RFQ Inspection MPF Afterburner Refractory.doc.pdf

ANCDF-RFQ-W10-1460

SOLICITATION/CONTRACT FORM

REQUEST FOR QUOTATION

Inspection and Evaluation of the Metal Parts Furnace (MPF) and Afterburner Refractory

WESTINGHOUSE ANNISTON (WA)

Washington Government Environmental Services, LLC

URS

WESTINGHOUSE ANNISTON (WA)

Request For Quotation (Services)

RFQ ANCDF-W10-1460

WESTINGHOUSE ANNISTON (WA), a Division of Washington Group International, Inc., who is a prime contractor under Department of the Army Contract DAAA09-96-C-0018, intends to award a Firm-Fixed Price Subcontract for the Inspection and Evaluation of the Metal Parts Furnace (MPF) and Afterburner Refractory at the Anniston Chemical Agent Disposal Facility (ANCDF) in Alabama.

SECTION A

SOLICITATION

You are requested to submit a Firm-Fixed Price quotation to accomplish the work described herein understanding that WA may award a binding subcontract without amendment or further discussion of your quotation. Your quotation, therefore, should be initially submitted providing your best terms of a price. However, WA reserves the right to reject any and all quotations and shall not be liable for costs incurred in the preparation of quotations.

TABLE OF CONTENTS

SEC.

DESCRIPTION

PAGE

SEC.

DESCRIPTION

PAGE

PART I – THE SCHEDULE

PART II – CONTRACT CLAUSES

A

SOLICITATION/CONTRACT FORM

I

CONTRACT CLAUSES

B

SUPPLIES OR SERVICES AND PRICES/COSTS

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER

ATTACHMENTS

C

DESCRIPTION/SPECS/STATEMENT OF WORK

J

LIST OF ATTACHMENTS

D

PACKAGING AND MARKING

PART IV – REPRESENTATIONS AND INSTRUCTIONS

E

INSPECTION AND ACCEPTANCE

K

REPRESENTATIONS, CERTIFICATIONS AND

F

DELIVERIES OR PERFORMANCE

OTHER STATEMENTS OF BIDDER 49

G

CONTRACT ADMINISTRATION DATA

L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO

RESPONDENTS

H

SPECIAL CONTRACT REQUIREMENTS

M

EVALUATION FACTORS FOR AWARD

SUBMISSION INSTRUCTIONS

Address Quotation to:

Westinghouse Anniston ATTN: Alan Mc Dermott Subcontract Administrator 3580 Morrisville Road Anniston, AL 36201

Reference: Inspection and Evaluation of the MPF and Afterburner Refractory

Award of a Subcontract relative to this Quotation is Subject to the Availability of Government Funds

There will be no Site Visit as the MPF is in service

To be considered your quotation must be submitted no later than 4:30 CST on May 7, 2010.

NOTE SITE REQUIRMENTS.

QUOTATION

Total Price: Date of Quotation:

Signature:

Name, address, & telephone number of Bidder

Name & title of person authorized to sign Offer:

SECTION B – SUPPLIES OR SERVICES, PRICES & COST

B-1 SERVICES BEING ACQUIRED

Bidder shall perform, on a Firm-Fixed Price (FFP) basis the Inspection and Evaluation of the Metal Parts Furnace (MPF) and Afterburner Refractory at the Anniston Chemical Agent Disposal Facility in accordance with Request for Quotation No. ANCDF-RFQ-W10-1460.

B-2 SPECIFIC PRICING REQUIRED BY BIDDER

Description Quantity Total Price/Cost

Inspection and Evaluation of the MPF and Afterburner Refractory

1/ Lump Sum

SECTION C - STATEMENT OF WORK

PURPOSE OF PROCUREMENT

Westinghouse Anniston (WA) is soliciting a quotation to Inspect and Evaluate of the MPF and Afterburner Refractory at the Anniston Chemical Demilitarization Facility (ANCDF) in Anniston, Alabama.

WA reserves the right not to award a subcontract after receipt of Quotes.

All tasks will be scheduled as permitted by operations. Task duration should be between 3 to 4 days and may exceed normal work days.

Contractor to provide all labor, materials, tools, equipment and supervision required to perform scope of work.

1. Evaluate condition of the refractory in the MPF and Afterburner.

2. Provide a marked up drawing as to the location and condition of any needed repairs.

3. Provide cost and material required to perform repairs, if needed.

4. If we affect the repairs with our assets, provide guidance and approval of the repairs we make.

There shall be no deviation from the original scope except as allowed through WANCDF Subcontracts as required depending on the changes being recommended.

The nature of the work requires the bidder to document experience performing similar work on similar equipment.

SUBCONTRACT NUMBER

The subcontract number assigned to this solicitation is WA-FY10-AM-527 and must be added to the Description section of your liability insurance certificate.

SECTION D – PACKAGING AND MARKING

Since all deliverables are Submittals, no special packaging (Preservation/packing/marking) is required.

SECTION E – INSPECTION AND ACCEPTANCE

I. LOCATION OF WORK

The work is located at the Anniston Chemical Agent Disposal Facility (ANCDF) located off of the Morrisville Road, adjacent to the Calhoun County Transfer Station and Landfill.

II. COMMENCEMENT OF WORK

Prior to contract award and notice to proceed, the Contractor shall submit an acceptable Accident Prevention/Safety Program and past three-year Experience Modification rate (EMR). Development and submission of a Job Hazard Analysis, is required before work may commence, as required by Article H-66-II, paragraphs 1-2, Section H, Safety.

