W9124L-16-R-0001-00002-Amendment.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

MATOC

See continuation sheet for details.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 34

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 02-Sep-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9124L-16-R-0001

X 9B. DATED (SEE ITEM 11)

21-Jul-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

02-Sep-2016

CODE

MICC - FORT SILL

1803 NW MACOMB ROAD

FORT SILL OK 73503 4433

W9124L 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9124L-16-R-0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

1. The purpose of this amendment is to amend the solicitation described herein to revise the following documents to incorporate the Government responses provided to the questions submitted for this solicitation. Government responses have been addressed and uploaded into FedBizOps.

2. Attachment 6-Sample Task Order (STO) Statement of Work (SOW)-Section 01 11

3. Attachment 7- STO-Drawings- drawing sheet numbers- 3-AD100, 4-AD110, 7-

AD131, 10-AD160, 12-AD401, 19-A150, 20-A160, 21-A161, 34-PD104, 44-PP104, 63-

P601, 66-M421, 67-M431, 68-M501, 71-ED121, 72-ED131, 73-E101, 75-E121, 76-

E131, 77-E701.

4. Attachment 8- Contractor’s-Price-Schedule-Worksheet.

5. Attachment 11-Is no longer applicable for the solicitation, and has been marked “Reserved”.

6. Base Specifications-Sections 01 00 00-General Requirements, 01 32 00 Project Schedule, 01 32 23 Survey Layout and Data, 01 33 00 Submittal Procedures, 01 35 26 Government Safety Requirements, 01 35 29 Health, Safety and Emergency Reponses Procedures, 01 42 00 Referenced Specifications, 01 45 00 QC for Minor Construction, 01 70 00 Contract Closeout, 01 78 00 Closeout Submittals, 07 90 01 Pipe Wall Penetration Joint Seal.

7. Section H- Special Contract Requirements-paragraph H10-Fair Opportunity has been revised.

8. Section L- Proposal Preparation Instructions. Changes have been identified in red font.

9. Section M- Evaluation Factors for Award. Changes have been identified in red font.

10. Federal Acquisition Regulation (FAR) clause 52.228-1 Bid Guarantee has been revised.

11. FAR clause 52.236-25- Requirements for Registration of Designers has been added to the solicitation.

12. The offer response due date/time stated in block 13 remains 02:00 21 Sep 2016.

13. Except as provided herein, all terms and conditions of the solicitation remain unchanged and in full force and effect.

14. Contracting Officer: Pauline K. Abraham Pauline.k.abraham.civ@mail.mil 580-442-3904

SUMMARY OF CHANGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

REQUIREMENTS

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.236-25 Requirements for Registration of Designers JUN 2003

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be __20%______ percent of the bid price.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

ORDERING PROCEDURES

H1. Overview: These instructions provide information for using the Multiple Award Task Order Contract (MATOC) contractual vehicle. These instructions also provide guidance for obtaining decentralized ordering authority and outlines procedures and process flows for identifying sustainment, restoration and modernization (SRM) projects at installation level through Task order (TO) awards. This MATOC is for a broad range of maintenance, repair and minor construction work on real property at Fort Sill, Oklahoma. The work is required in support of Directorate of Public Work (DPW). The contract will be an indefinite quantity type contract and will list a wide variety of individual constructions tasks. During the contract period DPW will identify projects with varied construction tasks. Individual task orders will vary in size and trades from all construction disciplines including, but not limited to, demolition, asbestos and lead based paint abatement, masonry, carpentry, sheet metal, welding, roofing, flooring, finishing, painting, plumbing, heating and air conditioning, paving, and interior/exterior electrical work. The MATOC terms are identified and explained to ease the ordering process.

H2 Authority to Place TOs: The MICC-Fort Sill has authority to award and administer task orders under this procurement. Any additional authorizations will be issued by a unilateral modification.

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

Mission and Installation Contracting Command Installation Contracting Office – Fort Sill 1803 Macomb Road Fort Sill, OK 73503-4433 Telephone Number (580) 442-3904 Facsimile Number (580) 442-8014

The Contracting Officer will appoint a Contracting Officer Representative (COR) that the Chief of the Engineering will designate as a Government Inspector for the purpose of technical surveillance of workmanship and inspection of materials for work being performed for this contract and resulting task orders. This provision in no way authorizes anyone other than the Contracting Officer to commit the government to changes in the terms of the contract. (FAR Clause 52.246-12). The Government Inspector is not authorized or required to perform the quality control for the contract.

