Attachment (3) 23C1744371S (Draft).pdf

DRAFT

eProject # 1744371 i

TABLE OF CONTENTS

Part II - General Requirements

SECTION 01 11 00.00 33 GENERAL PARAGRAPHS

SECTION 01 11 10.00 33 ADDITIONAL GENERAL PARAGRAPHS

SECTION 01 14 00.00 33 WORK RESTRICTIONS

SECTION 01 20 00.10 33 PRICE AND PAYMENT PROCEDURES

(Task Order Under $750,000)

SECTION 01 20 00.20 33 PRICE AND PAYMENT PROCEDURES

(Task Order Equal to $750,000 or Over)

SECTION 01 30 00.00 33 ADMINISTRATIVE REQUIREMENTS

SECTION 01 31 23.13 33 ELECTRONIC CONSTRUCTION AND FACILITY SUPPORT

CONTRACT MANAGEMENT SYSTEM

SECTION 01 32 16.00 33 CONSTRUCTION PROGRESS SCHEDULES

SECTION 01 33 20.00 33 CONSTRUCTION SUBMITTAL PROCEDURES

SECTION 01 35 26.00 33 GOVERNMENTAL SAFETY REQUIREMENTS

SECTION 01 45 00.20 33 CONSTRUCTION QUALITY CONTROL

SECTION 01 50 00.00 33 TEMPORARY FACILITIES AND CONTROLS

SECTION 01 57 19.00 33 TEMPORARY ENVIRONMENTAL CONTROLS

SECTION 01 58 00.00 33 PROJECT IDENTIFICATION

SECTION 01 74 19.00 33 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

SECTION 01 78 00.00 33 CLOSEOUT SUBMITTALS

SECTION 01 78 23.00 33 OPERATION AND MAINTENANCE DATA

Part III - Project Program

Project Program is included in Request For Proposal (RFP) for each task order. Seed Project to be used as sample for Project Program will be designated by other document and will be attached as separate file, when solicitation package is issued.

Part IV - Performance Technical Specifications

Not Used.

Part V - Prescriptive Technical Specifications

Whenever abatement work for asbestos containing materials (ACM) is necessary, Sections associated with the abatement work for ACM will be provided for each Task Order. However, unless otherwise indicated, necessity of ACM abatement work must be decided by the Contractor through the results of data.

Whenever abatement/removal work for lead-based paint (LBP),and/or paint containing cadmium/chromium hexavalent(VI) is necessary, Sections associated with the abatement/removal work for LBP, and/or paint containing cadmium/chromium (VI) will be provided for each Task Order. However, unless otherwise indicated, necessity of LBP and/or paint containing cadmium/chromium (VI) abatement/removal work must be decided by the Contractor through the results of data.

Whenever the Task Order includes works associated with facility-related control system, Section associated with the cybersecurity of facility-related control system must be applied to the Task Order. If the requirement is not indicated in Task Order, the section will not be applied to the Task Order.

ii

Part VI – Attachments

This part is consisted of sample forms and instructions associated with Part II. These attachments are used for reference purpose only. The Contractor must confirm there is/are any latest version(s) at the time of actual use and follow the guidance of the Contracting Officer.

Part II

NAVFAC SPECIFICATION NO.

CONSTRUCTION CONTRACT NO.

APPROPRIATION: Various eProject No.: 1744371

DESIGN-BID-BUILD MULTIPLE AWARD CONSTRUCTION CONTRACT

(MINI MACC)

FOR

U.S. FLEET ACTIVITIES, SASEBO, JAPAN

Part II - General Requirements

01 11 00.00 33-1

SECTION 01 11 00.00 33

GENERAL PARAGRAPHS

06/22

PART 1 – GENERAL

1.1 GENERAL DESCRIPTION

The purpose of this acquisition is to obtain an Indefinite Delivery Indefinite Quantity (IDIQ) Contract using the Multiple Award Construction Contract (MACC) method for design-bid-build (DBB) and Category (CAT) III/IV construction projects at various locations at U.S. Naval Fleet Activities Sasebo, Japan (CFAS), per the FAR clause entitled "16.504 INDEFINITE – QUANTITY CONTRACTS." Projects include shore and waterfront facility and built-in equipment project work classified as repair, construction, maintenance, equipment installation, sustainment, restoration / modernization and demolition. Contract for Small Magnitude Projects is referred to as a "MINI MACC" based on the individual task orders within ordering limitation in accordance with the FAR clause entitled

"52.216-19 ORDER LIMITATIONS."

The scope of work includes architectural, mechanical, electrical and civil works for projects in support of shore-based and waterfront facility investment such as facility and built-in equipment repair, construction, maintenance, equipment installation, sustainment, restoration / modernization, new footprint and demolition. Facilities projects include work classified as repair, construction, maintenance, equipment installation, sustainment, restoration / modernization and demolition. The Contractor must furnish all labor, management, supervision, tools, materials, equipment, engineering, and transportation, except otherwise specified herein, necessary to perform various facility and build-in equipment type projects.

Potential project examples include building construction, renovations and repairs, the installation and / or repair of road pavement, fencing, fire suppression systems, HVAC systems, renewable energy source technologies, advanced metering systems; the removal and disposal of lead based paint and asbestos containing material; the installation, repair and optimizing of operations of shore-based equipment; the network integration of building automation and control equipment; and pier maintenance dredging work.