The Contractor’s Safety Program must be approved by WA and implemented prior to commencement of any on-site work.

The time specified for completion of the work shall include final cleanup of the premises.

The work shall be completed within the WA approved Contractor’s progress schedule.

The Contractor shall furnish sufficient forces and equipment, as may be necessary to insure the prosecution of the work in accordance with the approved schedule. In the event the Contractor falls behind in the scheduled work, the Contractor shall take steps as may be necessary to improve progress, including increasing the number of crews and/or the amount of equipment, subject to WA approval, all without additional cost to WA.

III. REQUIREMENTS FOR QUALIFICATION TO PERFORM WORK AT ANCDF (Contractors)

The following documentation must be provided and approved by WA prior to award of subcontracts:

1. Additional Contractor Requirements

a. Proof of Insurance, compliant with WA prescribed coverages, amounts and endorsements (See

Section H, Article 6, for specific insurance requirements).

b. Copy of current Accident Prevention/Safety Plan, approved by WA. The Safety Plan must include

Contractor’s Experience Modification Rate (EMR) for the prior three (3) years, and an industrial hygiene exposure monitoring procedure.

c. Copy of current QA/QC program, approved by WA, as applicable to a resulting subcontract.

d. Contractor must be on the WA approved Evaluated Suppliers List (ESL).

2. Requirements for all Contractor Personnel Working on the ANCDF Site

a. Certificates of completion of specialized training which may be required, depending upon the scope of the project, including but not limited to: welding certification, scaffold erection, work in confined space, Lockout/Tagout procedures.

b. Submission and WA approval of OSHA Respiratory Medical Questionnaire. Contractor personnel must also meet OSHA testing requirements for wearing of respiratory protection equipment.

c. Submission of Personal Data Forms and approval of personal background check conducted by ANAD, required for badging and access to the site, including the Chemical Limited Area (CLA).

d. U.S. citizenship requirement (Foreign Nationals working on the WANCDF site require prior written approval from the ANAD Commanding Officer).

SECTION F – DELIVERY

F-1 DELIVERIES

N/A

F-2 KICK-OFF MEETING

An award Kick-Off Meeting shall be scheduled by WA to execute Subcontract documentation of award, receive submittals as designated throughout this RFQ, introduce all concerned parties, and discuss any issues. The Kick-Off Meeting is typically held within one week of notice of award. Typical items for discussion at the Kick-Off Meeting are:

Clarifications of the Scope of the work Equipment and material installation Submittal requirements Any special technical criteria Coordination of sub-tier subcontractors Inspection and test requirements (including verification and acceptance tests) Special handling, storage, or maintenance requirements, including storage protection at installation location Safety and health, environmental, hazardous waste and/or waste management Security and access permit requirements; escort requirements and coordination Communications requirements Special process requirements Schedule of work Potential long lead time for any materials Review of Payment/Invoicing terms Access/Use of Government Property ANCDF Drills/Exercises

F-3 PERFORMANCE

Contractor will begin work and shall be complete, including testing and final cleanup, within 5 calendar days.

SECTION G – CONTRACT ADMINISTRATION DATA

Subcontract Administrator

The WA Subcontract Administrator for a resulting Subcontract is Alan McDermott.

Westinghouse-Anniston Attention: Alan McDermott, WA Subcontract Administrator 3580 Morrisville Road Anniston, AL 36201 Phone: 256-238-0721 x182 Facsimile: 256-238-8281

Respondent’s Remittance Address Each Respondent shall include the payment address with their quotation, Invoicing

Invoices shall be submitted to: With a copy to:

Westinghouse Anniston Westinghouse Anniston Attn: Accounts Payable Attn: Alan McDermott P.O. Box 1740 P.O. Box 2000 Anniston, AL 36202 Anniston, AL 36202

Invoices shall not be submitted to WA for Requests for Equitable Adjustments (REA) for delays until a negotiated amount has been agreed upon by Subcontractor and WA. REA’s for delays submitted to WA must be accompanied by WA Subcontractor Technical Representative (STR) countersigned Daily Work Reports including a description of the circumstances of the delay and the number of delay hours identified by employee.

Payment Terms

Unless otherwise requested prior to contract award and approved by the WA Business Operations Manager, payments shall be made Net 30 days after receipt of an acceptable invoice. Invoices shall be submitted only after the completion of sublet work and final acceptance by WA. All requests for changes to the payment terms shall be submitted in writing for approval to the WA Subcontract Administrator prior to award of subcontract.

Title

Except as may be specified elsewhere in this Subcontract, title to Material and Supplies shall pass to the Government at time of acceptance of the Work by WA.

SECTION H – SPECIAL CONTRACT REQUIREMENTS, ARTICLES H-1 to H-74

ARTICLE H-1 – DELETED

ARTICLE H-2 - SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING

PROGRAM REPORTING REQUIREMENTS

Note: This clause is not applicable to Small Business Concerns as defined in Section K-8 (b), Ref: 52.2190-1.

