W9126G-17-D-0015_FH_JOC_IEC_8(a).pdf

Solicitation Number W9126G-16-R-0048, Job Order Contracting (JOC) for Sustainment, Restoration, and Modernization projects at Fort Hood, Killeen, Texas.

NAICS Code: 236220 SIC: 1542 This is a 100% 8(a) Set-Aside.

It has been determined that competition w ill be limited to 8(a) f irms located w ithin the geographical area serviced by SBA’s district off ices in region six, and the other 8(a) construction f irms w ith bona f ide place of business w ithin the geographical competitive area, and the assigned NAICS Code. All other 8(a) BD Participants are deemed ineligible to submit offers.

Contractor shall begin performance w ithin 10 calendar days upon receipt of the Notice to Proceed for each Task Order and complete each Task Order w ithin the number of calendar days negotiated betw een the Contracting Officer or Ordering Officer.

The minimum quantity of w ork w ill be required under this contract during the base period and options w ill be initiated by one or more task orders and w ill not be less than $2,500. The maximum dollar value of this contracts capacity shall not exceed $30 Million for the base and tw o 12-month option periods. The Government intends to exercise Options Period 1 and 2.

Proposal Submission due by 12 Noon Central Standard Time (CST) on 21 November 2016.

MARC H NGUYEN 817.886.1028

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

12-Jan-2017

(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

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 ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Task Order

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________21 Nov 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 _______90 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.

W9126G-17-D-0015

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, RM 2A17

FORT WORTH TX 76102-0300

W9126G

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 PM (hour) Sealed envelopes containing offers

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

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

(817) 886-6403FAX:TEL: (817) 886-1077 TEL: FAX:

W9126G-16-R-0048-0003 61

See Item 7

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

1WWS6

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:

SEE SCHEDULE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

$10,000,000.00

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)

CODE 96414527. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

USACE FINANCE CENTER MILLINGTON

ATTN: CEFC-AO-P

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR

INFINITE ENERGY CONSTRUCTION, INC

NILSON L. GOEZ

13625 OAK ST.

KANSAS CITY MO 64145-1459

15. TELEPHONE NO. (Include area code) 8173614358

See Item 14

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

30B. SIGNATURE

X 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. REF: Proposal

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

30C. DATE

(Type or print) CARL S OELSCHIG / Contract Specialist

TEL: 817-886-1060 EMAIL: carl.s.oelschig@usace.army.mil

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

BY 12-Jan-2017

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

W9126G-17-D-0015

Section 00 11 00 - Standard Form (SF) 1442 and CLIN Schedule

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 10,000,000 Dollars, U.S.

$1.00 $10,000,000.00

Fort Hood JOC - Base Period

FFP

Job Order Contract (JOC) for Maintenance, Repair, Upgrade and Construction of Real Property Facilities for the Fort Hood Military Installation located in Killeen, Texas 76544.

Contractor shall provide, upon receipt of a task order, all work, materials, supplies, parts (to include system components), plant, supervision, labor, transportation, and equipment (except when specified as Government Furnished), for maintenance, repair, upgrade and construction of real property facilities for Army and civil facilities, and the related services as specified in strict accordance with all the terms, conditions, special contract requirements, specifications, drawings, attachments, and exhibits.

The minimum size of a task order is $2,500.00, the estimated maximum size of a task order is $750,000.00.

The Government accepts Infinite Energey Construction, Inc.’s proposal of the coefficient amounts within.

Base Period – 15 January 2017 through 14 January 2018, 12 months of performance.

FOB: Destination

MAX

NET AMT

$10,000,000.00

UNIT UNIT PRICE MAX AMOUNT

1001 10,000,000 Dollars, U.S.

$1.00 $10,000,000.00

OPTION Fort Hood JOC - Option Year 1

FFP

Job Order Contract (JOC) for Maintenance, Repair, Upgrade and Construction of Real Property Facilities for the Fort Hood Military Installation located in Killeen, Texas 76544.

