Conf_Copy_IFB_23-B-0005-0001_Harney_Gym.pdf

The Government requires performance of w ork described in these documents:

1. This Solicitation is 100% Set Aside for Small Business.

2. FAR Clause 52.2228-1 provides Required Bid Guarantees for this project.

3. The Magnitude of Contruction is provided IAW FAR 26.204 (f) $1,000,000.00 and $5,000,000.00.

4. Site Visit (IFB) review - Reference Site Visit Provision 52.236-27 for details.

NOTICE: Bidders are responsible to routinely check referenced w ebsites in accordance w ith (IAW) FAR Part 52.252-1. All Bidders must adhere to FAR Part 52.214-3 for Amendments to the solicitation and to acknow ledge amendments. Fallure to properly acknow ledge amendmants prior to hour and date specif ied for receipts of bids w ill result in bid rejection.

X

JENNIFER S. WALKER 913-684-1629

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

06-Jul-2023

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________390 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________10 Aug 2023 (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 X is, is not required.

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

D. Offers providing less than _______90 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

MICC FORT LEAVENWORTH

535 KEARNY AVE.

BLDG 338

FORT LEAVENWORTH KS 66027

W91QF4

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

913-684-1610FAX:TEL: 913-684-1614 TEL: FAX:

W91QF423B0005 51

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

W91QF423B0005

Section A - Solicitation/Contract Form

BID NOTES

The word “remove” herein shall be understood to mean “remove and dispose of in a lawful manner off the installation”.

The word “provide” herein shall be understood to mean “furnish and install”.

The term “Offeror(s)” may be utilized interchangeably with the term “Bidder(s)” however, use of the term “Offeror” in place of “Bidder” does not constitute a material change Sealed Biddging procedures in accordance with FAR Part 14 and/or Evaluation Factors contained within Section “M” of this IFB.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Bldg_664 Renovation - Harney Gym

FFP

Reference Section SOW and applicable attachments in Section J.

FOB: Destination

PSC CD: Z2JZ

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job Bond - Bldg_664 Harney Gym

FFP

PSC CD: Z2JZ

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

SOW Reference attachment in Section “J”.

Section D - Packaging and Marking

PACKAGING AND MARKING

D.1. SHIPPING ADDRESS

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government. The Contractor shall retain full responsibility for the delivery and acceptance of shipments to this installation or elsewhere that are required for the completion of this task order.

D.2. PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each Task Order with a Task Order number at time of award. The Task Order number is a unique identifier to purposely and permanently represent an awarded project. The Government issued Task Order number is to be referenced on all official communications starting upon notice of award.

D.3. PACKAGE MARKING

The packing of deliverables, containers, and packages to be delivered pursuant to the requirements of each individual Task Order shall be in accordance with the instructions provided with each Task Order, and shall be marked with the following information.

Contract Number (example – W91QF4-23-C-0XXX) Short title of contract (e.g. Bldg #664 Harney Gym)

Section E - Inspection and Acceptance

INSPECTION & ACCEPTANCE

E.1. QUALITY CONTROL

When the Contractor is ready for final inspection; they shall request final inspection in writing to their assigned DPW Inspector. The final inspection shall be requested a minimum of two (2) work days prior to desired final inspection date. Prior to a request for final inspection, the Contractor's Quality Control (QC) representative shall conduct an inspection and insure that all work has been completed and is in compliance with all Task Order documents. The Contractor’s QC representative will provide a copy of their inspection report to the Government’s Inspector with a copy of the status of deficiency correction, if applicable.

E.2. INSPECTION PHASES

In the event there are phases of work that will cover or mask a contractor’s work, it is the sole responsibility of the contractor to ensure acceptance of that phase of work prior to continuance of the follow-on phase of work. Should the contractor disregard this information, they may be subject to the Contracting Officer’s discretion to tear out or remove the covered or masked work completed prior to allow for Government inspection. Should corrections by the contractor be required, the costs for removal and re-installation of the work will be the responsibility of the contractor.

(e.g. drywall installed that covers electrical wiring prior to Government inspection would then have to be removed for Government inspection and subsequently re-installed by the contractor at their costs if the wiring contained deficiencies)

E.3. INSPECTION AND ACCEPTANCE

The Contractor’s representative(s) shall be present during final inspection. Any discrepancies noted will be corrected within the time specified by the Contracting Officer or their designated representative and prior to final payment.

