AM 0001 - 99M SB AFP MATOC.pdf
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- Solicitation number
- W9128F22R0016
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This is a solicitation for a Small Business Set-Aside Indefinite Delivery/Indefinite Quantity Multiple Award Task Order Contract for Airfield Paving construction services. The solicitation is seeking proposals for a $99 million MATOC to support the U.S. Army Corps of Engineers Northwestern Division through the issuance of firm-fixed price task orders. Task orders will be for Design-Build/Design-Bid-Build airfield paving projects within the division's boundaries which include Washington, Oregon, Idaho, Montana, Wyoming, Colorado, North Dakota, South Dakota, Nebraska, Kansas, Minnesota, Iowa, Missouri, Michigan and Wisconsin. The response deadline for proposals is January 3rd, 2022. Awards will be made to multiple small businesses and task orders issued over a seven year ordering period consisting of a four year base and one three year option.
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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 revise the submission date, block 10 of the SF 1442, and Section 01 11 00. All other terms and conditions w ill remain the same.
1. CONTRACT ID CODE PAGE OF PAGES
J 1 10
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 15-Dec-2021
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 W9128F22R0016
X 9B. DATED (SEE ITEM 11)
19-Nov-2021
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 X is extended, 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 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
15-Dec-2021
CODE
U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST
CONTRACTING OFFICE
1616 CAPITOL AVENUE
OMAHA NE 68102-4901
W9128F 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
W9128F22R0016
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION 00 10 00 - SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE
The required response date/time has changed from 03-Jan-2022 02:00 PM to 11-Jan-2022 02:00 PM.
The required performance has changed from INDEFINITE DELIVERY CONTRACT FOR DESIGN- BUILD/DESIGN-BID-BUILD FOR AIRFIELD PAVING CONSTRUCTION, VARIOUS LOCATIONS WITHIN THE NORTHWESTERN DIVISION.This solicitation is a Small Business set-aside. A target of five (5) Indefinite Delivery Contracts may be awarded for a base performance period of four (4) years with one (1) three (3) year option period. The combined total value of the all contracts shall not exceed $99,000,000. The minimum contract guarantee is $2,500.Except as provided below, work will be performed by the selected qualified Contractors pursuant to firm-fixed-price contracts. Task Orders will be requested from time to time, as the need arises, during the contract period. There is no value assigned to the task order minimum or maximum. Wage rates applicable to the area of work will be added to each task order. The offeror agrees to do all the work described in these documents.RETURN WITH PROPOSAL: SECTIONS 00 10 00, 00 45 00, INFORMATION REQUIRED IN SECTION 00 22 00 AND PRICING SUBMISSION REQUIREMENTS. to INDEFINITE DELIVERY
CONTRACT FOR DESIGN-BUILD/DESIGN-BID-BUILD FOR AIRFIELD PAVING CONSTRUCTION,
VARIOUS LOCATIONS WITHIN THE NORTHWESTERN DIVISION.This solicitation is a Small Business set-aside. A target of five (5) Indefinite Delivery Contracts may be awarded for a base performance period of four (4) years with one (1) three (3) year option period. The combined total value of the all contracts shall not exceed $99,000,000. The minimum contract guarantee is $2,500.Except as provided below, work will be performed by the selected qualified Contractors pursuant to firm-fixed-price contracts. Task Orders will be requested from time to time, as the need arises, during the contract period. There is no value assigned to the task order minimum or maximum. Wage rates applicable to the area of work will be added to each task order. The offeror agrees to do all the work described in these documents.RETURN WITH PROPOSAL: SECTIONS 00 45 00 and INFORMATION
REQUIRED IN SECTION 00 22 10..
SECTION 01 11 00 - SUMMARY OF WORK
The following have been modified:
01 11 00
SECTION 01 11 00
SUMMARY OF WORK
1. INTRODUCTION
This is a solicitation for an Indefinite Delivery, Indefinite Quantity (IDIQ) Airfield Paving (AFP) Multiple Award Task Order Contract (MATOC) for Small Business contractors. The shared contract capacity of the MATOC is $99 million for an ordering period of seven (7) years: four (4) base years and one (1) three (3) year option, with an optional 6 (six)-month extension.
2. BACKGROUND
This MATOC will be executed in support of the Air Force Civil Engineering Center (AFCEC), the US Army, and various other DoD customers. It is necessary that AFP MATOC contractors be capable of administering and executing construction contracts with stringent technical requirements for high-quality, durable airfield pavement and support systems.
