

(1) PERFORMANCE BOND. The penal amount of the performance bond shall be 100 percent of the original contract price.

(2) PAYMENT BOND. The penal amount of the payment bond shall 100 percent of the original contract price.

Any bonds furnished shall be furnished by the Contractor to the Government prior to commencement of task order performance.

NOTE: * For PERFORMANCE AND PAYMENT BONDS, "Bid Price or Contract Price" means the JOC’s annual maximum--$6,000,000. Once the annual maximum has been met, the Contractor shall be required to provide additional bonding in accordance with contract clause 52.228-2 “Additional Bond Security.” The Contractor shall be required to maintain bonds for the estimated annual maximum or the total of all open work orders whichever is greater.

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B.3 PARTIAL AWARD: The Government will not make a partial award under the terms of this solicitation. Each CLIN and SubCLIN shall contain an offer in order to be considered acceptable, other than those CLINs that contain the statement, “No price entry required for this CLIN.”

B.4 OPTIONS: The Government reserves the right to exercise options to extend the basic contract period of the contract for four additional 12-month periods in accordance with FAR Clause 52.217-9 (Option to Extend the Term of the Contract). Annual adjustments for option year pricing shall be accomplished by updating the Unit Price Book (UPB). Coefficients shall NOT be adjusted for any option period.

B.5 ORDERING PERIODS. The term “POP” in Section F-Deliveries or Performance, should be viewed as an ordering period.

(END OF SECTION B)

Section C - Descriptions and Specifications

SECTION C - DESCRIPTION

C.1 SCOPE OF WORK: This is an indefinite delivery/indefinite quantity contract for a broad range of sustainment, restoration, modernization (SRM) and minor construction work on real property at United States Army Garrison (USAG) Fort Hunter Liggett, Monterey County, California, and immediate surrounding areas. Upon receipt of a task order, the Contractor shall provide all work, materials, supplies, parts (including system components), supervision, labor, and equipment, except when specified as Government furnished, for sustainment, restoration, modernization (SRM) and minor construction projects on the installation described in this paragraph. The work shall be performed by the Contractor in accordance with the contract, the Contractor’s proposal, and all applicable federal, state, and local laws, regulations, codes, or directives. Additionally, all work shall comply with applicable DoD, UFC, Army Reserve IT Manual, Army Technical Guide for Installation Information Infrastructure Architecture, and Army Corp of Engineers (USACE) regulations & requirements.

C.1.1 The Contractor’s work and responsibilities shall include all contractor planning, programming, administration, and management necessary to provide all repair, maintenance, or construction and related services as specified in the task order. The Contractor shall ensure that all work provided meets, or exceeds critical reliability rates or tolerances specified or included in applicable documents. The Contractor shall provide related services such as preparing and submitting required reports, performing administrative work, and submitting necessary information as specified under this contract and within individual task orders.

C.1.2 The JOC process using the current RS Means Estimating books as the pricing standard provides common ground between the Government and Contractor to allow a means to negotiate quantities required for construction requirements. This is an indefinite-delivery/indefinite-quantity type contract. The use of negotiated, definitive, bilateral task orders on a fixed-price basis is contemplated. After validation of a requirement, the Government will prepare an Independent Government Estimate (IGE). A description of the proposed scope of work will be presented to the Contractor for preparation of its proposal. This proposal shall subsequently be evaluated and an agreement will be reached through discussions/negotiations, prior to execution of the bilateral task order. Some integral non-pre-priced work may be included in the proposal. Upon finalization of negotiations and issuance of a task order, it is the Government’s intent to have bought a scope of work, i.e., a job rather than the quantities of tasks. However, the scope of work may include any significant quantities, methods of construction and/or quality levels required. Task orders will be issued in accordance with contract clauses FAR 52.216-19, “Order Limitations”, 52.216-22, “Indefinite Quantity” and DFARS 252.216-7006 “Ordering”.

C.1.3 OBJECTIVE: The objective of the JOC contract is to provide a quick, responsive and cost efficient method to accomplish a broad range of sustainment, restoration, modernization (SRM) and minor construction requirements to support the mission of the U.S Army.

