Attachment 1 Construction BOA Terms and Conditions.pdf

Terms and Conditions

For

Construction Basic Ordering

Agreement

(CBOA)

February 2024

USAFE

Lajes Field, Azores, Portugal

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Table of Contents

1.0. PROGRAM OVERVIEW

1.1. Description of Agreement

1.2. Description of Services

1.3. Level of Design

1.4. Individuals Authorized to Place Orders

1.5. Binding Contract

1.6. Clauses

1.7. On and Off Ramp Procedures

1.8. Cancellation of Agreement

2.0. DEFINITIONS

2.1. Contracting Officer (CO)

2.2. Ordering Contracting Officer (OCO)

2.3. Construction Inspector (CI)

2.4. Statement of Work (SOW)

2.5. Statement of Objectives (SOO)

2.6. Offer

2.7. Task Order (TO)

2.8. Schedule of Material Submittals

3.0. DESIGN REQUIREMENTS

3.1. Design Standards

3.2. Construction Drawings

3.3. Availability of Geographic Information (GIS) Data and Computer-Aided Drafting and Design (CADD) Drawing Files

4.0. CONTRACTOR OPERATIONS

4.1. Contractor Access to Air Force Installations

4.2. Working Hours

4.3. Discontinue of Work

5.0. CONTRACTOR QUALIFICATIONS

5.1. Contractor Qualifications

5.2. Key Personnel Roster

5.3. Program Manager

5.4. Quality Control Manager

5.5. Project Manager

5.6. Site Superintendent

5.7. Site Safety and Health Officer (SSHO)

6.0. ENVIRONMENTAL, HEALTH, AND SAFETY CONSIDERATIONS

6.1. Digging permits

6.2. Utility Outage Permit

6.3. Hot Work Permits

6.4. Traffic Control Plan

6.5. Environmental pollution

6.6. Risk Assessments

6.7. Environmental Concerns

7.0. ORDERING PROCEDURES

7.1 General

7.2 Fair Opportunity Procedures

7.3 Fair Opportunity Proposal Request

7.4. Proposal Submission Process

7.5. Proposal Evaluation Process

7.6. Issuing Orders

8.0. TASK ORDER PERFORMANCE

8.1. Commencement of Work

8.2. Task Order Performance Period

8.3. Government Liability of Costs Incurred

8.4. Task Order Terms and Conditions

8.5. Pre-Construction Enabling Works

9.0. AIRFIELD OPERATIONS

9.1. Airfield Work Hours

9.2. Airfield Operations

9.3. Airfield Soft Closure

9.4. Airfield Access

9.5. Foreign Object Debris (FOD)

9.6. Construction Waiver

9.7. Airfield Safety and Training Requirements

9.8. Airfield Driving Course

10.0. DELIVERABLES

10.1. Schedule of Submittals

10.2. Material Approval Submittal

10.3. Safety Data Sheets

10.4. Hazardous Materials/Chemical Management: Hazardous Materials/Chemical Management.25

10.5. Alterations and Additions

10.6. Preconstruction Submittals

11.0. PROJECT COMPLETION

11.1. Painting and Finishing

11.2. Alterations

11.3. Clean Up

11.4. Government Possession of Work

11.5. Record Drawings

11.6. Warranty of Construction

11.7. Warranty Service Calls

11.8. Quality Control Records

11.9. Notice of Non-Conforming Work

11.10. Pre-Final Inspection

11.11. Final Inspection Notification

11.12. Declination to Inspect

11.13. Operation & Maintenance Manuals

APPENDIXES:

1.0. PROGRAM OVERVIEW

1.1. Description of Agreement.

This Construction Basic Ordering Agreement (CBOA) is a written instrument of understanding, negotiated between the United States (US) Government and the Contractor to provide construction services for a broad range of renovation, demolition and construction projects for the US Government. This agreement is not a contract.

Construction to be furnished under these agreements will be ordered by issuing Task Orders.

Work shall be defined in individual Task Orders and may consist of multiple disciplines in generic construction categories. It may involve design services for all aspects of general construction including construction, modifications, demolitions and renovations of existing facilities. Work may include but is not limited to: maintenance, demolition, repair, alteration, mechanical, electrical, heating/air conditioning, painting, flooring, paving, and earth work for industrial/office buildings and/or infrastructure.

The Contractor shall furnish all design, labor, equipment, material, manufactured articles, transportation, supervision, and all necessary items to accomplish the design and/or repair/construction of each Task Order written under this agreement for all work that is defined for each project.

Work locations include Lajes Field Base/“Base Aérea N.º 4” at Lajes, and any off-Base support sites at Terceira Island, Azores, Portugal.

Each agreement should remain in effect for a period of five (5) years, from the effective date of the receipt of a CBOA.

1.2. Description of Services.

The Construction Basic Ordering Agreements (CBOAs) will be utilized to execute a broad range of maintenance and repair construction projects and may involve design-build services. These projects may include tasks in a variety of trades such as demolition, site work, excavation, cast-in-place concrete, masonry, structural steel, electrical, mechanical (including HVAC), concrete and asphalt paving, painting, millwork, flooring, and other specialty and general construction work, and may require no design, partial design, or full design, depending on the particularities of each project.