H3 Ordering Period: Ordering period consists of one (1) Five (5) year ordering period (effective from the date of award or November 13, 2016, whichever is later). Performance under task orders may extend beyond the ordering period above. However, a task order may not have a period of performance that extends beyond 10 years from the date of award of the basic contract.

H4 Construction Wage Requirements Statute Wage Determination: The Wage Determinations will be updated annually on the anniversary date of the contract and will be utilized for all task orders issued during that ordering period in accordance with FAR 22.404-12. Once incorporated in a task order, the WD is good for the life of the individual task order even after the start of a new ordering period containing a more current WD. For the application of the Construction Wage Rates and fringe benefits contained in the Decisions of the Secretary of Labor, all work required within five feet outside the residential building lines shall be considered residential construction.

Work involving construction, alteration or repair (also renovation and modernization) of barracks, hospitals, office buildings, administration and service building, training facilities, motor pools, warehouses and recreational buildings and facilities, as well as work required within five feet outside the building lines, shall be considered building construction. Highway construction rates apply to the construction, alteration or repair of sidewalks, roads, streets, highway, runways, taxiways, alleys, trails, paths, parking areas, and other similar, non-building projects. The Construction Wage Rate Requirements Statute applies to all work performed under this contract and resulting task orders. See Attachments 2, 3, 4 and 5.

MINIMUM WAGE: In some cases, the wage determination may contain wage rates set below the Fair Labor Standard Act (FLSA) or the Wage Rate Requirements minimum rate. Under no circumstances do these DOL wage determinations authorize Contractors to pay employees at less than the statutory minimum wage. (FAR Clause 52.222-55)

H5 Task Order Limits: Task orders will have an estimated minimum value of $2,000.00 and not exceed the amount of SRM authority delegated to the installation by HQDA ($1M for new construction as long as the work does not create a new facility and $5M for Maintenance & Repair with Repair/Replace less than 75%).

H6 Task Orders: Performance of construction will be accomplished by the contractor after issuance of task orders against the Indefinite Delivery-Indefinite Quantity Contract. The contractor is not required to accept any task order during any period which would cause the maximum amount stated in the basic contract to be exceeded (Reference Contract Clause 52.216-19 entitled “Order-Limitations”). The contractor shall be required to perform the work as specified in each task order.

H7 Funds: Funds for the task orders will be obligated at the task order level. All task orders will be Firm Fixed Price.

H8 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.

H9 Bona Fide Need: Defense Financial Management Regulation requires that work obligated late in the FY by funds in the current fiscal year must have a performance start date within 90 days of contract award, even if this performance start date occurs during the first quarter (Q1) in the following FY. For example, if a task order is awarded on 15 September with funds from the FY, performance must commence and invoices must be submitted by 14 December of the new FY to be a bona fide need of the FY that ended 30 September. Commencement can be physical on-site work or documented evidence that costs have been incurred or materials have been ordered. The key to defining and identifying performance of work is to include the elements of the work on a progress schedule that will serve as the means of allocating a percentage of work performed and invoiced. It is anticipated that the notice to proceed or task order will be issued in sufficient time to comply with this regulation. However, the Contractor shall not commence work until after the date of receipt of the notice to proceed or task order.

H10 Fair Opportunity: All eligible MATOC contractors will be provided a fair opportunity to compete for each project/task order in excess of $2,000.00 offered under this contract unless one of the following statutory exceptions apply:

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

2. Only one of the MATOC contractors is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized;

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

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

5. In accordance with section 1331 of Public Law 111-240 (15 U.S.C.644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply. The contract reserves the right to direct task orders to HUBZONE, WOSB or SDVOSB fair opportunity competitions.