C.1.4 PERSONNEL:

C.1.4.1 On-Site Contractor Support: The Contractor shall provide a single on-site project manager who shall have full authority to act for the Contractor. This individual shall be designated in writing (listing name, address, and telephone number) to the KO. The project manager shall be responsible for the overall management and coordination of this contract and shall be the central point of contact with the Government for performance of all work under this contract. Another individual may be designed to act for the project manager. This individual shall also be designated in writing (listing name, address, and telephone number) to the KO. However, at least a one-day advanced written notice of such change shall be provided to the KO.

C.1.4.2 Contractor Personnel: The Contractor shall be responsible for selecting personnel who are well qualified to perform the required work, for supervising techniques used in their work, and for keeping them informed of all improvements, changes, and methods of operations.

C.1.4.3 The Contractor shall have an on-site staff to respond to the requirements set forth in this contract. These personnel shall be available for support throughout the contract period and any option periods.

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C.1.4.4 Trade personnel such as plumbers and electricians shall be licensed in the state of California / or in one of the 50 states.

C.1.4.5 Personnel List: Ten calendar (10) days prior to performance of the first task order, the Contractor shall provide the Contracting Officer his personnel list including a resume for each key individual including, but not limited to: Project Manager; QC Manager; Superintendent; Estimator; etc. Additionally, the Contractor shall provide the Contracting Officer a resume for any newly hired key personnel within five (5) working days of hiring.

C.1.4.6 The Government will not exercise any supervision or control over contractor employees performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for contractor employees.

C.1.4.7 The Contractor shall take appropriate personnel action, as required, in the event employees become involved with civilian or military authorities because of misconduct. The Contractor, his employees, and subcontractor employees are subject to the same general rules of conduct while on the installation that apply to Government civilian employees. The Government reserves the right to refuse installation access to any contractor employee if the Contracting Officer determines it to be in the best interest of the Government. The Contractor shall be fully responsible for the performance and conduct of his employees at all times while on Government property performing under the contract. The Contractor shall not allow any employee to perform work under the contract while under the influence of alcohol, drugs, or any other incapacitating agent. Military police and other law enforcement personnel have the right to deny entry to the Government property or remove from the Government property any contractor employee for misconduct that endangers the health or safety of people or property or for reasons of security. In addition, the Post Commander may bar an individual from entering the post under the authority of 18 U.S.C. 1382.

Removal from post of a contractor employee in accordance with above shall not relieve the Contractor from the requirement to meet all of the terms and conditions of the contract.

C.1.5 TECHNICAL SPECIFICATIONS AND THE UNIT PRICE BOOK. The following documents shall be used in the execution of work under this contract:

C.1.5.1 Fort Hunter Liggett's Job Order Contract Technical Specifications, divisions 1 through 48, Fort Hunter Liggett, CA, dated June 1, 2012. Contract Specifications shall be utilized to the furthest extent possible, however project specific changes may be incorporated and negotiated prior to task order delivery.

C.1.5.1.1 The Technical Specifications are numbered and organized by the latest edition of the Construction Specification Institute's (CSI) master format. Technical Specifications can be found through the Fort Hunter Liggett Web Site: http://www.liggett.army.mil/rss_pao/images/UFGS_COMPLETE.pdf.

C.1.5.1.2 Some Technical Specifications are broad scoped in nature and contain a variety of items. Therefore, they will have several construction task catalog (also known as the unit price book) designators.

C.1.5.1.3 The intent of these Technical Specifications is to furnish concise industrial and/or commercial standards for maintenance and repair, and minor construction of Government facilities. In the absence of specific guidance in the technical provisions, industry and/or commercial standards or local codes as a minimum shall be utilized.

Consult the Contracting Officer before utilizing any variance to industry, commercial standards, or local codes.

C.1.5.2 UNIT PRICE BOOK: The unit price book (UPB), also referred to as Construction Task Catalog (CTC), used for this contract shall be the RSMeans Facilities Construction Cost Data (hereafter referred to as RSMeans UPB or UPB), current at time of award and updated quarterly.