Contractor shall provide, upon receipt of a task order, all work, materials, supplies, parts (to include system components), plant, supervision, labor, transportation, and equipment (except when specified as Government Furnished), for maintenance, repair, upgrade and construction of real property facilities for Army and civil facilities, and the related services as specified in strict accordance with all the terms, conditions, special contract requirements, specifications, drawings, attachments, and exhibits.

Option Year 1 - 15 January 2018 through 14 January 2019, 12 months of performance.

UNIT UNIT PRICE MAX AMOUNT

2001 10,000,000 Dollars, U.S.

$1.00 $10,000,000.00

OPTION Fort Hood JOC Option Year 2

FFP

Job Order Contract (JOC) for Maintenance, Repair, Upgrade and Construction of Real Property Facilities for the Fort Hood Military Installation located in Killeen, Texas 76544.

Contractor shall provide, upon receipt of a task order, all work, materials, supplies, parts (to include system components), plant, supervision, labor, transportation, and equipment (except when specified as Government Furnished), for maintenance, repair, upgrade and construction of real property facilities for Army and civil facilities, and the related services as specified in strict accordance with all the terms, conditions, special contract requirements, specifications, drawings, attachments, and exhibits.

Option Year 2 -15 January 2019 through 14 January 2020, 12 months of performance .

COEFFICIENT INCLUSSIONS PAGE

Pricing Schedule

Item Description Item Description Coefficient

Factor 0001 Normal Working Hours: BUILDING Construction Offerors shall perform all functions called out in any Task order during normal working hours for the unit price sum specified in the Unit Price Book, for any work required to be performed, multiplied times the coefficient factor

1.18

0002 Other Than Normal Working Hours: BUILDING CONSTRUCTION Offerors shall perform all functions called out in any Task Order during other than normal working hours for the unit price sum specified in the Unit Price Book, for any work required to be performed, multiplied times the coefficient factor

1.23

0003 Non-Prepriced Items: Overhead and profit rate for all non-prepriced items on task order. Overhead and profit is defined as all items associated with performing the tasks, other than direct labor, equipment, and material costs. Coefficient Factor.

1.28

0004 Hazardous Material Abatement - Prepriced Items: Offerors shall perform all functions called out in any Task Order for the unit price sum specified in the unit price book for any work required to be performed for the removal and disposal of asbestos and lead-based paint, multiplied times the coefficient factor

1.28

Low price will be evaluated by normalizing the numbers as follows:

0001 will be factored as 85% of the work.

0002 will be factored at 10% of the work.

0003 will be factored at 2.5% of the work.

0004 will be factored at 2.5% of the work

NOTES:

1. The offeror's Construction price coefficient factor(s) SHALL include all prime and sub contractor profit, home office overhead, jobsite overhead, and other costs not included in the bare labor, material, and equipment costs from the unit price book or in the non- prepriced items. These costs include, but are not limited to, the following:

(a) Corporate, Regional, and Site offices (i.e. Office buildings, office spaces, office trailers, office management, office equipment and supplies, etc)

(b) Profit

(c) Performance and Payment Bonds (per Army Federal Regulation Supplement (AFARS) 17.9004 2(h))

(d) Insurance

(e) Compliance with environmental laws, protection and safety

(f) Tax Laws

(g) Protection for moving of Government property

(h) Submittals (i.e. preparation and distribution of Work Plans, Risk Analyses and weekly reports, as-builts, CQC Plans, Safety Plans, Accident Prevention Plans, Hazard Analyses, Test Procedures, Tests, Test Reports, Status Reports, Catalog Cut Sheets, Technical Data

Sheets, Shop Drawings, Schedules, O&M Manuals, etc.)

(i) Price quotations

(j) Contractor adjustments to Government Unit Prices

(k) Clean-up shall be applicable per each task order.

