ATTACHMENT 02 Section 01 14 00 Work Restrictions.pdf

SECTION 01 14 00

WORK RESTRICTIONS

PART 1 - GENERAL

1.1 REFERENCES

A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.

B. U.S. ARMY CORPS OF ENGINEERS (USACE) EM 385-1-1 Safety and Health Requirements Manual

1.2 MEASUREMENT AND PAYMENT

A. Payment for work under this contract and all costs associated shall be included in the applicable bid item to which the work pertains.

1.3 ASSIGNMENT OF WORK

A. Work will be assigned by the Contracting Officer only and will be in writing.

1.4 EXISTING WORK

A. Protect existing vegetation, structures, equipment, utilities, pavement and improvements. Remove or alter existing work in such a manner as to prevent injury or damage to any portions of the existing work to remain or to be reused.

B. Repair or replace portions of existing work that has been altered during construction operations to match existing or adjoining work, as approved by the Contracting Officer. At the completion of operations, existing work shall be in a condition equal to or better than that which existed before new work started.

1.5 INSPECTION OF WORK

A. Technical surveillance of workmanship and inspection of materials for work being performed for this project shall be the responsibility of the Director of Public Works.

B. This provision in no way authorizes anyone other than the Contracting Officer to commit the government to changes in the terms of the contract. (FAR Clause 52.246-12)

1.6 SUBMITTALS

A. Provide submittals as required by the base contract specification and the task order specifications in accordance with base specification section 01 33 00.

Provide a submittal register for review and approval. The submittal register, JOC XX-XXX SUBMITTAL REGISTER (Excel Spreadsheet used in lieu of ENG Form 4288-R) is attached. The submittals listed on the submittal register may not be all inclusive and any submittal required in the specifications but not shown on this list is still a requirement of this task order. Provide submittal information to the Contracting Officer’s Representative.

B. Government approval of submittals does not relieve the Contractor from providing all work in compliance with the contract.

C. Contractor Manpower Reporting (CMR):

1. The contractor shall report ALL contractor labor hours (including subcontractor manpower) required for performance of services provided under this task order for the Department of the Army via a secure data collection site. The contractor is required to completely fill in all the required data fields using the following web address: https://ecmra.mil.

Reporting input shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year. Contractors may direct questions to the help desk at https://ecmra.mil.

2. The required data fields include

a. Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative;

b. Contract number, including task and delivery order number;

c. Beginning and ending dates covered by reporting period;

d. Contractor name, address, phone number, e-mail address, identify of contractor employee entering data;

e. Estimated direct labor hours (including sub-contractor);

f. Estimated direct labor dollars paid this reporting period (including sub-contractors)

g. Total payments (including sub-contractors);

h. Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different);

i. Estimated data collection cost;

j. Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity. UIC Code is W6CSAA.

k. Locations where contractor and sub-contractors perform the work

(specified by zip code in United States and nearest City, Country)

3. As part of its submission, the contractor shall also provide the estimated total cost (in any) incurred to comply with this reporting requirement. The contractor shall notify the Contracting Officer Representative (COR) by the 5th working day of November of the FY whether or not they have completed this report or sooner if applicable.

1.7 OCCUPANCY OF PREMISES

A. Before work is started, the Contractor shall arrange with the Contracting Officer a sequence of procedure, means of access, and space for storage of materials.

B. Coordination and notification of commencement of work shall be given to the appropriate building occupants a minimum of two weeks prior to beginning work in the affected areas with approval through the Contracting Officer.

C. The Contractor shall provide signs, barriers, and barricades to provide a safe work area and protect building occupant entry and egress.

1.8 ACCESS TO FORT SILL

A. Contractor Access to Fort Sill: Effective 30 January 2015, personnel requiring access to the installation shall possess a Common Access Card (CAC), Long Term Unescorted Access Pass or Military ID, or Individual temporary pass issued by the Fort Sill Directorate of Emergency Services (DES) pursuant to Army Directive 2014-05, Policy and Implementation Procedures for Common Access Card Credentialing and Installation Access for Un-cleared Contractors.

