W912DW-16-R-0008-AMND2_.pdf

W68MD963230496

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

1. CONSTRUCTION WAGE RATE REQUIREMENT STATUTE UPDATES FROM FY16 TO FY17 FOR BASE CONTRACT AWARD AND SEED

PROJECT TASK ORDER.

2. REVISION TO CAUTION TO OFFERORS INSTRUCTIONS TO CORRECT REFERENCE OF VETS REPORTING.

3. EXTEND PROPOSAL DUE DATE FROM 11 JANUARY 17 AT 2PM LOCAL TIME TO 13 JANUARY 17 AT 2PM LOCAL TIME.

1. CONTRACT ID CODE PAGE OF PAGES

J 1

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

16C. DATE SIGNED

BY 10-Jan-2017

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 W912DW-16-R-0008

X 9B. DATED (SEE ITEM 11)

09-Dec-2016

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

10-Jan-2017

CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CECT-NWS

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

* ALL DOCUMENT CHANGES ARE HIGHLIGHTED IN RED

W912DW-16-R-0008

(End of Summary of Changes)

The following items are applicable to this modification:

Amendment 002 to Solicitation W912DW-16-R-0008 is hereby issued to revise the following:

1) Incorporate and revise Construction Wage Rate Requirement Statutes as reflected in Section 00 73 00 as follows:

From:

Construction Type

Decision Number

JBLM Highway WA160001 JBLM Heavy WA160097 JBLM Building WA160038 Yakima Building WA160045 Yakima Heavy WA160104 Yakima Highway WA160001

To:

Construction Type

Decision Number

JBLM Highway WA170001 JBLM Heavy WA170097 JBLM Building WA170038 Yakima Building WA170045 Yakima Heavy WA170104 Yakima Highway WA170001

Service Contract Labor Standards will also be updated at time of contract award as previously stated in section 00 73 00.

2) Amend the Vet Reporting Requirement listed under “CAUTION TO OFFERORS” to correctly reflect the most recent documentation requirement per the DOL website. The following changes are hereby incorporated into this solicitation via this amendment:

From:

12. VETS-100: Offerors must ensure they comply with FAR Provision 52.222-38, Compliance with Veteran's Employment Reporting, prior to submission of their proposals. The Contracting Officer will check with the Department of Labor prior to award to ensure reporting is current.

Award cannot be made to an Offeror who is not in compliance with this requirement.

To:

12. VETS-4212: In accordance with FAR Subpart 22.1303, all firms must complete their VETS-4212 report. Information can be found at the Department of Labor website http://www.dol.gov/vets/programs/fcp/main.htm , or call the service center at 1-866-237- 0275; be prepared to provide the company name, employer identification number (EIN), and DUNs number.

3) Extend the proposal due date as follows:

From: 11 January 2017 at 2:00PM Local Time

To: 13 January 2017 at 2:00PM Local Time

All other terms and conditions under this solicitation remain unchanged.

INFO PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 11-Jan-2017 02:00 PM to 13-Jan-2017 2:00 PM.

The following have been modified:

** CAUTION TO OFFERORS **

1. Business Hours for the Seattle District Corps of Engineers are from 8:00 A.M. to 4:30 P.M., Monday through Friday. Before signing and mailing your offer, please take note of the following, as failure to perform any one of these actions may cause your offer to be rejected:

2. Amendments: Have you acknowledged receipt of ALL amendments to this solicitation on the Standard Form 1442, Back, Block 19. If in doubt as to the number of amendments issued, please contact either Amy Woolridge at (253) 967-4237 or via email at amy.a.wooldridge@usace.army.mil or the Contracting Officer, Elke Neal at 966-4359 or via email at elke.h.neal@usace.army.mil. If any of the amendments to this solicitation furnish amended sections, the amended sections must be used when submitting your offer.

3. Proposal Submission: Have you provided both Volume 1 (Non-Cost Proposal) and Volume 2 (Price Proposal), including all documents as specified in Section 00 24 00?

4. Bid Guarantee: Sufficient bid guarantee in proper form and amount must be furnished with your offer. See Section 00 21 00, FAR 52.228-1.

5. Bonding Capability: Have you provided a letter from your surety identifying that you have minimum project bonding of $5,000,000 and aggregate bonding of $12,000,000.

6. Mistake in Offer: Have you reviewed your offer price for the Seed Project for possible errors in calculation or work left out?

