Released-Amendment0001-W912C322Q0007-ToroCreek-20220812.pdf

0011798423

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

a. This amendment is issue for the follow ing reasons:

1. to add and update information to instruction to Vendors items 2, 4, 6, 15, 16, and 17

2. to Include the magnitude of the requirement is betw een $25,000 to $100,000 on block 10 SF1442

3. to add additional information to Special Contract Requirements items 35 and 36

4. to Add clause 52.232-18 Availability of Funds

5. to replace Attachment 2 Draw ings W912C322Q0007-ToroCreek-20220701 and Attachment 3 SOW FINAL W912C322Q0007-ToroCreek-20220701 included in original Solicitation no longer applicable for the requirement w ith new SOW and draw ings under Amend0001-Attach1-SOW-Specs-W912C322Q0007-ToroCreek-20220811.

See Continuation Sheet

1. CONTRACT ID CODE PAGE OF PAGES

J 1 17

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

16C. DATE SIGNED

BY 12-Aug-2022

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 W912C322Q0007

X 9B. DATED (SEE ITEM 11)

01-Jul-2022

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 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

12-Aug-2022

CODE

MICC - FT BUCHANAN

FT BUCHANAN

DIRECTORATE OF CONTRACTING

34 SOUTH GATE RD, STE 1104

FORT BUCHANAN PR 00934-4206

W912C3 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912C322Q0007

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

CONTINUATION SHEET

b. Date and time to receipt quotes has been extended from August 13, 2022 at 10:00am to Aug 26, 2022 at 10:00am.

c. All other terms and conditoons remains.

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 13-Aug-2022 10:00 AM to 26-Aug-2022 10:00 AM.

The required performance has changed from Job: TORO CREEK GATE REPAIRS FORT BUCHANAN PUERTO RICOThe Mission and Installation Contracting Command, MICC-Fort Buchanan has a requirement for the repair of an existing gate, fabrication and installation of a new hinged gate at Toro Creek, Fort Buchanan Puerto Rico. All work shall be in accordance with the Statement of Work (SOW), all other applicable specifications, regulations, federal and state laws, and all terms and conditions stated herein.The requirement is set aside as 100% Total Small Business . The NAICS code is 238120 with a size standard of $16.5 Million.A bid guarantee equal to 20% (percent) of the quote shall be provided by vendors.Attached: 1) Quote Breakdown2) Drawings3) SOW4) Safety Plan Template5) EM385-1-1 Minimum Basic Outline for Accident Prevention Plans to Job: TORO CREEK GATE REPAIRS FORT BUCHANAN PUERTO RICOThe Mission and Installation Contracting Command, MICC- Fort Buchanan has a requirement for the repair of an existing gate, fabrication and installation of a new hinged gate at Toro Creek, Fort Buchanan Puerto Rico. All work shall be in accordance with the Statement of Work (SOW), all other applicable specifications, regulations, federal and state laws, and all terms and conditions stated herein.The requirement is set aside as 100% Total Small Business. The magnitude of the requirement is between $25,000 and $100,000 The NAICS code is 238120 with a size standard of $16.5 Million.A bid guarantee equal to 20% (percent) of the quote shall be provided by vendors.Attached: 1) Quote Breakdown2) Drawings3) SOW4) Safety Plan Template5) EM385-1-1 Minimum Basic Outline for Accident Prevention Plans.

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been added by full text:

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

The following have been modified:

BASIS OF AWARD

The Government intends to award a contract resulting from this solicitation to a responsible offeror whose quote conforms to the solicitation and who submits the lowest-priced, technically acceptable quote that is found to be the most advantageous to the Government. Therefore, the offeror's initial quote should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject the offer if such action is in the public interest and waive informalities and minor irregularities in the offer received.

TECHNICAL: Acceptable or Unacceptable

SUBMITTED DETAILED PRICE BREAKDOWN: The proposed price in response to this solicitation must include all costs associated with the successful completion of the project to include, Proper Equipment, Materials, Labor, OH, Profit, applicable Federal and State taxes, and all other required for execution of Repairs Toro Creek Gate, Fort Buchanan, PR.

Technical Acceptable / Unacceptable Rating

Rating Desscription Acceptable Quote considered all reasonably required for completion of the solicitation.

Unacceptable Quote DID NOT considered all reasonably required for completion of the solicitation.

PRICE:

a. SUBMITTED DETAILED PRICE BREAKDOWN: The Price Submission will not be scored or rated.

To be considered for award, an offeror’s price must be determined fair and reasonable, complete and accurate.

b. Complete/Accurate. The offeror’s price quote shall be evaluated to ensure that it is mathematically accurate.

