Amendment 2 - W9124L23B0001 0002.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

The purpose of this amendment is to provide answ ers to industry questions in Attachment 12. Additional industry questions are still being review ed and w ill be provided in a forthcoming amendment. See Summary of Changes for details based on the answ ers provided. All changes are annotated in red font. Section B-. Contract Line-Item Numbers (CLINs) 0001 through 4001 have been updated to provide clarification for SEED Project bidding purposes. Federal Acquisition Regulation (FAR) clauses 52.219-14 and 52.211-10 have been updated, and FAR 52.222-30 has been incorporated into this solicitation. The required response date/time remains 12 April 2023 01:00 PM.

Contracting Officer: Martha S. Livsey Email: martha.s.livsey.civ@army.mil Phone: (580) 442-3514

1. CONTRACT ID CODE PAGE OF PAGES

J 1 24

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

16C. DATE SIGNED

BY 24-Mar-2023

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 W9124L23B0001

X 9B. DATED (SEE ITEM 11)

24-Feb-2023

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

24-Mar-2023

CODE

MICC - FORT SILL

1803 NW MACOMB ROAD

FORT SILL OK 73503

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9124L23B0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The following have been modified:

BLOCK 10

D. IAW FAR 36.204- Disclosure of Magnitude of Construction will be cited on individual task orders. Magnitude of Construction for the seed project is between $1,000,000 and $5,000,000.

E. Reference Block 11: Commencement, Prosecution, and Completion dates will be identified for each individual task order. 240 calendar days will be alloted for the SEED Project. See FAR Clause 52.211-10.

F. Reference Block 12: Performance and Payment Bonds are applicable to individual task orders.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

The contractor shall furnish all personnel, labor, equipment, materials, facilities, transportation, tools, testing services, supervision, and other items and nonpersonal 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.

To:

The contractor shall furnish all personnel, labor, equipment, materials, facilities, transportation, tools, testing services, supervision, and other items and nonpersonal 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. SEED Project B4702 Repair HVAC System - Bid amount for SEED Project should be provided at this CLIN.

CLIN 1000

The contractor shall furnish all personnel, labor, equipment, materials, facilities, transportation, tools, testing services, supervision, and other items and nonpersonal 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 tools, testing services, supervision, and other items and nonpersonal 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.

DO NOT ENTER A BID FOR THIS CLIN.

CLIN 2000

The contractor shall furnish all personnel, labor, equipment, materials, facilities, transportation, tools, testing services, supervision, and other items and nonpersonal 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 tools, testing services, supervision, and other items and nonpersonal 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.

CLIN 3000

The contractor shall furnish all personnel, labor, equipment, materials, facilities, transportation, tools, testing services, supervision, and other items and nonpersonal 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 tools, testing services, supervision, and other items and nonpersonal 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.

CLIN 4000

The contractor shall furnish all personnel, labor, equipment, materials, facilities, transportation, tools, testing services, supervision, and other items and nonpersonal 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 tools, testing services, supervision, and other items and nonpersonal 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.

SECTION F - DELIVERIES OR PERFORMANCE

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

ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within “as specified on individual task orders” 10 calendar days** after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than “as specified on individual task orders” 240 calendar days**. The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed within “as specified on individual task orders” 30 calendar days of award**. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

**The timelines pertain to the SEED Project.

(End of clause)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

REQUIREMENTS

ORDERING PROCEDURES

H1 Overview: These instructions provide information for using the Multiple Award Indefinite Delivery-Indefinite Quantity (MAID-IQ) 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 MAID-IQ 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 Multiple Award Task Order Contract (MATOC) will be an indefinite quantity type contract and will list a wide variety of individual construction 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 ventilation and air conditioning (HVAC), paving, and interior/exterior electrical work. The MATOC terms are identified and explained to ease the ordering process.

H2 Authority to Place TOs: The Mission and Installation Contracting Command (MICC) Fort Sill has authority to award and administer TOs under this procurement. Any additional authorizations will be issued by a unilateral modification. Each TO may be signed by any of the Contracting Officers (KOs) within the MICC Fort Sill.

However, this does not preclude another KO within the MICC - Fort Sill from signing any documents or attending any meetings in matters pertaining to the task order from the primary KO. All matters pertaining to the administration of each task order should be directed to the KO via Contract Specialist (CS) identified at the TO level.

Mission and Installation Contracting Command Installation Contracting Office – Fort Sill 1803 Macomb Road Fort Sill, OK 73503-4433

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

H3 Period of Performance: This contract will have a base year with four (4) option years (effective from the date of award). Performance under TOs may extend beyond the period of performance above. However, a TO may not have a period of performance that extends beyond 5 years from the date of award of the base 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 TOs issued during that ordering period in accordance with FAR 22.404-12. Once incorporated in a TO, the WD is good for the life of the individual TO 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 TOs.