Fort Sill will initiate a system which provides three forms of access documentation based upon the duration of required access and DOD Network requirements. The three forms are as follows: (1) Common Access Card (CAC); (2) Long Term Unescorted Access Pass or Military ID; or an (3) Individual Temporary Pass. The Contractor shall provide the COR the required documentation for each prime or sub-contract employee who requires a CAC or Long Term Unescorted Access Pass as described below within 10 calendar days of contract award. The COR will initiate and coordinate the process for obtaining Contractor CACs or Long Term Unescorted Passes (for contract employees not possessing a current CAC or military ID) with the Directorate of Emergency Services (DES). Failure to receive a CAC may result in the contractor personnel being denied admission to the installation. Failure to receive a Long Term Unescorted Access Pass or Individual Temporary Pass will result in the contractor personnel being denied admission to the installation.

1. Common Access Card (CAC): Contractor employees and staff (herein referred to as Contractors) requiring access to the installation on a recurring basis for a period of 6 months or more, and requiring access to a DOD computer network shall obtain a CAC. Contractor employees who do not require access to a DOD computer network are not eligible for a CAC but should apply for Long term, unescorted access as described below.

a. CACs are issued through the Trusted Associate Sponsorship System

(TASS) program. Issuance of a CAC requires a favorable Federal Bureau of Investigation (FBI) fingerprint check, successful submission of a National Agency Check with Inquiries (NACI) (equivalent or higher) background investigation to the Army’s investigative service provider and a favorably adjudicated NACI (equivalent or higher) investigation from a Federal department or agency.

b. In order to avoid delays in gaining access to the installation, contractors requiring a CAC are encouraged to contact their Contracting Officer Representative (COR) to begin the process to obtain CACs as soon as possible.

2. Long Term, Unescorted Access Pass: This pass is required for

Contractors, Sub-contractors and Vendors requiring physical access to the installation on a recurring basis (greater than 24 hours) and who do not require access to a DOD computer network. The expiration date of the access will be the end of the contract period of performance or 365 day whichever comes first. Sub-contractors shall be bound by this same requirement. Prime Contractors are responsible for obtaining timely sub-contractor documents necessary to secure required access documents.

Contractors and their employees shall pass a NCIC Interstate Identification Index check in order to secure this pass.

a. Military ID: Military ID cards for retirees, reservists and dependents are acceptable for unescorted access onto Fort Sill.

b. In order to avoid delays in gaining access to the installation, contractors are encouraged to contact their Contracting Officer Representative (COR) to begin the process of securing long term passes as soon as possible.

3. Individual Temporary Pass: All contractors and sub-contractors who do not possess a CAC, a valid Military ID, or a current long term unescorted pass shall report to the Visitors Control Center located near Sheridan gate to obtain an Individual temporary pass. A temporary pass will ONLY be issued to persons who produce a valid current federal or state issued ID with a picture, and passes a NCIC Interstate Identification Index check and local exclusion roster. Acceptable forms of ID are:

a. ID cards for installation access must be REAL ID Act complaint.

b. Valid current Permanent Resident Card or Alien Registration Receipt

Card (Form I-551)

c. Valid current Employment Authorization Document (Card) that contains a photograph (Form I-766)

d. Passport (Foreign Passports must show point of entry stamp).

4. The contractor shall return issued CACs and Passes to the designated COR at the end of the contract period of performance or the end of the individual employee’s tenure, whichever comes first. The contractor shall also coordinate with the COR for new or replacement CACs or Long Term Unescorted Passes as required.

5. For additional information, see:

a. https://sill-www.army.mil/vcc/

b. https://sill-www.army.mil/USAG/forms.html

c. Fort Sill unescorted access regulation (to be published).

d. Homeland Security Presidential Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors located at https://www.dhs.gov/homeland-security-presidential-directive-12#1

e. Army Regulation (AR) 190-13, the Army Physical Security Program located at https://www.fas.org/irp/doddir/army/ar190-13.pdf

1.9 ACCESS TO SITE

A. Normal duty hours for work shall be from 7:30 a.m. to 4:00 p.m., Monday through Friday. Access to the site shall be coordinated and approved by the Contracting Officer.

B. Requests for additional work periods shall require written approval from the Contracting Officer 7 days in advance of the proposed work period. Weekend work requests may be approved on a case by case basis on the Wednesday prior to the desired weekend.

C. Federal Holidays: Except as otherwise specified, routine work shall not be scheduled on holidays or holidays observed in lieu thereof. Federal Government holidays are:

New Year’s Day 1st day of January Martin Luther King Jr.'s Birthday 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day last Monday of May Independence Day 4th day of July

Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

When one of the above designated Federal holidays falls on a Sunday, the following Monday will be observed as a Federal holiday. When a Federal holiday falls on a Saturday, the proceeding Friday is observed as a Federal holiday.