1.3. Level of Design.

Projects under the BOAs may ultimately require the contractor to produce a full design, partial design, or no design depending on the project complexity and/or level of design already available and provided to the contractor in the Fair Opportunity Proposal Request (FOPR). Following are the three (3) types of execution process examples anticipated under this agreement as depicted in the following examples.

Example 1: Projects which are already 100% designed. A FOPR containing the 100% design documents will be issued by the Government.

Example 2: Projects which are not already 100% designed and do require design effort by the contractor (a.k.a. Design-Build). A FOPR for a new project with no, or partial design already accomplished by the Government may include requirements to provide a 35% design as part of the contractor’s proposal. In lieu of the 35% design, the FOPR may only require the offerors to submit certification that their proposals include all work described in the SOW and bid schedule and attach a proposed submittal schedule and index of proposed specifications sections. If awarded a Task Order (TO) for the project, the successful contractor shall, as necessary, complete the design to the 100% level. This will include participating in design reviews conducted by the Government at each design milestone (35%, 65%, etc.) as required by the FOPR. The contractor is responsible for recording and distributing the minutes of design review meetings. In addition to the above, the FOPR may also include, but is not limited to, the following, as applicable, based on the level of design required:

1) Government prepared sketches, and any available as-built drawings, specifications, or design information.

2) Design calculations requirements.

3) Construction drawings requirements including professional certifications.

4) Direction regarding fast-track vs. design-build.

5) Timeframes for preparing the proposal, completing design work, and completing construction.

6) Contractor prepared specification sections and version required (minimums)

7) Submittal requirements (minimums)

8) Government Furnished Materials (GFM) or Government Furnished Equipment (GFE) Example 3: Projects which are not already 100% designed and do not require design effort by the contractor. It is anticipated that this process will be utilized for non-complex or repetitive work types of projects where design cost and effort is not warranted. However, material / equipment submittals as well as as-built drawings may be required as indicated in the FOPR.

Although design documents will not be developed, the work performed must conform to the task order, the BOA and all attachments of both.

1.4. Individuals Authorized to Place Orders.

Only a Contracting Officer (CO) from the 765th Air Base Group Contracting Flight (765th ABS/CONF) is authorized to place individual orders under this agreement.

1.5. Binding Contract.

Responses to request for proposals a.k.a FOPR are offers called “proposals”. Offers submitted in response to a FOPR will bind the offeror to perform the resultant contract.

1.6. Clauses.

All CBOA clauses are applicable at the Task Order level.

1.7. On and Off Ramp Procedures.

The government reserves the right to add or remove contractors to the list of vendors that hold a construction BOA. Any offeror capable of providing the technical and management capabilities necessary to execute orders for this BOA may be included at any time, given standard and statutory requirements are met. Inversely, offerors who refuse to provide a proposal, underperform, or fail to meet the terms of any individual task order may be removed from the list of BOA contractors, at any time.

The BOA program may include all offerors who communicate interest and provide appropriate qualifying documentation. The Government reserves the right to utilize the same process in awarding the other parallel BOAs to make additional awards. Subsequent agreements shall include ordering periods concurrent with this present BOA.

1.8. Cancellation of Agreement.

This agreement may be cancelled by either party by providing a thirty (30) calendar day written notice of cancellation.

2.0. DEFINITIONS

2.1. Contracting Officer (CO).

The Contracting Officer refers to a person with the authority to enter into, administer, change and/or terminate contracts/agreements and make related determinations and findings.

2.2. Ordering Contracting Officer (OCO).

The Ordering Contracting Officer refers to a person with the authority to enter into, administer and/or terminate a contract at the order level, and make related determinations and findings at the TO level, namely a Contracting Officer (CO) from the 765th Air Base Group Contracting Flight (765th ABS/CONF).

2.3. Construction Inspector (CI).

The cognizant Base Civil Engineer Squadron will represent the CO while inspecting works being accomplished and accepting completed construction works. This designation in no way authorizes anyone other than the CO to commit the Government to changes in the terms and conditions of the contract.

2.4. Statement of Work (SOW).

SOWs are written descriptions documenting work required by each Government TO. They may be provided by the Government or prepared by the Contractor, depending on the individual TO.

Included in the SOW are the specific technical requirements for the project.

2.5. Statement of Objectives (SOO).

A SOO is the initial document, with drawings where applicable, provided to the Contractor by the Government outlining the overall performance objectives to be completed. It is used in solicitations when the Government intends to provide the maximum flexibility to each offeror to propose an innovative approach.

2.6. Offer.

Offer means a response to a solicitation/FOPR that, if accepted, will bind the offeror to perform the resultant contract.

2.7. Task Order (TO).

A TO is an order placed against an established agreement, which may contain the general and/or specific requirements and parameters of a proposed project. Included with the TO may be a Statement of Work (SOW) that defines specific technical requirements for the project or a Statement of Objectives (SOO) that describes the required work in more general terms allowing the Contractor the ability to provide their own Statement of Work. A TO may also include information such as budget limitations, design certifications and drawings required to be prepared by the Contractor.