7. Offer Acceptance Period: The minimum offer acceptance period is specified in Block 13D of the SF1442, Solicitation, Offer and Award. Please ensure that you allow at least the stated number of calendar days for the Government to accept your offer.

8. Submitting Offers: Block 13A specifies the due date/time for submission of your offer.

Section 00 21 00, paragraph 1.8 specifies the location to which offers shall be submitted.

Offers must arrive at the designated location by the exact time and date as specified in this solicitation, or they will be considered "late" and will not be considered except in accordance with the limitations in FAR 52.215-1(c)(3). Proposals may be either hand delivered, or submitted through a common carrier such as FedEx, UPS, etc.

NOTE A: THE U.S. POSTAL SERVICE DOES NOT DELIVER TO THIS OFFICE.

NOTE B: On 1 May 2016, JBLM began enforcing the provision of the Real ID Act of 2005.

Under provisions of this act, a standard driver’s license or ID card issued by any of the following states is not accepted for unescorted access to JBLM: Minnesota, Missouri and Washington.

Persons requesting unescorted access to JBLM and who present a standard license or ID from one of those states will be required to present additional documentation to verify their identity prior to being allowed access to JBLM. The list of acceptable documents to present along with a

Standard driver’s license or ID card issued by one of those states include: DoD CAC, DoD Uniformed Services Identification and Privileges Cards, U.S. Passport or U.S. Passport Card, VA Issued Health Card, U.S. Coast Guard Merchant Mariner Card, Transportation Worker ID Card (TWIC) issued by DHS, U.S. Government issued, authenticated Federal PIV credentials. US Military or Draft Record containing name and DOB. A full list can be found http://www.lewis-mcchord.army.mil/ under Access to JBLM. The Washington State enhanced driver license is acceptable. (See Section 2100, paragraph 1.6 for additional information.)

9. RFP Results: A Request for Proposals (RFP) is a competed procurement. Participants will be notified via letter as to the status of their offer.

10. System for Award Management (SAM): Registration within the SAM database is required prior to award of any contract. If the Offeror does not become registered in the SAM database prior to award of any contract, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.

11. Representations and Certifications: Please note the requirements of Section 00 45 00.

Offerors shall complete electronic annual representations and certifications online at http://www.sam.gov/ in conjunction with required registration in the System for Award Management (SAM) database. Representations & Certifications must be completed and/or updated by the date and time offers are due. Offerors should take note that there are other provisions in Section 00 45 00 that require a response to be furnished with your offer. NOTE: In May 2012 the System for Award Management (SAM) replaced the Central Contractor Registration (CCR) database. Several of the clauses and provisions in this solicitation still reference CCR rather than SAM. Any reference to “Central Contractor Registration” shall be read to mean “System for Award Management.

12. VETS-100: Offerors must ensure they comply with FAR Provision 52.222-38, Compliance with Veteran's Employment Reporting, prior to submission of their proposals. The Contracting Officer will check with the Department of Labor prior to award to ensure reporting is current.

Award cannot be made to an Offeror who is not in compliance with this requirement.

12. In accordance with FAR Subpart 22.1303, all firms must complete their VETS-4212 report.

Information can be found at the Department of Labor website http://www.dol.gov/vets/programs/fcp/main.htm , or call the service center at 1-866-237-0275;

be prepared to provide the company name, employer identification number (EIN), and DUNs number.

SECTION 00 73 00 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SECTION 00 73 00

SPECIAL CONTRACT REQUIREMENTS

TABLE OF CONTENTS

(Includes information applicable to both the Base Contract and awarded Task Orders (TOs)

