W9124L16R0001-7.21.2016.pdf

Multiple Aw ard Task Order Contract (MATOC) is an Indefinite-Delivery-Indefinite-Quantity (ID/IQ).

MATOC is a competitive Multiple Aw ard IDIQ construction contract. This solicitation w ill result in one or more aw ards w ith the intent to aw ard at least f ive (5) contracts and is a 100% Set-Aside for 8(a) f irms.

“Geographic Restriction” For this procurement, it has been determined that competition w ill be limited to 8(a) f irms w ithin the geographic area serviced by the Small Business Administration (SBA) Oklahoma District Off ice.

MARTHA LIVSEY 580-442-3514

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-Jul-2016

(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 _______10 calendar days and complete it w ithin ________1825 calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________52.211-10

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.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________3 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________07 Sep 2016 (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 - FORT SILL

1803 NW MACOMB ROAD

FORT SILL OK 73503 4433

W9124L

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

580-442-3819/8014FAX:TEL: TEL: FAX:

W9124L-16-R-0001 79

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W9124L-16-R-0001

Section A - Solicitation/Contract Form

CONTINUATION OF SF 1442-BLK 10

One Contract performance period consisting of a -Five (5) Year Ordering Period from date of contract award or November 13, 2016 whichever is later.

All work will be accomplished through Task Orders, which are subject to the Construction Wage Requirements Statute Wage Determination. Construction Wage Requirements Statute Wage Determination will be updated annually on the anniversay date of contract award.

IAW FAR 36.204-Disclosure of Magnitude of Construction will be cited on individual task orders.

Magnitude of construction for the sample project is:

Between $500,000 and $1,000,000.00.

Notice to Offeror(s)/Supplier(s): Funds are currently not available for this effort. Issuance of the Sample Project task order is at the sole discretion of the Government.

The North American Industry Classification System (NAICS) code most appropriate for this procurement is 236220-Commerical and Institutional Building Construction with the associated size standard of $36.5M. The majority of the projects will be in the portfolio group of Facility Related Services, Building and Plant Maintenance, sub-category Maintenance and Repair of Facilities with a Product Service Code (PSC) beginning with a Z1- Maintenance, Repair, Alteration of Structures/Facilities or Z2- Repair or Alteration of Structures and Facilities. The PSC will be identified at the task order level.

The PSC for the sample project is: Z2AA- Repair or Alteration of Office Buildings

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Job

MATOC

FFP

The contractor shall furnish all personnel, labor, equipment, materials, facilities, transportation, tools, testing services, supervision, and other items and non-personal services necessary to accomplish a broad range of repair, alteration, maintenance and minor construction services. All work shall be performed in accordance with the terms and conditions of the contract, Statement of Work, Scope of Work, Specifications, Drawings and any resultant task order issued except for those items specified as government furnished property and/or material.

Place of Performance will be on Fort Sill, OK.

Ordering Period: Five (5) years from date of contract award or November 13, 2016 whichever is later. All task orders (TO) will be awarded utilizing Ordering Procedures stated in Section H- Special Contract Requirements.

FOB: Destination

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Job Contracting Manpower Reporting (CMR)

FFP

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the Statement of Work. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “No Cost”. Instructions, including the Contractor and Subcontractor User Guides, are available at the Department of the Army CMRA (Contractor Manpower Reporting Application) website at: https://cmra.army.mil. Reporting period will be for the period of performance not to exceed 12 months ending 30 September and must be reported by 31 October of the calendar year.

MAX

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00 $5,000.00 $50,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

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

MINIMUM

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$2,000.00 $5,000,000.00

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

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

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

Section C - Descriptions and Specifications

TABLE OF CONTENTS

MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) BASE CONTRACT

SCOPE OF WORK, SPECIFICATIONS, AND STANDARDS

SEE ATTACHMENT-1

SECTION TITLE

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 Environmental Protection 01 70 00 Contract Closeout 01 74 19 Construction and Demolition Waste Management 01 78 00 Closeout Submittals 01 78 36 Warranty of Construction 02 41 00 Demolition 02 81 00 Transportation and Disposal of Hazardous Materials 02 83 13 Lead Hazard 07 90 01 Pipe Wall Penetration Joint Seal 23 05 00 Basic Mechanical Materials 26 00 01 Fort Sill Electrical Requirements Oklahoma DOT Standard Specification 2009 rev1

Section D - Packaging and Marking

RESERVED

RESERVED

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection--Dismantling, Demolition, or Removal of

Improvements

AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 13-NOV-2016 TO

12-NOV-2021

N/A DIRECTORATE OF PUBLIC WORKS

HAYNIE, GARY D.

CONSTRUCTION BR

BLDG 1950 BARBOUR RD

FORT SILL OK 73503 5100

580-442-3898

W44DQ7

0002 POP 13-NOV-2016 TO

12-NOV-2021

N/A (SAME AS PREVIOUS LOCATION)

W44DQ7

52.211-13 Time Extensions SEP 2000 52.242-14 Suspension of Work APR 1984 52.242-17 Government Delay Of Work APR 1984

CLAUSES INCORPORATED BY FULL TEXT

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

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

(End of clause)

Section G - Contract Administration Data

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

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

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 or e-mail: usarmy.redstone.usamc.mbx.protests@mail.mil

Packages sent by FedEx or UPS should be addressed to:

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

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

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

(End of Clause)

Section H - Special Contract Requirements

REQUIREMENTS

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 and Operations Branch 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.

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 design 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:

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