H11 Request for Proposal: When the Government requires work to be performed, a Request for Task Order Proposal (RTOP) will be issued. The RTOP will include as applicable:

a. The requirement (specifications, drawing, etc)

b. The task/function area

c. Instructions for completing submission in response to the request

d. Additional clauses/provisions unique to the TO

e. Site visit date/time

f. Commencement, Prosecution and Completion of Work

g. The order placement procedures defining the method in which the TO award will be made

h. The basis of award that will be used to select a Contractor, as well as criteria that will form the award decision

i. Liquidated damage amount

j. Bonding requirement

k. Construction Wage Rate Requirements

l. Environmental reports if applicable

m. Project Magnitude

n. Contractor Manpower Reporting

H12 Proposal Preparation Pricing: Each TO shall be priced individually. The cost for preparation of task order proposals shall be the responsibility of the Contractor and not directly reimbursable. The Contractor shall furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, and supervision. The Government’s payment for the items listed in the pricing schedule of individual task orders, whether or not specifically listed in the pricing schedule, will constitute full compensation to the Contractor for (1) Furnishing all plant, supervision, labor, equipment, services, transportation, appliances, tools, materials and incidental charges; and

(2) Performing all operations required to complete the work in conformity with the drawings and specifications and other requirements of the task order.

H13 Identification of Government-Furnished Property: Pursuant to the “Government Property” clause, Government furnished property will be specified in each task order, as applicable.

H14 Question and Answer (Q&A) Site Visit: The Government will schedule a site visit for each task order. All awardees are urged and expected to inspect the site where work will be performed. Contractors will be given adequate time to review the specifications, including applicable drawings, for each task order, prior to inspecting the job site. Any deficiencies, conflicts, or other areas of concern existing in the specifications and applicable drawings should be brought to the attention of the Contracting Officer, in writing. The contractor shall also notify the Contracting Officer, in writing, upon observing any features in the SOW and Specs that appear to be ambiguous, confusing, conflicting, or erroneous. Failure to attend a site visit may not be used as an excuse for omission or miscalculation in proposals, and may be taken into consideration in determining a Contractor’s eligibility to participate in future task orders. The Contractor will not be reimbursed for proposal preparation, attendance during discussions, site visits, walk-through or other pre-task order costs.

H15 Contractor’s Proposal: Submission of an offer is not mandatory; however, awardees shall furnish a “No Proposal/Offer” response including a brief statement as to the reasons why they chose not to respond.

Contract holders are expected, in good faith, to participate in the task order competitions, and if successful, to deliver quality projects on time and on cost, to include management and supervision of subcontractors. Contractors shall respond by submitting a proposal to the Contracting Officer in accordance with requirements of the RTOP by the due date and time stated. The proposal shall include all charges the contractor intends to recover in connection with the completion of work on the proposed task order, whether or not specifically listed in the Pricing Schedule.

The Government reserves the right to reject any or all proposals received.

The Government may request and the Contractor shall provide a cost breakdown on individual task orders to establish price reasonableness.

H16 Proposal Evaluation: Award will be made to the responsible contractor whose offer, conforming to the terms and conditions of the task order and contract will be most advantageous to the Government, considering price and past performance; which includes factors such as quality, timeliness, and cost control on previous task orders issued under this contract.

Contractors that fail to meet the quality requirements of the contract or have been seriously deficient in task order performance shall be excluded from competition unless the Contracting Officer determines that the circumstances were beyond the contractor’s control.

For emergency and urgent requirements, the contractor shall be required to submit a proposal within a time period established by the Contracting Officer based on the complexity and urgency of the requirement.

H17 Award of Task Order: A DD Form 1155 will be issued to the Contractor for the task order. Contractor must sign this task order in Block 16 and return a copy. The signature in Block 16 reflects contractor’s acceptance of the task order. Such task orders may be placed via mail, facsimile or electronic means. The appropriate issuing, administration and payment offices will be cited on each task order. Generally, a 30 day mobilization period will be authorized after the award date of the task order to allow for pre-construction tasks (this time is allocated for the use in submission of performance and payment bonds, submission of preliminary progress schedule, notifications to the state for special construction requirements, requesting dig permits, material submittals, and subcontractor agreements).

H18 Preconstruction Conferences: The Contractor shall, at the discretion of the Contracting Officer, attend a Government coordinated preconstruction conference within 30 calendar days of task order award. As a minimum, the conference shall be attended by the contractor’s appointed project manager, the quality control manager, and administrative personnel responsible for preparation of contract documents, certified payroll records, and invoices.