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: TOs will have an estimated minimum value of $2,000.00 and not exceed the amount of SRM authority delegated to the installation by HQDA ($2M for operations and maintenance (O&M) Minor Construction projects, $2M for Maintenance & Repair with Repair/Replace more than 75%, and $7.5M for Maintenance & Repair with Repair/Replace less than 75%).

H6 Task Orders: Performance of construction will be accomplished by the Contractor after issuance of TO against the MATOC. The Contractor is not required to accept any TO during any period which would cause the maximum amount stated in the base 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 TO.

H7 Funds: Funds for the TOs will be obligated at the TO level. All TOs will be Firm Fixed Price.

H8 Statutory Cost Limitations: Some TOs may be subject to statutory cost limits. If so, this limitation will be cited in the applicable TO.

H9 Bona Fide Need: Department of Defense (DoD) Financial Management Regulation (FMR) 7000.14, Volume 11A, Paragraph 020510 requires that work obligated late in the fiscal year (FY) by funds in the current FY must have a performance start date within 90 days of TO award, even if this performance start date occurs during the first quarter (Q1) in the following FY. For example, if a TO is awarded on 15 September with funds from the FY, performance must commence, and invoices must be submitted by 14 Dec 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 (NTP) or TO 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 NTP or TO.

H10 Fair Opportunity: All eligible MATOC Contractors will be provided a fair opportunity to compete for each TO 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 much 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 TO 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)), KOs 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 Contracting Officer reserves the right to direct task orders to HUBZONE, WOSB or SDVOSB fair opportunity competitions.

H11 Invitation for Bid: When the Government requires work to be performed, an Invitation for Bid (IFB) will be issued. The IFB will include as applicable:

a. The requirement (Statement of Work (SOW) specifications, drawing, etc);

b. The task/function area;

c. Instructions for completing bid in response to the invitation;

d. Additional clauses/provisions unique to the TO;

e. Site visit date/time;

f. Commencement, Prosecution and Completion of Work calendar days;

g. Liquidated damage amount;

h. Bonding requirement;

i. Construction Wage Rate Requirements;

j. Environmental reports (if applicable);

k. Project Magnitude.

H12 Bid Preparation Pricing: Each TO shall be priced individually. The cost for preparation of TO bids 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 TO, 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 TO.

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

H14 Question and Answer (Q&A) Site Visit: The Government will schedule a site visit for each TO. 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 TO, 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 KO, in writing. The Contractor shall also notify the KO, in writing, upon observing any features in the SOW and specifications 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 bids and may be taken into consideration in determining a contractor’s eligibility to participate in future TOs. The Contractor will not be reimbursed for bid preparation, attendance during discussions, site visits, walk-through or other pre-TO costs.

H15 Contractor’s Bid: Submission of a bid is not mandatory; however, awardees shall furnish a “No Bid” response including a brief statement as to the reasons why they chose not to bid. Contract holders are expected, in good faith, to participate in the TO 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 bid to the KO in accordance with requirements of the IFB by the due date and time stated. The bid shall include all charges the contractor intends to recover in connection with the completion of work on the TO, whether or not specifically listed in the Pricing Schedule. The Government reserves the right to reject any or all bids received.

H16 Bid Evaluation: Award will be made to the responsible Contractor without discussions, whose bid, conforming to the terms and conditions of the TO will be most advantageous to the Government, considering price and price related factors.

For emergency and urgent requirements, the contractor shall be required to submit a bid within a time period established by the KO 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 TOs. Contractor must sign TO in Block 16 and return a copy to the KO. The signature in Block 16 reflects Contractor’s acceptance of the TO. Such TOs may be placed via mail, or electronic means. The appropriate issuing, administration and payment offices will be cited on each TO. Generally, a 30-day mobilization period will be authorized after the award date of the TO 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, etc.).

H18 Preconstruction Conferences: The Contractor shall attend a Government coordinated preconstruction conference before commencement of work under an individual TO. The preconstruction orientation will discuss and agree on the progress schedule; means of access to premises and building; space for storage of materials and equipment; delivery of materials and access points; use of corridors, stairways, elevators, and the location of partitions, etc. 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 appointments letter of its key personnel that include each individual’s duties, roles and responsibilities for each TO within 10 calendar days of award. The Contractor shall also deliver a letter within 10 calendar days of award reflecting the percentage of work the prime Contractor is estimated to be performing with their own forces and those that will be performed by subcontractors.

