W912GB22R0008.pdf

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until 10:00 AM local time 14 Mar 2022

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Daniel.K.Unsen@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 71

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912GB 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

NA

conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

DANIEL K UNSEN

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 3 4 - 5

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 8 - 12 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 13 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

14 - 27

PART II - CONTRACT CLAUSES

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

11 Feb 2022

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912GB22R0008

Section SF 30 - BLOCK 14 CONTINUATION PAGE

SOLCIITATION INFORMATION

SOLICITATION INFORMATION

POINTS OF CONTACT:

CONTRACT SPECIALIST: Daniel Unsen (+49 0611 9744 2217 / Daniel.K.Unsen@usace.army.mil) CONTRACTING OFFICER: Leah Caldwell (+49 0611 9744 2029 Leah.M.Caldwell2@usace.army.mil)

REQUESTS FOR INFORMATION:

Requests for Information shall be submitted via ProjNet no later than 10 calendar days before the proposal due date.

REQUEST FOR PROPOSALS NO. W912GB22R0008

MAIN TABLE OF CONTENTS

FY22 Playgrounds $30M Single Award Task Order Contract (SATOC) in support of

U.S. European Command (EUCOM) geographic Area Of Responsibility (AOR)

TABLE OF CONTENTS

Section SF 30 - BLOCK 14 CONTINUATION PAGE-SOLICIITATION INFORMATION Table of Contents Section B - Supplies or Services and Prices Section E - Inspection and Acceptance Section F - Deliveries or Performance Section G - Contract Administration Data Section I - Contract Clauses Section K - Representations, certifications, and other statements of offerors Section L - Instructions, Conditions and Notices to Bidders Section M -Evaluation factors for award

ATTACHMENTS:

Statement of Work (SOW) ATTACH 1 FY22 Playgrounds Specs Binder ATTACH 2A ExperienceOverviewSheet ATTACH 2B Experience InfoSheet ATTACH 3 PPQ Form ATTACH 4 Playground IDIQ Bid Schedule EUROS ATTACH 5 BLA Template ATTACH 6 BLG Template ATTACH 7 Letter of Commitment Forms ATTACH 8 DIN EU Standard

SPECIFICATIONS:

The following specifications are incorporated by reference to this contract and all task orders (as applicable):

00 74 01 Special Conditions (NAU), 10/21 00 74 02 Time Extensions for Unusually Severe Weather (NAU), 10/21 00 74 10 Supplemental Conditions for Germany, 10/21 00 74 11 Supplemental Conditions for Belgium, 10/21 00 74 16 Supplemental Conditions for Turkey, 10/21

00 74 17 Supplemental Conditions for Italy, 10/21 00 74 70 Anti-Terrorism/Operations Security Requirements (NAU), 10/21 01 30 01 General Requirements (NAU), 10/21 01 32 01 Project Schedule (NAU), 10/21 01 33 00 Submittal Procedures (NAU), 10/21 01 35 26 Safety Requirements (NAU), 10/21 01 42 00 Sources for Reference Publications (NAU), 10/21 01 45 00 Quality Control (NAU), 10/21 01 45 01 Resident Management System Contractor Mode (RMS CM) (NAU), 10/21 01 45 06 SATOC Contractor Site Personnel Requirements (NAU), 10/21 01 60 00 Comparable Product Requirements (NAU) 10/21 01 78 00 Closeout Submittals (NAU), 10/21

02 41 00 Demolition and Deconstruction 31 00 00 Earthwork 32 18 16.13 Playground Protective Surfacing

F 1487 – 21 ASTM Standard Consumer Safety Performance Specification for Playground Equipment BS EN 1176 European Safety Standard for playground equipment BS EN 1177 European Safety Standard for playground equipment

Public Playground Safety Handbook – CPSC 325 https://www.cpsc.gov/s3fs-public/325.pdf

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 30,000,000 Job Base

FFP

Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC), for all management services, supervision, personnel, labor, materials, facilities, transportation, general and specialized equipment required to perform inspections, reports, design, furnishing, and installation of sport/fitness/playground equipment and the minor construction incidental to the installation for all U. S. Forces Facilities and customers within the geographical jurisdictions of US European Command, with the majority of the work in support of Installation Management Command-Europe (Germany, Belgium, the Netherlands, and Italy).