There are three types of requirements in an IDIQ MACC consisting of Type A and Type B as follows:

Type A: Design-Bid-Build Contract, having 100% design plans and specifications. The Contractor must perform the construction only. Drawings, specifications, and other data for and preliminary to the construction are prepared by the Government; contract is only for the construction of the project. Design has been completed by the Government and the Contractor is to perform the construction only.

Type B: Category (CAT) III/IV Construction Contract, having performance work statement in specifications involving limited engineering without design plans or the detailed engineering. CAT III/V projects include, but not limited to, minor renovation or repair, (in kind) replacement or repair of fixtures, hardware, finishes, and non-technical equipment. The Contractor must perform the construction only. Specifications and other data for and preliminary to the construction are prepared by the Government. The Specifications and other data will be provided by the Facility Support Contracts (FSC) Branch of FEAD via the Contracting Officer as RFP. The requirements for Type A (Design-Bid-Build) contract specified herein also apply to the Type B contract.

1.2 LOCATION

The work must be performed on shore-based and waterfront facilities and built-in equipment at the U.S.

Government Installations of CFAS, Japan. Specific facility location and numbers will be identified in the specification and drawings of each project for each task order requirement. The contract work must be performed at various CFAS areas of responsibility including the following primary installation areas:

01 11 00.00 33-2

a. CFAS, Japan, Main Base Area, Main Base Housing Area, Fiddlers Green Housing Area, Sasebo Dry Dock Area, Hario Housing Area, Sasebo Ammo Supply Point Area, Harioshima Ammo Storage Area, Akasaki POL Depot Area, Iorizaki POL Depot Area, and Yokose POL Depot Area.

1.3 CONSTRUCTION CRITERIA:

Unless otherwise indicated or specified, Contractor's work procedures and performance must comply with the latest version of the applicable specifications and standards listed below, and other requirements as specified herein and in task orders. Some task orders may include U.S. construction standards such as Construction Specification Institute (CSI) format NAVFAC Guide Specifications. Where conflicts in requirements appear between sections of any Unified Facilities Guide Specifications (UFGS), Japanese Standard Specifications, or applicable codes or laws, the most restrictive requirement will govern.

a. "Standard Specifications for Government Buildings Construction Work", "Standard Specifications for Government Buildings Repair Work" and "Standard Drawings", supervised by Government Buildings Department, Minister's Secretariat, Ministry of Land, Infrastructure, Transport and Tourism (MLIT), Government of Japan:

(1) MLIT "Standard Specifications for Government Buildings Construction Work (Architectural Work)" and "Standard Specifications for Government Buildings Repair Work (Architectural Work)" and "Standard Detail Drawings for Architectural Works"

(2) MLIT "Standard Specifications for Government Buildings Construction Work (Mechanical Facility Work)" and "Standard Specifications for Government Buildings Repair Work (Mechanical Facility Work)" and "Standard Drawings for Mechanical Works"

(3) MLIT "Standard Specifications for Government Buildings Construction Work (Electrical Facility Work)," "Standard Specifications for Government Buildings Repair Work (Electrical Facility Work)," and "Standard Drawings for Electrical Works"

b. "Standard Specifications for Governments Building Demolition Work" supervised by Government

Buildings Department, Minister’s Secretariat, Ministry of Land, Infrastructure, Transport and Tourism (MLIT), Government of Japan

c. Equipment Procurement and Construction Office (EPCO) of the Ministry of Defense, Government of Japan:

(1) Common Specification, Civil Work

d. Japanese Architectural Standard Specification (JASS)

e. National Fire Protection Association (NFPA)

f. The Ministry of International Trade and Industry (MITI) (Japanese Government) Ordinance No. 61 Technical Standard for Electrical Facilities (DENKI SETSUBI GIJUTSU KIJUN)

g. Construction Guide Lines (CGL):

CGL E-001 Electrical Cabinets/Panelboards (600V Nominal, or Less)

h. Japan Environmental Governing Standards (JEGS):

i. OSHA Regulations

j. EM-385-1-1 U.S. Army Corps of Engineers Safety and Health Requirements Manual

k. Japanese Industrial Standards (JIS)

01 11 00.00 33-3

l. Unified Facilities Criteria (UFC); Facilities Criteria (FC) with "N" at the end of the document number, Design Manuals (DM) and Military Handbooks (MIL-HDBK)

m. American Society for Testing and Materials (ASTM) Standards

n. Electronic Components Association (ECA)

o. Institute of Electrical and Electronics Engineers (IEEE)

p. National Electrical Manufactures Association (NEMA)

q. Telecommunications Industry Association (TIA)

r. Electronic Industries Association (EIA)

s. Americans with Disabilities Act (ADA) and Architectural Barriers Act (ABA) Standards

1.4 Existing Work

In addition to the FAR clause entitled "52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS":

a. The disassembling, disconnecting, cutting, removal or altering in any way of existing work must be carried on in such a manner as to prevent injury or damage to all portions of existing work, whether they are to remain in place, re-used in the new work, or salvaged and stored.

b. All portions of existing work which have been cut, damaged or altered in any way during construction operations must be repaired or replaced in kind in an approved manner to match existing or adjoining work. All work of this nature must be performed by the Contractor at his expense and must be as directed by the Contracting Officer. Existing work must, at the completion of all operations, be left in a condition as good as existed before the new work started.

c. Unless otherwise specified or indicated, existing objects which interfere to accomplish new work must be removed temporarily and reinstalled upon completion of the work.