The contractor shall deliver letter appointments of its key personnel that include each individual’s duties, roles and responsibilities for each task order and the a letter reflecting the item of work the prime contractor will be performing with their own forces and those that will be performed by subcontractors.

H19 Period of Performance: 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. Construction contracts are calculated in calendar days.

H20 Notice to proceed for Task Orders: Notice to proceed (NTP) 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. Physical work on the job site will not commence until after receipt by you of NTP issued by the Contracting Officer. However, you should take immediate action to furnish technical submittals of materials where required, to select subcontractors, and make other preliminary preparations which will not incur any substantial cost.

Barring any contingencies beyond the contractor’s control, work shall commence on the job site after the notice to proceed has been issued. All construction and contractual requirements shall be completed no later than the ending date of the period of performance cited on the resulting task order. Completion is defined as completion of all contractual obligations.

The contractor is solely responsible for the control and supervision of contractor personnel performing under each task order.

H21 Performance Evaluations: For any construction task order $700,000 or more and (any orders terminated for default regardless of dollar value), a contractors performance evaluation will be completed and entered into the

Contractor Performance Assessment Reporting System (CPARS). At the discretion of the Contracting Officer, a CPARS can be prepared for any lesser amount contract/task order. 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 contracts/task orders.

H22 Payment for Task Orders: In accordance with DFARS 252.232-7003, the Contracting Officer hereby determines that the following process is in compliance with DFARS:

(1) Invoices for progress payments shall be submitted on a local Fort Sill form (to be provided by the Government), digitally signed and dated by the contractor, and submitted as an attachment in Wide Area WorkFlow (WAWF). A Subcontractor Payment Register required by FAR 52.232-5 (Payments under Fixed Price Construction Contracts) for progress payments, identification of amounts paid to each qualifying subcontractor to include percentage of overall contract cost. All final invoices shall be marked "FINAL", and be accompanied by the contractor’s final release from liability statement. Final payment under this contract shall not be authorized until all reporting requirements is this subparagraph are satisfied.

(2) IAW FAR 52.232-5-Progress payments are authorized monthly, up to 85% of the project cost, but only after approval of a construction progress schedule, and only in the amounts verified on subsequently approved progress reports. Progress payment invoices will not be processed in the same week as the progress report is submitted. No progress payments are authorized above 85% of the contract value.

(3) 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, CMR reporting, daily reports, test reports, as-built drawings, and release of claims must be received by the Government. Final payroll documents shall state “final”.

H23 Final Inspection: When the Contractor considers the work required in the task order complete, they shall request a final inspection 7 days prior to the desired date. Final inspection shall be performed with the Contractor and Government personnel. During the final inspection, any discrepancies identified by the Government team will be documented in the Governments punch list and provided to the Contractor for corrections and re-inspection within 10 days from the date of the joint inspections. Final acceptance occurs when all punch-list items have been corrected by the contractor and the COR accepts the work complete. Final acceptance must occur prior to the established contract completion date or liquated damages may be assessed for late performance.

H24 TO/DO Ombudsman: The Contracting Officer shall be the first point of contact for industry seeking resolution of issues. Pursuant to FAR 16.504(a)(4)(v), contractors are provided with the name of the MICC HQ TO/DO Ombudsman in the solicitation and contract. Pursuant to FAR 16.505(b)(6) the TO/DO Ombudsman must review complaints from contractors under multiple award task and delivery order contracts and ensure they are afforded a fair opportunity to be considered, consistent with the procedures in the contract. Mission and Installation Contracting Command, Special Competition Advocate is Mr. Dean Carsello; he may be reached by telephone at 210-466-2419 or via email: dean.m.carsello.civ@mail.mil. Any changes in the MATOC Contract Ombudsman point of contact will be made by written correspondence.

H25 Performance Bonds: Within ten (10) calendar days after award of a task order, if required the Contractor shall furnish a Performance Bond (Standard Form 25) and/or Payment Bond (Standard Form 25-A) and/or Alternative Payment Protections- Irrevocable Letter of Credit (ILC), each with good and sufficient surety or sureties acceptable to the Government. IAW FAR 28.102-1(c), the contractor shall furnish all bonds and approval before receiving an NTP or being allowed to start work. The penal sums of these bonds shall be as follows:

a. Resulting task order price exceeds $30,000, but not exceeding $150,000: Payment Bond - shall equal one hundred percent (100%) of the task order amount.

b. Resulting task order price is $150,000 or more:

1). Performance Bond - penal sum of the performance bond shall equal one hundred percent (100%) of the task order amount.