When evaluating price (to include detailed price breakdown) the Government reserves the right, without entering discussions, to de-conflict or correct situations involving clerical errors, minor mathematical errors, rounding discrepancies or obvious misplacement of decimal points where there is a negligible impact on price. The unit price will prevail.

c. Reasonableness. The existence of adequate price competition is expected to support a determination of reasonableness. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government obtained information, additional information in accordance with FAR 15.4 may be required from the Offeror to support the proposed price.

INSTRUCTIONS TO VENDORS

INSTRUCTIONS TO VENDORS:

REQUEST FOR QUOTES (RFQ) W912C322Q0007,

TORO CREEK GATE REPAIRS

AT FORT BUCHAHAN PUERTO RICO

NOTE: THIS SOLICITATION IS SUBJECT TO FAR 52.232-18, AVAILABILITY OF FUNDS

1. The requirement is for Toro Creek Gate Repairs Fort Buchanan Puerto Rico. An Award for this requirement will be made pursuant to FAR 13, Simplified Acquisition Procedures.

2. All questions shall be in writing. Questions may be emailed to Angel Garay at email:

angel.d.garay2.civ@army.mil and Carla Rosario at carla.m.rosario-rivera.civ@army.mil. Questions are due on AUG 18, 2022 at 10:00am for this action (see item 13 below) in order to ensure a timely response is provided by the solicitation closing date. All questions are to be submitted in writing at the date and time indicated above. Please provide your company name, telephone, point of contact, cage code, e-mail address, and solicitation number on all questions. The Government will provide responses to questions via the issuance of an amendment and posted on the SAM.gov with the solicitation.

Quotes are due to the Government on or before the time listed on the 1442, Puerto Rico time. It is the contractor’s responsibility to ensure their quote is received by the due date and time. Contractor shall submit a signed SF 1442, Amendments issued, if any, any other requested information in the Request for Quote.

3. If a quote is based on a teaming/partnering relationship or a joint venture, the contractor shall provide, with the quote, all required solicitation information for all parties including a copy of the teaming/partnering or joint venture agreement. The agreement shall include information, which identifies the responsibilities for each entity under this contract. The agreement shall demonstrate the relationship between firms and identify contractual relationships and authorities to bind each entity of the teaming/partnering or joint venture relationship.

4. This procurement is 100% Set-Aside for Small Business concerns under NAICS Code 238120 with a size standard of $16.5 Million.

The Mangnitude of this requirement is between $25,000 to $100,000.00

5. Period for acceptance of quotes. The vendor agrees to hold the prices in it offer firm for 90 days.

6. Site Visit. A site visit will be conducted on July 13, 2022 at 1:30 p.m. The government will meet interested vendors at 1:00 PM (sharp) at the Visitor Control Center Parking (VCC) lot. Interested vendors shall have a valid driver’s license (REAL ID) or passport in order to enter Fort Buchanan. No new site visit will be conducted or schedule for this requirement.

NOTE: A maximum of two individuals would be authorized per company. If authorized person already have an access to the base, Contractor shall wait at the Visitor Control Center Parking lot (GATE located at PR 28 nearby the PX) for the briefing.

SITE VISIT IS NOT MANDATORY BUT HIGHLY RECOMMENDED.

SITE VISIT WILL START EXACTLY AT THE TIME STATED ABOVE. CONTRACTOR SHALL ARRIVE TO THE GATE AT LEAST 30 MINUTES PRIOR TO THE EVENT TO ALLOW PROPER TIME TO THE VISITOR

CENTER PERSONNEL TO PROCESS THE BACKGROUND CHECK. ACCESS REJECTION OF ANY

INDIVIDUAL IS CONTRACTOR RESPONSIBILITY. NO WAIVERS WOULD BE AUTHORIZED.

CONTRACTOR IS REQUIRED TO ENSURE PERSONNEL ASSIGNED TO ATTEND THE SITE VISIT PASS

THE BACKGROUND INVESTIGATION. THIS IS THE ONLY SITE VISIT SCHEDULE

Person attending the site visit shall have medical mask available for immediate used if mandated (defined as surgical or procedure masks that are flat or pleated; they are affixed to the head with straps that go around the ears or head or both) throughout visit and completion.