(l) All waste and excess materials (m)Permits, licenses and fees

(n) Mobilization and close-out for total contract, close-out for each task order. Mobilization shall be negotiated with each task order.

(o) Bulletin Board and Project and Safety Signs “ If required/Applicable”

(p) Principles, project management, supervision and construction supervision

(q) Technical support staff (i.e. estimator, draftsman/CADD operator, etc.) (r) Administrative support staff (i.e. clerks, secretaries, assistants, etc.)

(s) Quality Control and Quality Control Staff

(t) Travel (includes all associated costs for all personnel)

(u) Marketing and Training (i.e. videos, user guides, brochures, promotions, associated travel, etc)

(v) Collaboration/face-to-face meetings with all Program/Project stakeholders (i.e.

progress reviews, negotiations, etc.)

(w) Interest associated with funding of equipment and payroll

(x) Employee payroll taxes, insurance and fringe benefits

(y) Risk of lower than expected contract dollar volume

(z) Risk of high inflation costs for option periods

(aa) Risk of poor subcontractor performance and re-performance

(bb) Other risks of doing business

(cc) Business taxes, contributions, memberships, corporate headquarters support (legal, financial, etc.)

(dd) Cost of using electronic payroll software.

(ee) Toilet Facilities

(ff) DD1354

(gg) Utility Locations

(hh) Warranty Tag

(ii) O&M Training

(jj) O&M Manual

2. The unit prices stated in the UPB include labor, materials and equipment.

3. 5152.237-9000 ADJUSTMENT TO CONTRACTOR’S

COEFFICIENT FOR OPTION YEARS (JOB ORDER CONTRACTS) AFARS

“Pricing” of option periods, include consideration of any adjustments must be performed by an economic price adjustment for those periods, as follows:

An economic adjustment will be applied to the contract coefficient(s) addressing changes in The cost of labor, equipment and material in the Unit Price Book (UPB) (this includes consideration of Davis Bacon issues). This allows for economic increase or decrease of the prices in the UPB and serves to adjust line item prices by the percentage increase or decrease of the economic trend in the construction market. The economic price adjustment will be based on the Building Cost Index (BCI) found in the Market Trend pages of the Engineering News Record (ENR). The economic adjustment is not applied to the cost items comprising the coefficient. No upward adjustment can apply to task orders awarded prior to the effective date of the adjustment, regardless of the date of commencement of work thereunder.

The adjustment will be made in accordance with the following equation. The resulting revised coefficient(s) must be applied throughout the option year.

N = C + i Where: N = New Coefficient

C = Base Year Coefficient i = Change Factor (% increase or decrease from base to option year) The Index

Factor, i, shall be computed according to the following equation:

i = BCIN – 1

BCIC

Where:

BCIN is the Building Cost Index, published in the ENR, for the month prior to the effective date of the option period.

BCIC is the Building Cost Index, as published in the ENR, on the date of the award of the contract. The BCIC is ___________, based on the award date of ___________.

If the BCI or the ENR ceases to be published, the parties shall agree on substitute indices.

EXAMPLE: For the base year of a contract the coefficient (C) is 1.10. The cost to the government for a line item whose cost is $100.00 is 1.10 x $100.00 = $110.00.

Option Year 1. For the first option year the coefficient will be adjusted as follows:

i = BCIN -1 = 3111.86 – 1 = 1.0133 -1 = .0133

BCIC 3071.10

The new coefficient would be calculated as follows:

N = C + i = 1.10 + 0.0133 = 1.1133

The above line item under the option period would be 1.1133 x $100.00 = $111.33.

Option Year 2. For the second option year, if the BCI for the month prior to the effective date of the option period was 3002.99, the coefficient will be adjusted as follows:

i = BCIN – 1 = 3062.99 – 1 = .9974 – 1 = -0.0026

BCIC 3071.10

The new coefficient would be calculated as follows:

N = C + i = 1.10 - -0.0026 – 1.0974

The above line item under the option period would be 1.0974 x $100.00 = $109.74.