1.5 Special Condition

The buildings may be in use by the Government during the contract period. The Contractor must make all necessary provisions to keep interference to a minimum as to the scheduling of work and storage of materials. Scheduling and performance of work must be done in such a manner as to cause the least possible inconvenience to personnel using the buildings and the least possible interference with activities in and around the buildings. The Contractor must provide adequate weather protection for the buildings at the end of each work day.

1.6 Location of Underground Facilities

Where existing piping, utilities, and underground obstructions of any type are indicated in locations to be traversed by new piping, ducts, and other work provided herein, and such are not indicated or specified to be removed, the elevations of the existing utilities and obstructions must be verified before the new work is laid closer than the nearest manhole or other structure at which an adjustment in grade could be made. For any additional work required by reason of conflict between the new and existing work, an adjustment in contract price will be made in accordance with the FAR clause entitled "52.236-2 DIFFERING SITE CONDITIONS."

1.6.1 Excavation Requirements

The Contractor must receive written permission from the Contracting Officer and intent to excavate whenever digging is required to perform this contract. The request will provide a sketch of the area, limits of the excavation and expected depths. Unless removal of contaminated soil is elsewhere specified as a part of the contract scope of

01 11 00.00 33-4 work, immediately report to the Contracting Officer any unforeseen discovery of soils suspected of being contaminated with oil or other hazardous materials. After notifying the Contracting Officer, the Contractor will take whatever pro-active measures are necessary to protect the excavation from erosion and prevent the spread of suspected contaminants until testing can be accomplished. Testing will be accomplished as directed by the Contracting Officer through the use of a contract modification or by Government personnel. After analysis of the test results, any soils found to be contaminated will be properly treated and disposed under the direction of the Contracting Officer through a contract modification or by Government personnel in accordance with JEGS and Japanese industrial waste interim treatment and licensing regulations.

Prior to the site work commencement, temporary excavation must be conducted in accordance with paragraph entitled "UTILITY LOCATION VERIFICATION" in Section 01 35 26.00 33 GOVERNMENTAL SAFETY REQUIREMENTS and confirmed the existence of underground line and piping. After confirmation, excavated portions must be restored by performance of temporary backfill and temporary surface work.

1.7 STATUS OF FORCES AGREEMENT (SOFA)

The U.S. Government will not offer "United States Official Contractor" status under Article XIV of the U.S.-Japan Status of Forces Agreement (SOFA) to any offeror awarded a contract under this solicitation. The U.S.

Government may certify qualified employees of a contractor as "Members of the Civilian Component" under Article I (b) of the SOFA.

1.8 CONCILIATION

a. Any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the U.S.-Japan Joint Committee for Conciliation in accordance with paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI, of the Treaty of Mutual Cooperation and Security between Japan and the United States of America.

b. Recourse to the Joint Committee for Conciliation for resolving disputes is available in addition to the procedures set forth in the Contract Disputes Act of 1978 and the Disputes Clause of this contract, 52.233-1. A request for conciliation by the Joint Committee, however, must not toll the time periods allowed under the Contract Disputes Act for appealing a contracting officer's final decision to either the Armed Services Board of Contract Appeals or U.S. Court of Federal Claims.

c. Upon filing a request for conciliation with the Joint Committee, the Contractor must immediately notify the Contracting Officer in writing of the request.

PART 2 PRODUCTS

PART 3 EXECUTION

-- END OF SECTION --

01 11 10.00 33-1

SECTION 01 11 10.00 33

ADDITIONAL GENERAL PARAGRAPHS

PART 1 – GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. The latest version of the publication at time of award for applicable task order must be used.

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

NFPA 241 Safeguarding Construction, Alteration, and Demolition Operations

NFPA 70 National Electrical Code

1.2 SUBMITTALS

Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for Contractor Quality Control approval. The following must be submitted in accordance with Section 01 33 20.00

33 CONSTRUCTION SUBMITTAL PROCEDURES:

1.2.1 SD-01 Preconstruction Submittals

Utility Outage Requests; G

Utility Connection Requests; G

1.2.2 SD-11 Closeout Submittals:

Warranty Card; G

1.3 GOVERNMENT FURNISHED PROPERTY, MATERIALS AND SERVICES

In accordance with the FAR clauses entitled "52.245-1 GOVERNMENT PROPERTY" and "52.245-9 USE AND CHARGES," the Government may furnish or make available to the Contractor certain Government owned facilities, equipment, materials, and utilities as specified below for use only in connection with subsequent task orders as applicable. All such facilities, equipment and materials will be provided in "as is" condition, and their use is at the option of the Contractor. The use of Government-furnished property and services for other purposes is prohibited.

a. Government Furnished Facilities: Not Available.

b. Government Furnished Equipment (GFE): The Government may furnish the equipment to the Contractor for use in the performance of the applicable task order. GFE will be identified as other pertinent information on the applicable task order. The use of GFE for any other purpose is prohibited. The Contractor must be held accountable for all GFE. Upon completion of the specific task order, the Contractor must return all GFE to the Contracting Officer in the same condition as originally provided to the Contractor less normal wear and tear.

c. Government Furnished Material (GFM): The Government may furnish to the Contractor the material for use only in the performance of the applicable task order. The use of GFM for any other purpose is prohibited.