PARAGRAPH PARAGRAPH TITLE

1 PURPOSE & SCOPE OF SERVICES

2 PERIOD OF SERVICE

3 COMPENSATION & MINIMUM GUARANTEE

4 ORDERING PROCEDURES FOR INDIVIDUAL TASK ORDERS

5 CONSTRUCTION WAGE RATE REQUIREMENT STATUTE

6 SERVICE CONTRACT LABOR STANDARDS

7 COST AND PRICING DATA REQUIREMENTS

8 PER DIEM RATE

9 LIMITATION OF PAYMENT FOR DESIGN SEVICES

10 DESIGN REVIEWS

11 SHOP DRAWINGS AND SUBMITTALS

12 PLANS AND SPECIFICATIONS

13 PHYSICAL DATA

14 PERFORMANCE AND PAYMENT BONDS

15 ADDITIONAL LIQUIDATED DAMAGES – TASK ORDERS

16 REQUIRED INSURANCE

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE

SCHEDULE

18 GOVERNMENT FURNISHED PROPERTY

19 EVALUATION OF CONTRACTOR PERFORMANCE

20 RECOVERED MATERIALS

21 FORCE PROTECTION

22 ACCOUNTING FOR CONTRACTOR SERVICES

CONTRACTOR SUPPLY AND USE OF ELECTROINIC

SOFTWARE FOR PROCESSING CONSTRUCTION WAGE RATE

CERTIFIED LABOR PAYROLLS

FAIR OPPORTUNITY & ORDERS UNDER MULTIPLE AWARD

CONTRACTS

25 CONTRACTOR PERFORMANCE REQUIREMENTS

26 KEY PERSONNEL

27 TASK ORDER MAGNITUDE OF CONSTRUCTION

28 APPENDIX A

SECTION 00 73 00

SPECIAL CONTRACT REQUIREMENTS

1. PURPOSE AND SCOPE OF SERVICES.

The intent of this Indefinite-Delivery, Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), for Miscellaneous Electrical Repair and MINOR Construction Work in support of Joint Base Lewis McChord (JBLM) and its sub-installations, and locations in the States of Washington, Oregon, Montana and Idaho, to provide work in support of the Directorate of Public Works (DPW) activities Headquartered at (JBLM) and in support of those customers under the Seattle District Corps of Engineers. During the life of the awarded contract period, the Government will identify tasks required to complete each specific job, by issuing Requests for Proposals (RFPs), to all awarded MATOC Contractors under subject IDIQs.

Contractors shall be required to furnish all materials, equipment and personnel necessary to manage and accomplish TOs, which will be awarded under the Base IDIQ contracts. TOs will range between, $2.5K up to $5M. However, the majority of TOs will be under $3M. TOs awarded, under subject MATOC IDIQs, will be mainly be for minor construction and electrical exterior and internal repair disciplines. Interior work includes replacement, installation and relocation of circuits, panel boards, meter bases, main distribution panels, lighting and electrical equipment. Exterior work may include replacement, installation and relocation of underground and overhead distribution feeders and laterals (13.kV), transformers, disconnects, cutouts, lighting (including airfield lighting systems and components), poles and appurtenances, raceways, and electrical distribution substation components. Associated incidental carpentry, excavation, concrete & paving work, site restoration (e.g. landscaping, hydro-sampling, etc.), painting, fencing, demolition, low voltage electrical (i.e. less than 50VAC, including fire alarm, Intrusion Detection Systems (IDS), Supervisory control and data acquisition (SCADA), and communications), ACM and LBP testing & abatement, and environmental clean-up may be required with the interior/exterior task orders. The work will comprise of approximately 90% construction & repair and 10% service over the duration of the five-year MATOC.

2. PERIOD OF SERVICE.

The Base contract will be awarded. One (1) year from the date of Contract execution. The Contract will include four (4) option periods of one (1) year each in addition to the base year.

The total contract period shall not exceed five (5) years, unless it is decided to execute the six (6) month extension under the base contract. The four (4) optional years will be exercised in accordance with Contract Clause entitled, “Option to Extend the Term of the Contract” FAR 52.217-9 in Section 00 72 00. Each extension shall be evidenced by modification to this agreement, which may include revisions in (a) other terms as desired by the parties hereto, (b) applicable wage rates, and (c) revisions necessitated by mandatory statutes, executive orders, and applicable regulations. The maximum value of all awarded contracts for the five (5) years will not exceed $45,000,000. Notwithstanding the above, the ordering period shall automatically end upon one year absent an extension. The expiration or termination of the ordering period shall not affect any TOs issued during the effective period of this agreement, unless deemed necessary and/or in the best interest of the Government.

3. COMPENSATION AND MINIMUM GUARANTEE

Contractors will be paid for progress under awarded TOs and services ordered and accepted in accordance with the Contract Clauses entitled, "Payments Under-Fixed-Price Construction Contracts" (FAR 52.232-5) and "Prompt Payment for Construction Contracts" (FAR 52.232-27) under SECTION 00 72 00. The Government is not obligated to fund the maximum cumulative dollar amount at time of contract award. Funds will be obligated at time of award of each TO, on an individual basis. The Government intends to award the guaranteed minimum amount of $2,500 at time of award of the base contract. At time of exercising an Option Year, there is no requirement to fund the option years. Should the contractor not receive any TOs during the five (5) year contractual period, the Government has met their requirement by awarding the guaranteed minimum at time of award. The Government's liability shall not exceed $45,000,000 for the life of the contract.