Note 1. Round calculations for the Change Factor (i) to the nearest ten thousandth

Note 2. ENR indices for calculation of coefficients for the option years are taken from the McGraw

Hill publication, ENR, published during the month prior to the effective date of the option. The ENR Index for the base year (contract award) is the most recent ENR Index published for the month prior to initial contract award.

TASK ORDER LIMITATIONS (Regulatory Changes) If regulations change during the course of the contract, the task order limitations may be adjusted accordingly by exercise of a unilateral modification. JOC procedures allow a task order to exceed the $500k maximum if the Contracting Officer determines that it is in the government's best interest. If a task order exceeds $500k, it will require a bilateral agreement between the Contracting Officer and the contractor.

PERFORMANCE AND PAYMENT BONDS

Per Army Federal Regulation Supplement (AFARS) 17.9004-2(g) and (h), “All cost associated with bonding shall be included in the coefficient.” (g) JOC solicitations and contracts must clearly notify offerors of initial and continuing bonding requirements. The term “bonding” used in this paragraph includes any relevant alternative payment protection as discussed in FAR 28.102-1. Bonding requirement for this contract is $5,000,000.00.

INSURANCE REQUIREMENTS:

Prior to commencement of work, the Contractor shall furnish the original of his Insurance Certificate directly to the Contracting Officer, Fort Worth District, Corps of Engineers, ATTN: CESWF-CT-S, P.O. Box 17300, Fort Worth, Texas 76102-0300 and one copy directly to the Area or Project Office. The Contractor shall maintain, during the entire period of his performance under this contract, the following minimum insurance requirements:

(a) Employers Liability Insurance in the minimum amount of $100,000 (b) Comprehensive general liability insurance for bodily injury in the minimum limits of $500,000 per occurrence.

(c) Comprehensive automobile liability insurance covering the operation of all automobiles used in connection with the performance of the contract in the minimum limits of $500,000 per person and $300,000 per accident for bodily injury and $50,000 per accident for property damage.

(d) Workmen's Compensation and Employer's Liability Insurance in the minimum amount of $100,000.00, or in compliance with applicable State statutes.

(e) An endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer.

NOTE:

(1) It is recommended that the contractor furnish a copy of the foregoing requirements to his insurance company in order to assure that an Insurance Certificate is issued meeting the minimum requirements shown. The Insurance Certificate shall also show the contract number to which it applies as well as a brief description and location of the work.

End of Pricing Schedule

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 1001 Destination Government Destination Government 2001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 15-JAN-2017 TO

14-JAN-2018

N/A CENTRAL TEXAS AREA OFC

COR / ACO / OO POC

BLDG 4617 SANTE FE AND 72ND STREET

FORT HOOD TX 76544

254-285-3210

967425

1001 POP 15-JAN-2018 TO

14-JAN-2019

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 15-JAN-2019 TO

14-JAN-2020

N/A (SAME AS PREVIOUS LOCATION)

DELIVERY/TASK ORDER

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 AMOUNT MAXIMUM AMOUNT

$2,500.00 $30,000,000.00

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 AMOUNT MAXIMUM AMOUNT

$2,500.00 $1,000,000.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

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

CLIN MINIMUM AMOUNT MAXIMUM AMOUNT

0001 $2,500 $10,000,000.00 1001 $2,500 $10,000,000.00 2001 $2,500 $10,000,000.00

Section 00 72 00 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications

JAN 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items

MAY 2008

52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-5 Trade Agreements FEB 2016 52.225-11 Buy American--Construction Materials Under Trade

Agreements

FEB 2016

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.230-3 Disclosure And Consistency Of Cost Accounting Practices OCT 2015 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-2 Alt I Termination for Convenience of the Government (Fixed- Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.249-10 Alt I Default (Fixed-Price Construction) (Apr 1984) Alternate I APR 1984 52.252-2 Clauses Incorporated By Reference FEB 1998 52.252-4 Alterations in Contract APR 1984 52.252-6 Authorized Deviations In Clauses APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements (Deviation 2016-O0003)