2.8. Schedule of Material Submittals.

An AF Form 66 (AF66) - Schedule of Material Submittals, listing of all required submittal items may be included with the project documents (drawings, specifications, submittals, reports, design analysis, etc.). The AF66 will identify when these items need to be submitted relative to the phases of construction (i.e. prior to the start of construction, during turnover, et). All submittals identified on the AF66 shall be electronically submitted on an Air Force Form 3000, Material Approval Submittal.

3.0. DESIGN REQUIREMENTS

Design documents produced by the Contractor shall comply with the requirements specified within this section.

3.1. Design Standards.

Contractor shall become very familiar with the WBDG.org website, specifically the “Documents & References” area. The technical specifications to be utilized during the life of the agreement shall incorporate Lajes Field Facilities Excellence Standards (LFFES), Construction Criteria Base (CCB Specifications), International Civil Aviation Organization (ICAO), Unified Facilities Criteria (UFC), US Green Building Council (USGBC), Lajes Field Construction Site Standards, American Society of Testing and Materials (ASTM), American National Standards Institute (ANSI), National Fire Protection Association Codes (NFPA), Portuguese Electrical Standards (R.T.I.E.B.T), any manufacturer specifications associated with materials and supplies, and the latest appropriate building codes. If a discrepancy exists between these documents, the Contractor shall use the most stringent requirements. The Contractor shall maintain its own copies of the listed codes on site and shall provide, upon request, the government one copy of the following codebooks and keep them up to date as changes occur.

1) Uniform Building Code

2) Uniform Plumbing Code

3) Uniform Mechanical Code

4) National Electrical Code

5) R.T.I.E.B.T.

6) Americans With Disabilities Act Accessibility Guidelines for Buildings and Facilities

3.1.1. United States Standards.

a) Whole Building Design Guide (WBDG). The Department of Defense (DoD) initiated the Unified Facilities Criteria Program to unify all technical criteria (UFCs) and Unified Facilities Guide Specification (UFGS) pertaining to planning, design, construction, and operation and maintenance of real property facilities. The program streamlines the military criteria system by eliminating duplication of information, increasing reliance on private-sector standards, and creating a more efficient criteria development and publishing process. Contractor shall familiarize with Department of Defense’s (DOD) Specifications and Criteria categories within this program (https://www.wbdg.org/ffc/dod).

b) Contractor shall also review and familiarize with the Categories listed under the Air

Force guidance within the WBDG at https://www.wbdg.org/ffc/af-afcec.

c) Contractor shall abide by National Fire Protection Association’s codes and standards at https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/List-of- Codes-and-Standards.

3.1.2. Portuguese and European Standards

a) All applicable Eurocódigos -https://www.lnec.pt/fotos/editor2/QPE/eurocodigos_publicados.pdf

b) Regulamento de Segurança de Instalações de Utilização de Energia Eléctrica.

c) Regulamento Geral das Edificações Urbanas – RGEU

d) Lajes Field Installation Facilities Excellence Standards – https://www.wbdg.org/ffc/af-afcec/installation-facilities-standards-ifs/lajesafb-ifs

e) Contractor shall follow all manufacturers’ installation instructions and work shall be

IAW current Portuguese Standards.

f) All other applicable Portuguese and/or European Standards and Regulations specific to any particular TO.

3.1.3. The Contractor shall comply with all the above standards, both US and Portuguese/European. If the standards differ, the more stringent will apply. An initial list is shown below but is not to be considered as all encompassing.

UFC-REF Document and Descriptions Lajes Field Installation Facilities Excellence Standards Section 01 11 90 – Reference Standards AFI 32-1023 – Design and Construction Standards and Execution of Facility Construction Projects https://www.wbdg.org/ffc/dod https://www.wbdg.org/ffc/af-afcec https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/List-of-Codes-and-Standards https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/List-of-Codes-and-Standards https://www.lnec.pt/fotos/editor2/QPE/eurocodigos_publicados.pdf https://www.wbdg.org/ffc/af-afcec/installation-facilities-standards-ifs/lajesafb-ifs

UFC 1-200-02 High Performance and Sustainable Building Requirements, with Change 3 UFC 3-260-02 Pavement Design for Airfields UFC 3-401-01 Mechanical Engineering, with Change 1 UFC 3-410-01 Heating, Ventilating, and Air Conditioning Systems, with Change 4 UFC 3-420-01 Plumbing Systems, with Change 10 UFC 3-501-01 Electrical Engineering UFC 3-520-01 Interior Electrical Systems UFC 3-530-01 Interior and Exterior Lighting Systems and Controls, with Change 3 UFC 3-600-01 Fire Protection Engineering for Facilities, with change 4 UFC 3-601-02 Operations & Maintenance, Inspection, Testing & Maintenance of Fire, Protection System NFPA 13-Sprinkler Systems NFPA 101-Fire Safety Code

3.2. Construction Drawings.

All drawings required for completion of the task order, will be developed to the applicable stage of completion as called for in the TO. Contractor shall prepare construction drawings in accordance the US Army Corps of Engineers A/E/C CAD Standard https://www.wbdg.org/ffc/army-coe/cad-bim-%20technology-center for drawing requirements and standards. All drawings will also be made available to the government in portable document format (.pdf) format as requested.

Unless otherwise identified in the TO, use of existing drawings provided by the government will be allowed provided the Contractor modifies the drawings to accurately reflect the project requirements.