4. ORDERING PROCEDURES FOR INDIVIDUAL TASK ORDERS

a. Requests for Proposals (RFPs). When the Government requires work under the Electrical MATOC IDIQ, an RFP will be issued to all prospective offerors. The RFP will include a Statement of Work (SOW) describing the work to be performed, any special instructions and conditions, specifications and/or drawings, guide specifications, attachments, information pertaining to a site visit, submission of any required bid, performance and payment bonds (if applicable), and any other requirements necessary for submission in order to award a TO for the requesting agency. In the event an offeror is unable to submit an offer in response to a TO order RFP, the offeror(s) shall immediately notify the Contracting Officer (KO) in writing, to the reasoning of not being able to submit an RFP.

b. Competition. All TOs will be awarded based on competition amongst the MATOC pool of awarded contractors, under Firm-fixed Lowest Price Technically Acceptable (LPTA) pricing with comparison to the Independent Government Estimate (IGE).

c. Site-Visits. Offeror’s attendance at walk-throughs are considered vital for the preparation of cost effective offers and to obtain a better understanding of the project at hand. This will also allow offerors, to submit questions via ProjNet, if there are unanswered questions during the site visit. Failure to attend the site visit may in turn end up offerors submitting incomplete and/or miscalculation in offers. The Contractor will not be reimbursed for attendance during site visits, or other pre-task order costs.

d. Evaluation Procedures and Award for Individual Task Orders.

1. Each task order RFP will describe specific criteria utilized in evaluating TO proposals.

2. Proposals will be evaluated using the LPTA procedures, as described at FAR Part 15.101-2.

The level of Technical Acceptability of the RFP will, in most cases, be determined by validation that:

b. The Offeror’s proposal meets all RFP technical proposal requirements and in accordance with established under the Fair Opportunity Ordering Procedures.

3. Proposal submission requirements for individual Task Orders. The Contractor shall prepare proposals in accordance with the requirements of the individual task order RFP and this MATOC. All contractors must be able to perform a minimum of 51% of the electrical work in-house for all projects awarded under these MATOC contracts.

4. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

5. When Option CLIN’s are included in the Pricing Schedule under the RFPs, the following criteria will apply: Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interest, the Government will evaluate offers for the purpose of awarding TOs by adding the total price for all Options to the total price for the basic requirement.

Evaluation of option(s) will not obligate the Government to exercise the options(s).

6. Whenever possible, award will be made without discussions. If the Contracting Officer deems it necessary while reviewing proposals that discussions are needed with all Offerors prior to TO award, each MATOC Contractor will be requested to submit a final proposal revision, unless eliminated or otherwise removed from the competition through establishment of a competitive range. The awarded task order will be firm-fixed “lump sum” price with a specific completion date.

7. T.Os will be issued on a DD Form 1155. The task order becomes binding when the Government accepts the Contractor’s proposal. A Notice to Proceed (NTP) may be issued concurrently with award or separately after receipt of acceptable performance and payment bonds (if applicable).

Should a modification to the task order involve an increase in pricing to the total task order, the Contractor shall submit an adjusted payment and/or performance bond(s) to accommodate the increase in pricing for the total of the Task Order. It is up to the discretion of the Contractor to submit a revised payment and/or performance bond if the modification to the Task Order involves a price decrease. A Seattle District Corps of Engineers’ Contracting Officer is the only individual authorized to issue task orders under this MATOC.

8. T.O. Ombudsman. If the Contractor believes it is not being fairly considered for a Task Order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the U.S. Army Corps of Engineers (USACE) Ombudsman at the following address: Headquarters, U.S. Army Corps of Engineers, Attention: Principal Assistant Responsible for Contracting, CEPR-ZA (USACE Ombudsman, 441 G Street NW, Washington D.C. 20314. The Ombudsman will review the Contractor’s complaint and, in coordination with the Contracting Officer, ensure that the Contractor is afforded a fair opportunity to be considered for task orders, consistent with the procedures in the base contract.