7. EMAIL SUBMISSION: The package shall be emailed to: Angel Garay at email: angel.d.garay2.civ@army.mil and Carla Rosario at carla.m.rosario-rivera.civ@army.mil. The qote is due to the Government on or before the time listed SF1442 or as amended via an Amendment. It is the contractor’s responsibility to ensure their quote is received by or before due date and time. Failure to receive the quote package to include Amendments issued by the date and time may be cause for further consideration for award. The quote shall be submitted containing the following:

• Signed SF 1442 back

• Signed All Amendments issued

• Completed Price Schedule CLINS

• Detailed price breakdown – separate document – This is required for evaluation

• Bid Guarantee - The Bid Bond amount shall be twenty percent (20%) of the proposed price. Bidders must use the Standard Form (SF) 24 if providing a bid bond as the bid guarantee. Email quote and documentation submission is authorized.

Include any require information requested by the Solicitation with quotel. Failure to do so, may render the quote as non‐responsive and may not be consider ineligible for award

8. MAIL/HANDCARRIED SUBMISSION: QUOTES MAY BE E-MAILED OR HAND DELIVERED SEE

ABOVE FOREMAIL. IT IS THE VENDOR’S RESPONSIBILITY THAT QUOTE SUBMITTED,

REGARDLESS OF METHOD OF TRANSMISSION, IS RECEIVED IN THIS OFFICE PRIOR TO THE TIME

AND DATE FOR RECEIPT OF OFFER. MAILED QUOTE SHOULD BE SENT TO THE ADDRESS

BELOW:

MISSION AND INSTALLATION CONTRACTING COMMAND

419th CONTRACTING SUPPORT BRIGADE

MICC-FORT BUCHANAN

ATTN: JOSE LOPEZ

34 SOUTH GATE ROAD, SUITE 1104

Fort Buchanan PR 00934-4206

CONTRACTOR IS CAUTIONED THAT THERE MAY BE DELAYS AT THE GATES AND SHOULD ALLOW

ADEQUATE TIME FOR ENTERING THE INSTALLATION TO ENSURE PACKAGES ARE RECEIVED

PRIOR TO THE TIME AND DATE FOR RECEIPT OF QUOTE. ALL INDIVIDUALS MUST HAVE A

PICTURE ID AND NO SUBSTITUTIONS ARE AUTHORIZED. VEHICLES ARE ALSO SUBJECT TO

SEARCH.

9. Prices shall not exceed two decimal places

10. Insurance. FAR Clause 52.228-5, Insurance - - Work on a Government Installation.

In accordance with FAR clause 52.228-5 entitled, “Insurance--Work on a Government Installation” the following minimum amounts of insurance are required.

Workmen’s Compensation* As required by state laws Employer’s Liability Insurance

$100,000 per accident

General Liability Insurance - Bodily Injury Liability

$500,000 per occurrence

Auto Liability Insurance $200,000 per person Bodily Injury

$500,000 per occurrence

Property Damage $20,000 per occurrence

Insurance Certificate shall incorporate in Description Block the following:

a. Contract Number

b. Description of Project

c. Verbiage Exactly as written: “Any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the insurer or the contractor gives thirty (30) days written notice of cancellation or change to the contracting officer.”

Within ten (10) calendar days after contract award, the Contractor shall certify to the Contracting Officer, in writing, that the required insurance has been obtained.

Note: Workers Compensation can be replaced by Fondo del Estado

11. DOING BUSINESS IN PUERTO RICO. Vendors are cautioned to research and get familiarized with requirements of doing business in Puerto Rico (i.e. Sistema Unificado de Rentas Internas (SURI), taxes, etc.

12. The “Equal Employment Opportunity Is The Law” notice (poster) referenced in FAR Clause 52.222-26(b)(3), is located at http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf

13. FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts:

In the performance of this contract, the Contractor shall-

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance

14. NOTICE TO DOD EMPLOYEES AND CONTRACTORS ON PROTECTING CLASSIFIED INFORMATION

AND THE INTEGRITY OF UNCLASSIFIED GOVERNMENT INFORMATION TECHNOLOGY (IT)

SYSTEMS

The recent disclosure of U.S. Government documents by WikiLeaks has caused damage to our national security.

Each DoD employee and contractor is obligated to protect classified information and the integrity of government IT systems in accordance with applicable laws and DoD policies.

Unauthorized disclosures of classified documents (whether in print, on a blog, or on websites) do not alter the documents’ classified status or automatically result in declassification of the documents. To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by DoD employees and contractors, until it is declassified by an appropriate original classification authority.

DoD employees and contractors are reminded of the following obligations with respect to protecting classified information and the integrity of unclassified government IT systems.

