A.07.23_Solicitation_2_of_3.pdf

YTC Medevac Hangar 17002 JBLM - Yakima Training Center, WA W912DW-17-B-0004

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 73 00

SPECIAL CLAUSES

11/07

PART 1 GENERAL

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10)

1.1.1 OPTIONS FOR INCREASED QUANTITY

1.2 LIQUIDATED DAMAGES - CONSTRUCTION (FAR 52.211-12)

1.3 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (ER 415-1-15 31 OCT 89)

1.3.1 Recording daily Adverse Weather

1.4 VARIATION IN ESTIMATED QUANTITY (FAR 52.211-18)

1.5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (FAR 52.228-5)

1.5.1 REQUIRED INSURANCE IN ACCORDANCE WITH FAR 28.307-2

1.6 PERFORMANCE OF WORK BY THE CONTRACTOR (FAR 52.236-1)

1.7 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

1.8 PARTNERING

1.9 PHYSICAL DATA (FAR 52.236-4)

1.10 LAYOUT OF WORK (FAR 52.236-17)

1.11 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (UAI 31.105-101)

1.12 PAYMENT FOR MATERIALS DELIVERED OFF-SITE (UAI 5152.232-9000)

1.13 GOVERNMENT FURNISHED DRAWINGS, SURVEYS, AND SPECIFICATIONS

1.14 GOVERNMENT FURNISHED SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

1.15 FIELD OFFICE OVERHEAD

1.16 FIELD OFFICE OVERHEAD - PER DIEM RATE

1.17 FIELD OFFICE OVERHEAD - PERCENTAGE MARKUP

1.18 CONTRACT DRAWINGS AND SPECIFICATIONS (DOD FAR SUPP 252.236-7001)

1.19 DEVIATING FROM THE ACCEPTED DESIGN (UAI 52.236-5006)

1.20 RECOVERED MATERIALS

1.21 PROPRIETARY REFERENCES

1.22 PERFORMANCE EVALUATIONS

1.23 KEY PERSONNEL, SUBCONTRACTORS, AND OUTSIDE ASSOCIATES OR

CONSULTANTS

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

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SECTION 00 73 00

SPECIAL CLAUSES

11/07

PART 1 GENERAL

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10)

Commence work under this contract within 10 calendar days after the date receiving the Notice to Proceed, prosecute the work diligently, and complete the entire work ready for use not later than two hundred forty

(240) calendar days after date of receipt by Contractor of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

1.1.1 OPTIONS FOR INCREASED QUANTITY

a. The Government may increase the quantity of work awarded by exercising one or more of the Optional Bid Item(s) at any time, or not at all, but no later than ninety (90) calendar days after receipt by Contractor of Notice to Proceed. Notice to proceed on work Item(s) added by exercise of the option(s) will be given upon execution of consent of surety.

b. The parties hereto further agree that any option herein shall be considered to have been exercised at the time the Government deposits written notification to the Contractor in the mail.

1.2 LIQUIDATED DAMAGES - CONSTRUCTION (FAR 52.211-12)

a. If the Contractor fails to complete the work within the time specified in the Contract, or any extension, pay to the Government as liquidated damages, the sum of $1,700 for each day of delay until the work is completed or accepted.

b. If the Government terminates the Contractor's right to proceed, the resulting damages will continue to accrue until the work is completed.

These liquidated damages are in addition to excess cost of repurchase under the Termination clause.

1.3 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (ER 415-1-15 31 OCT 89)

This Paragraph specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSE entitled "Default (Fixed Price Construction)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

a. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

b. The actual adverse weather delays must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day.

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c. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

The following schedule of anticipated adverse weather delays per month is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

YAKIMA, WA MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

|JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC |

|17 11 9 4 1 1 1 1 1 4 11 14 |

1.3.1 Recording daily Adverse Weather

Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled "Default (Fixed Price Construction)".

1.4 VARIATION IN ESTIMATED QUANTITY (FAR 52.211-18)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

1.5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (FAR 52.228-5)

a. The Contractor shall, at its expense, provide and maintain during the entire performance period of this Contract at least the kinds and minimum amounts of insurance required in the Insurance Liability Schedule or elsewhere in the Contract.

b. Before commencing work under this Contract, certify to the Contracting Officer in writing that the required insurance has been obtained. The

DOCUMENT 00 73 00 Page 3 policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective:

1. For such period as the laws of the State in which this Contract is to be performed prescribe; or

2. Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

c. Insert the substance of this clause, including this paragraph, in subcontracts under this Contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the Contract.

Maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

1.5.1 REQUIRED INSURANCE IN ACCORDANCE WITH FAR 28.307-2

a. Workers' compensation and employer's liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those 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 operation that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

b. General Liability:

1. The Contracting Officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

2. Property damage liability insurance shall be required only in special circumstances as determined by the agency.

c. Automobile liability: The Contracting Officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the Contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

d. 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.

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e. Environmental Liability: If this contract includes the transport, treatment, storage, or disposal of hazardous material waste the following coverage is required.

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.

1.6 PERFORMANCE OF WORK BY THE CONTRACTOR (FAR 52.236-1)

Perform on the site, and with its own organization, work equivalent to at least fifteen percent (15%) of the total amount of work to be performed under the Contract. The percentage may be reduced by a supplemental agreement to this Contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

1.7 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

In connection with this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified as key personnel or alternates in the Contractor's accepted proposal. Obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

1.8 PARTNERING

In order to most effectively accomplish this contract, the Government proposes to form a partnership with the Contractor to develop a cohesive building team. It is anticipated that this partnership would involve the Corps of Engineers, Joint Base Lewis-McChord, the Contractor, primary subcontractors and the designers. This partnership would strive to develop a cooperative management team drawing on the strengths of each team member in an effort to achieve a quality project within budget and on schedule.

This partnership would be bilateral in membership and participation will be totally voluntary. The Contractor and Government shall be responsible for their own labor and travel costs.

1.9 PHYSICAL DATA (FAR 52.236-4)

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

a. Physical Conditions: The indications of physical conditions on the drawings and in the specifications are the result of site investigations by test holes shown on the drawings.

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b. Weather Conditions: Each bidder shall be satisfied before submitting his bid as to the hazards likely to arise from weather conditions.

Complete weather records and reports may be obtained from any National Weather Service Office.

c. Transportation Facilities: Each bidder, before submitting his bid, 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.

d. Right-of-Way: The right-of-way for the work covered by these specifications will be furnished by the Government. Provide right-of-way for ingress and egress across private property where necessary to gain access to the jobsite. 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.

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, or have been in use, when directed to do so by the Contracting Officer. Keep the buildings and grounds in use 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.

1.10 LAYOUT OF WORK (FAR 52.236-17)

Lay out the work from Government established base lines and benchmarks indicated on the drawings, and be responsible for all measurements in connection with the layout. Furnish, at your expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. Execute the work to the lines and grades that may be established or indicated by the Contracting Officer. Maintain and preserve all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due, or to become due, to the Contractor.

1.11 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (UAI 31.105-101)

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

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

DOCUMENT 00 73 00 Page 6 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.

1.12 PAYMENT FOR MATERIALS DELIVERED OFF-SITE (UAI 5152.232-9000)

a. Pursuant to FAR clause 52.232-5, Payments Under Fixed Priced Construction Contracts, materials delivered to the contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the General Provisions are fulfilled. Payment for items delivered to locations other than the work site will be limited to:

1. materials required by the technical provisions; or

2. materials that have been fabricated to the point where they are identifiable to an item of work required under this contract.

b. Such payment will be made only after receipt of paid or receipted invoices or invoices with canceled check showing title to the items in the prime contractor and including the value of material and labor incorporated into the item. In addition to petroleum products, payment for materials delivered off-site is limited to the following items: Any other construction material stored offsite may be considered in determining the amount of a progress payment.

1.13 GOVERNMENT FURNISHED DRAWINGS, SURVEYS, AND SPECIFICATIONS

This is to clarify that Contract Clause 252.236-7001, CONTRACT DRAWINGS AND SPECIFICATIONS, refers to any Government-furnished design or design criteria included in the Request for Proposal (RFP).

1.14 GOVERNMENT FURNISHED SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

This is to clarify that Contract Clause 252.236-21, SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION, refers to any specifications and drawings

DOCUMENT 00 73 00 Page 7 furnished in the Request for Proposal (RFP). The term "specifications" refers to the design criteria or scope of work, in addition to any attached specifications.

1.15 FIELD OFFICE OVERHEAD

Notice to Offerors: You must declare below the accounting practice that you apply to contracts to calculate field office overhead for all change orders, modifications, and requests for equitable adjustment. Pursuant to Federal Acquisition Regulation (FAR) Parts 31.105(d)(3) and 31.203(d)(1), an accounting practice that varies from modification to modification is not allowable. Select one of the following:

a. If you use Time Distribution Base for Per Diem Rate practice, see Special Contract Requirement 1.35 "Field Office Overhead - Per Diem Rate".

b. If you use Direct Cost Distribution Base for a Percentage Mark-up practice, see Special Contract Requirement 1.36 "Field Office Overhead

- Percentage Markup".

c. If you choose Other Accounting Practice That is Allowed Under the FAR and That Uses a Single Distribution Base, you must describe the accounting practice in sufficient detail below to allow the Contracting Officer to determine what accounting practice is being utilized by your company and that it complies with the criteria for acceptable accounting practices as set out in FAR Parts 31.105(d)(3) and 31.203(d)(1).