The contract shall have a total capacity not to exceed $30,000,000, which is the maximum capacity for the base period of five (5) years. The quantities identified in each Contract Line Item Number (CLIN) are estimated values. The overall contract value shall not exceed (NTE) $30,000,000

FOB: Destination

PSC CD: Z1PA

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

2,000.00 $2,000.00 30,000,000.00 $30,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

1,500.00 $1,500.00 5,000,000.00 $5,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.211-8 Alt II Time of Delivery (Jun 1997) Alternate II APR 1984 52.211-8 Alt III Time of Delivery (Jun 1997) Alternate III APR 1984 52.211-9 Alt I Desired And Required Time Of Delivery (Jun 1997) -

Alternate I

APR 1984

52.211-9 Alt II Desired And Required Time Of Delivery (Jun 1997) - Alternate II

APR 1984

52.211-9 Alt III Desired And Required Time Of Delivery (Jun 1997) - Alternate III

APR 1984

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.247-62 Specific Quantities Unknown APR 1984

Section G - Contract Administration Data

ADMINISTRATIVE REQUIREMENTS

ADMINISTRATIVE REQUIREMENTS

1. ORDERING PROCEDURES

1.1 General. Ordering procedures will be tailored per task order depending on the circumstances pertinent to each task order scope. These procedures will be determined by the Ordering Contracting Officer in accordance with FAR 16.505. In some cases, the Ordering Contracting Officer may evaluate proposals based on price-only; in other cases, the Ordering Contracting Officer may use other non-price evaluation criteria in addition to price and select the Offeror that presents the best value to the Government. Fair opportunity in accordance with FAR 16.505(b)(1) will be paramount, and the basis for award will be explained in each task order RFP.

Task order proposal requirements will be kept to a minimum as best as possible.

1.2 Site Visits. Offerors attendance at site visits is considered vital to preparation of competitive and cost-effective offers, and to understanding the total results desired by the Government. Failure to attend site visits shall not be used as an excuse for omission or miscalculation in offers, and may be taken into consideration in determining a Contractor’s eligibility to participate in future Task Orders. The Contractors will not be reimbursed for attendance during negotiations, site visits, proposal preparation or other Pre-Task Order award costs. The Ordering Contractor Officer reserves the right to make attendance at site visits mandatory for specific Task Orders and to reject offers by Contractors who have not attended the site visits.

1.3 Proposal Deadlines. Each Task Order RFP will include a stated deadline, by which Contractors shall respond with a proposal to the Ordering Contracting Officer Contractors.

Acceptance Period. All proposals shall be valid for 150 calendar days after the proposal due date.

1.4 Negotiations. Task Order proposals will either be accepted as is or negotiated to the mutual agreement of both the Government and the Contractor. In most instances, the Ordering Contracting Officer will intend to evaluate proposals and award a task order without negotiations. Therefore, Offerors should include their best price terms in their initial offer and not assume they will have an opportunity to participate in negotiations and/or be asked to submit a revised proposal. However, the Contracting Officer may determine it necessary after evaluating initial proposals to engage in negotiations and/or other bilateral communications with one or more Offerors. Offerors are reminded, in accordance with FAR 52.215-20, the Contracting Officer may require additional Other than Cost and Pricing Data to support analysis as required to determine a price fair and reasonable in accordance with FAR 15.403-1.

1.5 Task Order Award. Upon conclusion of satisfactory discussions or negotiations (if required), a Task Order will be issued by the Contracting Officer reflecting the negotiated order price and payment terms as outlined in the statement of work or specifications. In any instance where there is failure to reach agreement on price, the Government reserves the right to withdraw the project and have it completed by other means. Task Orders will be issued on DD Form 1155. The Task Order becomes binding when the Contracting Officer signs the Order. The Firm Fixed Price amount for Task Orders shall constitute full compensation to the Contractor for

(1) Furnishing all plant, labor equipment, appliances, and materials; and (2) Performing all operations required to complete the work in conformity with the drawings, specifications and/or statement of work. The Contractor shall include in their proposal costs of all work required by drawings, specifications, and/or statement of work.

1.6 Task Order Award Notifications. The Ordering Contracting Officer will notify all Offerors when a task order award is made.

1.7 Debriefs. Offerors are encouraged to request the Ordering Contracting Officer for a debrief. Debriefs will be authorized in accordance with FAR Part 16.505.