C.1.5.2.1 UNIT PRICES: The RSMeans UPB contains pricing information for the description of work to be accomplished and for the unit of measure specified. The unit prices stated in the RSMeans UPB includes the following: Direct labor through the foreman level at Davis-Bacon wage rates for the area; equipment costs for the region; tools; and materials costs including all incidentals. Incidentals are items such as, but not limited to nails, http://www.liggett.army.mil/rss_pao/images/UFGS_COMPLETE.pdf John.Winnie Highlight

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C.1.15 CONTRACTOR PHASE-IN PLAN: Within 30 calendar days after contract award, the Contractor shall have all critical staff members available and be fully operational and capable of starting work on any required task order.

The Contractor shall develop and submit to the Contracting Officer a contract phase-in plan within 10 calendar days of notification of contract award. The plan shall include the schedule date(s) for:

(1) Submission of documents required by the contract including: bonds and insurance; ID sample badge for contractor employees; employee resumes; QC Plan; Safety Plan; Contractor’s Daily QC Report sample;

Warranty Tag sample; and sample format for the Warranty List.

(2) Providing Contractor-furnished equipment.

(3) Mobilization to the on-site office space including utility hookups.

(4) Mobilization to the Contractor’s yard including utility hookups provided that utilities are available.

C.1.16 CONTRACT PHASE-OUT PLAN: The Contractor shall develop and submit to the Contracting Officer a contract phase-out plan 90 calendar days prior to the expiration of the contract, including option periods. The plan shall fully describe how the Contractor will approach the following issues:

(1) Completion of on-going projects including projects that will not be completed prior to the contract expiration date;

(2) Warranty procedures to be followed by the Government after the Contractor is no longer on site;

(3) Removal of Contractor-furnished trailers including clean-up and restoration of Government land; and

(4) Clean-up and turn-in of Contractor’s storage yard.

C.1.17 SAFETY ASSURANCE:

C.1.17.1 Preconstruction Safety Meeting: Representatives of the Contractor shall meet with the Contracting Officer and his/her authorized representative(s) prior to the start of each task order for the purpose of reviewing the Contractor's safety and health programs and discussing implementation of all safety and health provisions pertinent to the work to be performed under the contract. The Contractor shall be prepared to discuss in detail the measures he/she intends to take in order to control any unsafe or unhealthy conditions associated with the work to be performed under the contract. This meeting may be held in conjunction with the preconstruction conference, if so directed by the Contracting Officer or his/her designated representative. The conduct of this meeting is not contingent upon a general preconstruction meeting. The level of detail for the safety meeting is dependent upon the nature of the work and the potential inherent hazards. The Contractor's principal on-site representative(s) the general superintendent and his/her safety representative(s) shall attend this meeting. A dated sign-in sheet with subjects discussed shall be forwarded by the Contractor to the Contracting Officer.

C.1.17.2 Compliance With Regulations: All work including the handling of hazardous material or the disturbance or dismantling of structures containing hazardous material shall comply with the applicable requirements of 29 CFR 1926/1910. Work involving the disturbance or dismantling of asbestos or asbestos-containing materials, the demolition of structures containing asbestos; and/or the disposal and removal of asbestos shall also comply with the requirements of 40 CFR, Part 61, Subparts A and B, ETL 1110-1-118 and DA Circular 40-83-4. All work shall comply with applicable state and municipal safety and health requirements. Where there is a conflict between applicable regulations the most stringent shall apply.

C.1.17.3 Contractor Responsibility: The Contractor assumes all responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work and shall hold the Government harmless for any action on his part or that of his employees or subcontractors, which results in illness, injury, or death. Contractors are required to report timely, any accident or injury to the installation Safety Division. Army Regulation (AR) 385-40 requires that accidents and injuries be reported within seven (7) calendar days to the US Army Safety Center. A copy of Workman's Compensation Reports or information provided telephonically to the Safety Office (831)-386-2790/2105 bldg. 286 will suffice with notification to the COR.

C.1.17.4 Inspections, Tests, and Reports: The required inspections, tests, and reports made by the Contractor, subcontractors, specifically trained technicians, equipment manufacturers, and others as required by a task order shall be furnished in accordance with the terms of the task order. Contractor shall request on-site inspection from the COR, before the backfill of any trenches, pouring of concrete and utility tie-ins.

C.1.17.5 Materials and Equipment: Special facilities devices equipment, clothing, and similar items used by the Contractor in the execution of work shall comply with the applicable regulations.