DoD employees or contractors shall not access classified information unless they have:

o Received a favorable determination of eligibility for access by an appropriate authority, o Signed an approved nondisclosure agreement, o Demonstrated a need to know the information, and o Received training on proper safeguarding of classified information and on the criminal, civil, and administrative sanctions that may be imposed on an individual who fails to protect classified information from unauthorized disclosure.

DoD employees or contractors shall not remove classified information from official premises or disclose it without proper authorization.

Except as authorized by DoD policy and procedures, DoD employees or contractors shall not, while accessing the web on unclassified government systems (including BlackBerries or other smartphones), access or download documents that are marked classified (including classified documents publicly available on WikiLeaks.org and other websites), as doing so risks putting classified information on unclassified IT systems.

This requirement applies to accessing or downloading that occurs using government computers or employees’ or contractors’ personally owned computers that access unclassified government systems, either through remote Outlook access or other remote access capabilities that enable connection to these government systems.

This requirement does not restrict employee or contractor access to unclassified, publicly available news reports (and other unclassified material) that may in turn discuss classified material, as distinguished from access to the underlying classified documents available on public websites or otherwise in the public domain.

DoD employees or contractors shall refer all public queries on this matter to their servicing Public Affairs office;

they shall neither confirm or deny the presence of classified information in articles or websites in the public domain.

DoD employees or contractors shall refer Congressional queries pertaining to the presence of classified information in articles or websites in the public domain to their servicing Congressional Affairs office.

DoD employees and contractors who believe they have inadvertently accessed or downloaded classified information from a public website via an unclassified government IT system, or without prior authorization, shall contact their information assurance manager (IAM) or information assurance office (IAO) for assistance. Note: In the case of classified documents inadvertently accessed or downloaded from the WikiLeaks website or other websites posting WikiLeaks-related classified documents, the IAM will document each occurrence and delete the affected file (s) by holding down the SHIFT key while pressing the DELETE key for Windows-based systems. No incident report or further sanitization of government IT systems is required. This guidance pertains only to the accessing or downloading of the classified documents described above because of the extent of the compromise and the prohibitive cost of standard sanitization procedures. All other classified spillages must be handled in accordance with existing regulations.

15. After Award: Contractor shall ensure all materials to be install or used in the performance of the work complies with the terms and conditions of the contract as well as Government approval is obtained before any order is placed, as required.

Failure to obtain approval of specific materials/equipment to be used in the performance of the contract and/or other required in the contract, may lead to contractor reworking/purchasing the required item at the contractor’s expense.

Any deviation as a result of the contractor understanding there is a “best practice”, “better material” or “best practice for work, prior approval of the Government is required.

Responsibility of Contractor/Contractor’s Risk: Failure of Timely Submission of required documents for issuance of Notice to Proceed may lead to delays in ordering of materials, increase material prices or materials not being available.

Request Contractor monitor submission of submittals, Request for Information or other documentation sent to the Government. Failure of one or more Government personnel to not respond timely to documents, please send an email to the Contracting Officer.

16. MEDICAL MARIHUANA/CANNABIS: Federal Government prohibits the use of any illegal drugs at Fort Buchanan including medical marihuana/Cannabis. Contractor is responsible to instruct employees to avoid any used or distribution on Fort Buchanan premises. Contractor will be responsible. If any employee is practicing this action, they will be prosecuted as required by the applicable Federal laws at Fort Buchanan.

17. FIREARMS: Essentially, there are no concealed weapons allowed on the installation, with the exception of military and federal law enforcement, who have the authority to carry in the performance of their duties.

Bringing a weapon into a federal building or onto a federal installation is against the law.

This regulation is punitive. Personnel subject to the Uniform Code of Military Justice (UCMJ) who fail to comply with the requirements of this regulation are subject to punishment under the UCMJ, as well as to adverse administrative action and other adverse action authorized by applicable United States Code sections or Federal regulations.

Personnel not subject to the UCMJ who fail to comply with the provisions of this regulation are subject to adverse administrative action or criminal prosecution as authorized by applicable laws of the United States

It does not matter if you have a license to carry a firearm in Puerto Rico or in any other US state. The firearm license does not authorize you to have a firearm on Fort Buchanan.

Failure to abide by the above, may cause further adverse actions against the employee and/or contractor.

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

AWARD OF CONTRACT AND NOTICE TO PROCEED (NTP)

1. Generally, a mobilization period will be authorized at the beginning of the period of performance to allow for pre-construction tasks, submission of the progress schedule (FAR 52.236-15), construction requirements, material submittals and subcontractor agreements).