In accordance with FAR 16.505(b)(6), the following individual(s) has been appointed as PRIMARY OMBUDSMAN respectively for NORTHWEST USACE:

Denver S Heath Regional PARC U. S. Army Corps of Engineers 1100 Commerce St. Room 824 469-487-7151 Denver.S.Heath@usace.army.mil

5. CONSTRUCTION WAGE RATE REQUIREMENT STATUTE/ GENERAL WAGE

DECISIONS (Formerly know as Davis Bacon)

The Construction Wage Rates as shown below will be incorporated at time of award and shall be utilized for all Task Orders issued under this contract for the base and option periods that are considered construction.

Construction Type

Decision Number

JBLM Highway WA170001 JBLM Heavy WA170097 JBLM Building WA170038 Yakima Building WA170045 Yakima Heavy WA170104 Yakima Highway WA170001

All Wage Determinations for a given year (base or option) of an IDIQ contract are established at the time of award of the IDIQ contract or exercise of the option. When it is necessary to add a Construction Wage decision not included in this contract, the applicable wage decision may be added by modification to either the contract or, if not anticipated to be utilized on a regular basis, to the individual Task Order. Each individual task order RFP will specify which of the above wage rates incorporated into the base contract is applicable to the work under that specific task order. The appropriate wage determination for a Task Order in a location other than JBLM or YTC (Other areas of Washington State as well as in States of Idaho, Oregon, and Montana), would be the wage determination for that location in effect at the time of award of the Base Contract or the Option in effect at the time of award of the Task Order.

6. SERVICE CONTRACT LABOR STANDARDS (Formerly as Service Contract Act)

Wage Determination No. 05-2567 if required will apply to any task order issued for services rather than construction for Pierce County and Wage Determination No. 05-2569 for services rather than construction for Yakima County. The most current revision to these Service labor standards will be incorporated at time of contract award and will be updated during the exercise of each option period as required. The appropriate wage determination for a Task Order in a location other than JBLM or YTC (Other areas of Washington State as well as in the States of Idaho, Oregon, and Montana), would be the wage determination for that location in effect at the time of award of the Base Contract or the Option in effect at the time of award of the Task Order.

For the most current service wage rate determination a copy of the determination can be found at http://www.wdol.gov/.

7. COST AND PRICING DATA REQUIREMENTS

Any order that is modified whereupon the modification causes a price increase exceeding $750,000 will require: certified cost and pricing data; completion of Standard Form 1411, and may be subject to audit.

8. PER DIEM RATE

Costs for per diem (lodging, meals, and incidental expenses) incurred by the Contractor during travel for performance of work under this IDIQ contract will be reimbursed only to the extent that the costs do not exceed the rates and amounts set for Government employees in the Joint Federal Travel Regulations (JFTR). For work under this IDIQ, the per diem rate will be no more than the rate specified in the JFTR for the location(s) to which the contractor personnel must travel in performance of Task Orders. Any per diem rates that will be incorporated into the Contractor’s lump sum price shall be IAW the JFTR.

If a modification to the T.O. is required after award, the Contracting Officer can request individual pricing which could include per diem rates.

9. LIMITATION ON PAYMENT FOR DESIGN SERVICES.

If a TO is terminated due to design errors which were at time of issuance of the RFP, provided to the contractor by the Government as part of the RFP, prior to completion of the project, the Government will pay the contractor a fair and reasonable price for the construction performed and any incurred costs that can be proved as a cost to the project. However, such payment will not exceed a sum greater than the amount allowable under 10 USC 4540 regardless of the actual costs the Contractor may be able to substantiate.

10. DESIGN REVIEWS

a. Review(s) of the design will be accomplished in accordance with the Statement of Work for each Task Order. The Contractor is responsible for the review of the design provided them via the RFP.

b.. The Contractor is responsible for incorporation of review comments as soon as possible and within the time scheduled in the Task Order.

11. SHOP DRAWINGS AND SUBMITTALS

The Contractor will be responsible as noted in the SOW for preparation of required shop drawings, submittals, and as-builds for each TO in accordance with requirements contained in the awarded TO. This will be verified and accepted by the Contracting Officer Representative (COR) appointed for specific TO. If the documents are disapproved by the COR, it will be the contactor’s responsibility to resubmit until such are approved.

12. PLANS AND SPECIFICATIONS

The Contractor will be provided only one (1) copy of the SOW with all pertinent supplemental specifications and drawings, at time of RFP issuance and further at time of TO award. All further reproduction, shall be at the contractor’s expense. The Government may provide such documents either as a hard copy or as electronic media, such as e-mail or DVD/CD, as options.