3. SCOPE
This AFP MATOC facilitates airfield paving design-bid-build and design-build construction projects in support of existing military and civil stakeholders.
Projects will vary in size, technical complexity, location, and importance to national security, and will require the contractor to have access to necessary technical resources and the ability to respond to projects expeditiously. The primary NAICS Code for this solicitation is 237310 – Highway, Street, and Bridge Construction, with a small business size standard of $39,500,000.00.
This Scope encompasses construction applications and technologies needed to support airfield paving construction projects in various locations within USACE’s Northwestern Division (NWD) military boundaries (including Washington, Oregon, Idaho, Montana, Wyoming, Colorado, North Dakota, South Dakota, Nebraska, Minnesota, Iowa, and Wisconsin). Individual Task Orders will further define specific project requirements once identified.
Anticipated contracts will allow for sharing of MATOC capacity with AFCEC if they choose to issue task orders themselves.
Work under this contract may include, but is not limited to, the following: design, construction and/or full depth repair of both concrete and asphalt airfield pavements. Work may include related/ancillary systems such as minor pavement repairs, airfield lighting systems, NAVAIDs, storm water systems, aircraft arresting systems, and other utility systems located within the airfield environment. Work will conform to Department of Defense (DoD) requirements via task order specific versions of the Unified Facilities Guide Specifications (UFGS). Work will occur on an active airfield environment, such as runways, taxiways, and aprons, requiring phasing and working around active aircraft operations.
3.1. TASK ORDERS
Individual Task Orders will be awarded under this MATOC using the Best Value Tradeoff Source Selection Process (see FAR 16.505) unless an exception applies. The process will be determined at the Task Order level and will be communicated in the Task Order RFPs. Task Orders will be awarded as “Firm Fixed Price” (FFP). Maximum Task Order award will be the remaining capacity on the MATOC.
4. APPLICABLE DOCUMENTS
The Contractor shall comply with all applicable Federal, State, and Local requirements, codes, policies, statutes, etc.
Task Orders will be performed at a variety of locations, to include civilian sites and military installations. Coordination with installation’s force protection, and other governmental entities will require the Contractor to obtain and be familiar with the appropriate and applicable documents. It is the Contractor’s responsibility to identify and comply with all applicable requirements. Applicable documents may include but are not limited to: Unified Facility Criteria (UFC), International Building Code (IBC), National Fire Protection Association (NFPA), and the National Electric Code (NEC). When specified by Task Orders (TOs), the Contractor will also be required to follow military construction criteria.
5. ENVIRONMENTAL REQUIREMENTS
The Contractor shall be cognizant of all appropriate environmental laws, regulations, and guidelines. The Contractor shall ensure that all work activities performed by his personnel, subcontractors and suppliers are executed as required by these laws and regulations. Any incident of noncompliance noted by the Contractor shall immediately be brought to the attention of the Contracting Officer or Contracting Officer’s Representative (COR). A COR will be approved by the Contracting Officer and identified in each task order.
5.1. GENERAL
5.2. PERMITS/APPROVALS
The Contractor must investigate requirements and obtain all applicable permits, licenses, approvals, certificates, etc., necessary to accomplish the work specified in the individual Task Orders. The Contractor shall notify the Contracting Officer or Contracting Officer’s Representative of any delay in obtaining the necessary permits or approvals.
6. SAFETY AND HEALTH
See Section 01 35 26 Governmental Safety Requirements. Individual Task Orders may contain additional requirements.
7. MANAGEMENT AND REPORTING INSTRUCTIONS
7.1. WORK PLAN (WP)
Immediately following Task Order award, the Contractor will submit a WP. The WP must be approved by the Government prior to start of on-site activities. Any deviation from the approved plan must be approved by the Contracting Officer or authorized representative. The WP should fully describe activities that will be performed by the Contractor and shall contain, at a minimum, the following:
A Statement of work and objectives to be accomplished A description of project implementation, to include the method of operation, type of equipment, personnel required, and other special considerations A schedule that identifies requirements necessary to complete the required work, in addition to key milestones Permits, licenses, certificates, and other pertinent compliance documents An organizational chart and a roster of Key Personnel and their responsibilities
7.2. WORK BREAKDOWN STRUCTURE (WBS)
For each Task Order, the Contractor will prepare and submit for approval a WBS compatible with the Construction Specifications Institute (CSI) format for construction activities. The approved WBS must be used to report the cost and schedule statuses of all required tasks.