1.10 DEFINITIONS

A. Whenever the specifications require approval or selection of any item, it shall be construed to mean approval or selection by the Contracting Officer in writing.

B. Whenever the specifications require submittal of reports or certifications, it shall be construed to mean submitted to the Contracting Officer in writing.

C. Approvals made by the Contracting Officer prior to final project inspection and acceptance do not relieve the Contractor from his obligation to perform the work in accordance with the specifications and drawings. These approvals do not prohibit the Government from subsequently asserting any other contract rights under this contract.

1.11 SAFETY

A. Requirements of EM 385-1-1 shall be strictly enforced and adhered to at all time at the job sites.

B. The contractor shall adhere to the requirements of the Occupational Safety and Health Administration as applicable to all work activities.

C. Each contractor shall have a properly trained Safety Officer (OSHA 30-hour Construction) that is responsible for the overall safety program for the company. The Safety Officer shall be familiar with the requirements of EM385- 1-1 and have experience in the areas of hazard identification and safety compliance. The Safety Officer shall make regular (minimum of 1 per week) safety inspections of each project site.

D. When working within six feet of any railroad track, the contractor shall ensure that all workers are trained in Blue Flag Protection in accordance with CFR49, part 218, the General Code of Operating Rules (GCOR), 5.13 and TM 4-14.21 Rail Safety; and are qualified on Roadway Worker Protection in accordance with CFR49, part 214.

1.12 SEQUENCING AND SCHEDULING

A. Contractor shall furnish the Contracting Officer a Contract Progress Schedule in the form of a Gantt chart that clearly shows the critical path for construction progress. See section 01 33 00 SUBMITTAL PROCEDURES for a detailed description of the Progress Schedule. The Progress Schedule shall include, but is not limited to, the following information:

1. Projected dates of the start and completion of work.

2. Projected start and completion dates of each major phase of construction.

3. Major submittals and submittal processing time.

4. Major equipment lead time.

B. Changes to the Progress Schedule shall be submitted by the Contractor to the Contracting Officer, in writing, two weeks prior to the scheduled start of the affected work on the job sites, or as directed by the Contracting Officer.

C. Changes in work requirements must be documented, authorized, and officially requested by Ordering Officer to be included in the Scope of Work.

D. Delivery of materials and equipment shall be made with a minimum of interference to Government operations and personnel.

E. The work shall, so far as practicable, be done in phases or divisions, and confined to limited areas which shall be completed before work in other phases or divisions begins.

F. The Contractor shall take all precautions to ensure that no damage will result from operations to private or public property. All damages shall be repaired or replaced by the contractor at no extra cost to the government.

G. At the beginning of each working day, the contractor shall notify the COR of the location(s) of the work the contractor intends to accomplish that day. A weekly schedule may be sufficient, subject to concurrence from the COR.

H. A 24 hour written notice shall be given to the COR prior to conducting all tests.

The Government may determine the location of the tests such as, but not limited to, asphalt and soils testing. The Government may determine the specific batch of concrete or asphalt to be tested.

I. The COR shall be given 24 hour written notice of all work prior to concealment.

For example: Pipes, wiring, reinforcement steel, wire mesh or any materials that are subject to specifications, inspection and approval or acceptance shall not be enclosed or covered prior to Government notification and inspection.

1.13 UTILITIES

A. All reasonable amounts of water, electricity, and gas required for the performance of the work under this contract will be made available to the Contractor by the Government from existing distribution systems at no cost to the Contractor.

B. Connection and disconnection shall be the responsibility of the contractor.

C. Connection and disconnection shall be made in a manner approved by the Government.

D. Abuse of this policy may result in disconnection from utilities.

E. Contractor shall submit an energy and water conservation plan.

1. The plan shall outline all expected activities that will consume water, electricity, and natural gas along with estimates of consumption.

2. Plan shall outline a plan to install any and all necessary meters (i.e. job trailers or buildings unoccupied with exception of the contractor). It shall include a detailed map showing the location of the meters. Contractor shall install all meters for temporary utility hookups.

3. All meters shall comply with all local codes and regulations and will include any additional equipment necessary such as backflow preventers.

Contractor shall remove all temporary meters and equipment when project is completed.

4. Plan shall describe effort to comply with reporting standards stated herein and on the website https://sill-www.army.mil/USAG/dpw/BMB.html#tab-2.