Basic design criteria utilized for each discipline will be included on the appropriate drawings as required by the TO. Examples would include wind and live/dead loads assumed for structural elements, function specific conditions such as lighting levels or future use considerations for electrical systems, site specific climatic design conditions for mechanical systems, and International Building Code analysis (performed to the same level as if being applied to a municipal building permit process).

The following is a list of drawings which might typically be required under this agreement.

1) Cover Sheet with Title and Approval Block

2) Existing Site Plan

3) Final Site Plan

4) Grading / Landscaping Plans

5) Underground Utility Plan and Profiles

6) Demolition Plan

7) Floor Plans / Furniture Layouts

8) Elevations https://www.wbdg.org/ffc/army-coe/cad-bim-%20technology-center

9) Finish Schedule

10) Wall and Roof Sections

11) Window and Door Schedules

12) Ceiling Plan

13) Details

14) Mechanical Plan and Schedules

15) Plumbing and HVAC Riser Diagrams

16) HVAC Controls Diagrams

17) Electrical Site Plan

18) Power Plan and Panel Schedule

19) Electrical Plan and Lighting Plan with Schedule and details

20) Fire Protection Plan

21) Communications Plan

3.2.1. Drawings Sequence. Arrange drawings by design discipline in accordance with the CAD/BIM Technology Center for facilities, infrastructure, and environment A/E/C CAD Standard Release 6.0 (or current release). All drawings provided by the contractor shall adhere to a logical file naming convention that incorporates the award and TO number.

3.3. Availability of Geographic Information (GIS) Data and Computer-Aided Drafting and Design

(CADD) Drawing Files.

After award and upon request, any electronic GIS and/or CADD drawing files (collectively referred to as electronic files within this section) will only be made available to the Contractor for use in preparation of construction data related to the referenced contract subject to the following terms and conditions. Please note that drawings may not be available for every building. The contractor has a requirement to verify the condition of the workspace via a site visit/site investigation.

a) Data contained on these electronic files shall not be used for any purpose other than as a convenience in the preparation of construction data for the referenced project. Any other use or reuse shall be at the sole risk of the Contractor and without liability or legal exposure to the Government. The Contractor shall make no claim and waives to the fullest extent permitted by law, any claim or cause of action of any nature against the Government, its agents or sub consultants that may arise out of or in connection with the use of these electronic files. The Contractor shall, to the fullest extent permitted by law, indemnify and hold the Government harmless against all damages, liabilities or costs, including reasonable attorney's fees and defense costs, arising out of or resulting from the use of these electronic files.

b) Electronic files are not construction documents. Differences may exist between the electronic files and the corresponding construction documents. The Government makes no representation regarding the accuracy or completeness of the electronic files, nor does it make representation to the compatibility of these files with the Contractors hardware or software.

c) In the event that a conflict arises between the construction documents prepared by the

Government and the furnished electronic files, the construction documents shall govern.

The Contractor is responsible for determining if any conflict exists. Use of these electronic files does not relieve the Contractor of duty to fully comply with the contract documents, including and without limitation, the need to check, confirm and coordinate the work of all contractors for the project.

d) If the Contractor uses, duplicates and/or modifies these electronic files for use in producing construction drawings and data related to the contract, all previous indicia of ownership (seals, logos, signatures, initials, and dates) shall be removed.

e) Mechanical and Electrical Drawings with complete schematics, shall show all heating, air conditioning, plumbing and electrical work as required by the task order.

f) Fire Protection Drawings with complete schematics and showing all fire sprinkler system layout, pipe sizes, locations of heads, details, etc. as required for construction and to meet the codes.

4.0. CONTRACTOR OPERATIONS

4.1. Contractor Access to Air Force Installations.

The contractor is required adhere to DAFFARS 5352.242-9000, Contractor Access to Air Force Installations. The contractor shall submit a written request on company letterhead to the contracting officer of all employees who will require access to the installation within five (5) days of issuance of an agreement/award. The request shall include the full name and the citizenship card number or passport number of all contract personnel that will require access.

Additionally, this request shall include a filled “Anexo G -Empresas”( templates are available at the main gate Pass and Identification office). Please note that base passes may take up to ninety

(90) calendars days to process.

All base traffic must comply with the speed limits that has been set out in various areas.

4.2. Working Hours.

Operational Hours are from Monday through Saturday, from 07:00 to 20:00. The Contractor may find it necessary to deviate from the standard operational hours to ensure timely completion of the work at no additional cost to the Government. If it is deemed necessary, the Contractor must submit a request to the Ordering Contracting Officer (OCO) at least 72hrs prior. It may not be possible to work outside of standard operational hours and the contractor should not plan on it being automatically approved.

The Government CI standard work hours are from Monday through Friday, from 08:00 to 17:00, any work performed outside of this schedule shall not be concealed without prior CI inspection.

4.3. Discontinue of Work.

Schedule of Work may be negotiated between the CO and the contractor during the solicitation process. In the event of any emergency, intense operational demands, adverse wind conditions, or other unforeseen difficulties, the contractor may be required to discontinue all work at locations in the aircraft operational area. The contractor shall notify the CO or technical representative of any changes prior to the start time of each day's work.