2). Payment Bond – penal amount of payment bond shall equal one hundred percent (100%) of the task order amount.

c. Alternative Payment Protection: If the offeror intends to use an ILC in lieu of bid bond, or to secure other types of bonds, the penal sum of the irrevocable letter of credit shall equal 100% of the task order amount. ILC shall be in the format stated in FAR clause 52.228-14 paragraphs (e) and (f).

H26 Individual Sureties:

a. If individual surety bonds are furnished either for payment or performance bonds, Contractor is cautioned that individual sureties must provide complete and detailed information in block 10 of the SF 28 concerning other contracts on which they have provided bonds. This information should include contract number, contract location, amount and type of bond and telephone number of the involved Contracting Officer.

b. Failure to provide this information and the information required in FAR clause 52.228-2 may result in ineligibility to receive the Notice to Proceed for a task order and to compete for new task orders. Moreover, the Contractor may even face termination of contract for failure to provide adequate bonds.

H27 Liquidated Damages: Reference Contract Clause 52.211-12. Liquidated damages shall be cited on each task order.

H28 Delays and Time Extensions: The contractor shall be responsible for the completion of the project within the time designated in the task order. Any failure to complete project work within the time designated in the task order subjects the contractor to liquidated damages. Failure of the contractor to pursue the work diligently is cause for termination for default. (FAR 52.249-10). The Contractor shall provide immediate notice of delay with justification to the Contracting Officer in writing. Only when delays are justified for the reasons stated in the contract (material delays, weather delays, or delay by the Government), can the contractor secure a time extension. The return of disapproved submittals and their resubmission is not a basis for time extension. Unusually severe weather is listed as one of the excusable causes of delay. The term "unusually severe weather" means adverse weather that is unforeseeable for the time of year and place it occurred. Any request for an adjustment of time should contain such specific available information as dates on which rain, snow, etc. occurred at the site and a statement of the actual job delays attributable to the unusually severe weather.

H29 Invoice: Wide Area Work Flow (WAWF) Electronic Invoicing Instructions: Contractors shall submit payment requests using the following method as mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office.

Type of Document: Construction Invoice Use the following DoDAAC’s when providing invoices:

Issue by: W9124L Admin by: W9124L Inspect by: W44DQ7 Contracting Officer: W9124L Payment Official: HQ0490

NOTE: Failure to include the following additional email addresses for the Points of Contact could result in a delay of payment of your invoice:

Inspector POC: gary.d.haynie.civ@mail.mil Contract Specialist POC: Martha.s.livsey.civ@mail.mil Contracting Officer POC: Pauline.k.abraham.civ@mail.mil

Others as specified on task order.

For WAWF issues contact: WAWF Customer Service at 1-866-618-5988/1-801-605-7095 or by email:

cscassig@csd.disa.mil

H30 Proof of Insurance: 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 your MATOC contract. A Certificate of Insurance (COI) from the Contractor’s insurance company or a Certificate of Compliance shall be furnished to the Contracting Officer 10 calendar days prior to the task order performance. The prime contractor is responsible for maintaining a copy of all subcontractors’ proofs of insurance, and shall make them available to the KO upon request.

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. The statement that "failure to provide such notice relieves the insurance company of any liability" shall not be written into the COI.

The Contractor shall insert the substance of this clause, including this paragraph (b) in subcontracts under this task order that require work on a Government installation and shall require contractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proof of required insurance, and shall make copies available to the Contracting Officer.

Failure to maintain the required coverage may result in termination of the task order.

COMPREHENSIVE GENERAL LIABILITY INSURANCE: Bodily injury liability insurance in the minimum limits of $500,000 per occurrence and property damage liability insurance in the minimum limits of $100,000 per occurrence shall be required on the comprehensive form of policy.

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

WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE: As required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such state will be satisfactory. The required Workman's Compensation Insurance shall extend to cover employer's liability for accidental bodily insurance or death and for occupational disease with a minimum liability limit of $100,000.