C.1.18 FIRE PREVENTION AND PROTECTION: The Contractor shall obtain a written hot work permit from the installation Fire Marshal Bldg. 120, (831) 386-3618/3612 for use of open f1ame devices such as blowtorches, portable furnaces, tar kettles, or gas and electric welding and cutting equipment for each task order. The Contractor shall be liable for any fire loss to Government property caused by negligence or willful misconduct on the part of the Contractor including failure to comply with fire prevention measures prescribed by terms of this contract.

C.1.19 FEDERAL GOVERNMENT HOLIDAYS:

The following legal holidays are observed:

New Year's Day January 1st Martin Luther King Jr. Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Columbus Day Second Monday in October Veteran's Day November 11th Thanksgiving Day Fourth Thursday in November Christmas December 25th Any other Congressional or Presidential imposed Federal Holiday

When one of the above holidays falls on a Sunday, the following Monday shall be observed as a legal holiday. When the holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government agencies.

C.1.20 WORK HOURS:

C.1.20.1 Normal work hours are from 7:00 a.m. through 4:30 p.m., Monday through Friday. The exclusion of work on Saturday, Sunday, and holidays will be considered in negotiating Task Order performance time.

C.1.20.2 Notwithstanding the provisions of the Contract Work Hours and Safety Standards Act - Overtime Compensation Clause herein, work will not be permitted outside normal work hours, nor on Saturdays, Sundays, or legal holidays unless approved by the Contracting Officer.

C.1.20.3 When the Government does not require the Contractor to perform during other than normal working hours, the Contractor will not be compensated for overtime.

C.2 DEFINITIONS AND ABBREVIATIONS:

C.2.1 DEFINITIONS: These definitions are provided as guidance for the Contractor, and shall serve as the governing interpretation when this language appears within the body of this contract.

C.2.1.1 BEST MANAGEMENT PRACTICES (BMPs): Site specific methods used to prevent migration of soil off of a construction site via storm-water runoff.

C.2.1.2 BARE COSTS:

C.2.1.2.1 Material costs, which may include freight but may not include any overhead or associated costs whether by the prime or a subcontractor, or both;

C.2.1.2.2 Labor costs, which may include associated payroll taxes such as FICA, FUTA, SUI, but excludes vacation, sick leave, or any labor overheads, whether by the prime or a subcontractor, or both;

C.2.1.2.3 Equipment that is to be used solely as a result of the inclusion of the non-pre-priced item, whether by the prime or a subcontractor, or both.

C.2.1.3 BONA FIDE PLACE OF BUSINESS: For the purposes of 8(a) construction procurements, “bona fide place of business” means a location where a Participant regularly maintains an office that employs at least one full-time individual within the appropriate geographical boundary. The term does not include construction trailers or other temporary construction sites. (13 CFR 124.3) A Participant’s principal place of business is always a bona fide place of business for purposes of 8(a) construction requirements. A Participant may have bona fide places of business in more than one location. Further clarification can be obtained from a Small Business Administration Office.

C.2.1.3.1 “Regularly maintains an office,” means a Participant conducts business activities as an on-going business concern from a fixed location on a daily basis. The best evidence of the regular maintenance of an office is documentation that shows that third parties transact business with a Participant at a location within a particular geographical area. Such evidence includes advertisements, bills, correspondence, lease agreements, land records, and evidence that the Participant has complied with all local requirements concerning registering, licensing, or filing with the State or County where the place of business is located. For example, a lease agreement alone, without more, does not establish the regular maintenance of an office. Further, it is our view that a Participant does not have a bona fide place of business in a particular location if it does not have the licenses, registrations, tax receipts, telephone bills, and filings commensurate with regularly maintaining an office at that location.

C.2.1.3.2 “Full-time individual” means an individual who conducts the business activities of the Participant during normal business hours. The individual may not work for any person or entity other than for the Participant during normal business hours. The term does not include independent contractors. The best evidence of the employment of a full-time individual is employment agreements, payroll records, tax documentation, and employee benefit documentation.

