solicitation.pdf

0010908860

This is a Design-Build project consisting of Project AA1 00229-6, Upgrade Lighting System, DOCK, ASA, Livorno, Italy The magnitude of this project is betw een $25,000 (EURO 22,622) and $100,000 (EURO 90,490). The Budget Rate is $1 = EURO 0.9049 The POC and mailing address for this contract is:

Daniel Foiles Regional Contracting Office – Suboff ice Livorno Commando Americano Camp Darby – Depot Area 56018 Tirrenia (PI)

ITALY

Email: daniel.j.foiles.mil@mail.mil Telephone: (39) 050-54-8339 To be aw arded a government contract you MUST have DUNS (Dun & Bradstreet; tel: 02-28-455-379) and NCAGE (w w w .dlis.dla.mil/Forms/Form_AC135.asp) numbers and be registered in SAM (https://w w w .sam.gov/portal/public/SAM/)

DANIEL FOILES +39.050.54.8339

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

19-Aug-2016

(RFP)

(IFB)

CALL:

Upgrade Lighting System Dock, Ammunition Storage Area, Camp Darby, Tirrenia (Pisa)

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________220 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Section F

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________15 Sep 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

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

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

414TH CSB RCO ITALY SUBOFFICE LIVORNO

VIA AURELIA, EDIFICIO 5131

ZONA DEPOSITO

56128 TIRRENIA (PISA)

W912PF

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 PM (hour)

Sealed envelopes containing offers

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

AA1-00229-6

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

39-050-54-8289FAX:TEL: 39-050-54-8365/4 TEL: FAX:

W912PF-16-T-0064 62

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section A - Solicitation/Contract Form

PAYMENT

The Government's payment for the items listed here below shall constitute full compensation to the Contractor for:

1. Providing all the design; and

2. Furnishing all plant, labor, equipment, applicances, material; and

3. Performing all operations required to complete the work in conformity with all Italian and US Federal Laws indicated in this solicitation.

PRICE IN EURO

Notwithstanding any other provision in this contract, offerors shall submit proposals in response to this solicitaiton in EURO.

DESIGN BUILD

For this project, the US Government intends to combine desing and construction in a single contract with one contractor. The US Government has developed in‐house a scope of work statement that defines the project and provides prospective offerors with sufficient information regarding the US Government's requirements to enable the offerors to submit proposals which meet the US Government's needs. The work statement inclusive of drawings is herewith attached.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Upgrade Lighting System Dock ASA

FFP

The Contractor shall furnish all labor, equipment, materilas, and transportation necessary for the accomplishment of the work in strict accordance with the terms and conditions of the work described in the Technical Specifications Project AA1 00229-6, Upgrade Lighting System, DOCK, ASA, Livorno, Italy FOB: Destination FOB: Destination

PURCHASE REQUEST NUMBER: 0010908860

NET AMT

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

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 220 dys. ADC 1 W6LF USAG USA GARRISON LIVORNO

W6LF USAG USA GARRISON LIVORNO

BLDG 702 UNIT 31301

APO AE 09613

049-631-413-8182 FOB: Destination

W582TM

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 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 220 calendar days from the issuance of notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

NOTE

ADDENDUM 52.211-10

(*) The aforementioned federal Acquisition regulation (FAR) clause 52.211-10 entitled “ COMMENCEMENT, PROSECUTION AND COMPLEITON OF WORK (APR 1984) is supplemented as follows:

-Two separate notice to proceed will be issued for design phase and construction phase

-The performance period for design phase is 130 calendar days from the issuance of the notice to proceed .

- The performance period for construction phase is 90 calendar days from the issuance of the notice to proceed.

CCE 236-4003 NOTICE TO PROCEED (March 2005)

The notice to proceed will be provided as indicated below:

[__________] The effective date of contract will constitute the date of notice to proceed.

[_____XX_____] A notice to proceed letter will be issued.

[__________] The date of the letter transmitting the contract will constitute the date of the notice to proceed.