5.0. CONTRACTOR QUALIFICATIONS

5.1. Contractor Qualifications.

Contractor required technical qualifications, specialized experience, and technical competence, have been defined throughout the main Construction Basic Ordering Agreement (CBOA) solicitation document and the present document. Each CBOA holder shall have a technical team, composed of the following key personnel: Program Manager, Quality Control Manager, Project Manager, CAAD Technician and Site Superintendent.

Key personnel must meet the following minimum qualifications:

a. Program Manager - Engineering Degree with five (5) years of multi-discipline Experience.

b. Quality Control Manager – An individual with at least five (5) years of combined experience as a superintendent, inspector, quality control Manager, project manager, or construction manager on construction contracts. Individual must be familiar with the requirements of EM 385-1-1 and have experience in the areas of hazard identification and safety compliance.

c. Project Managers - Degree with three (3) years of construction experience or No Degree and five (5) years of construction experience.

d. CADD Technicians - Three (3) years of CAAD experience.

e. Site Superintendent - At least five (5) years’ experience in a position of construction Site Superintendent or equivalent.

f. Design Team/Firm - A designated partner of the Contractor or prime contractor capability, with at least five (5) years of specialized design experience and the capability to execute at least three (3) design-build projects simultaneously. Further requirements of this team shall be defined specifically for each Task Order.

5.2. Key Personnel Roster.

The Contractor must provide a complete roster of all key personnel. Roster must include names, trade specialty, date of birth, phone number, and official identification number. The Contractor must notify the Contracting Officer and the Construction Inspector immediately, of any changes to the key personnel. The contractor shall submit to the Contracting Officer for review, supporting documents demonstrating that all new personnel meet the minimum qualifications as defined in paragraph 5.1 above, failure to do so, the contractor may be removed from the list of BOA contractors.

5.3. Program Manager.

Assign a Program Manager with the responsibility for the overall management of all TO projects under the BOA.

5.4. Quality Control Manager.

The Contractor shall have a Quality Control Manager (QCM) for each TO IAW “Construction Quality Manager for Contractors” as defined and certified by the Army Core of Engineers. The QCM shall be always on the project site or shall have a designated QCM representative to serve in the event of his absence. If the QCM is off-site for a period longer than twenty-four (24) hours, an equally qualified alternate QCM shall be appointed to fulfill the same roles and responsibilities as the primary QCM.

At no time shall a QCM be assigned more than five (5) projects, with a combined project magnitude of $1.5M. Any project with a magnitude above $1.5M shall have a dedicated QCM assigned, exclusively to this project.

5.5. Project Manager.

Assign a Project Manager (PM) to no more than five (5) projects, with a combined project magnitude of $1.5M. Any project with a magnitude above $1.5M shall have a dedicated PM assigned, exclusively to this project.

The PM shall be responsible of several duties at each stage of the Project life cycle, including but not limited to Initiation (determine purpose of the Project), Planning, Execution, Monitoring and control and closing. The Project Manager shall possess the skills for Scheduling, Budgeting, Task Management, Leadership, Communication, Negotiation, Reporting, Problem-solving and Adaptability at any stage of the Project.

5.6. Site Superintendent.

The Contractor shall have a Superintendent for each awarded TO in accordance with (IAW) FAR 52.236-6. The Superintendent shall be the Contractor’s assigned individual with the responsibility for quality and production for each TO.

The Contractor must provide the name(s) of the Superintendent to the CO in writing before contract performance begins. The Superintendent must possess good command of the English language in both reading and writing and must be able to speak fluently and coherently.

The Superintendent must have complete knowledge and understanding of the SOW and all facets of works, to include the requirements of the Portuguese decree-law 109/2000 – 30 June, Safe Systems of Work and have experience in the areas of hazard identification and safety/environment. The Superintendent is responsible for Health and Safety on site during the construction period and will have responsibility for first aid on site during the construction period. The Superintendent may be required to have a Site Management Safety Training Scheme (SMTS) or equivalent training.

The Superintendent must have full authority to act for the Contractor on matters relating to the daily operation of the contract. The Superintendent must have full supervisory authority over workers and/or subcontractors on site.

The Superintendent must be always on-site while work is ongoing until the work is completed and accepted and will be the primary point of contact with Government representatives when visiting the construction site and may be required to attend periodic project meetings.

In addition, the Superintendent may be appointed as the QCM representative, in case the primary QCM is not on-site for a period no longer than twenty-four (24) hours.

5.7. Site Safety and Health Officer (SSHO).

The SSHO shall meet the requirements of EM 385-1-1 Section 1, and the Portuguese decree-law 109/2000, dated 19 July 2000. The SSHO must ensure that the requirements of 29 CFR 1926.16 are met for the project. The SSHO must implement and administer the contractor’s safety program and Government-accepted Accident Prevention Plan.

If the SSHO is off-site for a period longer than twenty-four (24) hours, an equally qualified alternate SSHO shall be appointed to fulfill the same roles and responsibilities as the primary

SSHO.

At no time shall a SSHO be assigned more than five (5) projects, with a combined project magnitude of $1.5M. Any project with a magnitude above $1.5M shall have a dedicated SSHO assigned, exclusively to this project.

6.0. ENVIRONMENTAL, HEALTH, AND SAFETY CONSIDERATIONS.

6.1. Digging permits.

Permits must be obtained prior to any digging, drilling or any excavation work. Digging permit/utility locations are available by submitting the completed US Air Force Form 103.

Contractor to allow 21 calendar days for Government review of digging permit requests. A digging permit for a specified area of excavation expires 30 days after the issue date; the Contractor must re-apply for a new permit to perform excavation in the area if the excavation was not started within the 30-day period. It should be noted that the AF 103 should not be relied upon as a design preparation aid or tool. All contractors are expected to conduct their own site investigations.

Permits will identify all underground utilities within 5 feet of the designated area. Contractor shall be responsible for all repairs, costs, and damages due to excavating without permit or damaging an identified utility.

6.2. Utility Outage Permit.

Contractor shall complete and submit a written request 21 days in advance of the requested utility outage to CES Customer Service through the applicable CES Construction Manager. The request shall include the utility service to be affected, proposed date, proposed time, and outage duration. Form 103 can also be used for the request. Provide CES Construction Manager a copy of the written Utility Outage request. After submitting the request to the government, the Contractor must receive approval from the government prior to schedule a utility outage.

6.3. Hot Work Permits.

Contractor shall obtain a Hot Work Permit for any welding, burning, abrasive blasting, hot-riveting, or other fire-producing or spark-producing operations every 30 days. Contractor shall contact the appropriate construction inspector to request the permit and CC the OCO in the request routing. No form required for the request. Contact the inspector from the 765th ABS squadron for additional information.

6.4. Traffic Control Plan.

The Contractor traffic control plan will include each section of road that will be worked on or impacted as a result of the TO.

Contractor will provide traffic control signs, lights and barricades as needed for all street widening and extensions. At least one lane of traffic must be maintained at all times unless otherwise approved by the OCO.

6.5. Environmental pollution.

The Contractor shall minimize environmental pollution and damage during the course of the contract. The control of environmental pollution and damage requires consideration of land, water, and air resources. The environmental resources within the project boundaries and those affected outside the work area shall be protected during the entire duration of the TO.

6.5.1. Removal. Unless otherwise specified and insofar as is practicable, items and materials shall be removed in a manner inverse to that used in the placing of the items and materials in the structure(s). Care shall be taken during removal operations to prevent any unnecessary damage to the building. Any unnecessary damage to the building(s) resulting from the Contractor's operations shall be repaired at the expense of the Contractor and to the satisfaction of the OCO. Equipment to be reinstalled shall be reinstalled after work called for under other sections of these specifications has been completed. All items which are to be removed and then reinstalled shall be carefully removed and protected until reinstalled.

6.5.2. Disposal. Rubbish and debris shall be removed from Government property daily, unless otherwise directed, to avoid accumulation at the site. Materials that cannot be removed daily shall be stored in areas specified by the OCO. Concrete, masonry, and other noncombustible material, and combustible material, shall be disposed of off the site unless otherwise specified. Remove and transport debris in a manner that prevents spillage on streets or adjacent areas. Local regulations regarding hauling and disposal shall include the submission of consignment/waste disposal certificates for all waste removed from the worksite.

6.6. Risk Assessments.

Employers, employees and the self-employed must identify the hazards involved with their work, employers should pass on information about significant risks and the steps they have taken to control the risks. Risk Assessments should focus on the identification, elimination and management of risks. They should identify hazards, decide who might be harmed and how, evaluate the risks and decide on precautions to reduce or eliminate the risk, record significant findings and review the assessment and update when necessary.

6.7.Environmental Concerns.

6.7.1. Selections of Materials. Environmentally friendly materials are preferred when possible. Environmentally friendly paints are those which do not contain metals such as lead, chromium, cadmium, barium, arsenic, mercury, selenium, or silver. They will also not contain hazardous/flammable solvents such as methyl ethyl ketone, xylene, or toluene. Latex or water-based paints are the preferred type of paint. The decision to use an environmentally friendly paint should not result in an unacceptably short life of painted surface or should it be applied in a poor manner.

6.7.2. Hazardous Materials/Chemical Management. All hazardous material use requires authorization prior to bringing the material on base. “Hazardous Material” includes many materials for which is there a manufacturer Safety Data Sheet (SDS), such as and not limited to: cleaning supplies, paints, solvents, sealants, lead acid batteries, fuels, and herbicides.

The Contractor shall fully comply with attached Appendixes:

a. 01 57 50 – Environmental Compliance

b. 01 58 25 – Removal &Disposal of Asbestos Materials

c. 01 58 26 – Lead Based Compliance & Disposal.

The Contractor shall fully comply with the attached FGS – P: Environmental Final Governing Standards appendix.

7.0.ORDERING PROCEDURES

7.1 General.

7.1.1. Paperless Initiatives. The US Air Force is fully committed to the Federal Government’s electronic commerce and paperless contracting initiatives. As such, it is anticipated that all documents associated with these Construction BOAs will be issued using electronic methods, i.e., the internet, email, etc. to the maximum extent practical.

Contractors shall obtain and maintain capability to receive documents in this manner consistent with common commercial practices as technology evolves during the life of this agreement.