H31 Recovered Material: If the contractor finds that certain green products are unreasonably priced, do not meet performance standards, or are not readily available, the contractor shall develop written justifications and provide them to the Contracting Officer.

See FAR 52.223-4 Recovered Material Certification (Section K Representation, Certifications and Other Statements of Offerors) and; FAR 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Section I).

www.epa.gov/cpg/products.htm

H32 Service Outages: All electrical power, steam, compressed air, water, gas, heating/air conditioning and similar service outages shall be coordinated with Engineering and Maintenance Operations. Request shall be provided by the Contractor in writing not less than ten (10) working days prior to the required outage. All work shall be coordinated and arranged to insure that the outage will be of minimum duration.

H33 Excavation/Demolition:

a. Record drawings showing existing underground utilities are located in the Directorate of Public Works (DPW) Bldg., 1950 Barbour Road, Fort Sill, Oklahoma. The Contractor shall avail himself of the drawings. Any utility lines shown on the record drawings (or made known to the Contractor) and damaged during dismantling, or demolition and removal work shall be repaired immediately by the Contractor at no cost to the Government.

b. Contractor shall obtain a properly approved and coordinated digging permit from the Fort Sill DPW Environmental Quality Division. In addition, prior to excavation, contractor shall call for all buried utility line locates including, but not limited to, OKIE located at (800) 522-6543 and Fort Sill Network Enterprise Center (NEC) at (580) 442-3180. Digging permits shall be requested 10 working days prior to plan excavation. Contractor shall immediately stop digging/excavating when its personnel uncover buried waste or soil/ground water with unusual appearance or odor, and notify this condition to Directorate of Public Works, Environmental Quality Division.

H34 Specification and Drawing (FAR 52.236-21): Contractor shall keep on the work site a copy of the drawings and specification and give access to the KO. Anything mentioned in the specifications and not shown on the drawing, or shown on the drawing and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case there is a difference between drawings and specifications, the specifications shall govern.

H35 Preparation of Progress Schedule and Reports: The reports contemplated by the clause herein entitled "Schedules for Construction Contracts" shall be accomplished on and in accordance with instructions pertaining to the forms, Contract Progress Schedule and Contract Progress Report.

The progress schedule shall be completed and delivered to the Contracting Officer no later than the 5th calendar day following the first day that work commences under the contract or another period of time determined by the KO.

Work is defined (in this situation only) as actions taken by the contractor and incurring cost to proceed with the contract's intent. In the event of a contract modification a revised progress schedule shall be required. Project schedules shall be submitted the same as all other submittals and shall be accompanied by a transmittal sheet. The contract specialist (CS) will return the signed schedule and transmittal to the contractors and copy the COR.

Submittal/transmittal sheets with any incorrect or missing information will be rejected immediately without review.

Rejection of incorrectly completed transmittals will not be a basis for consideration for a contract extension.

The progress schedule shall display a time table, in weeks, of the contractor’s method of prosecution of the work, and show a percentage and dollar value correlation of each division of work to the whole project (contract) value.

Items with long lead times shall be reflected on the schedule as benchmarks for order placement. The schedule shall be submitted digitally for Government review and approval. The Contractor will NOT be entitled to bill for progress payments without an approved progress schedule. Failure to submit a schedule could affect progress payment.

Compliance with intended schedule, if actual progress falls behind scheduled progress, payment retainage could result. See (FAR 52.232-5, Para (e). Continued lack of progress maybe grounds for termination.

H36 Contract Progress Reports-Exhibit 1: A progress report shall be submitted to the KO within seven (7) days from report ending date even if there is no work progress. The progress report shall list all of the elements as listed on the progress schedule. The ending dates on both the inspector’s and contractor’s reports shall coincide. The progress report shall also include a calculation of the percentage of each element of work completed, and the cumulative percentage of the work completed to date. This information is used for computing progress payments, and for monitoring the progress against the stated progress on the approved contractor’s schedule. The progress report will be compared with the progress schedule to verify work as scheduled. The COR will verify accuracy of the biweekly progress report submitted by the Contractor for correct reporting period, signature, mathematical errors, and continuity from previous reporting period. The contractor and Government inspector will reconcile any difference between their reports, should they fail to agree on a final progress report percentage, the contracting officer shall determine what the percentage should be. If there is no work progress, the contractor shall annotate on the Progress Report that “no progress on-going” and provide a rationale. The Progress Report located at Exhibit 1 may be used to maintain a record of contract progress.