This Subcontract contains a requirement for the Subcontractor to develop a subcontracting plan for Small Business and Small Disadvantaged Business Concerns per FAR 52.219-9, Small and Small Disadvantaged Business Subcontracting Plan. This subcontract clause also requires the Subcontractor to submit a semiannual report on Standard Form 294, Subcontracting Report for Individual Contract, and a quarterly report on standard Form 295, Summary Subcontract Report, covering all lower-tier subcontracts let under prime contracts issued by the Department of Defense. With regard to lower-tier subcontracts let under this Subcontract, the following distribution shall be made:

(a) Standard Form 294 (to be submitted as of 31 March and 30 September and at Subcontract completion):

Original and One copy: Wayne Johnson, WA Procurement Westinghouse Anniston P.O. Box 2000 Anniston, AL 36201

(b) Standard Form 295 (to be submitted quarterly):

Original and One copy: Wayne Johnson, WA Procurement Westinghouse Anniston P.O. Box 2000 Anniston, AL 36201

ARTICLE H-3 RESERVED

ARTICLE H-4 - KEY PERSONNEL

The Subcontractor shall designate by name and position title those key personnel, which are considered to be essential to the work to be performed under this Subcontract. Prior to diverting any of the specified individuals to other programs, the Subcontractor shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. The Subcontractor without the written consent of the Subcontract Specialist shall make no diversion. The personnel listing may be amended from time to time during the course of the Subcontract to either add or delete personnel, as appropriate upon written consent of the Subcontract Administrator.

ARTICLE H-5 – RESERVED

ARTICLE H-6, INSURANCE REQUIREMENTS

In accordance with the Subcontract clause entitled "Work on WA, Government or Other Premises," the Subcontractor shall provide evidence of insurance coverage prior to award. The Subcontractor shall maintain insurance in the following types and minimum amounts:

I. WORKERS’ COMPENSATION

a. Coverage: Workers' compensation, and, where an exposure to the statutes exists,

1. Federal Employee Liability Act,

2. U.S. Longshoremen and Harbor Workers' Act,

3. Continental Shelf Act,

4. Jones Act, and

5. Employers' liability.

b. Policy Minimum Limits

1. State and federal acts: Statutory limits

2. Employers' Liability

a. $500,000 trauma, each accident.

b. $500,000 disease, each person.

c. $500,000 disease, policy limit.

II. GENERAL LIABILITY

a. Coverage: Comprehensive or Commercial General liability, including independent Subcontractors, products and completed operations for 24 months after completion of the work, blanket or broad form con-tractual, personal injury, underground ("XCU") hazard exclusions deleted.

b. Policy Minimum Limits

1. $2,000,000 Combined single limit, general aggregate.

2. $1,000,000 Combined single limit, each occurrence, products and completed operations.

3. $1,000,000 per offense, personal injury.

4. $1,000,000 Combined single limit, each occurrence, bodily injury and property damages liability.

III. AUTOMOBILE

a. Coverage: Business automobile liability, including coverage for all owned, hired and non-owned vehicles.

b. Policy Minimum Limits: $1,000,000 Combined single limit, each occurrence, bodily injury and property damages liability.

IV. PROFESSIONAL LIABILITY

a. Coverage

1. Applicable only where exposure exists for Professional services involving design, site surveys, soil testing, and/or Construction Management, etc.

2. Coverage shall provide a minimum 24 month discovery period after completion of the work.

b. Policy Minimum Limits: $1,000,000 per occurrence.

Any request to waive or modify the above coverage must be sent directly to the WA Subcontract Manager.

V. ENDORSEMENTS

a. All insurance certificates for Subcontractors physically present at a WA location shall include the following endorsements. Further, all insurance policies shall be issued by an acceptable insurance company and will include the following:

1. A thirty (30) day advance written notice in the event of cancellation, non-renewal, or material change of any policy. The following cancellation language in quotation marks must be deleted on the Certificate of Insurance that is provided to WA: “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives.”

2. That WA and principal are named as additional insured (except on workers' compensation and professional liability).

3. A waiver of subrogation in favor of WA and principal (except on professional liability).

4. Cross liability or severability of interest coverage (liability policies only).

5. The Subcontractor's insurance is primary and any insurance maintained by WA or principal is consid-ered excess and non-contributory.

6. The Subcontract number from page 1 must be included in the Description of your certificate of insurance.

b. Any request to waive or modify the above provisions must be sent directly to the WA Subcontract

Administrator and must be approved prior to commencement of work.

VI. SUBCONTRACTOR RESPONSIBILITY FOR RISK OF LOSS TO THE WORK

a. Each Subcontractor to be responsible for risk of loss to its work and all supplies, materials and equipment used in the performance of that work.

1. WA does not require each Subcontractor to insure this exposure.

2. If a Subcontractor cannot financially withstand any such loss, builders' risk insurance should be required.

VII. CERTIFICATES OF INSURANCE

a. Certificates of insurance will be required prior to commencement of subcontract work.

1. Certificates will not be acceptable unless all the listed coverage are provided in at least the amounts listed above.

2. Certificates must be signed by an authorized representative of the insurance company, who must indicate the capacity in which signing.

3. Certificate Holder, Additional Insured - The following additional insured shall be entered in this block:

Washington Governmental Environmental Services, LLC Attn: Subcontracts Dept.

3580 Morrisville Road Anniston, AL 36202

4. Cancellation: Wording of the certificate cancellation clause must read as follows:

“Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will mail 30 days written notice to the certificate holder named to the left. “

The wording “…endeavors to mail (No.) day’s written notice…” as typically found on certificates shall not be acceptable in this clause.

