Attachment 9 - Section H Special Contract Requirements.pdf

Section H - Special Contract Requirements

H-1 PERFORMANCE AND PAYMENT BONDS (INDEFINITE DELIVERY INDEFINITE

QUANTITY (IDIQ) CONTRACTS)

Pursuant to FAR clause 52.228-15, Performance and Payment Bonds, the contractor shall submit its performance and payment bonds no later than 10-days after award of the contract. The Contractor shall furnish two bonds each with surety or sureties acceptable to the Government in the form of a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bonds shall be as follows:

(a) Performance Bond. The penal sum of the Performance Bond shall equal one hundred percent (100%) of the annual value (excluding option years not exercised) of the IDIQ contract. If the cumulative value of all active Task Orders exceeds the annual value, at any one given time, the Contractor shall furnish additional performance bonding to reflect increased value of cumulative active Task Orders. This requirement also applies to any options exercised by the Government. Any bonds will be furnished by the Contractor to the Government prior to commencement of contract performance.

(b) Payment Bonds. The penal sum of the Payment Bond shall equal one hundred percent (100%) of the annual value (excluding option years not exercised) of the Indefinitely Delivery, Indefinite Quantity contract. If the cumulative value of all active Task Orders exceeds the annual value, at any one given time, the Contractor shall furnish additional performance bonding to reflect increased value of cumulative active Task Orders. This requirement also applies to any options exercised by the Government. Any bonds will be furnished by the Contractor to the Government prior to commencement of contract performance.

H-2 PERFORMANCE AND PAYMENT BONDS (CONSTRUCTION)

Pursuant to FAR clause 52.228-15, Performance and Payment Bonds, the contractor shall submit its performance and payment bonds no later than 10-days after award of the contract. The Contractor shall furnish two bonds each with surety or sureties acceptable to the Government in the form of a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bonds shall be as follows:

(a) Performance Bond. The penal sum of the Performance Bond shall equal one hundred percent (100%) of the value of the contract. Any bonds will be furnished by the Contractor to the Government prior to commencement of contract performance.

(b) Payment Bonds. The penal sum of the Payment Bond shall equal one hundred percent (100%) of the value of the contract. Any bonds will be furnished by the Contractor to the Government prior to commencement of contract performance.

H-3 CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS

(POLLUTION PREVENTION AND RIGHT- TO KNOW INFORMATION)

(a) In addition to the requirements in FAR 52.223-5, contractors shall provide a list of toxic and hazardous chemicals to the 1 SOCES Environmental Program Manager, 850-884-7964 before bringing any material onto the facility. This list shall consist of the material name, manufacturer name and address, quantity and size of the materials. This list may be in Microsoft Word or Excel. Updates of this list shall be submitted quarterly to the above office.

(b) The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility environmental management system (EMS) applicable for your contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility EMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or no Pre-testing of Fire Alarm and suppression noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the EMS Site Coordinator, 850-884-2396. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.

(c) All on-site contractor personnel shall complete facility sponsored environmental training specific to the facility. The facility training will take approximately thirty minutes to accomplish. The training must be completed within 90 days of the contractor employee being work on the installation. The method of training can be video or my seminar presentations. Schedule training by contacting 850-884-7964.

H-4 CONSTRUCTION PERMITS

In accordance with (IAW) FAR 52.236-7, the Contractor shall obtain a construction permit for any construction work on Hurlburt Field. An AF Form 103 "Base Civil Engineering Work Clearance Request" must be submitted with all required signatures, to the Contract Inspector prior to beginning of performance on the job site. No work shall begin until approval of the AF Form 103 has been granted.

H-5 DAILY REPORT TO INSPECTOR

(a) The Contractor shall submit a Daily Report to 1 SOCES inspectors. The report shall include weather conditions, work accomplished, test accomplished, test reports, delays and discrepancies. Reports should also include photographs of the site as necessary to document progress and any differing site conditions as necessary. Documentation of any differing site condition in a daily report does not relieve the Contractor of its responsibility to report any differing site condition to the Contracting Officer pursuant to FAR clause 52.236-2, Differing Site Conditions.

(b) The contractor shall coordinate submission dates and times with the inspector.

H-6 Not Used.

H-7 HAZARDOUS WASTE REMOVAL

The Contractor shall dispose of all hazardous waste in accordance with all applicable local, federal and state environmental laws and regulations, including but not limited to 40 CFR 260-268, Hazardous Waste Management, and Rule 17-30 Florida Administrative Code. The Contractor shall assume the responsibility of determining what constitutes "hazardous waste" and complying with all environmental laws and regulations governing its removal.