7.3. INTEGRATED MASTER SCHEDULE (IMS)
The Contractor will prepare and submit an IMS for approval. The IMS must be in the form of a Gantt chart and include a Critical Path Method (CPM) analysis. The schedule must be resource-loaded and correlated to the approved WBS.
7.4. CONTRACTOR’S PROGRESS, STATUS, AND MANAGEMENT REPORT (CPSMR)
The Contractor will prepare and submit a CPSMR. The CPSMR will be used by the Government to review and evaluate the progress of work and to identify existing or potential problem areas. The Contractor must report progress and document all key events on a weekly basis. The CPSMR must include a summary of the events that occurred during the reporting period, and must discuss performance, identifying problems and proposed solutions, corrective actions taken, and unresolved issues.
7.5. PLANS, REQUIRED
Work Plan (Section 6.1)
Site Safety and Health Plan (Section 01 35 26 General Safety Requirements)
Quality Control Plan (Section 01 45 00.00 10 Quality Control)
7.6. REPORTS, REQUIRED
Design Drawings/Specifications per Task Order
Site/Project Summary
Shop Drawings and/or As-Built Drawings
Survey Reports per Task Order basis
CPSMR
CPR
8. QUALITY MANAGEMENT (QM)
Quality Management (QM) refers to the combined QC/QA effort. The specific requirements for Contractor QC will be identified in the project Task Order. See Section 01 45 00.00 10 Quality Control.
9. ORGANIZATIONAL STAFF/STRUCTURE
9.1. GENERAL
The Contractor shall be capable of efficiently and effectively executing all MATOC Task Order requirements.
9.2. VETERAN’S EMPLOYMENT EMPHASIS FOR USACE CONTRACTS
In addition to complying with the requirements outlined in FAR Clause 52.222-35, Equal Employment Opportunity for Veterans, all contractors, and subcontractors at all tiers, are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. However, no set-aside, evaluation preference, or incentive is applicable with regard to this paragraph.
The following resources are available to assist USACE contractors in their outreach efforts: Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx.
Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/ Department of Veterans Affairs - VOW to Hire Heroes Act http://benefits.va.gov/vow/
9.3. KEY PERSONNEL/POSITIONS
Persons identified as “Key” by the Government are mandatory positions and shall not be replaced without notifying the Contracting Officer. Should it become necessary to replace the key management personnel, the Contractor shall provide a written request stating the reasons for the change and listing the name and qualifications of the proposed replacement to the Contracting Officer for approval. The Offeror shall obtain the Contracting Officer's written consent before making any substitutions for these designated personnel. Personnel shall meet or exceed the qualifications listed below:
10.4.1 Program Manager/Construction Operations Manager (PgmM/COM)
The PgmM/COM is responsible for the successful and efficient management of the contract and for the efficient construction work completed under the Airfield Paving Contract. The PgmM/COM is responsible for developing, implementing, and managing the quality control program and will ensure that Government quality and environmental requirements are achieved. The PgmM/COM will manage subcontracts, manpower, equipment, and other resources, and will ensure that Safety is the number one priority at jobsites.
The PgmM/COM must be competent, experienced and knowledgeable in management of the construction-specific activities identified in this contract, and must designate a Site Manager for each Task Order who will be responsible for all on site management of construction duties per Task Orders. The PgmM/COM is the point of contact for the Government for this contract and the person the Contracting Officer contact to address either programmatic issues with the contract or site-specific issues that require higher level corporate involvement.
Qualifications:
The PgmM/COM must have the following minimum qualifications:
*A bachelor’s degree in engineering, business management, construction management, geology, chemistry, or architecture or an advanced degree (master’s degree) in business administration or engineering.
*Four (4) years experience in Program Management, Construction Operations, or Contract Management.
*Experience with applicable Federal, state, and local construction laws and regulations and Federal labor laws.
*The ability to effectively communicate and manage customer expectations.
*The ability to locate, coordinate, and utilize resources.
*The ability to effectively manage subcontracts and cost reimbursable contracts.
*Shall be employed directly by the Prime Contractor at the time the proposal is submitted.
10.4.2 Corporate Quality Control Manager (QCM)
The QCM must have experience in development and oversight of corporate quality control programs and processes relevant to scope of work. The QCM is responsible for the development, implementation, oversight and enforcement of the firm’s Government approved QC program.
The Corporate Quality Control Manager must have the following minimum qualifications:
*A bachelor’s degree in engineering, construction management, geology, chemistry, or architecture.