Section G - Contract Administration Data

Section H - Special Contract Requirements

SECTION H

CONTRACTING OFFICER AUTHORITY

In no event shall any understanding or agreement between the Contractor and any Government employee, other than the Contracting Officer on any contract, modification, change order, letter of verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee, other than the Contracting Officer, directs a change in the work to be performed, or increases the scope of work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

CONTRACT MANAGER

1. The contractor shall provide a contract manager who shall be responsible for the performance of work. The name of this person and an alternate(s) who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer or designee prior to start performance.

2. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

3. The contract manager or alternate shall be available during normal duty hours within sixty (60) minutes to meet at the job site with the Contracting Officer or designee to discuss problem areas. The contractor shall provide to the Contracting Officer or designee the telephone number of the person(s) to call should the need arise.

4. The contract manager or alternate shall be capable of explaining the work operations and receiving instructions in the English language. The Contracting Officer shall have the right to determine without appeal of such decision, whether the proposed representative has sufficient technical and lingual capabilities and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

ENTRY PASSES

1. Within 10 working days after contract award, the Contractor shall submit, to the COR, completed

Applications for USAREUR Installation Pass forms for each person that will be employed for the performance of this contract. The forms will be issued at the pre-performance meeting. The forms must be supported by the following documentation.

a. 2 photocopies of the personal identification document;

b. 1 passport size picture;

c. 1 certificato del casellario giudiziale or 1 certificato dei carichi pendenti.

2. Failure to obtain entry approval shall not affect the contract price and/or time of completion.

PERFORMANCE COORDINATION

Before starting performance, the Contractor SHALL coordinate the operation with the COR.

SUBSTITUTION OF PROPOSED FIRM(S)

If the award is made to a Permanent Pool of Firms (Consorzio Stabile), the Contractor shall make no substitution of the firm(s) that it has proposed to perform the work during the evaluation phase unless the firm(s) goes/go out of business. In this case, the Permanent Pool of Firms shall provide to the Contracting Officer the names of at least five (5) proposed substitutions with comparable or better qualification, past performance, and technical competence to the firm being replaced, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the Contractor within ten (10) calendar days after receipt of all required information of the decision on substitution.

SUBCONTRACTING

The Contractor shall submit requests to subcontract any portion of work to be performed under this contract to the Contracting Officer for approval. The following documents shall be submitted for subcontract consent.

1. Description of Work to be subcontracted

2. Name(s) of the Subcontractor(s)

CONTRACTOR RESPONSIBILITY

1. Contractor Supervision. Pursuant to FAR 52.236-6 Clause “SUPERINTENDENCE BY THE

CONTRACTOR (APRIL 1984)”, Contractor shall supervise his/her employees to ensure compliance with contract standards. Contractor or his/her representative shall be present at all times during work performance at contract site.

2. Host Nation Safety Requirements. In addition to the safety requirements set forth in FAR 52.236-13 Clause

“ACCIDENT PREVENTION (APRIL 1984)”, Contractor shall comply with Host Nation Safety Regulations.

If a prime contractor subcontracts work, the prime contractor will be responsible to verify the professional technical capabilities of its subcontractors in accordance with attachment XVII of Italian DLGS 81/2008. In case of conflict between Host Nation and US Standards, the more stringent standards shall govern.

3. Fire Protection and Prevention. The Contractor shall comply with fire protection and prevention regulation and fire defense plan prescribed for buildings in which work is to be performed. A copy of the regulation and plan is on file with the Contracting Officer or Contracting Officer Representative (COR).

4. NOTE: UNDER NO CIRCUMSTANCES SHALL CONTRACTOR STORE FLAMMABLE

MATERIAL WITHIN GOVERNMENT BUILDINGS.

5. Lost Articles. Contractor shall be responsible in the event of theft by his personnel of Government property or personal property of Government personnel, civilian or military. All lost or misplaced articles found by his/her employees shall be turned in to the COR.

6. Protective Measures. In addition to FAR 52.236-9 “PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APRIL 1984)”, Contractor shall provide barricades and precaution signs in both English and the Host Nation language for the safety of inhabitants and passers-by. Contractor shall be responsible for removal of furnishings and equipment as required for preparation of work sites as well as for reinstallation thereof. Contractor shall replace any furnishings and equipment at their original locations upon completion of contract work.