1.8 Task Order Ombudsman. In accordance with FAR Part 16.505 and AFARS 5116.505, the Head of the

Contracting Activity has appointed a task and delivery order ombudsman. If the Contractor believes it was not fairly considered for a particular 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 US Army Corps of Engineers (USACE) Ombudsman. The ombudsman has the authority to review complaints from contractors awarded multiple award contracts that they have not been afforded a fair opportunity to be considered for award of a particular task order. After coordination with the Contracting Officer, and if he/she agrees with the Contractor, the Ombudsman may require that a Contracting Officer take corrective action regarding the complaint. Offerors may request updated information for the USACE Ombudsman from the Ordering Contracting Officer.

1.9 Notice to Proceed (NTP). NTP will be issued separately after receipt and approval of an acceptable Bank Letter of Guaranty or other Bond, if required, and approved submittals as identified per Task Order RFP.

2. PLANS AND SPECIFICATIONS

When applicable, the Government will provide the contractor one copy of the construction drawings and statement of work (with pertinent supplemental specifications) upon issuance of each Task Order. All further reproduction shall be at the Contractor’s expense. The Government will provide these as hard copy or as electronic media, such as e-mail or CD ROM.

3. CONTRACTOR TASK ORDER SUBMITTALS

The Government requires all documentation (i.e., certificates, licenses, resumes, etc.) to be submitted in accordance with Specification Section 01 33 00 SUBMITTAL PROCEDURES (NAU). All documentation must be in the English language or accompanied with an English translation in accordance with Specification Section 00 74 01 SPECIAL CONDITIONS (NAU).

3.1 Contractor’s Project Manager

a. The Contractor shall appoint an English speaking individual to be the Contractor’s Project Manager. The Contractor’s Project Manager shall have a minimum of five (5) years of construction management experience. Verification documentation will be made available to the Government upon request.

b. This individual shall conduct the overall management coordination on this contract and serve as the central point of contact with the Contracting Officer or his/her authorized representative for the performance of all work. An additional English speaking individual must be designated to act for the Project Manager, when work is being performed during the absence of the Project Manager.

c. The Contractor shall provide to the U.S. Government, within seven (7) days of award, the names, addresses, and home phone numbers of the Project Manager and the alternate Contractor personnel with authority to act for the Contractor if the Project Manager cannot be contacted. The Contractor shall also provide the Government, at the Pre-construction Conference for awarded task orders, the names, address, and home phone numbers of the Project Manager’s supervisor.

d. Replacement of the Project Manager, their alternate, or any other personnel identified in Specification Section 01 45 06 SINGLE AWARD TASK ORDER CONTRACT (SATOC) CONTRACTOR PERSONNEL REQUIREMENTS (NAU), must be in accordance with the procedures identified in that section.

e. The Project Manager and/or any alternates designated to act for them, shall have full authority to contractually commit the Contractor for action on matters pertaining to administration of this contract.

Refer to Specification Section 00 74 01 for language fluency requirements.

3.2 Submittals, Shop Drawings, and As-Builts

a. The Contractor is responsible for preparation of all shop drawings, submittals, and as-builts for each

Task Order when required and as specified per Task Order. All Task Order submittals shall be prepared in accordance with the FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION and Specification Section 01 33 00 SUBMITTAL PROCEDURES (NAU).

b. The Contractor shall develop submittals for the Base Contract and shall provide these submittals to the Contracting Officer (KO) for review and approval no later than fifteen (15) calendar days after award of the Base Contract. Base Contract submittals shall include but are not limited to Accident Prevention Plan, Quality Control Plan, and the Bank Letter of Guarantee. Base Contract submittals are required to be approved before work on any Task Order may begin.

3.3 Quality Control

The Contractor is responsible for quality control and shall establish and maintain an effective quality control system in compliance with FAR 52.246-12 INSPECTION OF CONSTRUCTION and Specification Section

01 45 00 QUALITY CONTROL (NAU).

