W912DS20B0001.pdf

Project Title: Invitation for Bid (IFB) Youth Center Annex, Joint Base MDL, New Jersey.

1. 100% Unrestricted Full and Open Competition

2. NAICS Code 236220, Size Standard $39,500,000

3. Project Magnitude Range: $5,000,000 and $10,000,000

4. This project is funded by Non-Appropriated Funds

5. Submit Bids no later than 2:00pm EST on 05 Mar 2020

U.S. Army Corps of Engineers New York District, Contracting Division, Room 16-300 26 Federal Plaza, New York, NY 10278-0090

Erica Miller, Contract Specialist

Due to heighted security at US Government installation, all Bidders are instructed to allow ample time to get through security check point in order to have their bids delived before 2:00pm on the date of the bid opening.

X

ERICA B MILLER 917-790-8121

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

04-Feb-2020

(RFP)

(IFB)

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 _______5 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Specif ications

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 ______________05 Mar 2020 (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 of fers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 16-300

NEW YORK NY 10278-0090

W912DS

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

212-264-3013FAX:TEL: (917)790-8026 TEL: FAX:

W912DS20B0001 126

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Construction of the Youth Center Annex:

FFP

All work, complete, (includes all plant, labor, equipment, material, and security clearances) as described in the plans and specifications except for work included in items below.

FOB: Destination

NET AMT

0002 1 Job Construction of the Youth Center Annex:

FFP

Site work, all work outside the five-foot line of the building perimeter, excluding the items below.

0003 1 Job Construction of the Youth Center Annex:

FFP

Install HVAC Hyper Heat System, complete as identified in the plans and specifications

0004 1 Job Construction of the Youth Center Annex:

FFP

As-Builts Final Record Drawing Submission. Pre-priced CLIN in the amount of $25,000 and is the maximum amount payable.

0005 1 Job Construction of the Youth Center Annex:

FFP

Utility Fees, includes all costs to be paid to JCP&L associated with bringing primary electric service to the project. $50,000 is the maximum amount payable.

Actual payment will be based on actual costs. Allowance amount of $50,000 to be included in bid as shown and not changed.

0006 1 Job OPTION Optional Item #1

FFP

Construction of the Youth Center Annex: Additional parking, all work, complete, as identified in the drawings

0007 1 Job OPTION Optional Item #2

FFP

Hard Surface Installation at the Outdoor Play Area, all work, equipment, complete as identified in the drawings

0008 1 Job OPTION Optional Item #3

FFP

Installation of a Play Surface and the Playground equipment, complete as described in the plans and specifications.

0009 1 Job OPTION Optional Item #4

FFP

Purchase, deliver, and install all furnishings, applications, and equipment, as shown in the table on Drawing A8.02 and also described in FF&E package

0010 1 Job OPTION Optional Item #5

FFP

Install furnishings and appliances (GFCI) only for items as shown and designated in the table on Drawing A8.02 and described in FF&E package FOB: Destination

NET AMT

TOTALS SECTION

TOTALS SECTION

BASE TOTAL AMOUNT (CLIN 0001-0005) _________

TOTAL OPTIONAL AMOUNT (CLIN 0006-0010) _________

BASE PLUS OPTIONAL ITEMS (CLIN 0001- 0010) ______________

1. Bidders are required to bid on all the Base Bid Line Items and all Optional Bid Line Items or their bids will be rejected.

2. Bidders are reminded that they must bid on the issued plans and specifications as amended. Any deviations, conditions or attachments made by the bidder himself, thereto, may render the bid non-responsive and be cause for its rejection.

3. CLIN 0004 and CLIN 0005 are pre-priced at $25,000.00 and $50,000.00, respectively, and these prices shown may not be changed.

4. The Basis of Evaluation will be the lowest responsive, responsible bid based on the Total Amount which includes the Base Bid Items plus all the Optional Bid Items (Line Items 0001 thru 0010).