13. PHYSICAL DATA

Data and information furnished or referred to below are provide to the Contractor. The Government will not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

a. Weather Conditions: The Contractor shall be satisfied, before submitting his proposal, as to the hazards likely to arise from weather conditions. Complete weather records and reports may be obtained from any National Weather Service Office. The SOW will also address any weather specific requirements and when the project needs to be completed due to weather conditions.

b. Transportation Facilities: before submitting their proposal, the contractor, shall make an investigation of the conditions of existing public and private roads and of clearances, restrictions, bridge load limits, and other limitations affecting transportation and ingress and egress at the jobsite. The unavailability of transportation facilities or limitations thereon shall not become a basis for claims for damages or extension of time for completion of the work.

c. Right-of-Way: The right-of-way for the work covered by these specifications will be furnished by the Government. The Government will also ensure that the Contractor has necessary access to the job site. The Contractor may use such portions of the land within the right-of-way not otherwise occupied as may be designated by the Contracting Officer. The Contractor shall, without expense to the Government, and at any time during the progress of the work when space is needed within the right-of-way for any other purposes, promptly vacate and clean up any part of the grounds that have been allotted to, or have been in use by, him when directed to do so by the Contracting Officer. The Contractor shall keep the buildings and grounds in use by him at the site of the work in an orderly and sanitary condition. Should the Contractor require additional working space or lands for material yards, job offices, or other purposes, he shall obtain such additional lands or easements at his expense.

14. PERFORMANCE AND PAYMENT BONDS.

Performance and payment bonds shall be required and the penal sum shall be established by each Task Order placed hereunder for all work considered to be construction by the Contracting Officer. Bonds shall be provided within 10 calendar days of request by the Contracting Officer.

a. Payment Bond: Required for TOs valued at $35,000.00 or greater. The penal sum shall be one hundred percent (100%) of the order price. If the contract price increases, and additional amount equal to 100 percent of the increase will be provided at time of the increase.

b. Performance Bond: Required for TOs valued at $150,000.00 or greater. The penal sum of each performance bond shall equal one hundred percent (100%) of the order price. If the contract price increases, and additional amount equal to 100 percent of the increase will be provided at time of the increase

c. Consent of Surety: Required for Modifications that changes the Task Order price (upward or downward) by more than 25% or $50,000.00 or greater. Additional bonding shall only be required to the extent that the amount of construction being accomplished exceeds the value of the performance bonds. Such additional bonding shall be provided within 10 calendar days of request by the Contracting Officer. If the contract price increases, and additional amount equal to 100 percent of the increase will be provided at time of the increase.

15. ADDITIONAL LIQUIDATED DAMAGES –TASK ORDERS

a. Separate additional liquidated damages other than those specified in FAR Clause 52.211-12 in Section 00 72 00 may be specified in individual task orders. If a task order requires a liquidated damages amount other than as specified in FAR Clause 52.211-12, the amount will be specified in the task order.

At the same time, the total daily liquidated damages will be limited to the damages for one task order for each site. Additional damages, if specified, shall be concurrent and cumulative and applied in addition to the calendar day of delay specified amount. The basic liquidated damages stated in FAR Clause 52.211-12 apply unless a different daily rate is specified in the task order.

c. If the Government terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages, including any additional liquidated damages specified in the task order, until such reasonable time as may be required for final completion of the work, together with any increased costs occasioned the Government in completing the work.

d. Exception to Liquidated Damages. In case the KO determines completion of work is not feasible during the completion period(s) stated in the task order, such work will be exempted from liquidated damages.

16. REQUIRED INSURANCE

a. The Contractor shall procure and maintain during the entire period of performance under this contractor the following minimum insurance.

(1) Worker's Compensation and Employer's Liability Insurance as legally required by the state wherein the work is being performed. Employer's liability coverage of at least $100,000.00 shall be required, except in states with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers. If occupational diseases are not compensable under the Federal or State Workers' compensation and occupational disease statutes, they shall be covered under the employer's liability section of the insurance policy except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage.

(2) General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence, shall be required on the comprehensive form of policy; however, property damage liability insurance ordinarily shall not be required.

(3) Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000.