7. Building Security. Contractor employees shall assure that all equipment is de-energized and stored in designated storage areas together with supplies upon completion of work. When buildings are unoccupied – lights, water outlets, and blowers shall be turned off and windows closed and locked on a floor-to-floor basis as work progresses, followed by locking of all exterior doors upon completion of work. Keys to buildings shall be deposited with the COR. Contractor shall be responsible for any losses or damages arising from failure to secure buildings during and after working hours by his/her personnel.

8. Clean Up. In accordance with Contract Clause FAR 52.236-12 “CLEANING UP (APRIL 1984)”, Contractor shall be responsible for cleaning up. Accumulated dirt and debris shall be hauled off, and disposed of in accordance with Host Nation Law, at least once a week by the Contractor. Stairwells used by the Contractor during execution of work shall be cleaned daily. Cloths, mops, and brushes containing combustible materials shall be disposed of or stored outside of the buildings in tight, covered, metal containers. Paints and thinners shall not be poured into inlets of the interior or exterior sewage system. Paints, stains, and other residues on adjacent surfaces or fixtures caused by the Contractor shall be carefully removed and cleaned to original finish.

Upon completion of the work, the Contractor shall remove all construction equipment, materials, and debris resulting from contract work. The entire work site and the area used by the Contractor personnel shall be left clean.

9. Turn-in Salvage Material. The Contractor shall be responsible for salvage. All dismantled materials indicated for turn-in by the specification or as directed by the COR shall be enumerated in a roster prepared by the Contractor and turned in to Government disposal office/yard selected by COR. Contractor shall obtain a hand receipt for the materials turned in and attach the hand receipt to his final invoice. Turn-in times shall be as directed by the COR.

AS-BUILT DRAWINGS

The Contractor shall include as-built drawings as an element of work in its progress schedule.

The Contractor shall maintain at the job site one set of full-size prints of the contract drawings, accurately marked in red with adequate dimensions, to show all variations between the construction performed by the Contractor and those that are indicated or specified in the contract documents, including buried or concealed construction.

Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the contract drawings. Existing utility lines and features revealed during the course of construction shall also be accurately located and dimensioned. Variations in the interior utility systems shall be clearly defined and dimensioned; and coordinated with exterior utility connections at the building five-foot line, where applicable.

Existing topographic features which differ from those shown on the contract drawings shall also be accurately located and recorded. Where a choice of materials or methods is permitted herein, or where variations in scope or character of methods is permitted herein, or where variations in scope or character of work from that of the original contract are authorized, the drawings shall be marked to define the construction actually provided. The representations of such changes shall conform to standard drafting practice and shall include such supplementary notes, legends, and details as necessary to clearly portray the as-built construction.

The Contractor’s as-built drawings shall be available for review by the Contracting Officer, Contracting Officer Representative (COR) and Government Inspector at all times.

Upon completion of the work, the as-builts shall be certified and signed by the Contractor as being accurate, and delivered to the COR for approval and acceptance. Within 14 calendar days from receipt, the COR will review the as-builts and return, with comments, to the Contractor. The as-builts will be returned to the Contractor with an electronic copy of the original contract drawings in the CAD version. The Contractor shall update the original drawings as recorded during the construction phase and shall provide the following documentation.

a. One CAD electronic copy of the entire project in the as-built version certified by the Contractor as as-builts.

b. One PDF electronic copy of the entire project in the as-built version, certified by the Contractor as as-builts.

c. One printed copy on reproducible support (polyester) of the entire project, limited to the copies on which some modifications were made, to be provided with the same characteristics and format of the originals (certified by the Contractor as as-builts).

Requests for partial payments will not be approved if as-builts are not kept current

Requests for final payment will not be approved until the final corrected as-builts are delivered to the COR for final acceptance. The COR will review and perform final acceptance of the as-builts within 7 calendar days from receipt.

ENVIRONMENTAL PROTECTION

1. General: The Contractor shall be responsible for providing a plan for the prevention of environmental pollution during and as a result of construction operations under this contract. During the Pre-Construction Conference, the Contractor will meet with representatives of the Contracting Officer to develop an understanding of the environmental pollution control program.

2. Protection of Land Resources: The land resources outside the limits of permanent work shall be preserved in its present condition, or restored to its original condition, after completion of construction. The Contractor shall confine his construction activities to areas defined by the plans or specifications.