Inspection and Acceptance point will be at destination specified in each Task Order.

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 0002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-12 Inspection of Construction AUG 1996 52.246-16 Responsibility For Supplies APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

(End of clause)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 390 dys. ADC 1 DIRECTORATE OF PUBLIC WORKS

MIKE GREGG

CONTRACT ADMIN

BLDG 85 820 MCCLELLAN AVE

FORT LEAVENWORTH KS 66027

913-684-8952

W90F2S

0002 10 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

W90F2S

52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991

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 the completion days specified within the award delivery schedule. The time stated for completion shall include final cleanup of the premises.

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 $351.45 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.

(End of clause))

Section G - Contract Administration Data

252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7006 Billing Instructions--Cost Vouchers MAY 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

See paragraph (B) below.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Construction – W90F2S

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0490

Issue By DoDAAC W91QF4

Admin DoDAAC** W91QF4

Inspect By DoDAAC W90F2S

Ship To Code W90F2S

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

WAWF Acceptor – Michael M. Gregg – michael.m.gregg3.civ@army.mil – 913-684-8952

Alternate WAWF Acceptor – James A. Schroeder – james.a.schroeder.civ@army.mil – 913-684-7789

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Contract Specialist – Jennifer S. Walker – jennifer.s.walker12.civ@army.mil – 913-684-1629

Contract Specialist – Chester L. Serviora – chester.l.serviora.civ@army.mil – 913-684-1643

(2) Contact the WAWF helpdesk at 866-618-5988 if assistance is needed.

TO PREVENT UNINTENDED SYSTEM ACTIONS, DO NOT MARK INVOICES AS FINAL

Section H - Special Contract Requirements

LOCAL INSTRUCTIONS

H.1. WAGE DETERMINATION

Reference to attachments in Section “J” for current applicable Wage Determination.

H.2. RESPONSIBILITY FOR ADMINISTRATION OF CONTRACT

a. The Contracting Officer is responsible for the administration of this contract. The Contracting Officer alone is authorized to the extent indicated in the contract to act on behalf of the government which results in changes in the terms of the contract, including deviations from specifications, details and delivery schedules. Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be affected without a written modification to the contract executed by the Contracting Officer. Delivery/Task orders will be issued by the Contract Administration Division.

b. No oral statement of any person will in any manner or degree, modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

c. All matters pertaining to Government administration of this contract should be directed to:

ATTN: FELIPE D. ZARAGOZA

MICC-LEAVENWORTH

535 KEARNY AVE., ROOM 102

FORT LEAVENWORTH, KS 66027-1138

TELEPHONE NUMBER: (913) 684-1625

FAX NUMBER: (913) 684-1610

EMAIL ADDRESS: felipe.d.zaragoza.civ@army.mil

d. Contractor Primary Point of Contact – If not designated elsewhere contained herein, the contractor shall designate a Project Manager for this contract who has the authority to bind their company through the course of this contract as it pertains to resources, personnel, fiscal requirements to dilligently prosecute this contracts full requirements for satisfactory delivery to the Government per the terms and conditions specified herein or attached.

The Project Manager shall be available to the Contracting Officer or their designated representative during the normal duty hours of specified herein to include scheduled or short notice meetings.

H.3. PRECONSTRUCTION CONFERENCE

A Preconstruction Conference will be scheduled by the Contracting Officer after contract award and prior to the time and date set for commencement of work. The meeting will be held at Fort Leavenworth. At this meeting, the Contractor will be oriented with respect to Government procedures and lines of authority, as well as contractual, administrative, and construction matters. The Contractor is required to furnish

- Current Certificate of Insurance

- Letter appointing their Key Personnel to include but not limited to their Superintendent, Quality Control Inspectors/Manager(s), Administrative Personnel and Task Order Manager (as required)

- FAR 28.102, the Contractor shall furnish all bonds before receiving a Notice to Proceed exceeding $35,000.00.