5. No work should be performed by the Subcontractor until satisfactory evidence of insurance with the required coverage has been received.

ARTICLE H-7 - RESERVED

ARTICLE H-8 - LOCATION OF WORK

This Subcontract will require the Subcontractor to perform at the Anniston Army Depot, Anniston, Alabama.

ARTICLE H-9 — CONFERENCES

Periodic on-site meetings shall be scheduled whenever requested by the Subcontractor or WA for the resolution of questions or problems encountered in the performance of the work. The Subcontractor and/or appropriate representative(s) shall be required to attend and participate in all conferences pertinent to the work required under this Subcontract as directed by the Contract Specialist. Furthermore, all Subcontractors charged with executing construction or maintenance work on Depot property are required to attend the pre-job brief chaired by WA personnel prior to commencing work.

ARTICLE H-10 — WRITTEN RECORDS

The Subcontractor shall support WA in providing written records of all significant conferences, meetings, discussions, telephone conversations, etc., with WA or Government representative(s), in which the Subcontractor and/or designated representative(s) thereof participated. These records shall be dated and shall identify participating personnel, subject discussed, and conclusions reached. The Subcontractor shall forward to the Subcontract Specialist, as soon as possible (not to exceed 5 calendar days), a reproducible copy of the records.

The scope of construction or maintenance work performed by Subcontractor personnel on depot property is directed via a Maintenance Work Order as defined in Implementing Procedure MNT-2.01, Work Control Program. Therefore, the Subcontractor is expected to utilize the provided work order and document all activities such as; as found condition, work performed, problems encountered, and as left condition.

ARTICLE H-11 Through H-13 RESERVED

ARTICLE H-14 - SUPERVISION BY THE SUBCONTRACTOR

The extent and character of the work to be done by the Subcontractor shall be subject to the general oversight, supervision, control, and approval of the WA Subcontract Manager or his designee and the WA Oversight technical point of contact. At all times during performance of this Subcontract and until the work is completed and accepted, the Subcontractor shall directly supervise the work or assign and have on the site a designated manager after full NTP who is acceptable to WA. The designated manager must have authority to act for the Subcontractor on the Subcontract.

ARTICLE H-15 – TITLE

The title of all installed material shall reside with WA and the Government.

ARTICLES H-16 Through H-19 DELETED

ARTICLE H-20 - ACCESS TO SUBCONTRACTOR DATA

(a) WA shall, in the performance of its prime contract with the Department of the Army, have the right to unlimited access to all data otherwise provided or made available to the Government or WA in the performance of the Subcontract, except that excluded by advance agreement approved by the

Government, and is limited to such data. Subcontractor and affected lower-tier subcontractors shall enter into and abide by the terms of a non-disclosure agreement and non-competition agreement when orders affecting this Subcontract are placed on ordering agreement DAAM01-96-D-0012 or follow-on contract.

(b) This clause shall flow down and be incorporated in all lower-tier subcontracts at all tiers for which lower-tier subcontractor data may otherwise be made available to the Government.

(c) The Contracting Officer shall have the right to review, analyze, and copy by any means the cost, technical, and performance documentation, and to provide it to the PAIS, in order to perform a task assigned to the PAIS.

(d) The PAIS and its personnel are obligated to treat all cost, technical, and performance documentation as confidential and proprietary information and handle it in accordance with this clause. This clause shall not limit other intellectual property rights held by the parties.

(e) Review, analysis, and copying shall take place at the WA offices for documentation unless the parties involved in a particular action agree to other arrangements. WA shall provide adequate space for review, analysis, and copying of cost documentation. If cost documentation is on microfilm type media or magnetic media, the Subcontractor or lower-tier Subcontractor shall provide access to equipment for reading the media that is at least equivalent to that utilized by itself. The Subcontractor shall also provide hard copies or magnetic media copies of all cost, technical, and performance documentation as the Subcontract Manager may request.

(e) Unless otherwise specified, the Subcontractor is not required to create or maintain cost documentation in any particular form for this Subcontract provided that the cost documentation is created and maintained in a manner consistent with its customary business practices or as otherwise required of a cost accounting system required for award of this Subcontract.

(f) The PAIS contract requires treatment of all cost documentation as confidential and prohibits disclosure of the documentation in any manner or to any extent to third parties except pursuant to additional agreements with the Subcontractor or its lower-tier Subcontractors.

(g) The PAIS contract limits disclosure of cost documentation only to those of its officers and employees who require it in conjunction with the performance of its obligations under the PAIS.

(h) The PAIS contract prohibits commercial use of the documentation.

(i) Within a reasonable time after completion or termination of the PAIS, the PAIS is required by contract to deliver to the Government or destroy, at the option of the Government, all documents in its possession containing Subcontractor documentation, except that PAIS may retain one reproduction of such documents for record keeping purposes to document what information it had access to, provided the PAIS remains in compliance with the other requirements of this special contract requirement and such documents are secured in a segregated file.

(j) The PAIS is prohibited by contract from transmitting documentation to any PAIS related parent, affiliate or subsidiary company except for the dedicated offices created to support the PAIS contract at or near the chemical demilitarization program sites of the Program Manager's site. In no instance shall the documentation be transmitted to the PAIS' corporate headquarters or be disclosed to or made available to any PAIS employee who is not active in performance of a particular task.