3. Prevention of Landscape Defacement: Except in areas shown on plans or specified to be cleared, the Contractor shall not deface, injure or destroy trees or shrubs, nor remove or cut them, without the written authorization from the Contracting Officer. Survey monuments or markers shall be protected before operations in the vicinity of the survey markers.

4. Restoration of Landscape Damage: Any landscape feature damaged by the Contractor’s operation shall be restored to its original condition at the Contractor’s expense. The Contracting Officer will decide what method of restoration shall be used.

5. Temporary Excavation and Embankments: If the Contractor proposes to construct temporary roads or embankments and excavations for plant and/or work areas, the Contractor shall submit for approval at least seven (7) calendar days prior to scheduled start of such temporary work:

a. A layout of all temporary roads, excavations and embankments to be constructed within the work area.

b. Details of the completed borrow excavations.

6. Post-Construction Cleanup: The Contractor shall remove all signs of temporary construction such as haul roads, work areas, structures, foundations of temporary structures, and stockpiles of materials.

7. Protection of Water Resources: The Contractor shall not pollute streams or drainage courses with fuels, oils, bitumen, calcium chloride, acids, construction wastes, or other harmful materials. The Contractor is responsible for investigating and complying with all applicable local laws and directives concerning pollution. All work shall be performed so that objectionable conditions will not be created.

8. Erosion Control: Prior to the start of construction, the Contractor shall submit a plan for approval of the

Contracting Officer showing his methods for controlling erosion and disposing of wastes. Fills and waste areas shall be constructed by selective placement to eliminate silts or clays on the surface that will erode and contaminate adjacent streams and reservoirs.

9. Spillage: Special measures shall be taken to prevent chemicals, fuels, oils, greases, bituminous materials, waste washings, herbicides and insecticides, cement and other contaminants from contaminating the soil and ground water, or from entering streams.

10. Disposal: Disposal of any materials, wastes, effluents, trash, garbage, oil, grease, chemicals, etc., shall be subject to the approval of the Contracting Officer. Ground which has been contaminated by Contractor activities shall be excavated and disposed of as directed by the Contracting Officer, and replaced with suitable fill material, compacted and finished with top soil, at the Contractor’s expense.

ACCIDENT PREVENTION

1. In accordance with clause 52.236-13 "Accident Prevention," the U.S. Army Corps of Engineers Safety and

Health Requirements Manual, EM 385-1-1 can be accessed at: http://www.usace.army.mil/inet/usace-docs/eng-manuals/em385-1-1/toc.htm

2. The Contractor will maintain an accurate record of, and will report to the Contracting Officer in the manner and on the forms prescribed by the Contracting Officer, all accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies and equipment incident to work performed under this contract.

3. Compliance with the provisions of this article by subcontractors will be the responsibility of the Contractor.

4. Prior to commencement of the work, the Contractor may be required to;

a. submit in writing his proposals for effectuating provision for accident prevention;

b. meet in conference with representatives of the Contracting Office to discuss and develop mutual understandings relative to administration of the overall safety program.

HOT WORK PERMIT

The Contractor shall be responsible for coordinating with the Contracting Officer Representative (COR) to obtain a Hot Work Permit from the Directorate of Public Works (DPW) Fire Department before starting any work with an open flame.

UTILITY OUTAGES

The Contractor shall obtain the COR approval in ordre to perform any utility outage under this contract. Utility outages requests shall be submitted in writing to the COR at least 15 calendar days before any desired utility outage.

ASBESTOS

If the Contractor encounters material suspected of containing asbestos, the project manager shall note those materials and inform the COR on a daily basis. The Contractor shall treat suspected materials as if they contain asbestos until an analysis is possible. The Government will provide the analysis.

GOVERNMENT-FURNISHED UTILITIES

1. Utilities. Water and electrical power required for the execution of this project will be made available to the

Contractor without charge, in accordance with the contract clause “AVAILABILITY AND USE OF UTILITY SERVICES (APRIL 1984), FAR 52.236-14. Necessary connections to lines shall be made by the Contractor without additional cost to the Government. Electrical connections or temporary installations shall be made in accordance with VDE 0100. No other material, equipment, or services shall be furnished by the Government unless expressly stated elsewhere herein.