The Contractor must be held accountable for all material supplied, and must provide documentation supporting issue/use of such material. Upon request, such documentation must be made available to the Contracting Officer during regular working hours for examination. GFMs will be identified as other pertinent information on the

01 11 10.00 33-2 applicable task order. GFMs will be delivered to the Contractor as specified in the applicable task order. The Contractor must be held accountable for all materials furnished by the U.S. Government. All GFMs unused at the end of the work ordered must be returned to the U.S. Government and must be turned-in as specified in the applicable task order.

d. Availability of Utilities: Availability of Utilities will be specified in applicable task order.

e. Sanitation

(1) Areas other than Sasebo Ammo Supply Point and Hario Shima Ammo Storage Area: Usage of sanitary conveniences provided in the building is not approved.

(a) In case the public toilets are close to the work site, coordinate with the Contracting

Officer at the time of applicable task order issuance.

(b) In case the public toilet are not close to the work site, the Contractor may provide temporary sewer and sanitation facilities that are self-contained units with both urinals and stool capabilities for the use of the persons employed on the work. Maintain these sanitary conveniences at all times without nuisance, in such a manner as required and approved by the Contracting Officer. Ventilate the units to control odors and fumes and empty and clean them at least once a week or more often if required by the Contracting Officer. Do not flow wastes into a station sanitary sewage system. The doors must be self-closing. The exterior of the unit must match the base standard color. Locate the facility behind the construction fence or out of the public view. Upon completion of the work, remove the conveniences from the premises, leaving the premises clean and free from nuisance. Include provisions for pest control and elimination of odors.

(2) Sasebo Ammo Supply Point and Hario Shima Ammo Storage Area: Coordinate with the Contracting Officer at the time of applicable task order issuance.

1.4 CONTRACTOR FURNISHED ITEMS

1.4.1 General

Except for items listed in paragraph entitled "GOVERNMENT FURNISHED PROPERTY, MATERIALS AND SERVICES" of this section, the Contractor must provide all facilities, equipment, materials, and services to perform the requirements of this contract.

a. All Contractor-furnished replacement units, parts, components and materials to be used in the maintenance, repair, and alteration of facilities and equipment under this contract must be compatible with that existing equipment on which it is to be used; must be of equal or better quality than original equipment specifications; must comply with applicable Government, commercial, or industrial standards such as Japanese Industrial Standards (JIS), Japanese Water Work Association (JWWA), American Society of Mechanical Engineers, etc; must conform to the applicable technical specifications; and used in accordance with original design and manufacturer intent. Items not listed in technical specifications must be of acceptable industrial grade and quality.

If the original manufacturer has updated the quality of parts for current production, parts supplied under this contract must equal or exceed the updated quality.

b. Replacement parts must be new. If new parts are not available, the Contractor may request approval in writing from the Contracting Officer to use factory reconditioned parts. Use of factory reconditioned parts prior to written approval of the Contracting Officer is at the Contractor's sole risk. All parts whether new or factory reconditioned must carry the full warranty required by this contract.

c. Administrative supplies and equipment must be furnished by the Contractor.

d. Hazardous Materials: The Contractor must provide the Contracting Officer a hazardous material (HM) inventory and safety data sheets (SDSs) before such HM comes on to the job sites. The Contractor must submit contractor's plans for protection of public and Navy personnel, HM disposal, and procedures for HM spill response

01 11 10.00 33-3 in conformance with Federal and local regulations.

1.5 TASK ORDER

After award of the initial contracts, the successful Contractors will be expected to submit technical and price proposals in response to Request for Proposal including scope of work for Task Order to be issued. Each awarded contractor must respond to each task order request.

Task orders for Type A (100% design plans and specifications) will not require design but regular construction only.

Task orders for Type B (Reference drawings and specifications) will not require design but regular construction only.

Each awarded task order will indicate a specific completion date and associated liquidated damages. Subsequent task orders may be awarded utilizing either the tradeoff process or lowest price technically acceptable source selection process on the best value continuum as outlined in the FAR clause entitled "15.101, BEST VALUE CONTINUUM." If the Government decides to issue the task order utilizing the tradeoff process, award factors will vary depending on the unique requirements for each task order. If one of the IDIQ contractors should be unable to competitively secure a task order to meet the minimum guarantee, the Government reserves the right to negotiate a task order with only that offeror in accordance with the FAR clause entitled "16.505(b), ORDERING."

1.5.1 Issue of Task Order

A written Task Order on a DD Form 1155, will be issued to the Contractor by the Contracting Officer for each project of work to be performed under this contract in accordance with Paragraph entitled "PROCEDURES FOR

ISSUING ORDERS".

1.5.1.1 Content of Task Order

When task order issued contains similar but different requirement to requirement specified in this Specification for MACC contract, the paragraph contains such requirement in task order issued will be applied to project work required by the task order unless otherwise designated by the Contracting Officer.

1.5.2 Compensation

The U.S. Government must not be obligated to reimburse the Contractor for work performed, or any costs incurred, nor must the Contractor be obligated to perform, or otherwise incur costs except as authorized by duly executed task orders. Contractor's costs will not be compensated for participating in site visits and task order proposal.