5. Options 1 thru 3: At any time within 210 calendar days after issuance of the Notice to Proceed of the contract, the Government at its option, may direct the Contractor, by written order, to perform the work and/or services provided under this Option. Execution of this option will not alter the project completion date of the contract.

6. Option 4 and 5: At any time within 300 calendar days after issuance of the Notice to Proceed of the contract, the Government at its option, may direct the Contractor, by written order, to perform the work and/or services provided under this Option. Execution of this option will not alter the project completion date of the contract.

7. The Bid Acceptance Period is as stated on Standard Form 1442.

NOTES:

Section 00 21 13 - Instructions to Bidders

SECTION 00 21 13

SECTION 00 21 13

The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD Contracts. The Contractor Performance Assessment Reporting System (CPARS) is a web-enabled application theSupports the completion, distribution and retrieval of all contract performance evaluations. Contractor Representatives are responsible for reviewing and commenting on evaluations submitted on the Contractor Performance Assessment Reporting System (CPARS) website at https://www.cpars.gov/index.htm.

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts In addition to complying with the requirements outlined in FAR Part 22 .13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S.

Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in the 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 Heros Act http://benefits.va.gov/vow/ Army Wounded Warrior Program http://wtc.army.mil/modules/employers/index.html U.S. Chamber of Commerce Foundation-Hiring Our Heros http://www.hiringourheroes.org/ Guide to Hiring Veterans-Reference Material http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_guide_to_hiri ng_veterans_0.pdf

GENERAL INSTRUCTIONS

Electronic Submission: In addition to the hard copies required in block 13 of the Standard Form 1442, the offeror shall submit his proposal on a CD-ROM. Written portions of the proposal shall be in MS Word or Adobe Acrobat PDF format. The electronic version shall be either a single file tabbed in the same order as the hard copy or multiple files hyperlinked to a single table of contents. Any portion of the proposal not available in electronic format i.e. cut sheets, if applicable should be scanned in Adobe Acrobat format, thus making it available electronically. The CDROM must be clearly labeled by solicitation number, project name, installation, and offeror’s name. The CD-ROM shall be marked with a label stating “Unclassified/Controlled Unclassified Info.: In the event of any conflict between the electronic submission and the hard copy submission, the hard copy submissionwill govern and will be the material upon which the Government bases its evaluation and ultimately, its decision.

Electronic media may be submitted in an un-editable format.

OPSECReferences:

- Department of Defense Instruction (DoDI) O-2000.16, Vol. 1 DoD Antiterrorism (AT) Standards, 17 Nov 16, par.3.20, Std 18

- Air Force Instruction (AFI) 10-245-O, Antiterrorism (AT) Program Implementation, 18 Jul 17, par. 3.20, Std 18

- Defense Federal Acquisition Regulation Supplement (DFARS), current DoD AT security requirements for defense contractors

- Joint Publication 3-07.2 Antiterrorism Terrorism is defined as:

The calculated use of unlawful violence or threat of unlawful violence to inculcate fear; intended to coerce or tointimidate governments or societies in the pursuit of goals that are generally political, religious, or ideological.

Antiterrorism - As a prelude and during performance of any contract, it is critical that the Contractor be supportive of all Department of Defense (DoD) requirements to protect personnel and their families, installations, facilities,information, and other resources from terrorist acts.

1. All Contractors and Sub-Contractors are responsible for providing their personnel information on the Joint Base McGuire-Dix-Lakehurst (JB MDL) Antiterrorism Program (AT). All contractors and sub-contractors will review the JB MDL AT Awareness Guide for Contractors pamphlet. During performance of work, personnel security and protection of resources is critical for the installation to maintain a safe and secure work environment. Contractors and contracted personnel will be alert for any suspicious activities while on the installation. If any situation appears to be suspicious, immediate actions must be taken to properly notify the 87th Security Forces Squadron (SFS) Emergency Control Center (ECC) at 609-754-6001.

2. Contractors must ensure that contracted personnel and vehicles are strictly controlled during performance of duty. For instance, contractors shall use reasonable efforts to prevent any personnel or equipment from being placed in harm’s way or in a position that could aid or abet terrorists.