7.1.2. Currency. All TO’s will be issued in Euro (€).

7.1.3. Pricing. Price proposals shall only be considered at the order level. All Task Orders (TO) shall be issued on a Firm-Fixed Price (FFP) basis, rounded to the nearest Euro.

7.1.4. Proposal Preparation Costs. The contractor shall assume all costs associated with preparation of proposals for TO awards and/or any modifications under this contract. The Government will not reimburse contractors for proposal preparations costs as a direct charge.

7.1.5. Price Proposal Format. The Contractor shall present all Price Proposals in the Level 3 Uniformat II Estimate (as defined in "UNIFORMAT II Elemental Classification for Building Specifications, Cost Estimating, and Cost Analysis", by

Robert P. Charette and Harold E. Marshall, from the U.S. Department of Commerce).

7.1.6. Delivery terms and procedures will be established at the Task Order Level.

7.1.7. Failure to reach an agreement on price for any order issued before its price is established, is a dispute under the Disputes clause included in the Basic Ordering Agreement.

7.2 Fair Opportunity Procedures.

The procedures for selecting contractors for task order awards under this agreement are governed by FAR 16.505 and its supplements. For each task order, the Ordering Contracting Officer (OCO) will initiate the fair opportunity selection process by sending a Fair Opportunity Proposal Request (FOPR) letter and attachments (hereafter referred to as the FOPR package) to each of the Construction BOA prime contractor via direct electronic communication, typically via email.

The FOPR will include, at a minimum, the following information:

1) Proposal due date/time and name/email address of POC, to submit proposal to;

2) Project specific statement of work with location of construction;

3) Other requirement documents such as drawings and/or appendices;

4) Period of performance;

5) Funding availability statement;

6) Magnitude of construction;

7) Any additional clauses that may be needed;

7.2.1. Exception to Fair Opportunity: IAW FAR 16.505(b)(2) the OCO will provide all BOA holders a “fair opportunity” to be considered for each order unless one or more of the conditions of FAR 6.302 apply.

7.2.2. Interchanges. The Government may conduct interchanges with one, all, some, or none of Contractors who have submitted proposals. The purpose of interchanges are to correct deficiencies in a contractor’s proposal. Interchanges may result in an otherwise unacceptable proposal being made acceptable. The decision to conduct interchanges is the sole responsibility of the Government.

7.2.3. Clarifications. Clarifications are to resolve minor or clerical errors in a proposal.

Clarifications can occur at any time during proposal evaluation but cannot correct significant deficiencies. Clarifications are not interchanges. Clarifications cannot result in an otherwise unacceptable proposal being made technically acceptable.

7.3 Fair Opportunity Proposal Request.

Orders shall be placed on the basis of best value to the Government. Best value is achieved by use of the following procedures, depending on the capability being solicited.

7.3.1. Construction Capability (CLIN 0001):

7.3.1.1. Price Selection. This procedure is where, at the Government’s discretion, the main Construction Basic Ordering Agreement (CBOA) selection factors and subfactors are sufficient. All CBOA prime contractors are deemed to have all the necessary performance requirements to successfully complete the effort described in the Statement of Work, and that the best value is expected to result from the selection of the lowest priced offeror.

Evaluation Factor:

Factor 1: Price.

All proposals will be ranked by total evaluated price from lowest to highest.

Price will be evaluated using one or more of the proposal analysis techniques described in FAR 15. 404.

The proposed price will be evaluated for:

• Completeness. All price information required by the FOPR has been submitted, to include option pricing when applicable.

• Reasonableness. The degree to which the proposed prices compare to the price a reasonable prudent person would expect to incur for the same or similar services.

• Balance. A proposal may be rejected if the Ordering Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more price elements is significantly overstated or understated as indicated by the application of cost or price analysis techniques from FAR 15.404.

7.3.1.2. Lowest Priced Technically Acceptable (LPTA) Selection. The LPTA procedure is where best value is expected to result from selection of the technically acceptable proposal with the lowest total evaluated price. The term “technical”, as used herein, refers to all non-price factors other than past performance. More than one “technical” factor can be used and titled to match the specific evaluation criteria appropriate for the construction project. Contractors will now be evaluated for additional technical factors, tailored to the particularities of the FOPR, such as, but not limited to:

Evaluation Factors:

Factor 1: Technical Factor 2: Price

The FOPR shall describe the minimum requirements that will be used to determine the acceptability of the proposal.

All factors other than price are evaluated on an “acceptable” or “unacceptable” basis. All factors must receive an acceptable rating to be considered technically acceptable and eligible for award.

All proposals that are determined technically acceptable are treated equally and will be ranked by total evaluated price from lowest to highest. Beginning with the lowest total evaluated priced offer, price will be evaluated using one or more of the proposal analysis techniques described in FAR 15. 404.

The proposed price will be evaluated for:

• Completeness. All price information required by the FOPR has been submitted, to include option pricing when applicable.

• Reasonableness. The degree to which the proposed prices compare to the price a reasonable prudent person would expect to incur for the same or similar services.

• Balance. A proposal may be rejected if the Ordering Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more price elements, is significantly overstated or understated as indicated by the application of cost or price analysis techniques from FAR 15.404.

If an offeror’s proposal is rejected for any reason regarding price, the evaluation process will be repeated with the next lowest offeror until an offer is selected for award. The process will continue until the apparent successful offer is evaluated for price and is determined fair and reasonable and not unbalanced to the point that poses an unacceptable risk to the Government.