(k) The PAIS' and its Subcontractor's obligations under its special contract requirement shall survive the completion or termination of these PAIS contracts.

ARTICLE H-21 - RESERVED

ARTICLE H-21A - RESERVED

ARTICLE H-22 - HOLIDAYS

ANCDF operates seven (7) days a week/24 Hours per day. It observes the following holidays for administrative purposes during the calendar year:

New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Christmas Day

ARTICLE H-23 Through H-36 – DELETED

ARTICLE H-37 TIME EXTENSIONS

Time extensions may be granted for changes in the work depending upon the extent by which the changes cause delay in the completion of various elements of the project. The time extension may provide that the contract completion date will be extended only for those specific elements delayed.

ARTICLE H-38 – TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

The Subcontractor shall record on his Daily Progress Reports the occurrence of adverse weather and its resultant impact to normally scheduled work. To be considered as a possible weather delay, the Subcontractor must show as justification that the weather was unusually severe and show where the weather conditions prevented work on activities.

ARTICLE H-39 - DELETED

ARTICLE H-40 – PERFORMANCE EVALUATION OF SUBCONTRACTOR

The Subcontractor’s performance will be evaluated upon final acceptance of the work. The Subcontractor shall be rated either outstanding, satisfactory or unsatisfactory in the areas of:

Technical Performance of the Work Subcontractor Quality Control Schedule Performance Effectiveness of Management Safety Performance

The Subcontractor will be advised of any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation, and all Subcontractor comments will be made part of the contract file.

ARTICLE H-41 - PRESERVATION OF HISTORICAL, ARCHEOLOGICAL AND CULTURAL RESOURCES

If known historical, archeological and cultural resources exist within the Subcontractor's work area, they have been designated on the subcontract drawings. The Subcontractor shall install protection for these resources as shown on the drawings and shall be responsible for their preservation during the Subcontract.

ARTICLE H-42 – PAYMENT REQUEST

In conjunction with the contract clause entitled, Prompt Payment for Construction Contracts, payments for work accomplished will be made by WA after appropriate review by WA’s oversight and Quality Control and approval of the Subcontractor’s request in accordance with the Contract by the WA Subcontract Administrator. The Subcontractor shall obtain the signed paperwork and submit it with each payment invoice.

ARTICLE H-43 - RESERVED

ARTICLE H-44 - DELETED

ARTICLE H-45 - FIRE PROTECTION

The Subcontractor shall ensure that approved type fire extinguishers are installed, for each of the following types of equipment under Subcontractor’s use or control:

a) Mobile equipment operating in combustible type structures warehouses, buildings and piers where fire protection is not immediately available.

b) Equipment operating in remote, outlying areas such as dozers, pans, scrapers, cranes, backhoes, compressors, tractors and similar equipment engaged in overhaul and maintenance activities.

c) Equipment operating in areas where explosives, combustible materials, or other hazardous items are handled or stored.

d) Equipment deemed in need of special fire protection.

ARTICLE H-46 - SUBCONTRACTOR MAINTENANCE

At the end of each working day the Subcontractor shall police the work area and the area immediately surrounding the work area of all work-related debris. The Subcontractor shall comply with all applicable safety requirements and shall conduct his operations in a Manner to insure an accident-free environment. Stacked materials shall not be within 25 feet of an active roadway.

ARTICLE H-47 – RESERVED

ARTICLE H-48 – WORK IN QUARANTINED AREA

The work called for by this contract may involve activities in counties quarantined by the Department of Agriculture to prevent the spread of certain plant pests, which may be present in the soil. The Subcontractor agrees that all construction equipment and tools to me moved from such counties shall be thoroughly cleaned of all soil residues at the construction site with water under pressure and that hand tools shall be thoroughly cleaned by brushing or other means to remove all soil. In addition, if this contract involves the identification, shipping, storage, testing, or disposal of soils from such a quarantined area, the Subcontractor agrees to comply with the provisions of ER 1110-1-5.

ARTICLE H-49 Through H-59 - DELETED

ARTICLE H-60 – ALTERNATIVE DISPUTES

1. In order to assist the timely resolution of disputes or claims arising out of this effort, this clause establishes an Alternative Disputes Review process, to be brought into play my mutual agreement of the parties. When deemed mutually beneficial, a Disputes Review Board will consider disputes referred to it and will provide non-binding recommendations to assist in the resolution of the differences between WA and the Subcontractor. Specific procedures to be followed for disputes referred to the Disputes Review Board will be as decided upon by WA and the Subcontractor. Nothing herein shall limit the right of the parties to agree to any or all other alternate disputes review processes. However, the procedures below are general guides for establishing such procedures.

2. Should a dispute arise between the WA and Subcontractor, either party may propose utilization of these procedures; and, upon agreement of both parties, the matter(s) in issue will be referred to the Disputes Review Board. If such submittal to the Board is not agreed to by the parties, the matter will be pursued under the normal claims and appeal procedures in accordance with the FAR 52.233-1, Disputes-Alternate, of the contract.

3. The Disputes Review Board shall consist of one member selected by WA and one member selected by the Subcontractor. The first two members shall be mutually acceptable to both WA and the Subcontractor.

The parties shall exchange lists of three individuals acceptable as a Board member. WA and the Subcontractor shall each select one individual from the other's list. If no individual on the first list is acceptable to the other party, a second list with three (3) individuals will be proposed. If no one on the second list is acceptable to the other party, the selection process shall not continue and the mutual decision to submit the dispute to a Disputes

Review Board shall be considered terminated.