*Four (4) years experience in developing and implementing effective Quality Control programs with a construction focus.
*Expert knowledge of the USACE Quality Assurance/Control requirements and processes.
10.4.3 Corporate Safety and Health Manager (SHM)
The Corporate SHM is responsible for the development, implementation, oversight and enforcement of the firm’s health and safety program.
The Corporate Safety and Health Manager must have the following minimum qualifications
*The Corporate SHM shall be an Industrial Hygienist certified by the American Board of Industrial Hygiene, or a Safety Professional certified by the Board of Certified Safety Professionals. The Corporate SHM shall be either an Industrial Hygienist certified by the American Board of Industrial Hygiene, or a Safety Professional certified by the Board of Certified Safety Professionals, or a Certified Health Physicist (CHP). (AM 0001) *Four (4) years experience in developing and implementing safety and health programs for construction operations.
*Experience supervising professional and technician level personnel; developing worker exposure and monitoring programs; and managing personal protective programs.
*Experience with state and Federal occupational safety and health regulations and statutes.
*Expert knowledge of the USACE Safety and Health Requirements, EM 385-1-1 Manual, through documented experience construction operations contracted under the USACE, Naval Facilities Engineering Command, or other Department of Defense entities requiring the use of the EM 385-1-1 manual.
*Shall be employed directly by the Prime Contractor at the time the proposal is submitted.
10.4.4 Project Manager (PM)
The PM will plan and coordinate all activities required to comply with Task Order requirements in close coordination with USACE representatives. The PM must promptly report all obstacles to mission achievement. The PM will also: coordinate submittals and other deliverables; provide administrative support, supervision, and management of Contractor personnel, equipment, and materials; and provide USACE with progress, financial, and other reports deemed necessary by the Government.
A RM/PM must be appointed by the PgmM/COM for each Airfield Paving Task Order awarded. The PgmM/COM shall furnish the RM/PM’s qualifications, experience and performance to the Contracting Officer for approval. The RM/PM shall be the point of contact for the Task Order, and will be responsible for the management and execution of all construction activities in accordance with the approved statement of work, Contractor's approved submittals and all applicable Federal, state, and local laws and regulations.
The RM/PM must have the following minimum qualifications:
*Four (4) years working experience as a RM/PM in the construction industry, with emphasis on swift and time-sensitive construction related response actions.
*Experience with applicable Federal, state, and local construction laws and regulations *The ability to effectively communicate and to assist in management of customer expectations *Shall be directly employed by the Prime Contractor.
10.4.5 Engineer
The Engineer must be able to effectively specify, procure, and work with the procured engineering services and also be able to work with USACE engineering staff both in the field and at the District. The Engineer must also be able to challenge and verify validity of the provided Design-Bid-Build designs for Firm Fixed Price task orders.
The Engineer must have the following minimum qualifications:
*A Bachelor of Science in Engineering from a college or university accredited by the U.S.
Department of Education.
*Four (4) years working experience as an engineer in the construction industry *Experience with applicable Federal, state, and local construction laws and regulations *The ability to effectively communicate and to assist in management of customer expectations *Must be directly employed by the Prime Contractor.
9.4. FIELD PERSONNEL
10.5.1 Site Superintendent
The project superintendent is the highest level manager on a project site, and is responsible for the overall construction activities at the site, including quality and production is the project superintendent. The project superintendent must maintain a physical presence onsite at all times and is responsible for all construction and related activities at the site.
The Site Superintendent must have the following minimum qualifications:
*A 4-year degree in Construction Management, or a related field, or ten (10) years of experience as a Superintendent on projects with a similar scope and size *Working knowledge of cost-reimbursement task orders.
10.5.2 Quality Control Specialist (QCS)/ CQC System Manager
The QCS is the task order level individual responsible for implementation of the Contractor's Quality Control Plan and Government quality control requirements, to include a thorough implementation of the 3-phase quality control process. This individual must be employed by the Prime Contractor and must be physically present on-site at all times during construction.
Qualifications:
The Quality Control Specialist System Manager must have the following minimum qualifications:
* Five (5) years of experience as a QCS on projects with a similar scope and complexity of the task order.
*Completion of the Construction Quality Management (CQM) for Contractors course.
10.5.3 Site Safety and Health Officer (SSHO)
The SSHO is the task-order level individual who establishes, approves, maintains, and monitors the Contractor's safety program and Accident Prevention Plan, and who is responsible for ensuring the Contractor complies with all Government safety requirements.