1.16 FIELD OFFICE OVERHEAD - PER DIEM RATE

The Contracting Officer shall make an equitable adjustment and modify the contract in writing for any change to the contract, issued pursuant to the Changes clause or otherwise, for which the Government is responsible, and which causes either an increase or decrease in the Contractor's costs as to time or performance under the contract. Under such an equitable adjustment, the Contractor's field office overhead shall be an allowable cost, in accordance with the Contractor's accounting practice as identified by the Contractor.

Declare which standard form of accounting practice it applies to field overhead costs: if a contractor indicates that it follows a per diem basis, no overhead percentage markup rate for office overhead costs shall be allowed.

Under such an equitable adjustment, the Contractor will be reimbursed for field office overhead on a per diem basis when the completion of the contract is extended by reason of the change issued under any clause, except the Default clause, subject to the Contractor substantiating the variable expense by providing a detailed breakdown of its proposed increase or decrease of costs as required by the Contract Clause DFARS 252.236-7001 MODIFICATION OF PROPOSALS - PRICE BREAKDOWN. No payment of field office overhead on a per diem basis shall be allowed for any change when the completion of the contract is not extended by reason of the change.

1.17 FIELD OFFICE OVERHEAD - PERCENTAGE MARKUP

The Contracting Officer shall make an equitable adjustment and modify the contract in writing for any change to the contract, issued pursuant to the

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Changes clause or otherwise, for which the Government is responsible, and which causes either an increase or decrease in the Contractor's costs as to time or performance under the contract. Under such an equitable adjustment, the Contractor's field office overhead shall be an allowable cost, in accordance with the Contractor's accounting practice as identified by the Contractor.

Declare which standard form of accounting practice applies to field overhead costs: if a contractor indicates that it follows a percentage basis, no per diem rate for office overhead costs shall be allowed.

Under such an equitable adjustment, payment of office overhead costs shall be allowed for any change on a percentage markup basis regardless of whether the completion of the contract is, or, is not, extended by reason of the change, except for modifications issued pursuant to the Default Clause. Provide a detailed breakdown of its proposed increase or decrease of costs as required by Contract Clause DFARS 252.236-7001 MODIFICATION OF

PROPOSALS - PRICE BREAKDOWN.

1.18 CONTRACT DRAWINGS AND SPECIFICATIONS (DOD FAR SUPP 252.236-7001)

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

b. Upon receipt:

1. Immediately check all drawings files furnished,

2. Compare all drawings and verify the figures before laying out the work,

3. Promptly notify the Contracting Officer of any discrepancies,

4. Be responsible for any errors which might have been avoided by complying with this paragraph (b), and

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

c. In general:

1. Large scale drawings shall govern small scale drawings; and

2. Follow figures marked on drawings in preference to scale measurements.

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

e. The work shall conform to the specifications and the contract drawings identified in the index of drawings attached at the end of the Special Clauses.

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1.19 DEVIATING FROM THE ACCEPTED DESIGN (UAI 52.236-5006)

a. The Contractor must obtain the approval of the Designer of Record and the Government’s concurrence for any Contractor proposed revision to the professionally stamped and sealed and Government reviewed design, before proceeding with the revision.

b. The Government reserves the right to non-concur with any revision to the design, which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed design.

c. Any revision to the design, which deviates from the contract requirements (i.e., the RFP and the accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government concurrence. The Government reserves the right to disapprove such a revision.

d. Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

e. The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures. The Designer of Record shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

1.20 RECOVERED MATERIALS

The Corps of Engineers encourages all bidders to utilize recovered materials to the maximum extent practicable. The attached APPENDIX R contains procurement guidelines for products containing recovered materials.

1.21 PROPRIETARY REFERENCES

All items specified on a brand name basis are to indicate the general type desired based on level of quality, and are not intended to restrict selection to products of any particular manufacturer.

1.22 PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction Contractor's performance shall be evaluated throughout the performance of the Contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction Contracts awarded at or above $700,000.00, the USACE will evaluate Contractor's performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the Contractor will have the ability to access, review and comment on the evaluation for a period of 60 days. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

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1.23 KEY PERSONNEL, SUBCONTRACTORS, AND OUTSIDE ASSOCIATES OR CONSULTANTS

In connection with this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor's accepted proposal. Obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval.

The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

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