4. The two members acceptable to WA and the Subcontractor will independently select the third member from a list of 10 names developed by WA of individuals respected in the field of engineering and construction for their ability and integrity, one of whom should be acceptable. If the two members are unable to select the third member from this list, the decision to submit the dispute to a Disputes Review Board shall be considered terminated. Except for fee-based consulting services on other projects, no board member shall have been employed by either party within a period of two years prior to award of the contract.

5. WA and the Subcontractor shall each be afforded an opportunity to be heard by the Disputes Review Board and to offer evidence. The procedures for conducting such hearings shall be as mutually agreed to by Government and Subcontractor. The Disputes Review Board recommendations toward resolution of a dispute will be given in writing to both WA and the Subcontractor within 30 days following conclusion of the proceedings before the Disputes Review Board. Such recommendations are advisory and non-binding upon both WA and the Subcontractor.

6. Within 30 calendar days of receiving the Disputes Review Board's recommendations, both WA and the Subcontractor shall respond to the other in writing, signifying that the dispute is either resolved or remains unresolved. If WA and the Subcontractor are able to resolve their dispute, WA will expeditiously process any required contract modifications. Should the dispute remain unresolved after 30 calendar days following receipt of the Board's recommendations, the procedure will terminate and the Subcontractor will be entitled to pursue his claim with the disputes process.

7. If at any time during the existence of the contract, the parties mutually agree that a Disputes Review Board should be established for work performed under this contract, WA and the Subcontractor shall commence the selection procedures, as above, and negotiate an agreement with their member within 30 calendar days. The selection of the Disputes Review Board Alternative Disputes Review procedure for resolution of contract disputes shall be void if the two members are unable to select a third member within 30 calendar days. This Board shall serve during the existence of the contract, to attempt resolution of other disputes which may be mutually referred to the Board.

8. In appropriate cases, the Subcontractor and WA may agree that a dispute should be submitted to the Disputes Review Board, but that the dispute only warrants the mediation efforts of one Board Member. In such cases, the third Board Member will mediate the dispute without participation of the other two members.

9. The Disputes Review Board will formulate its own rules of operation, and may request of WA that they visit the site to familiarize themselves with the controversy.

10. Should the need arise to appoint a replacement member, the replacement member shall be appointed in the same manner as the original Board members were appointed. The selection of a replacement Board member shall begin promptly upon notification of the necessity for a replacement, and shall be completed within 30 calendar days.

11. Compensation for the Disputes Review Board members, and the expenses of operation of the Board, shall be shared by WA and Subcontractor in accordance with the following:

(a) WA will compensate directly the wages and travel expense for its selected member.

(b) The Subcontractor shall compensate directly the wages and travel expense for its member.

(c) WA and Subcontractor will share equally in the third member's wages and travel, and all other expenses of the Board.

(d) WA, at its expense, will provide administrative services, such as conference facilities and secretarial services, to the Board.

12. The establishment of the Alternate Disputes Resolution Procedure under this contract may be terminated at any time by written notice on the other party. Board members may withdraw from the Board by providing notice. Board members may be terminated for cause only by their original appointer. Therefore, WA may only terminate WA's appointed member, the Subcontractor may only terminate the Subcontractor's appointed member, and the first two members must mutually agree to terminate the third member.

13. The principal objective of the Disputes Review Board is to assist in the resolution of disputes which would otherwise likely be resolved through the traditional litigation processes. It is intended that if mutually agreed to by the parties to constitute a Disputes Review Board for the purpose of attempting to resolve contract disputes, that the mere existence of the Board will encourage WA and the Subcontractor to resolve potential disputes without the necessity of resorting to the formal appeal procedure under the “Disputes” clause of the contract.

14. Primarily, the Board will consider claims and disputes involving interpretation of the Plans and/or Specifications, delays, acceleration of the work, Subcontractor scheduling, classification of extra work, changed conditions, design changes, and the like.

15. If the Board's recommendations do not resolve the dispute, all Board findings and written recommendations, including any minority reports, will be inadmissible in any subsequent litigation or hearing before the Boards or Courts contemplated by the "Disputes" clause procedures, involving the dispute at issue.

ARTICLE H-61 through H-65 DELETED

ARTICLE H-66-SPECIAL WORK, SECURITY SAFETY AND COMPLIANCE REQUIREMENTS AND SPECIAL

CONDITIONS

The purpose of this clause is to acquaint Subcontractor personnel with the Security, Safety, Environmental and Waste Management and Work Control procedures and requirements of the Anniston Army Depot and the ANCDF Facility. The area of operations for this Subcontract will be within a Restricted Limited Area and under strict security requirements. The following procedures will govern operations within this area:

I. SECURITY PROCEDURES AND REQUIREMENTS

1. Access

Access to the ANCDF facility is through Anniston Army Depot (ANAD) Gate 5A. All company vehicles and equipment must be inspected by Gate 5A security personnel prior to entry onto ANAD. Authorized vehicles must have documentation showing registration and insurance in the name of the company.

Each subcontractor company vehicle must be equipped with a fire extinguisher. Subcontractor’s mobile equipment shall be equipped with fire extinguishers as identified in Section H-45 of this Section. All of the Subcontractor’s work force must complete a security form and be approved and badge issued prior to entry per Article VIII.

2. Badges

All Subcontractors and lower-tier personnel shall be required to obtain a badge for the ANCDF facility, issued by ANAD. Badges will be prominently displayed on an outer garment at all times while the Subcontractor or lower-tier Subcontractor personnel are on the ANCDF site. Personnel requiring badges must have picture identification, in their possession at the time of badging. The Subcontractor shall be responsible for ensuring that all badges issued to its personnel/lower-tier Subcontractors are returned to the appropriate authority upon completion of the Subcontract. A $25.00 service charge shall be assessed against the Subcontractor for each badge that is not returned. THIS SHALL BE STRICTLY ENFORCED. The following requirements must be met for badging:

a. Security Background Checks of all Employees

In order for the Government to perform standard security checks, the Subcontractor will provide the

Subcontract Administrator or designated representative, a brief Personnel History Statement/Data

Sheet from each Subcontractor employee with an accompanying signed release form. The Personnel History Data Sheet shall include: The employee's name, social security number, drivers license number, current place of residence, and prior places of residence for the previous five years. Based on the results of the security checks, the WA and the Government reserves the right to deny access to the ANCDF site. The Subcontractor must submit badging requests with the aforementioned security information ten (10) days prior to requiring access to the ANCDF site.

Badging forms may be obtained from the WA Security Office.

3. Foreign Nationals:

Army regulations prohibit foreign nationals from entering Army installations without prior written approval from the installation's commander. Requests for foreign national employees to work on the depot must be submitted for approval to the WA Subcontract Administrator at least 21 days prior to the desired date of employment. These requests will be fully justified and considered on a case-by-case basis.

4. POV’s

Privately owned vehicles will not be permitted in the Restricted Limited Area.

5. Vehicles and Parking

a. Only company-owned vehicles that are actually necessary to transport the Subcontractor’s tools, materials, or equipment will be allowed access through Gate 5A. Remaining company vehicles are required to park in an area designated by WA. Vehicle must pass a vehicle safety inspection that is conducted at Gate 5A.

b. No personal vehicles are permitted to park beyond Gate 5A. WA will designate parking areas for Subcontractor vehicles.

c. No parking, equipment/material storage, or personnel, unless properly authorized, are permitted within thirty (30) feet of the Chemical Limited Area (CLA).

d. All unattended vehicles must be locked with keys removed.

e. Seat Belts Subcontractor personnel shall have seat belts fastened at all times while driving vehicles on the ANCDF site.

6. Damage to Existing Facilities

All existing roadways, walks, parking areas, buildings, equipment, and other facilities, which may become damaged or soiled as a result of Subcontractor’s operations, shall be reported immediately to WA Contract Administration and restored or replaced to their original condition by the Subcontractor.

7. ANCDF Site Work Hours

Standard working hours are 7:00 a.m. through 5:00 p.m. (CST), Monday – Friday, (excluding holidays).

WA reserves the right to modify this work schedule for the Subcontractor’s operations within reasonable parameters on an exception basis to accommodate other site schedules.

Work on weekends, holidays and outside the normal working hours listed above may be allowed if necessary to comply with the required completion schedule. The Subcontractor will request a schedule variance from WA Subcontract Administrator at least two (2) working days in advance of requested variance. This variance will include in detail the work that will be performed, the estimated duration of the variance, and the number of Subcontractor personnel involved.

8. Chemical Limited Area

The area surrounding the structures and facilities designated as exclusion areas delineated by a double chain link fence within the Ammunition Storage is the Chemical Limited Area (CLA).

Access into the CLA is strictly limited to authorized personnel with a specific need for access and is controlled with a security badge and exchange system requirement, entry control roster, temporary entry control roster, authorized escort, and vehicle, material, and package control measures.

Access into the CLA is through the Entry Control Facility (ECF). The Subcontractor shall allow for thirty

(30) minutes to access the CLA and thirty (30) minutes to exit the CLA through the ECF.

WA will provide all required escorts.

9. Exclusion Area

The area immediately surrounding one or more receptacles containing chemical agents.

10. Coordination with Work by Others at Site

The Subcontractor shall plan and schedule its work so as not to interfere with normal WA operations or endanger the safety of any personnel.

Due to the congested and confined work area at the ANCDF and the requirement for others to be working in the same general area of the work to be performed under this contract, the Subcontractor shall carefully fit its own work to all ongoing or additional work, as directed by WA. The Subcontractor shall not commit or permit any act that will interfere with the performance of work by any other WA Subcontractor. The Subcontractor shall coordinate the work herein and the concurrent use of access roads and utilities shall become a joint responsibility.

The Subcontractor shall be liable for all costs incurred by WA, including those associated with settlement of disputes or claims by others due to or arising from the failure of the Subcontractor to comply with this provision. Any damage resulting from the use of facilities of other Subcontractors shall immediately be repaired to the satisfaction of, or as directed by, WA. If required and allowed, the Subcontractor shall construct and maintain a detour around any road that is obstructed in the performance of work under this contract.

11. Security/Safety Drills

Subcontractor personnel may be required by WA to participate in ANCDF Security/Safety drills.

12. Physical Security

The Subcontractor is responsible for the physical security for all materials, supplies, and equipment of every description, including property that may be WA or Government owned, Subcontractor operations, work, and storage areas, and also areas occupied jointly by the Subcontractor and WA. The Subcontractor agrees to comply with all ANCDF security requirements.

13. Conduct

Subcontractor employees and employees of any lower-tier Subcontractors, whose conduct is determined to be prejudicial to the interest of WA and/or the Government shall be immediately removed from the work upon notification by WA.

Compliance with the foregoing provisions of this paragraph by lower-tier Subcontractors shall be the responsibility of the Subcontractor and there shall be no additional costs to WA for such action.

14. Jurisdiction

WA reserves the right at all times to issue instructions pertaining to the Subcontractor’s jurisdiction and general conduct of its security program and shall have the right to examine procedures, methods, records, and facilities used by the Subcontractor in complying with the requirements of WA. Liaison with law enforcement agencies for ANCDF incidents will be performed/coordinated by WA.

15. The Subcontractor shall be responsible to adhere to any and all security regulations imposed by WA.

16. Reporting Security Violations

Subcontractors will report any knowledge of an actual, suspected or attempted security violation to WA security or ANAD security forces. A security violation is defined as any action or inaction that impacts the security of the project including any attempted or actual breach of a physical security barrier, such as a fence or locking device, and any violation of the escort policy or other access procedures as described in WA security procedures. There is no classified material on this project; however, caution is urged in discussing plant specific activities to those that do not have a need to know.

17. Escorts

Subcontractors will be issued Escort Required access badges in the Chemical Limited Area and the Chemical Exclusion Area. Subcontractors may be issued Escort Not Required badges in the Ammunition Limited Area depending on their qualifications. When wearing an Escort Required badge the person will be under the positive control of the designated escort, which includes line of sight surveillance. Escorted persons will comply with all safety and security requirements.

Protective masks will be readily available with you at all times. In case of an emergency, escorted persons will follow the directions of their escort. Under no circumstances will the escorted person be allowed to remain in the Chemical Limited or Exclusion Areas without an escort.

18. Inspections

The ANCDF is designated as a workplace free of Alcohol and Substance Abuse problems associated with drugs and other chemical substances. WA may conduct periodic and unannounced inspections of the Subcontractor’s work locations.

19. Personnel Access - ANCDF Visitor Site Access Requirements

a. General Site Access (outside CLA)

Access Requirements: Applicable to all Subcontractor personnel requiring access to the ANCDF site (beyond Gate 5A).

b. Respiratory Requirements (Refer also to tables Visitor Training and PPE Requirements Matrix, located in this Section, H66-II-15.

Short term visitors (less than or equal to one consecutive week) to the ANCDF (outside the CLA) may be issued Emergency Escape Devices (EED’s) and must carry the device with them during their visit at all times while on-site outside the CLA. In order to qualify for the EED the visitor must complete the OSHA Respiratory Questionnaire to satisfy the requirements of 29 CFR 1910.134. The completed OSHA questionnaire must be reviewed and approved by the ANCDF Medical Staff prior to being issued a respiratory device. WA will honor current individual company issued OSHA Respirator Clearance Cards if appropriate company representatives sign them.

c. All long-term visitors (greater than one consecutive week) to the ANCDF will be issued and shall have an M-40 Respirator with them during their visit at all times while on-site outside the CLA. In order to qualify for the M-40 Respirator the visitor must complete the OSHA Respiratory Questionnaire. The completed OSHA questionnaire must be reviewed and approved by the ANCDF Medical Staff prior to being issued a respiratory device. Visitors must be individually fitted for the M-

40 Respirator at the on-site Mask Facility. WA will honor current individual company issued OSHA Respirator Clearance Cards if appropriate company representatives sign them.

d. Subcontractor personnel will store M-40 respirators in the on-site Mask Storage Facility. Locker assignments and locks shall be issued by WA Security and shall be coordinated at the kick-off meeting. Under no circumstances shall WA issued M-40 respirators be removed from the premises of the ANCDF site by Subcontractor personnel.

e. Security Requirements – Chemical Limited Area (CLA) All Subcontractors intending to work within the CLA must complete a Request for Temporary Site Access form, submitted to WA Security for badge approval and issue. Access clearance to the CLA also requires submission of a Request for Visit Authorization form, submitted to Security by the WA department hosting the Subcontractor, containing names and other required information for all Subcontractor personnel to be working within the CLA. After approval of the Request for Visit Authorization, names of Subcontractor personnel shall be included on the CLA access roster, permitting CLA access for the time period specified for the project schedule. Subcontractor personnel must be accompanied by a qualified WA escort at all times within the Chemical Limited Area. (Subcontractors must initially arrange for escort through the WA designated individual specified by the WA department hosting the Subcontractor, generally determined at the kick-off meeting. Once the project is underway, escorts are coordinated by the Subcontractor through WA Operations.

20. Prohibited Items and Activities

Refer to Attachment A for a listing of Prohibited Items and Activities.

21. Communications Equipment

Cellular phones and pagers not issued by WA are not permitted within the Chemical Limited Area (CLA). The use of two-way low-wattage radios, such as Motorola TalkAbout 250 Family radio Service with frequency range 462.550 to 467.725 MHz and a maximum range of two (2) miles would be permissible for communications within the CLA. No radio equipment shall be brought into the CLA without prior WA approval, including operating frequency range and power output.

22. The entire ANCDF security clause (Article H-66-I) shall be included by the Subcontractor in all subcontracts and purchase orders and further require lower-tier Subcontractors and vendors to include these same requirements in their subcontracts and…