2. NOTICE TO PROCEED will be given only after approval of required Insurance document IAW 52.228-5.

No billable work shall commence under this contract until after the contractor receives the NTP. this requirement. Therefore, if contractor delays documentation that can lead to delays in the project, a possible withholding percentage of the contractor’s payment may be made. See Statement of Work, Section 1.10 Projec Execution for specifics.

3. PERFORMANCE AND PAYMENT BONDS: Submitted in accordance with FAR 52.228-15. Standard

Forms 25 and 25A are available at http://www.gsa.gov/Portal/gsa/ep/formslibrary.

4. Barring any contingencies beyond the contractor’s control, work shall commence on the job site no later than cited elsewhere in this solicitation following the date of contract award, and all construction and contractual requirements shall be completed no later than the ending date of the period of performance cited elsewhere in this solicitation.

5. INSURANCE REQUIREMENTS: See Instruction to Offerors for specific and FAR 52.228-5, Insurance –

Work on a Government Installation.

6. WORK HOURS: Unless otherwise specified, the Contractor will be permitted to do the work between the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday exclusively.

Federal holidays that fall within the work week will not be considered work days. Whenever a holiday falls on a Saturday or Sunday, the proceeding Friday or following Monday respectively will be observed as a holiday. Prior to the contractor performing the work other than those specified, the contractor shall submit a written request to the Contracting Officer Representative (COR) for approval by the Contracting Officer.

Requests for deviation shall be submitted no less than one (1) week prior to the time the contractor desires to work.

7. Federal Holidays are as follows:

New Year's Day January 1st Martin Luther King Jr. Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Juneteenth Day in June Independence Day July 4th Labor Day First Monday in September Columbus Day Second Monday in October Veteran's Day November 11th

Thanksgiving Day Fourth Thrusday in November Christmas Day December 25th

When a designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. The contractor is NOT entitled to observe installation training holidays or other time off given to Government employees by Executive Order or other lawful order of the President of the United States.

8. Any and all work requested by the contractor outside the normal working hours identified above shall be approved no later than three business days in advance and in writing by the Contracting Officer. Work outside the normal workday will not be granted for the express convenience of the contractor to repair a failing performance schedule. Re-scheduling of work prevented by weather conditions or other circumstances beyond the contractor’s control should be made through a written request for extension of the task order contract period under the authority of 52.236-2, Differing Site Conditions, or 52.249-10, Termination for Default (Fixed-Price Construction).

9. LEGAL COMPLIANCE: The Contractor shall comply with all Federal, State, and Local laws, codes, and regulations applicable to his performance under this contract, and shall be solely responsible for all costs associated with said compliance.

10. PROGRESS SCHEDULES AND REPORTS

a. The progress schedule shall be completed and delivered to the Contracting Officer no later than the 10 Calendar day following the first day that work commences under the contract. In the event of a contract modification a revised progress schedule shall be required. The schedule shall be digitally signed by the Contractor and delivered to the Contract Specialist.

b. The progress schedule will display a time table, in weeks, of the contractor’s method of prosecution ofthe work, and show a percentage and dollar value correlation of each division of work to the whole project (contract) value as finalized. The schedule shall be submitted digitally for Government review and approval. The Contractor will NOT be entitled to bill for progress payments without an approved progress schedule.

c. This scheduling tool used will have the capability to provide project updates that reflect actual %complete as work progresses under the contract. Updates shall accompany bi-weekly progress reports for Government review and approval.

11. WRITTEN GUARANTEES AND GUARANTOR'S REPRESENTATIVE: The Government is entitled to all standard commercially offered warranties/guarantees. The Contractor shall obtain all warranties, have them executed in writing, and furnish them to the Contracting Officer prior to final inspection.

Additionally, the documentation shall include the name, address, and telephone number of the guarantor's representative responsible for the guarantee during the warranted period, and who will provide warranty related services covered by the warranty/guarantee. The existence of any commercial manufacturer’s warranties does not relieve the contractor of responsibilities indentified in FAR clause 52.246-21.

12. CONTRACT DOCUMENTATION (SUBMITTAL) SUBMISSION INSTRUCTIONS (Nov 11):

(a) Within MICC, all contracts awarded after 1 October 2011 are considered paperless contracts. All documents that can be digitally signed by the contractor and submitted electronically via email directly to the contract specialist are considered to meet the criteria for paperless contract files. Payment requests can only be submitted electronically if the program in which they are generated allow for the contractor, the Government POC and the Contracting Officer to sign digitally. If all three signatures are not available for digital signature, the request must be submitted in hard copy to the Contracting Officer.

(b) The email date/time will be used as verification of delivery of documents in the Government's hands.

The specialist will forward (via email) those documents to the appropriate parties for review and approval.