W912PF-16-T-0064

2. Telephones. Telephone facilities shall be made available without charge at a location designated by the Contracting Officer to make calls within the military reservation areas only. Use of telephones in family quarters by the Contractor or his/her employees or Sub-Contractors is strictly prohibited.

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1. This requirement specifies the procedure for determining time extensions for unusually severe weather, in accordance with the Contract Clause FAR 52.249-10 – 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 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 and negligence, of the Contractor.

2. The following schedule of monthly anticipated adverse weather delays for the project location is based on the Italian Weather Agency (Bollettino Meteorologico) 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.

Monthly Anticipated Adverse Weather (Calendar Days)

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 8 7 10 8 5 3 3 3 5 10 10 8

3. Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the

Contractor shall record on the daily Contractor Quality Control (CQC) report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor’s scheduled work day.

4. The number of actual adverse weather delay days shall include days impacted by actual adverse weather, even if the adverse weather occurred in the 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 in paragraph 2 above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification for time, in accordance with the FAR 52.249-10 – DEFAULT (FIXED PRICE

CONSTRUCTION).

PRE FINAL AND FINAL INSPECTION

1. Prior to the final inspection, the Contracting Officer has the right to schedule one, or more than one, pre-final inspection if he/she determines it necessary. The pre-final inspection(s) will be conducted jointly among the Contractor, the COR, and appropriate Government personnel. Any discrepancies noted shall be corrected prior to any final inspection.

2. When the project is ready for final inspection, the Contractor shall request final inspection in writing to the

Contracting Officer at least two (2) calendar days before the desired date of inspection.

Section I - Contract Clauses

CCE-242-4001

CCE 242-4001 INSTRUCTIONS FOR CONTRACTOR'S QUALITY CONTROL PLAN (March 2005)

The contractor will coordinate with the COR (or receiving activity, if no COR has been appointed) to establish a Contractor's Quality Control Plan (CQCP).

The contractor will provide a copy of the CQCP annotated with the contract number to the COR at the pre-performance conference. The COR will submit an approved copy to the Contracting Officer.

In addition to any requirements in the specification or statement of work, the contractor's quality control plan must have as a minimum:

- Identification and clearly defined authority of key personnel under the contractor's organization.

- A quality inspection system covering all general and specific tasks included in the contract scope of work. It should specify tasks or areas to be inspected on either a scheduled or unscheduled basis, and the manner in which inspections are to be conducted.

- The names of firms or individuals tasked to perform inspections and the extent of their authority. This may be in the form of an organization chart or other form approved by the contracting officer's representative (COR).

- Proposed test methods, including names of technicians or qualified testing laboratories to be used, if applicable.

Tests must be specified.

- A method of identifying deficiencies in the quality of services or construction performed before the level of performance becomes unacceptable.

- A method of documenting and enforcing quality control operations of both prime and subcontractor work, including inspection and testing.

- Key control, internal control or security procedures, if applicable.

- Any winterization plans and procedures for outdoor and exposed contractor and Government furnished equipment, if applicable.

- A method of identifying deficiencies in the quality of manufacturing, services, or construction performed before the level of performance becomes unacceptable.

- Detailed information specifying the types of action the contractor will take to correct deficiencies and prevent their recurrence.

- Detailed information on the inspection methods used and proposed test methods, including names of technicians or qualified testing laboratories to be used, if applicable. Tests must be specified.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.227-14 Rights in Data--General MAY 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.232-27 Prompt Payment for Construction Contracts MAY 2014 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 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items JUN 2016 52.249-10 Default (Fixed-Price Construction) APR 1984

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

ITEMS) (JUN 2016).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are ncorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(ii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(iii) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(iv) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(v) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(vi) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JUL 2013).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (JUN 2016).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, ``United States'' includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xi) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)).

(xii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiii) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR[supreg] Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xiv) 52.223-20, Aerosols (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xv) 52.223-21, Foams (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;

or contracts for construction of buildings or facilities.

(xvi) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xviii) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (JUL 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)

(xix) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xx) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June, 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

(Insert one or more Internet addresses)

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor's request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if--

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall--

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until--

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as--

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or…