C.2.1.3.3 SBA Determination of Bona Fide Place Of Business In a Designated Geographical Area:

C.2.1.3.3.1 At any time, a servicing District Office may submit documentation on behalf of a Participant to another District Office in an effort to establish that the Participant has a bona fide place of business within that District Office’s geographical area. However, in order to apply for a specific competitive solicitation, such documentation must be submitted at least 15 working days before initial offers that include price are due. Within 10 working days of receipt of submission, the District Office will conduct a site visit, if practicable, and within five (5) working days of a site visit, it will make a determination whether the Participant has a bona fide place of business in its geographical area.

C.2.1.3.3.2 If a Participant has established that it has a bona fide place of business, then the District Office will issue a letter to the participant informing the Participant of this determination. The letter will also state that the Participant

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C.2.1.9 ELIGIBILITY DETERMINATION BY SBA: The District Office that services the apparent successful offeror or the nominated Participant makes eligibility determinations. 13 CFR 124.507(b). Eligibility includes bona fide place of business status for purposes of competitive constructions requirements, and a District Office making an eligibility determination must rely on the bona fide place of business status determination made by the appropriate District Office. For competitive construction requirements, SBA will determine a Participant’s eligibility as of the date of a Participant’s initial offer, which includes price, and will make an eligibility determination within five (5) working days of a procuring activity’s request for an eligibility determination.13 CFR 124.507(b).

C.2.1.10 FORMS: Unless otherwise stated herein, the Government shall provide the Contractor with digital copies of the following forms: DD Form 1354 “Transfer of Real Property” (RFP Attachment 2), ENG From 4025-R “Submittals of Shop Drawings” (RFP Attachment 3), ENG Form 4026 “Routing of Shop Drawings” (RFP Attachment 4), ENG Form 93 “Payment Estimate – Contract Performance” (RFP Attachment 5), and ENG Form 93A “Payment Estimate – Contract Performance (Continuation)” (RFP Attachment 6). The Contractor shall also be given shop drawings as required to precede work and As-built drawings and technical specifications as required.

C.2.1.11 MODERNIZATION: To alter facilities solely to implement new or higher standards, accommodate new functions, or replace building components that typically last more than 50 years. Improve facilities to better than originally intended, including increased size.

C.2.1.12 PROJECT MANAGER-CONTRACTOR: The on-site individual who shall have full authority to act for the Contractor.

C.2.1.13 PROJECT MANAGER-DPW: The DPW’S PM is DPW’s liaison between the DPW Project Engineers, Contracting Officer’s Representative, the Contractor and the customer. This includes technical expert responsible for defining the construction project requirements but not limited to: preparing scopes of work, drawings and/or sketches; coordinating the requirement with interested activities and agencies such as Provost Marshall, Fire and Emergency Services, Law Enforcement, Safety, Directorate of Public Works, Preventive Medicine; preparing the independent Government estimate (IGE); evaluating Contractor proposals; assisting in negotiations; reviewing and accepting submittal requirements; reviewing and concurring with the construction schedule; and recommending changes. This individual has substantial face-to-face contact with the Contractor who may feel that this person has a great degree of authority. The individual has no contracting authority and is not authorized to make changes affecting cost or completion dates of the contract or individual task orders.

C.2.1.14 QUALITY CONTROL MANAGER: The Contractor’s individual who shall be responsible for overall management of the quality control (QC) program and have full authority to act in all QC matters.

C.2.1.15 RESTORATION: Repair or replacement to restore facilities damaged by lack of sustainment, excessive age or natural disaster.

C.2.1.16 SIMILAR IN NATURE: Similar in Nature means similar in nature to the scope of work in Section C of this solicitation. It includes JOC (Job Order Contract), SABER (Simplified Acquisition of Base Engineer Requirements), or IDIQ (Indefinite Delivery/Indefinite Quantity) type contracts against which the Contractor receives multiple projects for general construction and or repairs, and must manage the projects simultaneously at different locations.

C.2.1.17 SUSTAINMENT: The maintenance and repair to keep facilities in good working order and to prevent further deterioration.

C.2.1.18 WORK SITE: The location stated on each task order.

C.2.1.19 ZONES:

C.2.1.19.1 Zone I: Zone I is all of Fort Hunter Liggett, CA that is inside the cantonment fence line.