- Ensure administrative personnel are aware weekly Payrolls are to be sent to the Contracting Officer at the following e-mail address usarmy.leavenworth.acc-micc.mbx.construction@army.mil utilizing the contract number with task order number, building number and payroll end date as the naming convention for both the e-mail subject line and the title of the file. (see below)

(e.g. W91QF4-23-C-0XXX_B-664_W-E_5Feb23)

H.4. COMMON ACCESS CARD (CAC)

If issued, credential (CAC) is the property of the U. S. government and shall not be retained upon expiration, replacement, or when the DoD affiliation of the employee has been terminated. The Contractor has a responsibility to ensure the government issued credential (CAC) is returned in accordance with local command or installation procedures. Unauthorized possession of an official credential, like a CAC, can be prosecuted criminally under section 701, title 18, United States Code.

H.5. RESTRICTIVE USE OF CAMERAS, VIDEOS, AND DIGITAL CAMERA DEVICES

Installation security measures prohibit prospective bidders and contractors from taking pictures and/or videos on Post unless prior permission is sought and received from the Contracting Officer. Permission may be sought by contacting the Contracting Officer verbally or in writing. Use of cameras or other picture taking devices without proper approval may be considered a violation of Installation Security and prosecution of such violations may be subsequently induced.

H.6. RESTRICTED ACCESS TO MILITARY INSTALLATION - COOPERATION WITH FORCE

PROTECTION MEASURES

a. The contractor agrees to abide by and cooperate with Force Protection measures that are implemented on the military installation.

b. Visitors and commercial vehicles with a Department of Defense-issued ID card, Locally Approved Credential (LAC), or Temporary Pass (1 to 30 days) may use Grant Gate open 24/7. See procedures, locations, & hours of operation at the following – https://home.army.mil/leavenworth/index.php/my-fort/all-services/gate-information.

c. If a contractor or a contractor’s employee does not possess any of the ID cards listed above in paragraph B, the first stop must be at the Fort Leavenworth Visitor Control Center at the corner of Metropolitan Avenue and 4th Street.

d. Personnel entering the Fort Leavenworth Visitor Control Center, should have registration and proof of insurance and that of all passengers must have a either a driver’s license or other form of government photo ID. Following a routine background check, visitors will receive a Temporary Pass and Instructions allowing them to enter the installation.

H.7. COMPLIANCE WITH ENVIRONMENTAL AND OCCUPATIONAL SAFETY AND HEALTH LAWS

A. The Contractor understands the responsibility for compliance with federal, state, and local laws, rules, and regulations pertaining to environmental protection, occupational health and safety, and transportation, storage, and disposal of hazardous materials and hazardous waste is the sole responsibility of the contractor. This shall include, but not be limited to: all responsibilities of an "owner or operator" of all equipment used by the Contractor and of the areas in which work is being done from the time when the Contractor begins work until the work is accepted and the worksite cleaned up and cleared, and the sole responsibility for compliance with all Army regulations pertaining to hauling and disposal of materials, as well as all federal and Kansas laws and local ordinances regulating the hauling and disposal of hazardous materials and hazardous waste. This clause is meant to supplement, not replace, any requirements pertaining to compliance with the law or safety requirements contained elsewhere in this contract.

B. The Contractor shall be solely responsible for all costs of compliance with all such laws, rules, and regulations, to include all training of personnel, submission of permit and license applications, purchases of materials, payment of applicable fees and taxes, and payment of fines and penalties for noncompliance. The U.S. Government shall not pay fines or penalties resulting from noncompliance and shall not pay fees required to maintain and process required records or permit applications necessary to perform this contract. Should the Government choose to do so, it may, but does not have to, correct violations of environmental and occupational and safety laws which the Contractor fails to correct after reasonable notice; if the Government chooses to correct the violation(s), as opposed to having the Contractor do so, the Contractor shall reimburse to the Government all direct and indirect costs of correcting the violation(s).

C. The Contractor understands that compliance with all environmental and occupational safety and health laws is a part of this contract to which the Government is entitled to strict compliance. The Contractor understands it has no authority to dispose of government waste in absence of the necessary regulatory authorizations. The Contractor further agrees to notify the Government if the Contractor is (1) cited as being in violation of federal, state, or local waste disposal regulations; or (2) loses its authority to haul or dispose of waste under federal or state laws. Delays caused by the Contractor's need to comply with such laws, or resulting from failure to comply with such laws, shall not result in any equitable adjustments or claims under this contract nor excuse the Contractor's obligation to complete the work under the contract.