The email date/time stamp will serve as the official time documents are submitted and approved by all parties.

13. PUBLIC RELEASE OF INFORMATION: Contractor and subcontractor personnel shall not publicly (or privately) discuss or release information, photographs, or other documents concerning any aspects of the materials or services relating to this contract or its task orders without the express written approval of the Contracting Officer.

14. RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR AND CONTRACTOR PERSONNEL

a. The Government and the Contractor understand and agree that the services to be delivered under this contract are non-personal services and that no employer-employee or master-servant relationship exists or will exist under the contract between the Government and the Contractor or between the Government and the Contractor's personnel. Further, the Contractor is not the Government's agent.

b. The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not become an integrated part of the Government organization in connection with performance under this contract.

c. The work required under this contract does not require or authorize the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

15. AS-BUILT DRAWINGS: As-built drawings shall be submitted by the Contractor as required and specified elsewhere in this contract. No less than 1% of the contract value shall be retained until such time as the updated as-built drawings are submitted by the Contractor and accepted by the Contracting Officer or authorized representative (COR).

16. REQUEST FOR INFORMATION: All Request for Information (RFI) documentation prior to and after award shall be received by the Contracting Office and approved by the Contracting Officer. No exceptions.

17. REQUIRED INSURANCE

In accordance with FAR clause 52.228-5 entitled, “Insurance--Work on a Government Installation” the following minimum amounts of insurance are required.

Workmen’s Compensation As required by state laws Employer’s Liability Insurance $100,000 per occurrence General Liability Insurance $500,000 per occurrence

Bodily Injury Liability Auto Liability Insurance $200,000 per person Bodily Injury $500,000 per occurrence Property Damage $20,000 per occurrence

Within ten (10) calendar days after contract award, the Contractor shall submit the insurance policies. The policies evidencing required insurance shall contain an endorsement to the effect that “any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or (2) until 30 days after insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer”.

18. SOFB-DOC Form 3000-R-E, Feb 2002: 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.

All material submittals shall be delivered to the Contracting Officer (or authorized representative) in electronic format (as much as is practicable). Only those submittal documents and samples not capable of being transported electronically are to be submitted in hard copy.

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

Project schedules shall be submitted the same as all other submittals and shall be accompanied by a transmittal sheet. The contract specialist (CS) will return the signed schedule and transmittal to the contractors and copy the COR.

Submittal/transmittal sheets with any incorrect or missing information will be rejected immediately without review. Rejection of incorrectly completed transmittals shall not be a basis for consideration for a contract extension.

19. FINAL INSPECTION

a. When the Contractor considers the work complete, they shall request a final inspection 7 days prior to the desired date. Final inspection shall be performed with the Contractor, Government personnel and representatives of the using activity.

b. During the final inspection, any discrepancies identified by the Government team will be documented in the Government’s punch list and provided to the Contractor for correction and re-inspection within 10 days from the date of the joint inspection.

c. Final acceptance of the work occurs upon the Contracting Officer’s acceptance of the work subsequent to successful final inspection by the COR and receipt of all contract requirements. Final acceptance must occur prior to the established contract completion date or liquidated damages may be assessed for late performance.

20. IDENTIFICATION OF EMPLOYEES: The badge requirement shall be as follows:

(a) Furnish each employee on the project site a badge, whether engaged on the work or not.

(b) Require employee to display badge in the chest area of outer clothing.

(c) The minimum requirement for badge is as follows: Contract number; Employer's name; Employee's name; Employee's position (job title); Employee number (each employee shall have a different number).

(d) Show badge (one the Contractor has obtained for an employee) to the Contracting Officer for approval prior to "start work" on this project.

(e) Prior to beginning work on this project, submit to the Contracting Officer a list of issued badges. Update list when Contractor personnel changes are made and prior to any new employees working on site.

(f) Remove employees from project that are not displaying their badges.

(g) Upon completion of the work, and when an employee of the Contractor no longer works on this contract, the Contractor shall collect badges from his employees immediately and submit them to the Contracting Officer within five calendar days. The badges shall become the property of the Government.

21. MATERIAL APPROVAL SUBMITTALS: All materials and articles requiring approval, as indicated on the submittal register, shall be submitted after 10 calendar days after contract award, by the contractor using the forms furnished. See the attached specifications.

22. SAFETY AND ACCIDENT PREVENTION: In performing work under this contract, the contractor shall –

Conform to the specific safety requirements established by this contract;

Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract, the Installation Safety Officer will be responsible for monitoring the contractor in the area of safety and accident prevention;

Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel performing or in any way coming on contact with the performance of this contract;

Take such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes; and shall comply with all OSHA Rules, Regulations and US Army Corps of Engineers Safety and Health Requirements Manual.