HE37 Contractors Quality Control Inspection Report (Daily Reports)- Exhibit 2: An electronic copy of this report shall be provided to the KO and COR no later than 10:00 AM the first working day of the following week in which work was performed. The Daily Control Inspection Report located at Exhibit 2 may be used as example of all elements that shall be addressed on the Contractor's daily report.

H38 Fort Sill (FS) FORM 4025-Submittals-Exhibit 3: Transmittal of Shop Drawings, Equipment Data, Material Samples, or Manufacturer’s Certifications, shall be used in satisfying the material approval requirements of FAR 52.236-5. See Exhibit 3. Construction submittals will be specified on a task order basis.

All material submittals shall be delivered to the Contracting Officer (or authorized representative) in electronic format (as much as is practicable). Only those submittal documents and samples not capable of being transported electronically are to be submitted in hard copy. Hard copy submittals shall be delivered to a designated location at the main entrance desk in Building 1950. Electronic submissions shall be sent to: Contracting Officer (or authorized representative) or as identified on individual task orders. In addition, the contractor may be required to provide other construction submittals to include but not limited to product data, diagrams, etc. For catalog cuts, illustrations, printed specifications, or other data submitted inapplicable portions shall be marked out and applicable items such as model numbers, sizes, and accessories shall be indicated by arrow or highlighted. All product data submitted shall have explicit references/indications showing compliance with all Buy American Act requirements. Contractor must ensure that the materials used by their firm meet all requirements under FAR 52.225-11 (Buy American Act – Construction Materials). Should any materials used in the construction effort be outside of the requirements of this clause, the Contractor must notify the Contracting Officer’s Representative immediately upon identification of said materials.

Questions on the status of submittals shall be directed to the Contracting Officer (or authorized representative) via e-mail.

The email subject line name shall read: “Transmittal #, Contract W9124L-XX-X-XXXX-XXXX.”

Email attachments shall reference only one TO project and contain the necessary naming convention.

H39 Material Safety Data Sheet (MSDS): Contractor shall submit an MSDS for all hazardous material on an (FS) FORM 4025, Transmittal of Shop Drawings, Equipment Data, Material Samples, or Manufacturer’s Certificates of Compliance.

The Contractor shall ensure the National Stock Number, trade or part name, Federal Supply Code (FSC), and contract number are included in the MSDS.

H40 Certified Payroll Instructions:

1. Prime contractor shall submit a completed Standard Form (SF) 1413 on all subcontractors prior to their start of work at the work site. The SF1413 shall be submitted only as an electronic pdf document. See Exhibit 4.

2. Prime contractor shall submit WEEKLY certified payrolls for their company and any subcontractor including apprentice documents. Certified payrolls shall be submitted only as an electronic pdf document with ALL Personal Identification Information (PII) removed from the payroll.

3. All electronic pdf documents shall be legible.

4. Certified payroll naming conventions shall be as follows:

a. Prime Contractor:

“TO#_Payroll #_Company Name_we_Date;” WE =Week Ending.

Example: “0001_01_JohnConstruction_we_15Sep16.pdf.”

b. Subcontractor:

“TO#_Payroll #_Company Name_we_Date;” WE =Week Ending

Example: “0001_01_SCI Infrasture_we_15Sep16.pdf”

c. Lower Tier (LT) to Subcontractor:

“TO#_Payroll #_Company Name LT to Subcontractor Name_we_Date;” WE =Week Ending

Example: “0001_01_Ground Up Road LT to SCI_we_15Sep16.pdf” “0001_01_Ground Up Road LT to JohnConstruction_we_23Sep16.pdf”

5. When naming payrolls: The company name at the time of award shall be used for each submission through final payroll. Final payroll shall be marked “Final”.

6. All payroll documents received shall include the following:

a. All pdf pages shall be readable upon opening the document. Pages shall be straight without requiring page rotation.

b. Each page shall contain the Contract number and delivery order number as stated in blocks 1 and 2 of task order.

c. Apprentice documents shall accompany certified payrolls for each apprentice employee.