Qualifications:
Training, experience, and qualifications meeting requirements of with EM 385-1-1 Section 01.A.17, and all associated sub-paragraphs.
Appointment of SSHO:
For firm fixed price task orders, the Contractor must submit a resume to the Administrative Contracting Officer (ACO), or to a person designated by the ACO or Contracting Officer, a resume for the proposed SSHO and an accompanying request to appoint the individual to that position, no later than one week after task order award.
For cost reimbursable task orders, the Contractor must submit a resume to the Contracting Officer, or to a person designated by the Contracting Officer, a resume for the proposed SSHO and an accompanying request to appoint the individual to that position, no later than one week after task order award.
The Government reserves the right to reject any request if it determines that the individual does not meet the qualifications set forth in the task order or is otherwise unsuitable for the position. The Contractor cannot appoint an individual to this position without approval of the Contracting Officer.
Unless otherwise allowed by task order or the Contracting Officer, the SSHO may not be "dual hatted," i.e., serve in more than one position, nor shall SSHO be assigned to any other duties aside from those inherent in their position, nor to any other projects. An Alternate SSHO may be appointed by the Contractor using the same processes and criteria describe above. An Alternate SSHO must have qualifications and experience meeting or exceeding those of the primary individual appointed to that position. No individual may serve as an Alternate SSHO if serving in that capacity would result in dual-hatting, as described above.
10. PROJECT CLOSEOUT
10.1. WARRANTY
The Contractor must complete all inspections and commissioning requirements prior to Final Inspection. All warranties for firm fixed price task orders must be issued in conjunction with the Final Report. Extended warranties offered by the Contractor and its subcontractors or suppliers may be accepted at the Government’s discretion. See Section 01 78 36.00 24 Warranty of Construction.
10.2. FINAL REPORT
For Task Orders, a draft copy of the Project Final Report must be submitted 30 days after completion of the field work for each Task Order. The report must include a summary of the work performed and all project documentation. The exact format and requirements will be specified on a Task Order basis.
11. PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS (MAY
2006) In connection with this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor's accepted proposal. The Contractor must obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it must submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.
12. GOVERNMENT-FURNISHED SPECIFICATIONS, DRAWINGS, SURVEYS, AND
SPECIFICATIONS IN THE REQUEST FOR PROPOSAL (JUL 2002)
This is to clarify DFARS 252.236-7001, Contract Drawings and Specifications, refers to any Government-furnished design or design criteria included in the Request for Proposal (RFP).
13. GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL
2003) This is to clarify FAR 52.236-21, Specifications and Drawings for Construction, refers to any specifications and drawings furnished in the Request for Proposal (RFP). The term "specifications" refers to the design criteria or scope of work, in addition to any attached specifications.
14. AWARD TO SUCCESSFUL OFFEROR
Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO) or an Administrative Contracting Officer (ACO)), acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you must not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor’s own risk.
15. DEVIATING FROM THE ACCEPTED DESIGN (JUN 2002)
15.1 The Contractor must obtain the approval of the Designer of Record and the Government’s concurrence for any Contractor proposed revision to the professionally stamped and sealed and Government reviewed design, before proceeding with the revision. The Government reserves the right to disapprove such a revision.
15.2 The Government reserves the right to non-concur with any revision to the design, which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed design.
15.3 Any revision to the design, which deviates from the contract requirements (i.e., the RFP and the accepted proposal), will require a bilateral modification (e.g. supplemental agreement) to the contract before any work commences.
15.4 Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.
15.5 The Contractor must track all approved revisions to the reviewed and accepted design and incorporate them into the as-built design documentation, in accordance with agreed procedures. The Designer of Record must document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.
16. OMBUDSMAN (22 SEP 2017)
Task and Delivery Order Ombudsman. IAW FAR 16.505(B)(6) referring to FAR Part 16 "Ordering". The head of the agency has designated a task-order contract and delivery-order contract ombudsman. The ombudsman must review complaints from contractors and ensure they are afforded a fair opportunity to be considered, consistent with the procedures in the contract. The ombudsman is a senior agency official who is independent of the contracting officer and may be the agency's competition advocate.
JOHN A. JACOBSON
Task and Delivery Order Ombudsman US Army Corps of Engineers 441 G. Street, N.W.
Washington D.C. 20314-1000 Phone: 202-761-8817 E-Mail John.A.Jacobson@usace.army.mil
(End of clause)
(End of Summary of Changes)
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