23. WORK PERFORMANCE: All work performed under this contract shall conform to the best practices of the trade or class of work involved and shall be executed in a careful and orderly manner by workmen skilled in their respective trades. All work shall be performed in strict accordance with the drawings and/or specifications or to current industry standards when not specified.

24. STORAGE SHED AND ON-SITE ACCOMMODATIONS: The contractor shall provide their own storage shed or trailer for on-site accommodations and for storage of equipment and material. The COR will assign the contractor a location for placement of their shed or trailer. The Contractor will be permitted to use existing utilities at each building location to the extent needed when available to accomplish work on a “no charge” basis. Contractor-owned construction sheds, trailers, offices or other such facilities requiring utility services shall be metered for each utility involved and all costs shall be at the Contractor’s expense.

25. OCCUPANCY: The areas in which the work is to be done may be occupied during the performance of work under this contract unless specified in other area of the contract and/or during the pre-performance meeting. Other maintenance and repair construction may also be concurrently being performed in the building. The Contractor shall not receive any additional compensation due to the conditions brought about by this occupancy and usage by the Government. It shall be the Contractor’s responsibility to coordinate with the Contracting Officer Representative (COR), and to schedule and perform the work in such a manner as to create the least possible interference with the conduct of normal activities within the areas.

The Contractor shall not block more than one access of the building at any time, nor shall he disrupt the existing parking arrangement at any of the building(s) parking areas.

26. CLEANING: The Contractor shall at the end of each working day remove from the site all debris resulting from the performance of work. The debris will not be dumped on Government property unless a non-government owned dumpster issued. If the Contractor uses a dumpster, it shall be emptied before becoming full as to spill onto the surrounding area. The area around the dumpster shall be kept free of debris. The daily cleaning work will not alleviate the Contractor from the responsibility of the final cleaning for acceptance, upon completion of all work.

27. DAMAGE: The Contractor shall be responsible to repair and/or replace any damage caused by the

Contractor at the site of construction, at no additional cost to the Government, and at the discretion of the Contracting Officer.

28. SPEED LIMITS: The Contractor’s personnel, when operating motor vehicles, shall not exceed the specified speed limits to include those when passing military troops on the roadways, and abide by all post speed limits.

29. CONTRACTOR QUALITY CONTROL: The Contractor shall provide and maintain an effective quality control program that complies with the contract clause entitled “Inspection of Construction” (FAR 52.246- 12), the below stated quality control requirements and the quality control requirements stated in the respective section of the specifications.

a. The Contractor shall establish a quality control system to perform sufficient inspection and test of all items of work, including that of the sub-contractors. The quality control system shall ensure conformance with applicable specifications and drawings with respect to materials, workmanship, construction, finish, functional performance and identification. The quality control system will be established for all construction except where the technical provisions of the contract provide for specific Government control by inspections, tests, or other means. The Contractor’s control system will specifically include the surveillance and tests required in the technical provisions of the contract specifications. For purposes of the above description, shop manufacture or standard products are not defined as construction. Quality control personnel shall also be charged with the responsibility of policing Contractor’s Safety Program. This duty shall be clearly set forth in the quality control program.

b. The Contractor’s quality control system is a means of verification that the construction is in compliance with the requirements of the contract plans and specifications. The controls shall be adequate to cover all construction operations, including both on-site and off-site fabrication and shall be keyed to the proposed construction sequenceand shall include as a minimum at least three phases of inspection for all definable items or segments of work as follows:

(1) Preparatory Inspection: To be performed prior to beginning any work on any definable segment of work. To include a review of contract requirements; a check to assure that all materials and/or equipment have been tested, submitted, and approved; a check to assure that provisions have been made to provide required control testing; examination of the work area to ascertain that all preliminary work has been completed; a physical examination of materials and equipment to assure that they conform to approved shop drawings or submittal data and that all materials and/or equipment are on hand. The Contracting Officer shall be notified at least 48 hours in advance of the preparatory inspection and such inspection shall be made a matter of record in the Contractor’s quality control documentation as required by subparagraph c.

(2) Initial Inspection: To be performed as soon as a representative segment of the particular item of work has been accomplished and to include examination of the quality of dimensional requirements.