D. The Contractor shall notify the Contracting Officer immediately upon discovery of exposure to lead, other hazardous waste or substances, or asbestos to the air, land, or water in any location in which the Contractor is required by law to report the exposure to a regulatory agency. In the event that such exposure is the result of any action of the Contractor, the Contractor will cease work immediately and notify the Contracting Officer. The Contractor understands that there will be no equitable adjustment for time lost or expenses incurred as a result of the need to correct any such exposure which is the result of negligent or intentional acts of Contractor personnel.

E. The Contracting Officer or a designated Contracting Officer's Representative shall be allowed access to Contractor files and Contractor's personnel files as they see fit to ensure compliance with this clause. All regulatory agencies, from any level of government, whose responsibilities includes inspection and appropriate other action, shall be allowed to inspect the worksite to the extent necessary to carry out their responsibilities. A copy of this clause, without changes, shall be inserted into any subcontracts. Performance of the subcontractor, to include compliance with this clause, shall be the responsibility of the Contractor.

F. If any Hazardous Waste (HW) is generated during the course of the project, the contractor will be responsible for the proper disposal and payment of all HW IAW 40 CFR, 49 CFR and Kansas Department of Health and Environment (KDHE) Chapter 65 Article 34 and Article 31.

The contractor will provide all containers required to ship any HW using only approved UN shipping containers for the type of waste being shipped.

Ft. Leavenworth Environmental will be notified when any containers are opened for use and will provide labeling using the HMMS HW tracking system.

The contractor will be liable for all fines and notice of violations (NOV's) which may occur from either the EPA or KDHE for improper handling of any HW.

Ft. Leavenworth Environmental are the only persons designated to sign any HW manifests, a copy of all shipments of HW that will require a Bill of Lading will be reviewed by and given to the Environmental Office.

REQUIREMENTS CONTRACTOR MUST

COMPLY WITH PRIOR

TO SHIPMENT OF HAZARDOUS WASTE

Many contracts onboard Ft. Leavenworth require the contractor to ship his hazardous waste from the post. Prior to shipment, there are a few items that are required prior to Ft. Leavenworth Environmental signing the manifest and releasing the items for transport. These requirements are listed below and must be given to the base environmental at a minimum of 2 working days prior to the desired shipping date.

A licensed transporter must transport waste.

Waste must go to a permitted facility.

Waste must be properly packaged and labeled IAW 40/49 CFR.

Copy of the analysis for the waste/s going out.

Copy of the profile.

Letter from disposal facility allowing the waste and profile to be accepted at their facility.

Copy of Manifest Copy of any land disposal restrictions (LDR).

These items can be faxed to (913) 684-8978 Attn. HW Manager or hand delivered to the Environmental Division for approval.

The following information will be needed on the manifest:

Block 1 generators EPA ID number KS4213720499 Block 5 generators name and address

US Army Combined Arms CTR and Ft. Leavenworth 810 McClellan Ave Ft. Leavenworth, KS 66027

Generators phone (913) 684-8975

H.8. SAFETY AND ACCIDENT PREVENTION

In performing work under this contract, the Contractor shall--

A. Conform to the specific safety requirements established by this contract.

B. In accordance with DA PAM 385–10 • 27 November 2013, a site-specific safety plan is REQUIRED.

C. Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract.

D. Take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel performing or in any way meeting the performance of this contract; and

E. Take such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes.

The installation Safety Officer will be responsible for monitoring the Contractor in the area of safety and accident prevention.

H.9. SAVE HARMLESS AND INDEMNITY AGREEMENT

The contractor shall save and keep harmless and shall indemnify the government against any and or all liability, claims, demands and costs, of whatever kind and nature, for injury to or death of any person or persons and for loss or damage to any property (government or otherwise) occurring in connection with or in any way incident to or arising out of performance by the contractor. The contracting agency has discretion to offer for competition a proposed contract that imposes maximum risks on the contractor and minimum burdens on the agency.

H.10. LEGAL PUBLIC HOLIDAYS

The following is a list of legal public holidays, which is provided for informational purposes in which the government will not be open for business.

New Year's Day.................... 1 January

Martin Luther King's Birthday... third Monday in January Presidents' Day................... third Monday in February Memorial Day...................... last Monday in May Juneteenth ………………… 19 June Independence Day.................. 4 July Labor Day......................... first Monday in September Columbus Day...................... second Monday in October Veterans' Day..................... 11 November Thanksgiving Day.................. fourth Thursday in November Christmas Day..................... 25 December

NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday. Holidays falling on a Sunday will be observed on the following Monday.