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C.2.1.19.2 Zone II: Zone II is all of Fort Hunter Liggett, CA that is outside the cantonment fence line, which includes the Recreation Area and the Ammo Supply Point Complex, all the way to the installation boundary (the remainder of the Fort Hunter Liggett, CA installation)

C.2.2 ABBREVIATIONS: All abbreviations shall adhere to the latest addition of RSMeans

C.2.2.1 BF: board feet

C.2.2.2 CF: cubic feet

C.2.2.3 CSF: 100 square feet

C.2.2.4 CY: cubic yard

C.2.2.5 DU: dwelling unit

C.2.2.6 EA: each

C.2.2.7 HLF: horizontal linear feet

C.2.2.8 LF: linear feet

C.2.2.9 LFC: linear feet of cabinet measured at face

C.2.2.10 LFCT: linear feet of countertop measured at wall

C.2.2.11 LFS: linear feet of shelving

C.2.2.12 OPNG: door or window opening

C.2.2.13 PR: pair

C.2.2.14 SF: square feet

C.2.2.15 SO: 100 square feet

C.2.2.16 SY: square yard

C.2.2.17 UI: united inches - the length of one horizontal plus one vertical edge of a door or window

C.2.2.18 UPB: unit price book

C.2.2.19 VLF: vertical linear feet

C.4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

C.4.1 The Contractor, at its expense, shall be responsible for the installation and removal of temporary services and meters in a manner satisfactory to the Contracting Officer.

C.4.2 UNIT PRICE BOOK AND SOFTWARE REQUIREMENTS:

C.4.2.1 The Contractor shall provide the following copies of books, software and electronic databases for the Government’s use, during the life of this contract.

C.4.2.1.1 Provide three (3) network licenses of e4Clicks Premier Project Estimator

C.4.2.1.2 Provide three (3) electronic database licenses each of the RSMeans Construction Cost Data, and the RSMeans Assemblies Cost Data.

C.4.2.1.3 One (1) hard copy book of the RSMeans Construction Cost Data

C.4.2.2 COST ESTIMATING SOFTWARE REQUIREMENTS: The Contractor shall purchase, install, and maintain three (3) copies of e4Clicks Premier Project Estimator (e4Clicks) software (or an approved equally, fully compatible brand) for the Government; these copies shall remain the property of the Government.

C.4.2.2.1 Estimating Software Characteristics: The estimating and project management software package shall be Windows-based software and shall be able to import and export estimates and projects electronically in a secured estimate file format. It shall be able to track projects by contract, contract year, estimator, customer and/or project location. It shall support project management tracking of project milestones, project costs, locations, contacts, and project notes. It shall provide a means for document management, whereas the user can setup template documents, point and click to create new, project specific documents using the current project details. The software shall be able to import the Contractor’s estimate, complete an electronic comparison and technical evaluation showing the government’s pre negotiation strategy, as well as producing the Contractors revised estimate report to show the post negotiation changes made from the initial estimate to the final accepted estimate. The software shall be capable of handling multiple coefficients and Contractors markups within a project. The database shall contain all of the line items found in the RSMeans bound volumes. All RSMeans databases shall be protected from being changed by any user. The software shall support all of the City Cost Index provided by RSMeans annually and quarterly in addition to supporting Division Level Material/Installation, Division Level Weighted Average, Weighted Average Material/Installation and Weighted Average Totaling for Bare Cost pricing and O&P unit pricing. The RSMeans data shall be provided in both book description and full character descriptions. The software shall support estimate line item notes and takeoff both manually and via electronic drawings. The software shall be able to export to Microsoft Excel™ and Adobe PDF™ file types as well as create electronic DOD Form 1354 Real Property documents. The Contractor shall purchase all annual maintenance plans and upgrades and make them available as soon as they are ready for the life of the contract.

C.4.2.2.2 The Contractor shall purchase, maintain, and use the latest version of e4Clicks Premier Project Estimator (or an approved equally, fully compatible brand). The Contractor shall use e4Clicks software to estimate and submit all of their estimates, both electronically and on paper. The Contractor shall be responsible for deciding the number of copies of the software that they will need to support its contract requirements.

C.4.2.2.3 Information on this software and pricing can be obtained by emailing sales@4clicks.com; let them know this is for the Fort Hunter Liggett JOC contract.