5. Plan must demonstrate efforts to conserve electricity, natural gas and water in compliance with Ft. Sill policies and best management practices on conservation of electricity, natural gas, and water.

6. If there is a change in the project that will or may change the utility connection requirements, the Contractor shall submit a revised compliance plan to the Contracting Officer.

7. Contractor shall sign and return to the Contracting Officer a Memorandum of Understanding for Sale of Utility Services (DA2100-R) before utilities will be turned on.

8. Contractor shall report meter readings to the Contracting Officer or the Contracting Officer’s Representative on the 15th of each month or immediately upon disconnection of utilities.

9. Meter readings shall be reported from the beginning of the construction to the completion of construction. This requirement includes recording meter readings from water points on post. The meter reading reports shall include project name and contract number.

1.14 SALVAGE MATERIAL AND EQUIPMENT

A. The Government retains all salvage rights to replaced property of value. Items of value will be identified by the government prior to task order award. Items of no value, as determined by the Government shall be disposed of at the Contractor's expense.

1.15 CLEAN UP

A. The job site shall be cleaned up on a daily basis.

B. All trash and debris, except metal, generated from the construction operation shall be delivered to the Fort Sill sanitary landfill or rubble pit as directed by the Contracting Officer.

C. All metal shall be disposed off Government property.

D. No material shall be burned at the project site. (FAR Clause 52.236-12)

1.16 CONDUCT OF EMPLOYEES

A. The Contractor's employees shall not be permitted to carry firearms or other lethal weapons while on Fort Sill in accordance with Fort Sill Regulation 190-1.

Knives or other bladed instruments or tools are authorized for use only for the utilitarian purpose for which it was designed.

B. The contractor and the contractor’s employees shall adhere to the United States Army’s sexual harassment and rape prevention (SHARP) policies and regulations in addition to state and federal laws.

1. Army’s Policy on sexual harassment

a. Sexual harassment is unacceptable and will not be tolerated.

b. Sexual harassment destroys teamwork and negatively affects combat readiness.

c. Army leadership at all levels will be committed to creating an environment conducive to maximum productivity and respect for human dignity.

d. The success of the mission can be achieved only in an environment free of sexual harassment for all personnel.

e. The Army’s SHARP policies apply without regard to a person’s rank, age, gender, and are sexual orientation neutral. A person’s sexual orientation is a personal and private matter.

2. Army Policy on Sexual Assault

a. Sexual assault is a criminal offense.

b. It degrades mission readiness.

c. Soldiers and civilians who are aware of a sexual assault incident should report it immediately (within 24 hours).

d. Sexual assault is incompatible with Army Values and is punishable under the UCMJ and other federal and local civilian laws.

e. The Army’s SHARP policies apply without regard to a person’s rank, age, gender and sexual orientation neutral. A person’s sexual orientation is a personal and private matter.

f. All victims of sexual assault will be treated with dignity, fairness, and respect.

3. SHARP Contact information

a. 911

b. Department of Defense Safe Helpline (https://www.safehelpline.org/)

Helpline: 1-877-995-5247

c. RAINN (Rape, Abuse, and Incest National Network, https://www.rainn.org/) National Sexual Assault Hotline: 1-800-656-

HOPE (4673)

d. Oklahoma Coalition Against Domestic Violence and Sexual Assault (https://www.ocadvsa.org/) Oklahoma Safe line: 1-800-522-7233

e. Sexual assault victim advocate and counseling available FREE of charge. https://www.mariedetty.com/ Hotline: (580) 357-2500 Office:

(580) 357-6141

4. References

a. 29 CFR Part 1614

b. AR 600-20

c. AR 690-600

d. Title 42 United States Code Chapter 21 Subchapter VI

1.17 WORK FORCE

A. The contractor shall not hire persons not legally residing in the United States.

The contractor shall not subcontract work to companies that hire persons not legally residing in the United States.

B. The contractor shall adhere to the recommendations outlined in the attached memo titled “DoD Guidance for Protecting Personnel in Workplaces during COVID-19”. Coordinate with COR for guidance and notifications.