1.5.3 Price Proposal for Task Order

Price proposal for task order will comply with the following:

a. Task Orders may be awarded on the basis of a Price Only method; a Lowest Price Technically Acceptable (LPTA) method; or a Best Value-Trade Offs method.

b. The basis for award will be stated in the Proposed Task Order (PTO).

c. Whenever possible, award will be made without discussions. If discussions are required, each contractor will be requested to provide a final proposal, unless eliminated from discussions through the establishment of a competitive range.

1.6 PROCEDURES FOR ISSUING ORDERS

1.6.1 Payment

01 11 10.00 33-4

For each task order, the Contractor will be paid at a fixed price as specified in the following procedures. Reference must be made to paragraph entitled "GENERAL DESCRIPTION" in Section 01 11 00.00 33 GENERAL

PARAGRAPHS.

1.6.2 Procedures for Selecting Contractors for Task Order

1.6.2.1 Government Scope of Work

Some projects may include significantly developed and completed designs.

a. Except as specified at the paragraph entitled "SPECIAL ISSUE OF TASK ORDER," whenever the Government has work to be performed under this contract, the Contracting Officer will issue a task order request for proposal that includes one of the following types of Scope of Work describing the work to be accomplished:

(1) A Scope of Work with detailed plans, drawings and specifications.

(2) A narrative scope of work with simple drawings and sketches.

(3) A narrative scope of work with no drawings or limited sketches.

(4) Request for Proposal for Type A (design is completed by the Government) is issued to the Contractor for further construction work; therefore, proposal for construction must be only submitted in response to Request for Proposal.

b. The U.S. Navy intends to take advantage of Contractor's expertise and experience when accomplishing work under this contract. In response to the Scope of Work issued above, the U.S. Navy will require the Contractor to provide engineering as defined by engineering analysis, drawings, catalogue cuts, submittals, or similar information to clearly define the work that the contractor will perform and allow the U.S. Navy to evaluate the contractor's proposal. Details by a professional engineer are considered part of the Contractor's responsibility under this contract, however, design for Type A prepared by the Government are not considered part of the contractor's responsibility under this contract.

c. Finally, the Scope of Work will identify the period for submitting Initial Proposals. Such a period must normally be between seven and 30 days, depending on scope, complexity and value of work.

d. At a minimum, the Government-issued Scope of Work will include the following information:

(1) Nature and scope of work to be performed.

(2) Location of the job site.

(3) Government furnished material/equipment if applicable.

(4) Any special material to be used and equipment to be installed if applicable.

(5) Any special site conditions and/or contractor's working hours requirements if applicable.

(6) Any special Initial Proposal requirements if applicable.

e. Schedule for submission of Initial Proposals.

1.6.2.2 Special Issue of Task Order

In accordance with the FAR clause entitled "16.505(b), ORDERING," the Government may issue a Scope of Work to only one contractor in the following situations:

01 11 10.00 33-5

a. The work is specialized and one Contractor possesses a clear price advantage for the type of work that would be involved which is unlikely to be overcome by consideration of any other factors set forth at the paragraph entitled "SELECTION CRITERIA FOR TASK ORDER."

b. The work requirement is of such urgency that following the procedures set forth in the paragraph entitled "PROCEDURES FOR SELECTING CONTRACTORS FOR TASK ORDER" would result in unacceptable delay.

c. Only one Contractor possesses the capability of performing the work.

d. The order is a logical follow-on to an order already issued to a Contractor such that economy and efficiency dictate award to the same Contractor.

e. The order is necessary to meet the Government's minimum guarantee.

1.6.2.3 Site Visit

When deemed appropriate by the Government, or upon the request of the Contractor, the Contractor may inspect the job site with the Government's representative to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance to the extent that such information is reasonably obtainable. Such site visits will normally be held at a time mutually convenient to each Contractor, but it must be wholly at the discretion of the Government when to hold such site visits, or whether to hold more than one such visit. During such site visits, the Contractors may discuss with the Government representative specific conditions and details of the work including but not limited to, material to be used, how the work will progress, and contractor working hours. Any deficiencies, omissions, conflicts or other adverse condition that may exist in the Scope of Work, or that may be encountered during the site visit must be immediately brought to the attention of the Contracting Office, in writing, for resolution prior to the submission of the Contractor's initial proposals.

1.6.2.4 Contractor's Initial Proposals

a. Upon receipt of the Government-issued Scope of Work, and within the time specified, the Contractor may be requested to submit an Initial Proposal. This proposal will generally be less detailed than the Price Proposal Revision, and will primarily be the Contractor's proposed price for doing the work. If the work is of a sufficiently technical nature, or if specialized equipment or material is required by the Scope of Work, a contractor may also be requested to submit catalog cuts or manufacturer's information, and/or rough sketches of the proposed work to allow the Government to evaluate the contractor's proposal. Such requirements will be stated in the Government-issued Scope of Work.

b. The Contractor may also submit proposed changes, alternative methods, or deviations from the Government's proposed Work Scope that may be the "Best Value" to the Government considering quality, maintainability, operation, price, or other factors advantageous to the Government. The Contractor may submit a voluntary alternate proposal separate from the proposal response to the RFP. The voluntary alternate proposal will be treated as another proposal and must be submitted with the technical and price volumes separate. Where approved, the Contractor must be responsible for the accuracy, sufficiency, and completeness of the changes, alternatives, or deviations, and must correct all resulting deficiencies, omissions, or defects at no additional cost to the Government.

c. All items must be submitted by electronic files on CD or DVD using Microsoft Office applications (i.e.