In accordance with FAR 52.219-14-Limitations on Subcontracting, at the end of the completion of each TO and before final invoicing the Contractor shall submit a letter reflecting the total percentage of work performed by subcontractors.

H19 Commencement/Completion of Work: The commencement, prosecution, and completion of work will be cited on each individual TO. The completion of work on TOs is independent of each other and may run concurrently. Construction contracts are calculated in calendar days. Contactors should ensure that performance of TOs that run concurrently are staffed to work TOs simultaneously in order to complete the TO by the completion date stated in the TO.

H20 Notice to proceed for Task Orders: 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 KO. However, Contractor 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 NTP has been issued. All construction and contractual requirements shall be completed no later than the completion date cited on the resulting TO. 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

TO.

H21 Performance Evaluations: For any construction TO $750,000 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 KO, a CPARS can be prepared for any lesser amount of TO. 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/TOs.

H22 Invoice-Payment for Task Orders: In accordance with Department of Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports, the KO 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) at https://piee.eb.mil/. See DFARS 252.232-7006 for WAWF Payment Instructions. Applicable codes necessary for submission of invoices against resulting TO will be provided at TO level. When submitting an electronic invoice, it is required that the “Construction Invoice” be selected.

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 each TO 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 TOs will be made, all Contractors’ payrolls to include their subcontractors, standard form (SF) 1413 Statement of Acknowledgement for each subcontractor, material submittals, progress reports, daily reports, test reports, as-built drawings, and release of claims must be received by the Government. Final payroll documents shall state “final”.

H23 Final Inspection: When the Contractor considers the work required in the TO complete, they shall request a final inspection in accordance with specification section 01 45 00 Quality Control for Minor Construction.

Final acceptance must occur prior to the established contract completion date or liquated damages may be assessed for late performance.

H24 Warranty: Prior to TO completion date the Contractor shall provide the COR copies of all manufacturer warranties. The Contractor shall honor all warranties IAW FAR 52.246-21 Warranty of Construction. The Contractor must provide a document for approval to the COR that specifically states the dates of the one-year construction warranty period, and a list of individual specified manufacturer warranty dates for installed equipment.

The Contractor must provide a copy of the approved warranty document to their surety company.

H25 TO/DO Ombudsman: The KO 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 Ombudsman in the solicitation and contract. Pursuant to FAR 16.505(b)(6) the TO Ombudsman must review complaints from Contractors under MAID-IQ contracts and ensure they are afforded a fair opportunity to be considered, consistent with the procedures in the contract. MICC Special Competition Advocate is Mrs. Christine Barge; she may be reached by email: usarmy.jbsa.acc-micc.mbx.micc-to-do-ombudsman@army.mil. Any changes in the MICC HQ Contract Ombudsman point of contact will be made by written correspondence.

Complaints. For MAID-IQ contracts, Contractor complaints relative to an individual task are reviewable by the Ombudsman. Contractors should file complaints with the Ombudsman shortly after knowing of the disputed TO.

The complaint must specifically state that it is being filed pursuant to FAR 16.505. If a Contractor fails to identify the complaint properly as a FAR 16.505 complaint, the complaint will be considered a KO protest. Additionally, a failure to file a complaint promptly may result in the Ombudsman determining little or no remedy is available. After receiving a complaint, the Ombudsman will review the complaint and issue a decision or otherwise resolve the complaint.

H26 Performance Bonds: Block 12 for SF1442. Within ten (10) calendar days after award of a TO, 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 corporate bond surety must appear on the Department of Treasury Listing of Approved Sureties (Department Circular 570). Bonds shall be reimbursed at cost, no profit, G&A or overhead allowed once proof of payment is furnished. Bonds are required to cover the entire length of the TO, to include the warranty period. The Contractor shall have annual aggregate bonding capacity of $10M per year.

The penal sums of these bonds shall be as follows:

a. Resulting TO price exceeds $35,000, but not exceeding $150,000: Payment Bond - shall equal one hundred percent (100%) of the TO 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 TO amount.

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

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

d. If the TO price increases, an additional amount equal to 100% of the increase.

H27 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 KO.

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

H28 Liquidated Damages: Reference FAR Clause 52.211-12. Liquidated damages will be cited on each TO.

H29 Delays and Time Extensions: The Contractor shall be responsible for the completion of the project within the time designated in the TO. Any failure to complete project work within the time designated in the TO 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).

In accordance with FAR Clause 52.249-10, the Contractor within 10 days from the beginning of any delay shall notify the Contracting Officer in writing of the causes of delay. The Contracting Officer will ascertain the facts and the extent of delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, the time for completing the work shall be extended. The Contractors right to proceed with work shall not be terminated nor will the Contractor be charged with liquidated damages if the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include – unusually severe weather or delays of subcontractors or suppliers arising from unforeseeable cause beyond the control and without the fault or negligence of both the contactor and the subcontractors or suppliers.

The return of disapproved submittals and their resubmission is not a basis for time extension. Any request for an adjustment of time should contain such specific available information on the cause (i.e., dates on which rain, snow, etc. occurred at the site) and a statement of the actual job delays attributable to the unusually severe weather.

Request for time extensions due to severe weather will be considered only if the number of days experienced exceeds weather delay days already provided within the contract/task order.

Requests for weather delays shall be supported by the awarded contractor’s timely completion and submittal of Exhibit G - Fort Sill, OK Contractor Weather Report. Daily logs/report shall be maintained by the Contractor.

Requests for time extensions due to unusually severe weather will be determined utilizing the information provided by the Contractor and information maintained by the Government. Difference is observations/reports shall be resolved utilizing information from the National weather service at https://www.weather.gov/wrh/climate. The findings of the Contracting Officer shall be final and conclusive on the parties, but subject to appeal under the Disputes clause.

The Contracting Officer will review and provide the Contactor with the written decision each month, no later than the 15th of the month.

Requests for time extensions due to delays of suppliers arising from unforeseeable cause beyond the control and without the fault or negligence of both the contractor or supplier shall be accompanied by the form Exhibit H – Fort Sill, OK Contractor Material Delay Time Extension Request and supporting documents. Supporting Document shall include written correspondence reflecting the timely placement of order and written documentation from the supplier reflecting material delays/delivery schedule.

H30 Proof of Insurance: The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract and resulting TOs, at least the kinds and minimum amounts of insurance required in your MAID-IQ contract IAW FAR 52.228-5 Insurance- Work on a Government Installation. A Certificate of Insurance (COI) from the Contractor’s insurance company or a Certificate of Compliance shall be furnished to the KO 10 calendar days prior to the TO performance.

Before commencing work under this contract or resulting TO, the Contractor shall notify the KO 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/TO is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the KO, 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 in subcontracts under TOs 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 KO upon request. Failure to maintain the required coverage may result in termination of the contract/TO.

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/TO. 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/TO 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 KO.

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

H32 Service Outages: All electrical power, steam, compressed air, water, gas, heating/air conditioning and similar service outages shall be coordinated with appointed COR. 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 ensure 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 locations including, but not limited to, OKIE located at 1 (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 and COR.

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 COR or 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 and Specification section 01 32 00 Project Schedule.

The schedule shall be submitted digitally for Government review and approval. The Contractor will NOT be entitled to invoice 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: 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 COR 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 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 KO 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.

H37 Contractors Quality Control Inspection Report (Daily Reports): 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.

H38 Fort Sill (FS) FORM 4025-Submittals: 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. Construction submittals will be specified on a TO basis. 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.

All material submittals shall be delivered to the KO (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: KO identified on individual TOs. 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 KO and COR immediately upon identification of said materials.

Questions on the status of submittals shall be directed to the KO, CS and COR via email.

The email subject line name shall read: “Transmittal #, Contract W9124L-XX-F-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 TO number are included in the MSDS.

H40 Certified Payroll Instructions:

1. Prime contractor shall submit a Standard Form (SF) 1413 Statement and Acknowledgment for all subcontractors within 14 days after award of any subcontract pursuant to their start of work at the work site to the KO. The SF1413 shall be submitted as an electronic pdf document.

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. Certified payroll naming conventions shall be as follows:

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

Example: “W9124LXXF0001_01_JohnDOEConstruction_we_15Sep23.pdf.”

4. Final payroll shall be marked “Final”.

5. All payroll documents received shall contain the TO number as stated in blocks 2 of the DD1155.

6. Apprentice documents shall accompany certified payrolls for each apprentice employee. A separate pdf document shall be provided for each apprentice employee and contain the apprentice’s name. (Example: Apprentice John Doe_JohnDoeConstruction.pdf.)

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

8. 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.

9. The email subject line name shall read: “Certified Payroll Transmittal #1, Contract W9124LXXFXXXX”

10. The Contractor shall email electronic certified payrolls directly to KO and CS. If payroll administrator has questions, the Contractor shall call KO 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 TO number.

"Waste Report_Jan23-W9124L-XX-F-XXXX”

H42 Umbrella Contract Submittals: The Contractor may submit Umbrella; Quality Control Plan, Accident Prevention Plan, Waste Management Plan, and Environmental Prevention Plan for…