1.18 IDENTIFICATION OF CONTRACTOR EMPLOYEES AND VEHICLES

A. Each side of Contractor-owned vehicles shall bear the Contractor's name in 2-inch letters.

B. The contractor shall be responsible for furnishing to each employee, and for requiring each employee to display or possess appropriate identification. The contractor shall provide each employee an identification (ID) badge on contract start date or on employment start date. The ID badge shall be made of nonmetallic material to prevent electrical shock. The ID badge shall be easily readable and include the employee’s name, contractor’s name, functional area of assignment, security clearance if applicable, and color photograph.

Additionally, the contractor shall obtain a Common Access Card (CAC) for those employees whose functions require access to systems or facilities controlled by the Common Access Card. All contractor employees shall obtain CAC at DEERS/RAPIDS terminal when application is approved by the Government. Failure, inability, or delay in obtaining the CAC does not relieve the contractor from performing under the terms of the contract. Should an employee leave prior to the contract expiration, the contractor is responsible for ensuring the employee turns-in their CAC at that time. Contractor personnel shall wear the ID badge at all times unless it presents a safety hazard. ID badges will be worn when performing work under this contract to include attending Government meetings and conferences. Unless otherwise specified in the contract, each contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement.

C. The Contractor shall collect Contractor-furnished identification badges upon termination of employee.

1.19 APACHE GATE DELIVERY INFORMATION

A. All delivery trucks, transportation trucks, vehicles pulling trailers, every type of cargo or construction vehicle must enter through Apache Gate. Location of Apache Gate: Take the Medicine Park exit 45 off Interstate 44, proceed west on highway 49 (approximately 1/2 mile). Entrance to Apache Gate is on the left (south).

1.20 ANTITERRORISM (AT)

A. Access and General Protection/Security Policy and Procedures: Contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by government representative).

The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements 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.

B. The Contractor must pre-screen Candidates using the E-verify Program (https://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

C. All contractor employees, to include subcontractor employees, requiring access to 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 or to the KO, if a COR is not assigned within 10 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website:

https://jko.jten.mil/courses/atl1/launch.html.

D. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local 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 14 calendar days of new employees commencing performance with the results reported to the COR NLT 35 calendar days after contract award. This training may be accomplished may be accomplished by viewing the video at the following website:

https://www.myarmyonesource.com/familyprogramsandservices/iwatchprogra m/default.aspx (Click on Anti-Terrorism video in center of page, Always Ready, Always Alert and iWatch News Clip).

1.21 CONTINGENCIES:

A. Sudden or unusual events could result in a great impact upon Contractor performance and contract requirements. In the event that unusual conditions develop, the Contractor shall continue, and expand performance if necessary. In all cases, the Contractor shall assume that the Army cannot provide any supplemental forces and continue to need the same or additional performance under contract, which the Contractor shall be required to meet. Examples of such events include:

• A sudden build up of military forces that increases contract requirements.

• A natural disaster

• A labor strike that impacts is upon the Contractor's ability to perform

• Special circumstances identified by the Contracting Officer.

B. Contingency Plan. The Contractor shall submit with the proposal an outline covering the methods the Contractor will use to meet the contract requirements in the above-cited emergency situation. Upon award the plan will be submitted. After award this plan will be formalized and submitted to the Contracting Officer for approval prior to start of work.

1.22 KEY CONTROL:

A. The KO and/or the COR are the only persons authorized to issue keys to the Contractor. Customers, building occupants, and Project Managers are not authorized key issuers. The Contractor shall establish a control system to ensure that keys issued are not lost, misplaced, or used by unauthorized persons. Government keys shall not be duplicated by the Contractor without the COR’s authorization. Procedures developed to control Government keys shall be included in the Contractor's Quality Control Plan. The Contractor shall comply with FM 3419.30 and AR's 190-13 and 190-51, applicable to key and lock control.

1. The Contractor shall reimburse the Government for replacement of locks or for re-keying required as a result of Contractor losing any key. In the event a master key is lost or duplicated without authorization, all locks and keys for that system shall be replaced at the Contractor’s expense.

2. The Contractor shall report to the KO and COR, or their designated representative, any occurrence of a lost key within one hour of discovery of the loss.

3. The Contractor shall prohibit the use of Government issued keys by any person other than authorized Contractor employees. The Contractor shall not permit entrance to locked areas to any person other than Contractor personnel engaged in the performance of work in those areas, or personnel assigned to the activity where the Contractor is performing work, without written authorization by the KO and COR, or their designated representative. The Contracting Officer and his or her designated representative shall always be allowed access to any Contractor controlled point providing entry to any Government owned property at any time.

END OF SECTION