Word, Excel, Project) and Adobe Acrobat format.

1.6.2.5 Selection Criteria For Task Order

Upon receipt of Initial Proposals, the Contracting Officer will select the firm whose proposal offers the Best Value to the Government considering price, past performance of the contractor on prior orders, quality of workmanship, timeliness of performance, and any advantageous technical changes, alternatives, or deviations.

01 11 10.00 33-6

1.6.2.6 Price Proposal Revision

a. Based on the evaluation of the contractors' Initial Proposals the Government will select one contractor who offers the best value. Prior to issuing a task order, the Contracting Officer may require the submission of a Price Proposal Revision. The Price Proposal Revision will simply provide more detailed information than the Initial Proposal. This may include:

(1) detailed breakdown of the Initial Proposal by cost categories (i.e. labor, material, equipment, overhead and profit) in electronic spreadsheet (i.e. Microsoft Excel) format and Adobe Acrobat format;

(2) additional information, including drawings, catalog cuts, manufacturer's information necessary to definitize the scope of work included in the proposed order.

b. As deemed necessary, the Government and Contractor may negotiate both the final scope and price of the work. Upon resolution of any issues in disagreement and upon the Government's satisfaction that the price is fair and reasonable, a task order will be issued to the Contractor.

c. If the Government and the Contractor fail to reach an agreement on a fair and reasonable price for any proposed scope of work, the Government reserves the right to enter into negotiations with another contractor.

1.6.3 Project Schedule

1.6.3.1 Commencement, Prosecution, and Completion of Work

a. Unless otherwise specified in a task order, the Contractor must be required to commence work within five calendar days after issuance of a written task order, prosecute the work diligently, and complete the entire work ready for use not later than the number of days stated in the Task Order.

b. The Government may modify the completion dates indicated above in the Government issued "scope of work" during the task order proposal stage to accommodate urgent requirements, or work requiring materials or equipment with long-lead times. Additionally, if the Contractor cannot complete the work as specified, or can complete it earlier than required, the Contractor may propose such a different completion date with explanation in its initial proposal. The proposed performance period will then be evaluated in addition to the other factors described in paragraph entitled "SELECTION CRITERIA FOR TASK ORDER" and incorporated into the task order if accepted by the Government.

1.7 TASK ORDER OMBUDSMAN

The Competition Advocate for the Pacific Division, Naval Facilities Engineering Systems Command, has been appointed as the Task Order Ombudsman. The Task Order Ombudsman is appointed to review complaints from Contractors regarding procedures used to award task orders and ensure that Contractors are provided a fair opportunity to be awarded task orders under the contract consistent with the procedures specified in the contract. If the contracting officer should be unable to resolve the contractor's concerns, the Contractor may contact the Task Order Ombudsman specified in the FAR clause entitled "52.216-32 TASK-ORDER AND DELIVERY-ORDER

OMBUDSMAN

1.8 COLLUSION

Any collusion between contractors to establish prices or allocate work to be issued as task orders on this contract is strictly prohibited. Substantiated allegations of such activities under this contract must be cause to terminate the contract and any outstanding task orders for default. In addition, the Government may refer the matter to local authorities, seek civil damages, and take appropriate administrative actions to suspend and/or debar the contractor from future contract awards.

1.9 GENERAL ADMINISTRATIVE REQUIREMENTS

1.9.1 Environmental Protection

01 11 10.00 33-7

The Contractor must comply with all applicable Japanese laws and regulations, and Department of Defense Japan Environmental Governing Standard (JEGS). All environmental protection matters must be coordinated with the Contracting Officer. Inspection of any of the facilities operated by the Contractor may be accomplished by the Activity Environmental Protection Coordinator, or authorized officials on a no-notice basis during normal working hours. In the event that a regulatory agency assesses a monetary fine against the Government for violations caused by Contractor negligence, the Contractor must reimburse the Government for the amount of that fine and other costs.

The Contractor must also clean up any oil spills which result from the Contractor's operations. The Contractor must comply with the instructions of the cognizant Navy Medical Department with respect to avoidance of conditions which create a nuisance or which may be hazardous to the health of military or civilian personnel.

1.9.2 Disposal

All debris and rubbish resulting from the work under this contract must be disposed of by the Contractor at his expense off U.S. Government property and at approved facilities for such disposal in accordance with Japanese Law and local regulations.

a. Dispose of any and industrial waste in accordance with Department of Defense (DOD) Japan Environmental Governing Standards (JEGS), Japanese Laws, "Nagasaki-ken Mirai-ni Tsunagaru Kankyo-wo Mamorisodateru Jorei (Mirai Kankyo Jorei)" (Code for Environmental Protection and Improvement), and Occupational Safety and Health Administration, U.S. Army Corps of Engineering (USACE) Engineering Pamphlet.