(3) Follow-up Inspection: To be performed daily or as frequently as necessary to assure continuing compliance with contract requirements, including control testing, until completion of the particular segment work.

c. The Contractor shall maintain current records of all inspections and tests performed on an appropriate approved format to be determined in the pre-construction conference and to be approved by the Contracting Officer. These records shall provide factual evidence that the required inspection or tests have been performed, including type and number of inspections or tests involved; results of inspections or tests;

nature of defects, causes for rejection, etc; proposed remedial action; and corrective actions taken. The Contractor shall not build up or conceal any feature of the work containing uncorrected defects, and payment on deficient items will be withheld until they are satisfactorily corrected or other action has been taken as authorized pursuant to the Contract Clauses entitled “Inspection of Construction”. These records must cover both conforming and defective items and must include a statement that all supplies and materials incorporated in the work are in full compliance with the terms of the contract. Legible copies of these records must be furnished through the Quality Assurance Representative, to the Contracting Officer daily. Records will be verified by the Prime Contractor’s designated representative daily.

d. The Contractor’s job supervisory staff may be used for quality control, supplemented, as necessary, by special technicians or testing facilities to perform all specified tests, balancing adjusting and/or regulating mechanical and electrical devices, equipment and/or systems. As an option, an industry recognized testing laboratory approved by the Contracting Officer, may be used for said testing.

e. The Contractor shall furnish to the Contracting Officer for approval as soon as practicable, and in no event later than seven (7) days after receipt of the Notice to Proceed, an original and four (4) copies of a quality control plan which shall include the personnel, procedures, instructions, and records to be used.

This document will include as a minimum:

(1) The quality control organization.

(2) Qualifications of personnel to be used for this purpose.

(3) Authority and specific areas of responsibilities of each of the quality control personnel.

(4) Methods of performing quality control inspections including that for the subcontractors’ work.

This requires a statement concerning quality control measures to be used in work described in each technical section of the specifications

(5) Designate how testing will be performed either by technicians employed by the Contractor or by an industryrecognized testing laboratory. The following information shall be a part of the quality control plan:

(a) Latest calibration data for concrete testing machines and Marshall Machine where applicable.

(b) Name and qualifications of each employee designated for the performance of specific types of tests.

(c) A list of the control tests which the Contractor understands he is to perform, not only by name, but also by numerical designation, together with a statement to the effect that the laboratory has a copy of each such procedure, and has facilities and serviceable testing equipment to perform these tests.

(d) The Contractor’s understanding of the procedure to be followed if the test results indicate lack of compliance with specification requirements.

(e) A copy of a letter of direction to the Contractor’s Representative responsible for quality control, outlining the duties and responsibilities, and signed by a responsible officer of the firm.

(f) Before construction operations are commenced, the Contractor shall meet with the Contracting Officer, and discuss his quality control plan. The meeting shall develop mutual understanding relative to details of the system, including the forms to be used for recording the quality control operations, inspections, administration of the system, and the interrelationship of Contractor and Government Inspection.

(g) No construction and/or off-site fabrication shall be started until Contractor’s quality control plan is approved. Construction of any feature of the work will only be permitted after approval of the quality control plan, or at least approval of that portion of the plan applicable to the specific feature of the work. As a rule, except for the start of the construction period, quality control of test techniques should be approved by the Contracting Officer prior to their application. The Contractor shall notify the Contracting Officer in writing of any proposed changes to this inspection system. No such change shall be implemented prior to approval in writing by the Contracting Officer.

(h) The contractor is responsible for maintaining an effective quality control system. Recurring deficiencies indicate that the system is not adequate and that the contractor’s performance is failing to meet the government’s minimum acceptable standards. If, in the opinion of the contracting officer, an unacceptable number of deficiencies are occurring in the contractor’s performance, he may direct the contractor to submit, for approval and incorporation under the contract revisions in the quality control plan necessary to correct the defective performance. Failure by the contractor to provide acceptable revisions and/or to improve contract performance may result in the termination of the contract for default.

(i) In the event the Contractor utilizes the service of a commercial testing laboratory, the Contracting Officer reserves the right to check laboratory equipment for compliance with the standards set forth in the contract specifications and to check the laboratory technician’s testing procedures and techniques.

30. DEFINITIONS: Where the words “Special Contract Clauses” or “Special Clauses” appear in tests provisions, the technical specifications, or on contract drawings, shall be taken to mean “Special Contract Requirements”.

Throughout this contract, the word “indicated”, “shown”, or “specified” shall mean, indicated, shown, or specified in the drawings and/or specified in the specifications.

Throughout this contract, the words “as directed” “inspected”, “selected”, or “accepted” shall mean as directed, inspected, selected or accepted by the Contracting Officer Representative (COR). The words, “approved” or “authorized” shall mean approved or authorized by the Contracting Officer.