H.11. KANSAS SALES AND USE TAX

Notwithstanding any other provisions of the contract, the contract price excludes the Kansas retailer's sales tax and compensating (use) tax on all sales of tangible personal property or services purchased by the Contractor or subcontractors for the sustainment, restoration, or repairs of buildings or other projects called for by this contract. In accordance with Kan. Stats. Anno. Sec 79-3606(e), the Contracting Officer will upon request from the Contractor obtain from the State and furnish an exemption certificate for this project for the use by the Contractor and subcontractors in the purchase of materials for incorporation in the project and of services. The Contractor and the subcontractors shall furnish the number of such certificate to all suppliers from whom such purchases are made, and the suppliers shall execute invoices covering the same bearing the number of such certificate. Pursuant to a 1977 amendment to K.S.A., 1976 Supp., 79-3606(e), effective 1 July 1977, the Contractor is required to retain all invoices for a period of 5 years during which time these invoices are subject to audit by the Kansas Director of Taxation.

Upon completion of the project, the Contractor shall complete the Project Completion Certificate (Form STD 77, REV. 6/77) in duplicate, returning one copy to the Contracting Officer, and forwarding the other to the Kansas Director of Taxation.

H.12. CONDUCT OF EMPLOYEES

The contractor is fully responsible for the performance and always conduct of his employees while on post performing under this contract. The contractor shall not allow any employee to perform work under this contract while under the influence of alcohol, drugs, or any other incapacitating agent. Military police and other law enforcement personnel on post have the right to deny entry to post or remove from post any contractor employee for misconduct which endangers the health or safety of people or property or for reasons of security. In addition, the Post Commander may bar any individual from entering the post under the authority of 18 U.S.C. 1382. Removal from post of a contractor employee in accordance with the above shall not relieve the contractor from the requirements to meet all the terms and conditions of the contract; nor shall such removal be grounds for the contractor to file a claim.

H.13. ADVERTISING ON CONTRACTOR VEHICLES

Advertising displayed on Contractor vehicles is permitted provided that the advertising is so worded as not to imply Army or United States Government approval or sanction of the advertised service and is not embarrassing or detrimental to the Government.

H-14. SCHEDULE OF VALUES (Invoicing and Payments authorized via WAWF)

Contractor Project Managers are responsible submit a “Schedule of Values (SOV)” to the Contracting Officer Representative for each individual awarded project that outlines acceptable milestones of payment for each awarded Task Order that is not otherwise going to be invoiced 100% at completion. The SOV is intended for longer term projects that are more than 30 days in duration that include long lead times for order of equipment. While the percentage of acceptable invoicing on milestones can vary, the contractor may not invoice for greater than 90% of any project until full completion.

H.15. A/T and OPSEC REQUIREMENTS

AT Level I Training. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR (assigned DPW Inspector) or to the contracting officer, if a COR (assigned DPW Inspector) is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website:

https://jkodirect.jten.mil/.

Access and general protection/security policy and procedures. Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

For contractors that do not require CAC but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

iWATCH Training. The contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees’ commencing performance, with the results reported to the COR within 10 calendar days after completion of training by all employees and subcontractor personnel. Training found at https://home.army.mil/polk/index.php/about/garrison-directorates-and-support-offices/DPTMS/iwatch

OPSEC. Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training found at https://securityawareness.usalearning.gov/opsec/index.htm.

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 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-12 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

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2022 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014

52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-32 Construction Wage Rate Requirements--Price Adjustment (Actual Method)

AUG 2018

52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.223-21 Foams JUN 2016 52.225-12 Notice of Buy American Requirement - Construction

Materials Under Trade Agreements

MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Individual Surety--Pledge of Assets FEB 2021 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 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 52.236-10 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 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.246-21 Warranty of Construction MAR 1994 52.246-26 Reporting Nonconforming Items. NOV 2021 52.247-5 Familiarization With Conditions APR 1984 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-4 Termination For Convenience Of The Government (Services) (Short Form)

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

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

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements JAN 2023 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China

JAN 2023

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

OCT 2010

252.247-7023 Transportation of Supplies by Sea JAN 2023

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of and shall the Contracting Officer not be binding until so approved.

52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that--

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to--

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the…