Proof of proper disposition (an authenticated disposal ticket or a copy of manifest) must be submitted to the Contracting Officer prior to Government acceptance of the work.

b. Unless otherwise specified or directed, do not dispose any hazardous wastes into any area outside the

Government control area. The Contractor must inform of any hazardous wastes to be collected to the Contracting Officer for the notification purpose to the Base / Station Environmental Hazardous Waste Disposal Br., Environmental Division, in writing and coordinate setting up the boxes with the Contracting Officer. The Contractor must submit Hazardous Waste Disposal Disposition form provided by the Contracting Officer.

1.9.3 Passes And Badges

All Contractor employees must obtain the required employee and vehicle passes. The Contractor must, prior to the start of the contract, submit the names of personnel to be utilized during the contract term to the Contracting Officer and must include the following for each person:

a. Name

b. Date of Birth

c. Place of Birth

d. Citizenship

e. Address

f. Age

After receipt of the names and obtaining of security clearances, the cognizant Pass Office will issue a Contractor's pass and/or badge to each person on the list. No personnel will be permitted on the site without a valid pass and/or badge. Within the confines of U.S. Government controlled premises, personnel must have their passes and/or badges immediately available and must produce them for identification purposes when requested by security authority. Passes and/or badges must be presented when entering or departing the base. Upon termination of any employment, expiration, completion of contract, or when passes and/or badges are no longer required, passes and/or badges must be returned within two working days. Passes and/or badges issued to Contractor employees must not negate the requirement for employee identification required in paragraph entitled "IDENTIFICATION OF CONTRACTOR EMPLOYEES." Immediately report instances of lost or stolen badges to the Contracting Officer.

1.9.4 Identification of Contractor Employees

01 11 10.00 33-8

a. The Contractor must provide to the Contracting Officer the name or names of the responsible supervisory person or persons authorized to act for the Contractor.

b. The Contractor must furnish sufficient personnel to perform all work specified within the contract.

c. Contractor employees must conduct themselves in a proper, efficient, courteous and businesslike manner.

d. The Contractor must remove from the site any individual whose continued employment is deemed by the Contracting Officer to be contrary to the public interest or inconsistent with the best interests of National Security.

e. No employee or representative of the Contractor will be admitted to the site of work unless he/she furnishes satisfactory proof that he/she is a citizen of Japan, or, if an alien, his/her residence within Japan is legal.

f. All contractor/subcontractor employees working under this contract must be identified by a distinctive name plate, emblem, or patch attached in a prominent place on an outer garment. Employee identification must not be substituted for station required passes or badges.

1.9.5 Identification of Contractor Vehicles

The company name must be displayed on each of the Contractor's vehicles in a manner and size that is clearly visible. All vehicles must display a valid license plate and safety inspection sticker, if applicable, and must be maintained in good repair.

1.9.6 Permits

The Contractor must, without additional expense to the Government, obtain all appointments, licenses, and permits required for the prosecution of the work. The Contractor must comply with all applicable local laws. Evidence of such permits and licenses must be provided to the Contracting Officer through FINS (Facility Impact Notification System) request before work commences.

1.9.7 Work Schedule

a. The Contractor must arrange his/her work so as not to cause interference with normal occurrence of Government business. All work schedules required must be submitted to and be approved by the Contracting Officer. In no event must the Contractor change approved work schedules without the prior written approval of the Contracting Officer.

b. For each task order, in accordance with the FAR clause entitled "52.236-15, SCHEDULES FOR CONSTRUCTION CONTRACTS," the Contractor must submit to the Contracting Officer a firm work schedule for approval. The work schedule must identify all work to be accomplished under the task order, and the proposed date and time of performance must be indicated. Changes or additions to any job that prevents the Contractor from completing the work on time or which change the scope of the work must be reported to the Contracting Officer in writing.

c. Service Interruptions: If any services must be discontinued (even temporary) due to scheduled contract work, the Contractor must notify the Contracting Officer, affected tenants and customers at least 14 working days in advance. If the discontinued service is due to an emergency breakdown, the Contractor must notify the Contracting Officer, affected tenants and customers as soon as possible.

1.9.8 Welder Qualification

Each welder and welding operator assigned to work covered by this contract must be qualified in accordance with ANSI B 31.1 or JIS Z 3801. Evidence of such qualification must be provided to the Contracting Officer upon demand.

01 11 10.00 33-9

1.9.9 Installation And Test

Equipment installation and test must be conducted in accordance with the manufacturer’s instruction manuals.

1.9.10 Demolition And Removal: Do not begin demolition and removal until authorization is received from the Contracting Officer. Remove daily rubbish and debris from the project site, do not allow accumulations around the project site. Store materials that cannot be removed daily in areas specified by the Contracting Officer.

1.9.11 Gas-Free Testing

When the Contractor works in a hazardous area, the qualified gas-free engineer of the Contractor must perform gas-free testing (testing flammable vapor concentration) and monitoring atmosphere before and during the period of contractor’s work at the job site. The Contractor must submit to the Contracting Officer three copies of past performance record showing that the gas-free engineer has performed gas-freeing, testing and monitoring duties in and around petroleum storage tanks in the past along with his/her qualifications. Welding, or other heat or spark generating work must not be performed while fuel transfers are under way.