3. It is strongly recommended that all contracted personnel take the computer-based training (CBT) for the DoDapproved Antiterrorism Level I Training at http://jko.jten.mil/courses/atl1/launch.html. Contractors are encouraged to contact the JB MDL Antiterrorism Office at 609-562-5362 for information regarding the installationAntiterrorism Program.

4. Force Protection Condition (FPCON) Impact on Work Levels: If the JB MDL FPCON level is elevated to Charlie, the installation shall evaluate the need for contract services to be discontinued. At FPCON Delta, servicesare discontinued. Services shall resume when the FPCON level has been lowered.

Administrative Note: In the event of an emergency, dial 9 1 1 from any land line on the installation. The call will be routed to the ECC (609-754-6001) on the Joint Base. If you use a cell phone and dial 9 1 1, you will be routed to the county 9 1 1 dispatch (Burlington County for McGuire and Dix or Ocean County for Lakehurst) and must inform thedispatcher that you are on JB MDL (i.e. McGuire, Dix, or Lakehurst). The county dispatcher will route your calldirectly to the JB MDL ECC. Combating Trafficking in Persons (CTIP), DoDI 2200.01, 5 Apr 17

• Trafficking in persons (TIP) is defined as the recruitment, transportation , transfer, harboring, or receipt of persons by means of threat, use of force, coercion, abduction, fraud, deception, abuse, or exploitation

• Second largest criminal activity in the world

• DoD has established a ZERO tolerance for Trafficking In Persons

REMEMBER IF YOU SEE SOMETHING – SAY SOMETHING

REPORT SUSPICIOUS ACTIVITY TO 87 SFS AT 609-754-6001

All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities,controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. ATLevel I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verificationrequirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy.

In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following:

(1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physicalaccess to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more.

At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190- 13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as

NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

All US based contractor employees and associated sub-contractor employees traveling overseas will receive the government provided AOR specific AT awareness training. The documentation of training completion must be provided to the COR prior to departure.

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites:

https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer inpresentation form which will be documented via memorandum.

All contract employees, including subcontractor employees who are not in possession of the appropriate securityclearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitivematerials and/or sensitive or restricted areas.

NAF STATEMENT:

This is a non-appropriated fund purchase and it does not obligate appropriated funds of the United States Government. Non-appropriated funds are generated by the military community through the sale of goods and services and the collection of fees and charges for participation in military community programs. This purchase does not involve federal tax dollars.

SAM REGISTRATION:

System for Award Management (SAM) Registration. In order to eligible for award, offerors must be registered in SAM and shall complete Representations and Certifications in the system:

https://www.sam.gov/.

If you are registering a new entity in SAM.gov, you must provide an original, signed notarized letter stating that you are the authorized Entity Administrator before your registration will be activated. Content of the letter and mailing address may be found the sam.gov website.

Entities registered in SAM are advised to log into SAM and review their registration information, particularly their financial information, no later than 29 Apr 2018. Contact the supporting Federal Service Desk at www.fsd.gov, or by telephone at 866-606-8220 (toll free) or 334-206-7828 (internationally) Monday through Friday from 8 a.m. to 8 p.m. (EDT), for FREE assistance. Entities are responsible for ensuring that their information is current and correct in SAM.

FINANCIAL DATA:

Request for such information does not constitute contract award. Prior to award, an offer’s financial information may be used to support a responsibility determination in accordance with NAF Procurement Policy and Procedure Para 7(b)(7). Offerors must submit:

Name, address, and point of contract for all financial institutions / organizations utilized by the offeror. These organizations may be contacted by the NAFI to determine if the offeror has adequate financial resources to perform the contract.

Written authority for the Government personnel to contact the financial institution.