(4) Aircraft public and passenger liability. When aircraft are used in connection with performing the Contract, the Contracting Officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(5) Environmental Liability if this contract includes the transport, treatment, storage, or disposal of hazardous material waste the following coverage is required. The Contractor shall ensure the transporter and disposal facility have liability insurance if effect for claims arising out of the death or bodily injury and property damage from hazardous material/waste transport, treatment, storage and disposal, including vehicle liability and legal defense costs in the amount of $1,000,000.00 as evidenced by a certificate of insurance for General, Automobile, and Environmental Liability Coverage. Proof of this insurance shall be provided to the Contracting Officer.

17. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

a. See UAI regulation 52.249-5000, Basis for Settlement of Proposals and FAR Part 49. This clause, (52.249-5000), does not apply to terminations.

b. Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region VIII.

Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

c. Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d) (ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

d. When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

e. Copies of EP1110-1-8, (V0l 8), “Construction Equipment Ownership and Operating Expense Schedule, Region VIII” is available in Portable Document Format (PDF) only and can be viewed or downloaded at http://www.usace.army.mil/inet/usace-docs/eng-pamplets/cecw.htm.

Copies of the CD-ROM (Volumes 1-12) are also available through either the Superintendent of Documents or Government bookstores. For additional information telephone 202-512-2250, or access on the Internet at http://www.access.gpo.gov/su_docs.

18. GOVERNMENT-FURNISHED PROPERTY

The Government may furnish to the Contractor property identified by schedule in the task order to be incorporated or installed into the work or used in performing the work. The listed property will be furnished to the Contractor at the place designated by the Contracting Officer. When the property is delivered, the Contractor shall verify its quantity and condition and acknowledge receipt in writing to the Contracting Officer. The Contractor shall also report in writing to the Contracting Officer within 24 hours of delivery any damage to or shortage of the property as received. All such property shall be installed or incorporated into the work at the expense of the Contractor, unless otherwise indicated in this contract. Delivery site location for Government Furnished Property will be as stated in the task order.

When Government-Furnished property is supplied to the Contractor in connection with a specific task order, the Contractor shall comply with all requirements of FAR Clauses 52.245-1, “Government Property” and 52.245-9, “Use and Charges.”

Use Tax. For purposes of calculating the amount of Washington State Use Tax to be included in this proposal, the Contractor shall use an estimated value as stated in the task order Request for Proposal for Government-furnished Contractor-installed (GF/CI) equipment/property.

Ultimately the actual cost of equipment furnished will be used to adjust the final task order amount by modification to reflect the user tax excluding Contractor markups, actually paid by the Contractor for GF/CI equipment schedule. The Contractor will be responsible for paying the Washington State Use Tax to the appropriate state agency and providing the Government with documentation supporting the payment.

19. EVALUATION OF CONTRACTOR PERFORMANCE

Past performance evaluations shall be prepared for each construction T.O. of $700,000 or more, and for each construction contract terminated for default regardless of Task Order value. Past performance evaluations may also be prepared for construction contracts below $700,000.

Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government. In addition, a performance evaluation may be prepared prior to the exercise of an option period or termination of the contract.

20. RECOVERED MATERIALS

The Corps of Engineers encourages all offerors to use recovered materials to the maximum extent practicable. By law, the Contractor shall comply with all EPA-designated Comprehensive Procurement Guideline requirements for recycled content products. APPENDIX A, immediately following this section, contains procurement guidelines for products containing recovered materials.

21. FORCE PROTECTION

Department of Defense (DoD) has published minimum standards for antiterrorism/force protection. Unified Facilities Criteria (UFC) 4-010-01 “Minimum Antiterrorism Standards for Buildings” shall be followed for all DoD construction projects. This publication is available at http://www.wbdg.org/ccb/DOD/UFC/ufc_4_010_01.pdf

22. ACCOUNTING FOR CONTRACTOR SERVICES

When TOs are issued for services rather than construction, the following will apply. The task order will include a contract line item to be paid the contractor for compliance of this reporting requirement.

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address "https://contractormanpower.army.pentagon.mil. The required information includes:

Contracting Office, Contracting Officer, Contracting Officer's Technical Representative;

Contract number, including task and delivery order number;

Beginning and ending dates covered by reporting period;

Contractor name, address, phone number, e-mail address, identity of contractor employee entering data;

Estimated direct labor hours (including sub-contractor);

Estimated direct labor dollars paid this reporting period (including sub-contractor);

Total payments (including subcontractor);

Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different);

Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information);

Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest City, Country, when in an overseas location, using standardized nomenclature provided on website);

Presence of deployment or contingency contract language, and, Number of contractor and sub-contractor employees deployed in theater this reporting period (by country).