Hazardous areas are generally defined as any area.

a. Within 30 m of active aboveground storage tank,

b. Within 30 m of leaking section of fuel pipelines or other vapor sources,

c. Within 60 m of the downwind side of potential vapor emission sources (i.e., pressure-vacuum vents, open vents on active tanks, leaking section of pipelines),

d. Within the existing tanks, and

e. Within a dike.

1.9.12 Ozone Depleting Substances (ODS)

When performing work which involves ozone depleting substances (ODS) including refrigerant and halon, the Contractor is responsible for the recapture of all ODS to prevent leaks to the atmosphere in accordance with the applicable Japanese laws and regulations. The Contractor must not intentionally vent any refrigerant and halon.

Class-I and Class-II ODS must be collected and turned into the Government, and all others will be turned in for disposition to an approved facility in accordance with the applicable Japanese laws and regulations. Proof of proper disposition (an authenticated disposal ticket or a copy of manifest) must be submitted to the Contracting Officer prior to Government acceptance of the work.

1.9.13 Contractor Availability During Emergency Operations

In the event of a catastrophic natural or man-made disaster (Emergency Operations) this will be the primary contracting vehicle used to restore essential services, repair damaged structures, and build temporary facilities.

Contractors under this MACC may be requested to provide emergency construction services to any location on the Mainland of Japan. The Contractor will provide and up-date an emergency contact list consisting of telephone numbers, e-mail addresses, and home address of key company representative that can respond within two days of a catastrophic natural or man-made disaster. These individuals will have authority to estimate and propose pricing for specific work as directed by the Contracting Officer. The Contractor will be expected to commence work within seven days of contract award during an Emergency Operation event.

1.9.14 Actions Required Of The Contractor

1.9.14.1 Lead Containing Materials

Will be indicated on individual task order.

01 11 10.00 33-10

1.9.14.2 Asbestos Material

Will be indicated on individual task order.

1.9.14.3 Mercury Material

Not applicable.

1.9.14.4 Radiation Areas

Not applicable.

1.9.14.5 Safety Briefing

The Contractor's personnel who will enter areas controlled by Navy Munitions Command Pacific East Asia Div.

Detachment Sasebo (NMCPAC EAD UNIT Sasebo), Japan to perform the any work under this contract must attend safety briefing held by the NMCPAC EAD UNIT Sasebo, Japan, before such entering for the contractual work.

1.9.14.6 Preparation for Actual Work

The Contractor must commence Administrative Work, Site Survey and Measurements of site conditions in accordance with the Contract after the approval of the Contracting Officer for "Performance Bond and Insurance", applicable section of the Accident Prevention Plan (APP), including organization chart and emergency contact procedures, and Activity Hazard Analysis (AHA) for the survey work. No on-site construction will be allowed during that time unless coordinated with the Contracting Officer in advance.

NOTE: Performance of work at the job site must commence only upon receipt of Government approval for preconstruction submittals. On-site work must not begin until there is an accepted Safety Plan, APP, AHA, Quality Control (QC) Plan and any other required submittals as identified under the contract and each task order specification and drawings.

1.9.14.7 Material Requirements

All materials must be new except where indicated as existing or reused. Do no use materials having a lead content over 0.009 percent by weight of nonvolatile content if the buildings that are targeted for the project are housing, CDC, youth center or school. Do not use materials having a lead content over 0.06 percent by weight of nonvolatile content unless otherwise specified in task order and herein. Do not use paints with any content of cadmium and chromium (VI). Do not use paints containing ACGIH 0100 confirmed human carcinogens (A1) and suspected human carcinogens (A2). Also, all materials to be used under this contract must be Non-asbestos type (Asbestos contained; less than 0.1 percent by weight). Submit a certificate from the manufacturer stating that the product conforms to requirements specified in task order and herein, such as certifications of lead and/or asbestos quantities contained in each materials.

1.9.14.8 Warranty Card

In accordance with Section 01 78 00.00 33 CLOSEOUT SUBMITTAL, Warranty Management Plan, the Contractor must complete a warranty card where directed by the Contracting Officer. It is a matter of course that the warranty card must not cover the material furnished by the Government, accordingly, the warranty card must indicate such conditions. The information on the warranty card must be verified by the Contracting Officer, prior to being posted.

A sample warranty card is shown in Sample Forms, Part VI.

1.9.14.9 Notification Letter in Housing Areas

a. All housing projects (Arch/Mech/Civil/Elec) must include the following paragraph

01 11 10.00 33-11

For any outages that occur in housing areas or tenant information regarding this project, the Contractor must produce copies and distribute Notification Letter provided by Housing office to all affected residents.

b. Other projects (DoDEA, MWR, etc.) must include the following paragraph, if housing residents receive impact due to the outage work.

For any outages that occur in housing areas, the Contractor must produce copies and distribute Notification Letter provided by Housing office to all affected residents.

1.10 ON-SITE PERMITS

1.10.1 Utility Outage Requests and Utility Connection Requests

Work must be scheduled to hold outages to a minimum. Restrictions to utility outage and/or Government operation are/is specified in Section 01 14 00.00 33 WORK RESTRICTIONS.

Utility outages and connections required during the prosecution of work that affect existing systems must be arranged for at the convenience of the Government.

Contracting Officer may permit utility outages at his/her discretion.

Requests for utility outages and connections must be made in writing to the Contracting Officer at least 10 working days in advance of the time required.