3.4 Safety

a. Safety shall be the sole responsibility of the Contractor. The Contractor shall comply with the Clause FAR 52.236-13 ACCIDENT PREVENTION and DFARS 252.223-7006 PROHIBITION ON

STORAGE, TREATMENT AND DISPOSAL OF TOXIC HAZARDOUS MATERIALS.

b. The Contract shall submit an Accident Prevention Plan in accordance with Specification Section 01 35 26 SAFETY REQUIREMENTS (NAU). No work may occur without an approved Accident Prevention Plan.

c. All work on this contract shall comply with the latest EM 385-1-1 Appendix A of the U.S. Army Corps of Engineers Safety and Health Requirements Manual and Clause FAR 52.236-13 ACCIDENT

PREVENTION.

3.5 Asbestos Plan

When required by the task order, the Contractor shall submit an Asbestos Plan that demonstrates the Contractor’s ability to perform asbestos abatement. The Plan shall identify how key personnel are to be trained and/or certified and how annual training will be provided and documented. A plan for how the asbestos will be handled when encountered during non-asbestos work (contingency) shall be included. The Plan shall state that the COR will be notified prior to working with asbestos or if previously unidentified asbestos is encountered. If asbestos work is to be performed by a subcontractor, the experience and certification of credentials shall be provided. If the firm will perform the asbestos abatement, the firm’s certified personnel shall be identified and a copy of their latest certification provided.

3.6 Permits and Responsibilities

Permits and Responsibilities are the responsibility of the Contractor as required in Contract Clause FAR 52.236-7 PERMITS AND RESPONSIBILITIES and Specification Section 00 74 01 SPECIAL CONDITIONS, paragraph PERMITS.

3.7 Schedules

Schedules shall be submitted to the Government for acceptance in accordance with Specification Section 01 32 01 PROJECT SCHEDULE (NAU). Refer to Specification Section 00 74 02 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NAU) where the work may be impacted by the weather.

4. CONTRACTOR’S RESPONSIBILITY

a. The contractor shall be held responsible for any and all damages attributed to the actions of the

Contractor or its subcontractors outside the limits of construction, including drainage structure, electrical or telephone facilities, pavement and other facilities.

b. When required, the Contractor shall lay out their work from Government established base lines and/or bench marks as indicated per Task Order. The Contractor shall furnish at their own expense all stakes, templates, platforms, equipment, tools, material, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades as established per Task Order.

c. The Contractor shall erect and maintain temporary barricades, if required, to limit public access to hazardous areas. Barricades shall be required whenever safe public access to paved areas such as roads, parking areas or sidewalks is prevented by construction activities or as otherwise necessary to ensure the safety of both pedestrian and vehicular traffic. Barricades shall be securely placed, clearly visible with adequate illumination to provide sufficient visual warning of the hazard during both day and night.

d. The Contractor shall be responsible for the security of their equipment.

e. Construction debris, waste materials, packaging material and the like shall be removed from the work site daily. Any dirt or mud which is tracked onto paved or surfaced roadways shall be cleaned away.

Materials resulting from demolition activities which are salvageable shall become the property of the contractor unless otherwise stated in the Task Order. Stored material, whether new or salvaged, shall be neatly stacked.

f. All debris shall be removed and the area restored to its original condition, including top soil and seeding if necessary.

5. CHANGES

Changes shall be determined in accordance with FAR 52.243-4 CHANGES.

6. WARRANTY OF CONSTRUCTION

The Contractor warrants that the work is performed in a satisfactory manner and meets industry standards. The Contractor shall provide a warranty of two (2) years in accordance with Specification Section 01 78 00 CLOSEOUT PROCEDURES, paragraph WARRANTY. Extended warranties if applicable shall be provided per Task Order.

7. CLOSE OUT

Refer to Specification Section 01 78 00 CLOSEOUT PROCEDURES (NAU). All shop drawings, if required, warranties, extended warranties, test records, inspection certifications, and manufacturer certificates shall be provided to the Contracting Officer. The Contractor shall certify in writing that upon completion of the work and cleanup of the work areas that the site is environmentally clean with no Hazardous, Toxic and Radioactive Wastes (HTRW) contaminates resulting from the Contractor’s operation.

8. PAYMENTS

Payments shall be in accordance with Contract Clauses FAR 52.232-5 Payments Under Fixed-Price Construction Contracts and FAR 52.232-27 Prompt Payment for Construction Contracts. Additional requirements are identified in the Specifications and on the individual task order.

9. LIQUIDATED DAMAGES – CONSTRUCTION

The Liquidated Damage rates will be specified in individual Task Orders in accordance with FAR Clause 52.211-12 Liquidated Damages.