H-8 HURRICANE SEASON

Hurricane season for the state of Florida is normally the period from 01 June through 30 November. During an actual hurricane, tropical storm or tropical depression condition, you may be contacted by the contracting office and requested to secure equipment, clean up your work area and properly protect stored materials. In accordance with the contract clause FAR 52.236-9, "Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements" and FAR 52.236-12 "Cleaning Up," you should keep this in mind and maintain your work area free from debris and in a safe and secure condition at the completion of each work day. A duty is imposed on the Contractor to monitor local weather conditions, weather bulletins and base closure information in the local media. The Contractor must contact the Contract Administrator with a report of conditions adversely affecting the construction site.

H-9 IMPLEMENTATION OF WARRANTY OF CONSTRUCTION

(a) Any manufacturer's guarantees which extend beyond or in addition to the normal one year guaranty required by contract clause FAR 52.246-21 shall be furnished to the Government in their entirety, including names of vendors responsible for servicing said warranties.

(b) The following paragraph is applicable if this contract requires any painting whatsoever: If painted surfaces blister, peel, scale, become loose, effloresce, chalk, mildew, or otherwise show defective paint surfaces, the Government shall notify the Contractor in writing within a reasonable time after discovery. The Contractor shall prepare, prime, and repaint those surfaces in accordance with applicable paragraphs of the contract. Repainting shall be carried to natural stopping points such as corners, offsets, points of change of masonry to wood trim, and upward to eaves or ceilings, and downward to ground or floor level, in order that the entire wall will have an even texture. Where the surface to be repainted is a wood surface, the repainting shall be applied to the entire wood surface up to the edge of trim or to eaves, as applicable, in order that the repainted surface shall have an even texture. The contractor shall save harmless the Government against any and all liability and compensate private individuals for damage to their personal property caused directly or indirectly by negligent conduct including over spraying but not limited thereto. Furthermore, the Contractor shall post warning signs within the area where paint is being applied which gives notice that no party should park within the danger area. The location, size and lettering of the signs shall be as approved by the Contracting Officer.

(c) The above stated painting requirement and its effective period will be subject to the provisions of the Warranty of Construction as set forth in FAR 52.246-21.

(d) Prior to final acceptance of the work covered by this contract, the Contractor shall furnish in writing to the Contracting Officer a list of all items of equipment furnished. This list will include:

(1) Nomenclature of each item, type or serial number, and the name and address of the manufacturer;

(2) Cost;

(3) Period of guarantee; name, telephone number and address of the subcontractor or supplier; and name, telephone number and address of the service agency that will be responsible for service in event of failure or malfunction. This list will be accompanied by applicable guarantee documents.

(e) To prevent delays and inconveniences to the Government and to insure that equipment will be promptly serviced, the contractor shall make service arrangements with agencies located in the vicinity of the contract work.

(f) The Contracting Officer will furnish the prime Contractor the name of the office that will represent the Government regarding guarantee conditions hereunder.

(g) The Contractor, at its expense, shall furnish and affix a decal or tag, as may be directed, to each piece of equipment covered by guarantee. The decal or tag will indicate the serial number of the equipment, guarantee period, contract number and name of Contractor. Such decal or tag shall be affixed where directed by the Contracting Officer.

H-10 INSPECTION AND SURVEILLANCE

The Director, Civil Engineering, Hurlburt Field, Florida, is designated as the representative of the Contracting Officer for the purpose of surveillance and inspection of performance of work under this contract. This designation does not include authority to direct or authorize the Contractor to make changes in the scope or terms of the contract without the written authority of the Contracting Officer. The contractor shall notify the project Inspector and Contracting Officer at least 24 hours in advance of the date work will commence under this contract; contractor shall also notify that office at earliest possible time of anticipated absence(s) from the job site.

H-11 INSURANCE CLAUSE IMPLEMENTATION

The Contractor shall obtain and maintain the minimum kinds and amounts of insurance during performance of this contract as specified in FAR Sub Part 28.3. The Contractor, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to the performance under this contract. The Contractor will have the option to complete a form entitled “Notification of Compliance with Contract Insurance Requirements” that will be provided by the Government at the time of award, or submit an insurance certificate before any work commences on the installation.

a. Workman’s Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a state which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such state will be satisfactory. The required Workmen’s compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational diseases with a minimum liability of $100,000.00

b. General Liability Insurance. Bodily injury liability Insurance, in the minimum limits of $500,000.00 per occurrence shall be required on the comprehensive form of policy.

c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobile used in connection with the performance of the contract. At least the minimum limits of $200,000.00 per person and $500,000.00 per occurrence for bodily injury and $20,00 per occurrence for property damage shall be required.