As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year.

23. CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR

PROCESSING CONSTRUCTION WAGE RATE CERTIFIED LABOR PAYROLLS

The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Davis-Bacon Act as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED

REGULATIONS If the contractor elects to use an electronic Davis-Bacon payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with Davis-Bacon and related Act regulations. When the contractor uses an electronic Davis-Bacon payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic Construction Wage Rate payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Construction Wage Rate and related Act regulations over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

The contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria: commercially available; compliant with appropriate Davis- Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://www.rmssupport.com/guides.aspx) for export in an Excel spreadsheet to be imported into the contractor's Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government's Resident Management System (RMS);

demonstrated security of data and data entry rights; ability to produce contractor-certified electronic versions of weekly payroll data; ability to identify erroneous entries and track the data/time of all versions of the certified Construction Wage Rate payrolls submitted to the government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout.

This durable record copy of data from the electronic Davis-Bacon payroll processing system shall be provided to the Government during contract closeout.

All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the contractor's price for the overall work under the contract. The costs for Construction Wage Rate compliance using electronic payroll processing services shall not be a separately bid/proposed or reimbursed item under this contract.

24. FAIR OPPORTUNITY & ORDERS UNDER MULTIPLE AWARD CONTRACTS

The Contracting Officer must provide each awardee a fair opportunity to be considered for each order exceeding $3,000 issued under multiple Delivery-Order Contracts or Multiple Task Order Contracts.

25. CONTRACTOR PROJECT REQUIREMENTS

All contractors awarded a contract under this MATOC IDIQ solicitation will be required to provide proposals and show interest at a minimum of 90% to RFP’s which will end up on the award of a TO. This includes attending Site Visits and submitting proposals. Failure to do so, may affect the contractor during the exercising of yearly options.

26. KEY PERSONNEL

In connection with the services covered by this contract, any key personnel identified in Section 00 24 00 will be limited to individuals or firms that were specifically identified in the Contractor’s proposal and accepted by the Government. The Contractor shall obtain the KO written consent before making any substitution for these designated key personnel.

27. TASK ORDER MAGNITUDE OF CONSTRUCTION

The Magnitude of Construction for the Seed Project Task Order entitled, “Replace Lights at Various Buildings on JBLM, Washington,” is between $250K and $500K.

28. APPENDIX A

Whenever using or delivering an EPA-designated material in the service of this contract, the Contractor must comply with EPA Recovered Material Advisory Notice (RMAN) requirements for total recovered material and postconsumer recovered material percentages. The latest designated categories and requirements can be found at http://www.epa.gov/wastes/conserve/tools/cpg/products/index.htm. Designated product categories as of the issue date of this contract are noted below.

Whenever using or supplying an EPA-designated product as part of a TO under this contract, the Contractor shall submit either documentation demonstrating product compliance or a written justification for exception in accordance Part 23.4 of the Federal Acquisition Regulation. These materials will be submitted to the Contracting Officer or their representative. To meet this requirement, the Contractor shall maintain a consolidated log of all submitted recycled content documentation over the length of this contract.

PART 247 – COMPREHENSIVE PROCUREMENT GUIDELINE FOR PRODUCTS

CONTAINING RECOVERED MATERIALS

40 CFR Ch. 1 (5-4-10 Edition)

Subpart B-Item Designations

§ 247.10 Paper and paper products.

Paper and paper products, excluding building and construction paper grades.

§ 247.11 Vehicular products.

(a) Lubricating oils containing re-refined oil, including engine lubricating oils, hydraulic fluids, and gear oils, excluding marine and aviation oils.

(b) Tires, excluding airplane tire

(c) Reclaimed engine coolants, excluding coolants used in non-vehicular applications.

(d) Rebuilt vehicular parts.

§ 247.12 Construction products.

(a) Building insulation product including the following items:

(1) Loose-fill insulation, including but not limited to cellulose fiber, mineral fibers (fiberglass and rock vermiculite, and perlite;

(2) Blanket and batt insulation, including but not limited to mineral fibers (fiberglass and rock wool).

(3) Board (sheathing, roof decking wall panel) insulation, including but not limited to structural fiberboard and laminated paperboard products perlite composite board, polyurethane, polyisocyanurate, polystyrene, phenolic, and composites; and

(4) Spray-in-place insulation, including but not limited to foam-in-place polyurethane and polyisocyanurate and spray-on cellulose.

(b…