(1) A separate pdf document shall be provided for each apprentice employee and contain the apprentice name. (Example: Apprentice_John Smith_JohnConstruction.pdf.

(2) To obtain apprenticeship document; use Washington State website at:

https://fortress.wa.gov/lni/arts/ApprenticeLookup.aspx?Action=Lookup

d. The payroll number shall be listed on page one (1).

e. When no work is performed for a period; the Contractor shall submit a Payroll Supplementary Sheet

(Statement of No Work Performed), which is required weekly until final certified payroll is executed.

7. The email subject line name shall read: “Certified Payroll Transmittal #1, Contract W9124L-XX-X-XXXX-

XXXX.”

8. The Contractor shall email electronic certified payrolls directly to: Task Order Contract Administrator’s email address.

9. If payroll administrator has questions, the Contractor shall call Task Order Contract Administrator for resolution.

H41 Correspondence: All contracts awarded are considered paperless contracts. All documents that can be digitally signed by the contractor and submitted electronically via email shall be submitted directly to the government to meet the criteria for paperless contract files. The email date/time shall be used as verification of delivery of documents in the Government hands. The email date/time stamp shall serve as the official time documents are submitted and approved/accepted by all parties.

All correspondence, reports, etc. shall include in the subject line the Contract number and TO number.

"Waste Report_Jan16-W9124L-XX-X-XXXX-XXXX

H42 Umbrella Contract Submittals: The Contractor may submit Umbrella; Quality Control Plan, Accident Prevention Plan, Waste Management Plan, and Environmental Prevention Plan for review and acceptance for all task orders. The contractor shall submit updates to each plan as required or develop a Task Order Specific submittal as required.

H43 Proposed Changes: All change orders will be directed in writing to the Contractor in compliance with the applicable Contract Clause or Clauses, usually “CHANGES,” “DIFFERING SITE CONDITIONS,” “DEFAULT (FIXED PRICE CONSTRUCTION),” “SUSPENSION OF WORK,”. It is emphasized that in no event will a Contractor be permitted to proceed with work involving a change in plans or specifications until a supplemental agreement has been negotiated and signed by the Contracting Officer. An exception will be the use of a notice to proceed modification in the urgent situations where the directive is issued initially and the Supplemental Agreement containing the price/time agreement follows. Details of the proposed changes will be furnished by means of revised plans and specifications and/or a narrative describing them. The Contractor will be required to submit a detailed cost proposal in compliance with Contract Clause MODIFICATIONS OF PROPOSALS – PRICE BREAKDOWN” within a specified period of time.

H44 Notice Regarding Solicitation/Contract Documents:

a. Any Amendment(s) issued during the solicitation phase and any Technical Exhibit(s) and/or Attachment(s) listed in Section J will be incorporated into the resultant contract.

b. Sections K, L and M are included for solicitation purposes only. They will be removed from the resultant contract but remain part of the contract file.

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

Irrevocable letter of credit (ILC) or Payment Bond

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 calendar days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

ATTACHMENTS

LISTING OF ATTACHMENTS and EXHIBITS

Attachment 1- MATOC- Base Contract Statement of Work (SOW)- dated 07/21/2016 Attachment 2-General Decision Number OK160006-Residental-dated 01/08/2016 Attachment 3- General Decision Number OK160012- Heavy Dredging-dated 01/08/2016 Attachment 4- General Decision Number OK160014-Highway-dated 01/08/2016 Attachment 5- General Decision Number OK160043-Building-dated 07/01/2016 Exhibit-1- Contract Progress Report Exhibit-2- Contractor's Quality Control Daily Report Exhibit-3- FS Form_4025-Transmittal of Shop, Drawings, Equipment Data, Material Samples or Manufacturer's Certificates of Compliance Exhibit-4-SF1413-Statement and Acknowledgement

MATOC BASE SPECIFICATIONS

01 00 00 General Requirements 01 32 00 Project Schedule 01 32 23 Survey Layout and Data 01 33 00 Submittal Procedures 01 35 26 Government Safety Requirements 01 35 29 Health, safety, and Emergency Response Procedures 01 35 43 Environmental Procedures 01 42 00 Referenced Specifications 01 45 00 QC for Minor Construction 01 57 19 Temporary Environmental Controls 01 57 20…