CONTRACTOR RESPONSIBILITY:

Prior to an award, an offeror may be requested to provide business information for the purpose of a responsibility determination in accordance with AF Manual 64-302, Paragraph 6.10. Failure to provide requested information may result in a determination of non-responsibility, and the offeror would then be considered ineligible for award

CLAUSES

INSPECTION OF CONSTRUCTION (NOV 2004) (BE-003)

(a) Definition. "Work" includes, but is not limited to materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under this contract conforms to contract requirements. The contractor shall maintain complete inspection records and make them available to the NAFI. All work shall be conducted under the general direction of the Contracting Officer and is subject to NAFI inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) NAFI inspections and tests are for the sole benefit of the NAFI and do not-

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance.

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the NAFI after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a NAFI or Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonable needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The NAFI may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The NAFI shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the NAFI not to conform to contract requirements, unless in the public interest the NAFI consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the NAFI may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the NAFI decides to examine already completed work by moving it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the NAFI shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the NAFI's rights under any warranty or guarantee.

(End of clause)

Section F (Deliveries and performance)

BF.003 LIQUIDATED DAMAGES-CONSTRUCTION (NOV 2004)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the NAFI in the amount of $1,275.00 for each calendar day of delay until the work is completed or accepted. The Second Tier demurrage shall be assessed at the rate calculated below in the event the contractor fails to complete documented punchlist items after the date of beneficial occupancy = $319.00 for each calendar day of delay

(b) If the NAFI 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)

BF.007 SUSPENSION OF WORK (NOV 2004)

(a) The Contracting Officer may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the NAFI.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified) an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly.

However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date the final payment under the contract.

Section 00 72 00 - General Conditions

CLAUSES

CLAUSES

52.228-1 Bid Guarantee.

As prescribed in 28.101-2 , insert a provision or clause substantially as follows:

Bid Guarantee (Sept 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds-

(1)To unsuccessful bidders as soon as practicable after the opening of bids; and

(2)To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d)If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e)In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

BI.001 DEFINITIONS (NOV 2004)

(a) "Head of the agency" (also called "agency head"), including any deputy or assistant chief official of the agency;

and the term "authorized representative" means any person, persons, or board (other than the Contracting Officer) authorized to act for the head of the agency or Secretary.

(b) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

(c) "Commercial Item" means a product or a service (e.g., items, supplies, materials, components) sold or traded to the general public in the course of conducting normal business operations at established catalog or market prices.

(d) Except as otherwise provided in this contract, the term "subcontracts" includes, but is not limited to, purchase orders, changes, and modifications to purchase orders under this contract.

BI.002 NONAPPROPRIATED FUND INSTRUMENTALITY (NOV 2004)

The Nonappropriated Fund Instrumentality (NAFI), which is party to this contract, is a nonappropriated fund instrumentality of the Department of the Army. NO APPROPRIATED FUNDS OF THE UNITED STATES

SHALL BECOME DUE OR BE PAID THE

CONTRACTOR BY REASON OF THIS CONTRACT. This contract is NOT subject to The Contract Disputes Act of 1978.

BI.004 PROTECTING THE NAFI’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED OR PROPOSED FOR DEBARMENT

(DEC 2010)

(a) The Government suspends or debars Contractors to protect the Government’s/NAFI's interests. The Contractor shall not enter into any subcontract in excess of $30,000 with a Contractor that is debarred, suspended, or proposed for debarment unless there is a compelling reason to do so.

(b) The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed $30,000, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.

(c) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the Excluded Parties List System). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being in the Excluded Parties List System.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion in the Excluded Parties List System.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the NAFI's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.

BI.006 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (NOV 2004)

The Contractor will be required to (a) commence work under this contract within five calendar days after the date of receipt by him of notice to proceed, (b) to prosecute work diligently, and (c) to complete the entire work, ready for use not later than the time specified in the terms of the contract. The time stated for completion shall include final clean up of the premises.

BI.007 TIME EXTENSIONS (NOV 2005)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of the contract. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

BI.010 INVOICES (APR 2011)

(a) An invoice is a written request for payment under the contract for supplies delivered or for services rendered. In order to be proper, an invoice must include as applicable the following:

(1) Name and address of the contractor.