10. EVALUATION OF CONTRACTOR PERFORMANCE

In accordance with FAR 42.1502, the Contractor’s performance will be evaluated upon completion of each Task Order. Evaluations may be performed on all Task Orders, regardless of the dollar amount.

11. SPECIFICATIONS

The following specifications are incorporated by reference to this contract. RFP’s and individual task orders will normally incorporate updated versions of these specifications as well as project specific specifications.

Task Order specifications take precedence over the sections identified below, however if the applicable section is not included with the Task Order, the specification section identified below will apply to the task orders:

00 74 01 Special Conditions (NAU), 10/21 00 74 02 Time Extensions for Unusually Severe Weather (NAU), 10/21

00 74 70 Anti-Terrorism/Operations Security Requirements (NAU), 10/21 01 30 01 General Requirements (NAU), 10/21 01 32 01 Project Schedule (NAU), 10/21 01 33 00 Submittal Procedures (NAU), 10/21 01 33 16 Design After Award (NAU), 10/21 01 35 26 Safety Requirements (NAU), 10/21 01 42 00 Sources for Reference Publications (NAU), 10/21 01 45 00 Quality Control (NAU), 10/21 01 45 01 Resident Management System Contractor Mode (RMS CM) (NAU), 10/21 01 45 05 Contractor Site Personnel Requirements (NAU), 10/21 01 60 00 Comparable Product Requirements (NAU) 10/21 01 78 00 Closeout Submittals (NAU), 10/21

>>>> END SECTION <<<<

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

See Statement of Work.

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

DEC 2021

52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.209-13 Violation of Arms Control Treaties or Agreements -- Certification

DEC 2021

52.215-2 Audit and Records--Negotiation JUN 2020 52.215-2 Alt III Audit and Records--Negotiation (JUN 2020) Alternate III JUN 1999 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

JUN 2020

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020 52.215-14 Integrity of Unit Prices DEC 2021 52.215-14 Alt I Integrity of Unit Prices (NOV 2021) - Alternate I OCT 1997 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

DEC 2021

52.215-21 Alt II Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications (NOV 2021) - Alternate II

OCT 1997

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.215-23 Alt I Limitations on Pass-Through Charges (JUN 2020) - Alternate

I

OCT 2009

52.216-19 Order Limitations OCT 1995 52.217-5 Evaluation Of Options JUL 1990 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-54 Employment Eligibility Verification DEC 2021 52.223-6 Drug-Free Workplace MAY 2001

52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer Products - Alternate I

JUN 2014

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.227-3 Patent Indemnity APR 1984 52.227-13 Patent Rights--Ownership By The Government DEC 2007 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.233-1 Disputes MAY 2014 52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-1 Alt II Changes--Fixed-Price (Aug 1987) - Alternate II APR 1984 52.244-5 Competition In Subcontracting DEC 1996 52.246-21 Warranty of Construction MAR 1994 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.229-7001 Tax Relief APR 2020 252.229-7002 Customs Exemptions (Germany) JUN 1997 252.229-7003 Tax Exemptions (Italy) MAR 2012 252.229-7005 Tax Exemptions (Spain) MAR 2012 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property JAN 2021 252.246-7002 Warranty of Construction (Germany) JUN 1997 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.247-7002 Revision of Prices DEC 1991 252.247-7023 Transportation of Supplies by Sea FEB 2019 252.247-7025 Reflagging or Repair Work JUN 2005

INCORPORATED BY FULL TEXT

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than to be determined at the task order level.

* The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of to be determined at the task order level for each calendar day of delay until the work is completed or accepted.

(b) If the Government 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.

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract award through expiration of contract.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the completion date of the individual task order.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the within the limits and at the rates specified in the base year when notice to exercise this option is issued. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor before expiration of the base contract.

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

(a) Definitions. As used in this clause--

``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

(a) Definitions. As used in this clause--

Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

Coercion means--

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

Commercially available off-the-shelf (COTS) item means--

(1) Any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

Forced Labor means knowingly providing or obtaining the labor or services of a person--

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

Involuntary servitude includes a condition of servitude induced by means of--

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

Severe forms of trafficking in persons means--

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not--

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that--

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall--

(1) Notify its employees and agents of--

(i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of--

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203- 13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in--

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation. (1) The Contractor shall, at a minimum--

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in…