7.3.1.3. Tradeoff Selection. This procedure permits tradeoffs between price and non-price evaluation factors and allows the government to award the task order to other than the lowest priced offer.

If the Government decides to issue the FOPR as a tradeoff procedure, award factors will vary depending on the unique requirements of each construction project.

All evaluation factors and significant subfactors that will affect the contract award along with their relative importance shall be clearly stated in the FOPR.

The Ordering Contracting Officer decision to utilize the tradeoff selection method, is authorized based on the Chief of Contracting Office (COCO) approval.

7.3.2. Design-Build Capability (CLIN 0002)

Design-Build Selection. This methodology is appropriate when the contractor is required to produce a full design or a partial design, in addition to the construction project. If the Government decides to issue the FOPR as a design-build selection procedure, award factors will vary depending on the unique requirements of each construction project.

Given that the offerors Technical Capability and Past Performance have been assessed initially for the receipt/award of a Construction Basic Ordering Agreement, which is IAW FAR 36.303-1, Phase One, contractors will now be evaluated for additional technical factors and subfactors IAW FAR 36.303-2, Phase Two, tailored to the particularities of the FOPR, such as, but not limited to:

Evaluation Factors:

Factor 1: Technical Approach.

Subfactor 1: Proposed solution for this effort.

Subfactor 2: Progress Schedule.

Factor 2: Price.

For further information on evaluation factors please see FAR 36.303-2. All evaluation factors and significant subfactors that will affect contract along with their relative importance shall be clearly stated in the FOPR. The following criteria may be evaluated, in addition to price:

• Design concepts,

• Management approach,

• Key personnel,

• Proposed technical solutions, etc.

The proposed price will be evaluated for:

• Completeness. All price information required by the FOPR has been submitted, to include option pricing when applicable.

• Reasonableness. The degree to which the proposed prices compare to the price a reasonable prudent person would expect to incur for the same or similar services.

• Balance. A proposal may be rejected if the Ordering Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more price elements, is significantly overstated or understated as indicated by the application of cost or price analysis techniques from FAR 15.404.

7.4. Proposal Submission Process.

All Contractors are highly encouraged to submit a proposal for every FOPR under this contract but is not required to. The FOPR will include a SOW defining the project requirements and any available reports (i.e. lead based paint or asbestos), maps and current drawings if applicable. The project may require the contractor to produce a full design or partial design depending on the requirement. The US Government will not pay for proposals submitted. The Contractor’s proposal shall be submitted to the OCO on or before the time and date specified in the FOPR package.

7.5. Proposal Evaluation Process.

The Government will evaluate proposals against the selection criteria specified in the FOPR and will award to the offeror whose proposal is deemed most advantageous to the Government based upon an integrated assessment using the evaluation criteria established in the FOPR.

7.6. Issuing Orders.

Upon award, the Government will transmit the task order to the Contractor on a DD Form 1155 or other similar form.

8.0.TASK ORDER PERFORMANCE

8.1. Commencement of Work.

No work under this agreement shall commence until such a time as the OCO issues a written TO and a Notice to Proceed (NTP) under the TO.

The Government will typically issue the notice to proceed within 2 weeks of awarding the project but may be based on the availability of the construction area as stated in the SOW. The contractor shall physically start work within 10 days of receipt of the written Notice to Proceed issued by the OCO and shall diligently continue until work is completed within the time frames established in the task order.

8.2. Task Order Performance Period.

FAR 52.211-10, Commencement, Prosecution, and Completion of Work is included in each contractor’s BOA and shall be incorporated into each TO identifying the construction schedule.

8.3. Government Liability of Costs Incurred.

The Government will not be obligated to reimburse the Contractor for work performed, items delivered, or any costs incurred, nor shall the Contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed TOs.

8.4. Task Order Terms and Conditions.

TOs will be firm fixed priced and shall clearly define the specific works to be performed or the performance desired. Each TO is subject to the terms and conditions of the BOA. In the event of a conflict between the TO and the BOA, the TO shall take precedence.

8.5. Pre-Construction Enabling Works.

Construction cannot start until the following forms have been submitted and approved (dependent on the nature of the project these may or may not be required).

1) AF103, Base Civil Engineering Work Clearance Request (permit to start construction), allow up to 20 working days.

2) Crane Waiver, allow up to 60 working days.

3) Road Closure (includes footpaths and car parks etc.) allow up to 20 working days.

4) Digging Permit.

5) Contractor must provide access and protection systems for working at height for the full duration of the construction program in accordance with the Working at Height Regulations 2005. The working at heights access should not contravene any entrance, exit or emergency escape provisions from the building in accordance with the Working at Height Regulations 2005.

6) The Contractor must issue a revised detailed program of work including the resources required to complete the project as described in the program, for comment and approval following the award of contract and prior to the start of work.

9.0.AIRFIELD OPERATIONS.

This section applies only to projects that require operating on or near the airfield.

9.1. Airfield Work Hours.

Work performed under this section shall be coordinated with, and approved by, the CO. Due to the potential need to shut the airfield runway down to complete this work the contractor and the CO must agree on the dates and hours that work will occur.