C.4.2.2.4 The Contractor shall interface/schedule with Network Enterprise Command (NEC) prior to any updates being applied on government computers or server. The Contractor shall have all software fully operational within twenty-one (21) calendar days of contract award. After the software is successfully installed, the Contractor shall provide a toll-free number that the Government shall use for over-the-phone software support.

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C.4.2.2.5 The Contractor shall provide the most current version of the software program and databases which includes annual updates to the software and quarterly updates to the RSMeans UPB database, as they become available from 4Clicks, for the life of the contract. The Contractor and the Government shall both have the most current version of the software and databases at all times.

C.4.2.2.6 The Contractor shall provide annual training for Government personnel on the e4Clicks software and RSMeans estimating for Job Order Contracts. This training shall take place at Fort Hunter Liggett during the initial start up of the contract. The Contractor shall also provide additional training sessions per year for each subsequent option period that is exercised. Training shall be conducted at or near Fort Hunter Liggett, with approval of the Contracting Officer. All training classes shall be completed within the first 30 calendar days of the award and exercise of the option years or as coordinated with the Contracting Officer.

C.4.2.3 PREPRICED UNIT PRICE BOOK:

C.4.2.3.1 UNIT PRICE BOOK: The UPB for this contract shall consist of the most current RSMeans Facilities Construction Cost Data. This guide shall be provided by the Contractor to the Government in hard copy and electronic format to be used by the cost estimating software (e4clicks). All costs used from the databases shall be bare costs.

C.4.2.3.2 The RSMeans Facilities Construction Cost Data and the RSMeans Assemblies Cost Data shall be updated quarterly.

C.4.2.3.3 Price adjustments for each option under this contract shall be made by using the latest version of the RSMeans Facilities Construction Cost Data.

C.4.2.3.4 All electronic databases, and software licenses shall be provided by the Contractor to the Government, and will remain the property of the Government.

C.4.2.3.5 The following Subdivisions/Major Classifications, as contained in any of the RSMeans bound or electronic databases shall NOT be used as line items in pricing task orders issued under this contract. All costs associated with the following Subdivisions/Major Classifications shall be covered in the Contractor’s coefficients:

C.4.2.3.5.1 Subdivision 01-11 – Summary of Work, excluded in its entirety.

C.4.2.3.5.2 Subdivision 01-21 – Allowances, excluded in its entirety.

C.4.2.3.5.3 Subdivision 01-31 – Project Management and Coordination, excluded in its entirety.

C.4.2.3.5.4 Subdivision 01-32 – Construction Progress Documentation, excluded in its entirety.

C.4.2.3.5.5 Subdivision 01-41 – Regulatory Requirements, excluded in its entirety.

C.4.2.3.5.6 Subdivision 01-51 – Temporary Utilities, excluded in its entirety.

C.4.2.3.5.7 Subdivision 01-52 – Construction Facilities, excluded in its entirety.

C.4.2.3.5.8 Subdivision 01-54-09 – Protection Equipment, excluded in its entirety.

C.4.2.3.5.9 Subdivision 01-54-39 – Construction Equipment, excluded in its entirety.

C.4.2.4 UNIT PRICE BOOK DEFINITIONS:

C.4.2.4.1 Unit Price Book (UPB): The list and price information for all pre-priced items covered in this contract.

The UPB shall include the base cost pricing from the RSMeans Facilities Construction Cost Data. The UPB shall

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C.4.2.9 Certain line items located in the RSMeans UPB contain prices with a “Minimum labor/equipment charge.”

This minimum charge is often the price a tradesman would charge to make a special visit to perform that work. If the Contractor is already on-site, and the minimum is met, then this item shall not be used as an adjustment to the Unit Price line items.

C.4.2.10 All line item prices assume the installation of the material under normal working conditions. This includes working from scaffolding when appropriate. In other words, the productivity for brick veneer is based upon working not only from the ground, but also from working on scaffolding. Therefore, unless the division has specific height exceptions, no allowance or change to the unit price is required for working at different heights. The cost to rent and erect the scaffolding is required. All scaffolding line items are based upon a one month rental of the scaffolding.

Scaffolding is measured by the square foot of face area where the work is being performed (working height in feet multiplied by the length…