H-12 MEDICAL INFORMATION

The name of the Contractor's physician(s) and preferred hospital (for use in the event of industrial injury of employees) shall be posted by the Contractor at the site of the work in a prominent place where it can easily be seen by the workers.

H-13 ON-BASE PERFORMANCE

(a) Work on this project shall be accomplished during normal hours, which are 7:00 AM to 4:30 PM, Monday through Friday, except legal holidays. Any work desired to be accomplished during other than the normal hours will require prior approval of the Contracting Officer. The Contractor must submit a written request to the Contracting Officer.

(b) The Contractor's performance may be interrupted from time to time because of high priority mission schedules. For each calendar day and/or portion of a calendar day that the contractor is removed from the job site, the contract schedule will be adjusted by one (1) calendar day.

(c) If a building remains occupied throughout construction, special provisions apply as follows: To be disclosed at pre-solicitation site-visit or as directed by CE representative.

H-14 SALVAGE MATERIALS

(a) All items of Government property indicated on the drawings or in the specifications to be removed and disposed of by the contractor shall become the property of the contractor and shall be removed promptly from Hurlburt Field and legally disposed of.

(b) Contractors are encouraged to recycle salvage materials when possible. Contact the Recycling Center, 850- 884-7577, for assistance.

H-15 SUPERINTENDENT

Upon notification of award, the Prime Contractor shall identify a superintendent and alternate for this contract and job site. The full name and contact information shall be provided for security purposes of each such employee. The Prime Contractor's superintendent and/or alternate shall be accountable for all individuals allowed onto the installation. The likelihood of a potential employee meeting all security requirements and being granted authorization to access the base should be considered in all hiring and subcontracting decisions.

The U.S. Air Force will not be responsible or liable for any costs or delays that a contractor incurs due to a contractor's employee being denied access to Hurlburt Field. The Superintendent and/or alternate shall be responsible for collecting badges/PVC cards from all employees upon completion of the project/contract or termination of service. Prior to final payment approval, the Superintendent shall provide a company letter stating that all access badges issued in the performance of this contract have been properly turned into the Security Forces Squadron (SFS). This letter must have some type of validation from the 1 SOSFS badging office employee either by stamp or signature.

H-16 UTILITIES

The Contracting Officer shall specify whether electric and water utilities will be available for contractor use.

H-17 UTILITY OUTAGES

Contractor shall notify the Contracting Officer's Representative (COR) in writing two weeks prior to any utility outage Anticipated during the performance of this contract.

H-18 VERIFICATION OF UTILITY LINES

Once utility lines are flagged or spotted by the proper approving utilities authority, it is the Contractor's responsibility to verify the utility location and depth. The Contractor will be responsible for repairing any broken lines that might occur during the digging process. See clause H-22 for special procedures and requirements for repairs of communications cyber infrastructure repair procedures.

H-19 – NOT USED

H-20 WEATHER DELAYS

The Anticipated Normal Weather Delay Schedule shown below is developed by month for this geographic location using National Oceanic and Atmospheric Administration (NOAA) and similar Weather Averaging System data for the project's general location. The Government has included additional time in the allowed performance period using this data. (The basic performance period allows seven calendar days for every five-day working days assuming based on working Monday through Friday. The contractor's progress schedule must take these anticipated adverse weather delays into account in all Weather dependent activities to ensure timely completion of the job.

MONTHLY ANITCIPATED ADVERSE WEATHER DELAY WORKDAYS BASED ON A 5-DAY WORK

WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

5 5 5 3 3 5 8 6 5 3 4 5

Upon acknowledgement of Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on Daily Reports, the occurrence of adverse weather and resultant impact to normally scheduled work.

Actual adverse weather delay days must prevent work on critical activities for fifty percent or more of the Contractor's scheduled workday and must cause a delay in the work activities critical to contract completion. In order to obtain relief from contract schedule requirements, the Contractor will have to demonstrate not only that the anticipated amount of weather delay was exceeded by actual weather interruption, but also that reasonable efforts were made to compensate for such excess interruptions through changes in work hours, changes in the planned sequence of work, increased concurrent activities, or other available measures.

Contemporaneous documentation of such efforts and prompt coordination thereof with government inspectors is encouraged (see below). In the event that all reasonable effort to complete the required performance on schedule fails and it is determined that excessive inclement weather was the cause of that failure, the Contractor may request extension of the project performance period for any weather delays suffered because of adverse weather beyond the number day indicated on the chart. The number of workdays of delay added to the schedule shall be converted to calendar days by adding the appropriate number of weekend days associated with that number of workdays.

(a) Adverse weather days will not be granted for other than normal workdays that the Contractor requested to work solely for the Contractor's convenience to meet the contract performance period.