OCT 2015

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.215-7000 Pricing Adjustments DEC 2012

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities AUG 2016 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.231-7000 Supplemental Cost Principles DEC 1991 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount per each specific task order for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes;

and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

(End of clause)

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $1,000,000.00;

(2) Any order for a combination of items in excess of 1,000,000.00; or

(3) A series of orders from the same ordering office within 1 day that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 14 January 2020.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the directions of each task order. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days of the end of the contract.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months.

(End of clause)

252.203-7004 DISPLAY OF HOTLINE POSTERS (OCT 2015)

(a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). (1) The Contractor shall display prominently the DoD fraud hotline poster, prepared by the DoD Office of the Inspector General, in common work areas within business segments performing work in the United States under Department of Defense (DoD) contracts.

(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds, the DHS fraud hotline poster shall be displayed in addition to the DoD fraud hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from:

http://www.dodig.mil/hotline/posters.cfm

[Contracting Officer shall insert the appropriate DHS contact information or Web site.] http://www.dodig.mil/hotline/posters.cfm

(c) Display of combating trafficking in persons and whistleblower protection hotline posters. The Contractor shall display prominently the DoD Combating Trafficking in Persons and Whistleblower Protection hotline posters, prepared by the DoD Office of the Inspector General, in common work areas within business segments performing work under DoD contracts.

(d)(1) These DoD hotline posters may be obtained from: Defense Hotline, The Pentagon, Washington, DC 20301- 1900, or are also available via the internet at http://www.dodig.mil/hotline/hotline_posters.htm.

(2) If a significant portion of the employee workforce does not speak English, then the posters are to be displayed in the foreign languages that a significant portion of the employees speak. Contact the DoD Inspector General at the address provided in paragraph (d)(1) of this clause if there is a requirement for employees to be notified of this clause and assistance with translation is required.

(3) Additionally, if the Contractor maintains a company Web site as a method of providing information to employees, the Contractor shall display an electronic version of these required posters at the Web site.

(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts that exceed $5.5 million except when the subcontract is for the acquisition of a commercial item.

(End of clause)

252.219-7009 SECTION 8(A) DIRECT AWARD (SEP 2007)

(a) This contract is issued as a direct award between the contracting office and the 8(a) Contractor pursuant to the Partnership Agreement between the Small Business Administration (SBA) and the Department of Defense.

Accordingly, the SBA, even if not identified in Section A of this contract, is the prime contractor and retains responsibility for 8(a) certification, for 8(a) eligibility determinations and related issues, and for providing counseling and assistance to the 8(a) Contractor under the 8(a) Program. The cognizant SBA district office is:

US Small Business Administration Kansas City District Office 1000 Walnut Street, Suite 500 Kansas City, MO 64106 Attn: Mr. Ken Sumeier Kenneth.surmeier@sba.gov 816.426.4919

(b) The contracting office is responsible for administering the contract and for taking any action on behalf of the Government under the terms and conditions of the contract; provided that the contracting office shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting office also shall coordinate with the SBA prior to processing any novation agreement. The contracting office may assign contract administration functions to a contract administration office.

(c) The 8(a) Contractor agrees that--

(1) It will notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA's 8(a) regulations at 13 CFR 124.308), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with Section 407 of Pub. L. 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control; and

(2) It will not subcontract the performance of any of the requirements of this contract without the prior written approval of the SBA and the Contracting Officer.

(End of Clause) http://www.dodig.mil/hotline/hotline_posters.htm

252.219-7010 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS--

PARTNERSHIP AGREEMENT (MAR 2016)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer:

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan.

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(3) If the competition is to be limited to 8(a) concerns within one or more specific SBA regions or districts, then the offeror's approved business plan is on the file and serviced by:

US Small Business Administration Kansas City District Office 1000 Walnut Street, Suite 500 Kansas City, MO 64106 Mr. Ken Surmeier Kenneth.surmeier@sba.gov 816.426.4919

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas, unless--

(i) The SBA has determined that there are no small business manufacturers or processors in the Federal market place in accordance with FAR 19.502-2(c);

(ii) The acquisition is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, in which case a small business concern may furnish the product of any domestic firm; or

(iii) The acquisition is a construction or service contract.

(2) The Offeror that received the award of this contract will notify the U.S. Army Corps of Engineers, Fort Worth District, Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of clause)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt.

(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide--

(1) The total dollar amount of the levy;

(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and

(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation.

(c) DoD shall promptly review the Contractor's assessment, and the Procuring Contracting Officer shall provide a written notification to the Contractor including--

(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and

(2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or

(ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.

(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Specified in each Task Order

Section 00 73 00 - Special Contract Requirements

MILITARY BASES REAL ID ACT

As of September 15, 2016, military bases within the Fort Worth District military footprint will no longer accept identification (drivers’ licenses) from American Samoa, Minnesota, Missouri, and Washington as proof of identity.

Starting January 10 2017, if waivers are not extended the military bases within the Ft. Worth District footprint will no longer accept identification (drivers’ licenses) from the above locations, and in addition, they will not accept drivers’ licenses from the States or Territories of Alaska, Arkansas, California, Guam, Idaho, Illinois, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Montana, N. Marianas, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Texas, Virginia, and the U.S.

Virgin Islands.

In conjunction with a State’s non-compliant Driver’s License/Identification Card, access to any military base will require at least one of the following forms of identification:

Social Security Card

Birth Certificate

Vehicle Registration

Vehicle Insurance Policy

DD Form 214

Marriage Certificate or License

U.S. Passport

U.S Passport Card

Permanent Resident Card/Alien Registration Receipt Card (Form I-551)

A foreign passport with a temporary (I-551) stamp or temporary (I-551) printed notation on a machine readable immigrant visa

An employment authorization document that contains a photograph (Form I- 766)

Identification card issued by Federal, State, or local government agencies, provided it contains a photograph and biographic information such as name, date of birth, gender, height, eye color, and address

U.S. Coast Guard Merchant Mariner Cards/Credentials

PIV or Federally-Issued PIV-1 Cards (Personal Identification Verification) issued by the Federal Government

PIV-I card (Personal identification verification-Interoperable Issued by Non- Federal Government entities)

DHS “Trusted Traveler Cards” (Global entry, NEXUS, SENTRI, FAST)

Merchant Mariner card issued by DHS/ United States Coast Guard (USCG)

Border Crossing Card (Form DSP-150); U.S. Certificate of Naturalization or Certificate of Citizenship (Form N-550) and U.S. Permanent Resident Card (Form I-551)

Notice is hereby given that, without one of these forms of ID in addition to the non-compliant State driver’s license, the visitor will need to be escorted by a DoD credentialed escort. Inasmuch as this notice should provide sufficient time to obtain one of the alternative forms of identification before enforcement begins in January 2017, any delays by contractor personnel in obtaining access to a military base within the Fort Worth District footprint after January 10, 2017 will be construed to be contractor-caused, and will not result in excusable or compensable delay to the underlying contract.

Section 00 73 46 - Wage Determination Schedule

WAGE DETERMINATION

WAGE DETERMINATION SCHEDULE

Section 00 73 46 - Wage Determination Schedule

Department of Labor (DOL) issues Davis-Bacon Act (DBA) Wage Decision (WDs) reflecting prevailing wages and benefits paid by the construction industry within specific localities. The DBA WDs are further classified by the nature of the construction projects performed, specifically listed as "schedules": residential, building, highway, and heavy construction. A brief outline of the definitions for each schedule is listed below.