(2) Invoice date.

(3) Contract number or other authorization for supplies delivered, services performed (including order number and contract line item number).

(4) Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed.

(5) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government/NAFI bills of lading.

(6) Name and address of contractor official to whom payment is to be sent (must be the same as that on the contract or on a proper notice of assignment).

(7) Name (where applicable), title, phone number, mailing address of person to be notified in event of defective invoice.

(8) Any other information or documentation required by the contract (such as evidence of shipment). Invoices shall be prepared and submitted in duplicate (one copy shall be marked "original") unless otherwise specified.

(b) For purposes of determining if interest begins to accrue under the Prompt Payment Act (Public Law 97-177, as amended).

(1) A proper invoice will be deemed to have been received when it is received by the office designated in the contract for receipt of invoices and acceptance of the supplies delivered or services rendered has occurred;

(2) Payment shall be considered made on the date on which check for such payment is dated;

(3) Payment terms (e.g., "net 20") offered by the contractor will not be deemed a "required payment date"; and

(4) The following periods of time will not be included:

(i) after receipt of an improper invoice and prior to notice of any defect or impropriety, but not to exceed 7 days (3 days on contracts for meat food products, and 5 days on contacts for perishable agricultural commodities, dairy products, edible fats or oils and food products prepared from edible fats or oils);

and

(ii) between the date of a notice of any defect or impropriety and the date a proper invoice is received. When the notice is in writing, it shall be considered made on the date shown on the notice.

(5) If the NAFI makes payment by Electronic Funds Transfer (EFT) (see applicable contract clause). In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purposes of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

BI.011 EXAMINATION OF RECORDS (NOV 2005)

(a) The Contra`ctor agrees that the Contracting Officer or the Contracting Officer's duly authorized representative shall have the right to examine and audit the books and records of the Contractor directly pertaining to the contract during the period of the contract and until the expiration of three years after the final payment under the contract.

(b) The Contractor agrees to include the clause in (a) above, in all subcontracts.

BI.012 INSURANCE-WORK ON A GOVERNMENT INSTALLATION AND/OR OTHER NAFI

LOCATIONS (NOV 2005)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract, in no event shall the amount be lesser than the minimum requirements established by applicable state and local regulations and laws.

(b) Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the NAFI's interest shall not be effective (1) for such period as the laws of the States in which the contract is to be performed prescribed at (2) until 30 days after the insurer of the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of the clause, including this paragraph (c), in subcontracts under the contract that requires a work on a Government installation and/or other NAFI location and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. At least five days before entry of each such subcontractor's personnel on the Government installation, the Contractor shall furnish (or ensure that there has been furnished) to the Contracting Officer a current certificate of insurance meeting the requirements of paragraph (b) above, for each subcontractor.

BI.025 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

(a) Definition..“Site of the work”.

(1) Means.

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is.

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided.

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project;

and

(ii) They are adjacent or virtually adjacent to the “primary site of the work” as defined in paragraph (a)(1)(i), or the “secondary site of the work” as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the “site of the work.” Such permanent, previously established facilities are not a part of the “site of the work” even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost.

Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Construction Wage Rate Requirements statute on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees.

Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed.

(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this clause) and the Construction Wage Rate Requirements (Davis-Bacon Act) poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers.

(c)(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination.

(ii) The classification is utilized in the area by the construction industry.

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the:

Wage and Hour Division Employment Standards Administration U.S. Depart ment of Labor Washington, DC 20210

The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to paragraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Construction Wage Rate Requirements statute have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

BI.026 WITHHOLDING OF FUNDS (MAY 2014)

The Contracting Officer shall, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Prime Contractor, or any other federally assisted contract subject to prevailing wage requirements, which is held by the same

Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

BI.027 PAYROLLS AND BASIC RECORDS (MAY 2014)

(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) (Construction Wage Rate Requirement statute)), daily and weekly number of hours worked, deductions made, and actual wages paid.