(b) Any extensions to the contract because of change orders will have the normal adverse weather days figured into the extension period.

(c) If the contract dictates an alternate performance period other than a normal Monday through Friday five-day workweek, an extension will be considered based on the contract requirement for a workday.

Upon the request of the Contractor made within one workweek after the relevant events, the government inspector will review the Contractor's documentation of weather delays and circumstances relevant to the availability of work around and promptly confirm or dispute the Contractor's conclusions in writing to the Contractor and the Contracting Officer. If the Contractor requests an adjustment to the contract schedule based on the government inspector's review, the contractor shall notify the Contracting Officer in writing and provide relevant information and recommendations regarding the request. The Contracting Officer shall determine whether the request should be promptly granted, deferred pending determination of cumulative weather effects during the contract performance period, denied, or some combination thereof. The reason for any deferral or denial will be simultaneously communicated to the Contractor in writing. The findings of the Contracting Officer shall be final and conclusive subject to appeal under the Disputes clause. Upon any extension, the Contractor shall immediately submit to the Contracting Officer a revised progress schedule to meet the revised performance period.

H-21 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (IAW AFFARS 5352.242-9000) a.

The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished identification badges while visiting or performing work on the installation.

b. Contractors will be required to complete a Contractor Employee Listing (to be provided at the preperformance conference) for employees to gain access to the installation: (i) The Contractor Employee List. This form must list every employee requiring access. Every time employees change; it must be updated to reflect additions and/or deletions. Identify those individuals you wish to have escort authority by including the word "escort" or "E" next to their names. Limit the number of individuals designated as escorts to a reasonable number (i.e., one or two). For work locations, please use building numbers or areas (i.e., Bldg.

90618 or Red Horse, AMMO Area, etc.). Once completed, send the list to the Contracting Office representative in EXCEL format using secure means such as hand carry, mail, or DoD SAFE (Secure Access File Exchange) referenced below. The Contracting Officer will then prepare and attach a cover letter and forward the Employee List to the Visitor Control Center.

c. During the performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

d. When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, citing the appropriate paragraphs as applicable.

e. Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. f. Failure to comply with these requirements may result in withholding final payment.

H-22 PROTECTION FOR PERSONALLY IDENTIFIABLE INFORMATION (PII) ON ELECTRONIC

MEDIA:

1. Protecting sensitive PII is everyone's responsibility. Sensitive PII is defined as personal information, which if lost, compromised, or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. a. Some information, standing alone, is sensitive PII, such as: social security number in any form (including the 'last four'), alien registration number, biometric information, and financial account numbers. b. Some information is sensitive PII when grouped with the person's name or other unique identifiers (like an address or phone number), such as: driver's license number, medical information, citizenship or immigration status, passport number, full date of birth, and authentication information, such as mother's maiden name, place of birth, or phone passwords.

2. Contractors shall: a. Encrypt all e-mails containing sensitive PII sent to or from an unclassified e-mail account; b.

When encrypted e-mail is not feasible, but electronic transmission of sensitive PII is operationally required, will use a DoD-approved file exchange, such as the DoD Safe Access File Exchange, which can be found at https://safe.apps.mil, c. Not send sensitive PII to any person who does not have an official need for such information, and d. Not post or place sensitive PII on social media, share drives, SharePoint sites, or other similar collaborative environments, unless required for daily operation and the drive or site is password-protected or has other similar robust access controls which limit access only to persons who have an official need for such information.

3. These rules apply to any contractor doing business with Hurlburt Field.

4. Failure to comply with these rules may result in termination and/or debarment.

H-23 VALID ID: All personnel requesting access to Hurlburt Field must possess a valid State or Government picture identification card. Furthermore, individuals presenting identification cards from a state that is non-compliant with the REAL ID Act will require additional documentation to gain base access. Additional documentation includes a valid U.S. or foreign government issued passport, an employment authorization document that contains a photograph, or identification cards issued by federal state or local government agencies that include a photo and biographic information. A full list of REAL ID Act compliant and non-complaint states can be found at https://www.dhs.gov/real-id. Personnel requesting vehicle access to Hurlburt Field must provide a valid driver's license, current vehicle registration, and valid vehicle insurance.

H-24 - PAYMENT INFORMATION

(a) Payment terms are Net 14. There are no payment discount terms for this award.

(b) For customary progress payments based on work completed, contractor is to submit a progress report (AF 3065) to the Contracting Officer for review / approval.

(c) Following receipt of approved / signed progress report (AF 3065), contractor is submitting an invoice via electronic means utilizing the WAWF system subject to DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions.