B08_Solicitation_140A1622R0021_Section_J_Attch_1_SOW.docx

DEPARTMENT OF THE INTERIOR

STATEMENT OF WORK (SOW)

CONSTRUCTION MULTIPLE AWARD CONTRACT (C-MAC)

CURRENT AS OF MAY 31, 2022

Table of Contents

SECTION 1 – SCOPE OF WORK - GENERAL

The requirements provided below are general in nature and will be refined for each specific task order. If there is a conflict between the requirements contained here and specification for the work being ordered, the specification for the work being ordered shall prevail.

1.1 SCOPE OF WORK

Work under this multiple award contract will encompass a wide range of design/build and design/bid/build projects that include but are not limited to: new construction; offsite design build construction; offsite construction (modular construction); demolition, repair, alteration, and renovation of buildings; systems and infrastructure; and, may include civil, structural, mechanical, electrical, fire protection, and communication systems. Types of facilities to be constructed include but are not limited to: educational, detention, medical, administrative, industrial, operational, maintenance, warehouses, communications, personnel support, recreation, lodging, dormitory, training, ranges, and roads. The selected contractors shall be responsible for all labor, supervision, engineering, design, materials, equipment, tools, parts, supplies, and transportation to perform the services described in the drawings and specifications for each individual project. Work may be located across the Continental United States and Indian Country.

Site specific work will be required, similar but not limited to utilities site distribution systems, domestic water treatment facilities, sewage treatment, water storage and distribution. Renovation services could include minor renovation, major systems replacement, energy efficiency upgrades and hazardous material abatement. Some Task Orders which require design and construction may require stamped drawings or sketches to describe the new construction. In addition, the contractor shall be responsible for obtaining all necessary permits.

This contract is intended to provide prompt services on an as needed basis at minimum administrative costs and to assume that the work will be performed in an expeditious and efficient manner within the budgetary limitations and performance time established for each task order. The contractor may be required to visit the proposed work site to establish, clarify, and define the scope of work of the individual requirement to prepare a detailed price proposal. Proposal due dates shall be identified in each Task Order Request for Proposal (TORFP). Task Orders shall include all supervision, materials, labor, equipment, transportation, and disposal required to perform the work described in each Task Order SOW.

Off-Site Construction is considered a preferred method of construction when time or cost savings is of particular importance. Off-site Construction is defined as the process of assembling pieces of a facility in a factory setting separate from the construction site to eventually be assembled on- site. Acceptability of this method will be specifically addressed within each TORFP that applies.

Task Orders may include the construction and installation of portable classrooms or offices. These standalone modular buildings are sited at locations with the ability to be moved to other locations if necessary. Task Orders may also include provision of temporary facilities or "swing space" for continued operations during construction. Relocation support from the existing facility to "swing space" and relocation support from "swing space" to the new or renovated facility may be required.

This SOW generally describes all work to be ordered under the multiple award contract. A project specific SOW and other requirement documents will be issued for pricing prior to placement of a Task Order. Recognizing there may substantive differences in state and local requirements for each project, the specifications for each task will be included with the TORFP.

1.2 APPLICABLE PUBLICATIONS

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

(a) ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS:

16 CFR 1303 Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead-Containing Paint

40 CFR 61 National Emission Standards for Asbestos

40 CFR 204 Noise Abatement Program for Construction Equipment

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 263 Standards Applicable to Transporters of Hazardous Waste

40 CFR 268 Land Disposal Restrictions

40 CFR 761 Polychlorinated Biphenyls (PCB) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions

(b) U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) REGULATIONS:

29 CFR 1926.62 Lead

29 CFR 1926.1101 Asbestos

(c) U. S. DEPARTMENT OF TRANSPORTATION REGULATIONS:

49 CFR 100-199 Hazardous Materials Transportation, Handling, and Storage Regulations

(d) Prevailing Codes and Standards:

BIA Adult Detention Facilities Standards BIA School Facilities Design Handbook BIA School Facilities Space Templets

(e) Occupational Safety and Health Administration (OSHA) Compliance. All operations, new construction, major alterations and improvements, minor remodeling and workplace sites shall comply with all occupational safety and health standards issued under Section 6 of the Occupational Safety and Health Act of 1970, as amended, or alternate standards issued pursuant to this part.

(f) Fire and Fire Safety. All workplace sites and operations must be classified according to occupancy and/or use shall conform to the National Fire Codes, IA policy and Topic 27, Structural Fire Program of the BIA Safety and Health Handbook for Field Operations.

(g) Accommodations for People with Disabilities. All workplaces must be in accordance with 36 CFR, Part 1191, Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines ( ADAABAAG), as prepared by the U. S. Access Board, as well as Section 504 of the Rehabilitation Act of 1973, as amended in 1978, which generally requires that IA programs do not discriminate against physically impaired persons, apply.

The DOI Civil Rights Directive 2006-02, issued January 5, 2005, requires all new construction, major alterations, and improvements be in accordance with the ADAABAAG. Per 25 U.S.C. § 2005, all facilities connected with the education of Indian children must follow ADAABAAG’s ADA Chapter 2: Scoping Requirements. Additionally, Chapters 3 through 10 (Technical Requirements), as referenced by ADA Scoping Chapter 2, are to be applied also.

In addition to standard ‘adult’ (more than 12 years old) accessibility requirements, ‘child’ (12 years old and younger) accessibility is to be provided in school facilities using ADAABAAG children guidance, applied in accordance with any indicated age groupings.

(h) Building Safety Code. All buildings, structures and facilities shall be designed and constructed in accordance with the current edition of NFPA 5000 – Building Construction and Safety Code©, as published by the National Fire Protection Association.

(i) Boiler/Pressure Vessels. The fabrication and installation of all new boiler and unfired pressure vessels shall conform in all respects to the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code and shall be marked with appropriate ASME Code symbols. The repair, alterations or re-rating of all existing units shall conform to the National Board Inspection Code and shall be marked with appropriate code symbols. In each situation a Qualified Boiler Inspector shall inspect the final product.

(j) Elevators. All passenger and freight elevators, dumbwaiters, escalators, and moving sidewalks must conform to the ASME American National Standard Safety Code for Elevators and Escalators (ASME A17.1/CSA Handbook) and applicable accessibility standards.

All platform lifts must comply with the ASME Standard Safety Standard for Platform Lifts and Stairway Chairlifts (ASME A18.1) and applicable accessibility standards.

(k) Piping. Boiler/Pressure Vessel external piping and piping installations shall conform to American National Standards Institute (ANSI) B31.1, American National Standard, Power Piping, ASME Boiler and Pressure Vessel Code, Section I - Power Boilers; Section IV - Heating Boilers and Section VIII - Pressure Vessels - Division I. The piping or associated mechanical system shall not be operated unless that part of the system has been inspected and approved by a Qualified Boiler Inspector. Other fuel piping, steam and water piping, air piping and their respective installations shall conform to applicable sections of the Uniform Plumbing Code and the Uniform Mechanical Code.

(l) Mechanical Systems.

(1) Liquefied Petroleum Gas. Liquefied petroleum gas heating systems and distribution facilities shall conform to NFPA No. 58 and 86.

(2) Natural Gas. Natural gas systems shall comply with NFPA No. 54 and 86.

(3) Oil. Oil burning system installations shall conform to NFPA No. 31 and 86.

(4) Electrical. Electrical heating and cooling systems shall be installed in accordance with the National Electrical Code (NFPA No. 70). Specific equipment shall be Laboratory (UL) listed or labeled.

(5) Solar. Solar installations shall be installed in accordance with the Uniform Solar Code and the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standards.

(6) Cooling and Ventilation. Air-Conditioning and Ventilation systems shall conform to the Uniform Mechanical Code and NFPA No. 90A.

(7) Electrical. Electrical power transmission, distribution and installation shall comply with the National Electrical Code (NFPA No. 70) and the National Electrical Safety Code.

(m) Environmental Quality.

(1) Food Service. All new construction, major alterations and improvements, minor remodeling and operation of food service facilities shall conform to the guidelines set forth in the latest edition of the Food and Drug Administration (FDA) Food Code.

(2) Sanitation Facilities. All new construction, major alterations and improvements and minor remodeling of sanitation facilities shall conform to the following guidelines:

(i) Liquid Waste: Applicable parts of 40 CFR, Protection of Environment, and 29 CFR 1910, Occupational Safety and Health Standards (OSHA).

(ii) Solid Waste: Applicable parts of 40 CFR, Protection of the Environment.

(3) Water Facilities. All new construction, major alterations and improvements and minor remodeling of domestic water facilities shall conform to 40 CFR, Protection of the Environment, and 29 CFR 1910 (OSHA).

(4) Illumination. All new construction, major alterations and improvements and minor remodeling shall provide facilities which conform to Illuminating Engineering Society Standards and Regulations on Illumination.

(5) Heating, Ventilation and Air Conditioning (HVAC). All new construction, major alterations and improvements and minor remodeling of facilities shall conform to minimum requirements given in the Uniform Mechanical Code, NFPA No. 90B and ASHRAE Standards.

(6) Pest, Vector and Vermin Control. All new construction, major alterations and improvements and minor remodeling shall provide facilities which conform to regulations on pest, vector and vermin control included in 29 CFR, Protection of Environment, Parts 162, 163, 165, 170 and those provisions outlined in the FDA Food Code.

(7) Plumbing. All plumbing installations, equipment and fixtures shall comply with the Uniform Plumbing Code. They shall be subject to periodic and final inspections to assure compliance. Code reference to the administrative authority refers to the Division of Safety and Risk Management.

1.3 CONTRACT TECHNICAL SPECIFICATIONS

The Technical Specifications to be utilized under this contract shall be identified at the task order level and shall conform to the Indian Affairs Adopted Codes and Standards. The Contractor is responsible to identify and comply with all applicable laws, codes, standards, including applicable federal, state, and local statutes.

Codes that must be adhered to include, but are not limited to:

Occupational Safety and Health Administration (OSHA) American National Standards Institute (ANSI) American Society of Mechanical Engineers (ASME) American Society of Testing and Materials (ASTM) American Petroleum Institute (API) Codes Americans with Disabilities Act (ADA) and Accessibility Guidelines for Buildings and Facilities; Architectural Barriers Act (ABA) Accessibility Guidelines (ADAABAAG) National Association of Corrosions Engineers (NACE) National Fire Protection Association (NFPA) Steel Structures and Painting Counsel (SSPC) National Board Inspection Code National Electrical Code (NEC) National Electrical Safety Code National Fire Code ( NFC) Building Construction and Safety Code (NFPA 5000) Uniform Mechanical Code (UMC Uniform Plumbing Code (UPC)

Bureau of Indian Affairs Office of Facilities Management and Construction, School Facilities Design Handbook dated 30 March 2007, and any other requirements for trade work being accomplished, including any/all changes and amendments in effect on the date of issuance of each Task Order and shall be adhered to during any work performed for the BIA/BIE for its educational facilities. In addition, the Contractor shall comply with Environmental Sampling or Testing requirements. Site specific documents shall be identified in each Task Order. These specifications may be further supplemented by the Government on a project-by-project basis as required with industry specifications, and result in no additional cost to the Government, provided that in the Government’s view the supplemental specification supports and does not conflict with or clearly exceed the work described.

1.4 WORK RESPONSIBILITY

The Contractor shall furnish all materials, equipment, and personnel necessary to manage and accomplish the work. The Contractor shall provide sufficient technical support and project management to assure quality, accuracy of estimates, accommodate a number of concurrent “active” projects, provide flexibility of design staff and subcontractor pool to handle rapid increases in work volume, perform according to schedule (including completion on time), and process submittals and payrolls in a timely manner. Additionally, the Government will rely on the Contractor’s expertise in recognizing and addressing problematic issues and successful execution of each Task Order. Under the C-MAC program, it is the Government’s clear expectation that projects executed against this contract shall exhibit superior quality, responsiveness, and customer service.

The Contractor's work responsibility shall include all contractor planning, programming, administration, coordination, and management necessary to provide all work as specified. The work shall be conducted by the Contractor in strict accordance with the contract and all applicable Federal, State, and local laws, regulations, codes, or directives. The Contractor shall ensure that all work provided meets or exceeds critical reliability rates or tolerances specified or included in applicable documents. The Contractor shall provide related services such as pre-award project development, project management, quality control (QC), preparation, review, and submission of required deliverables, environmental permits, and other administrative work required to satisfy the requirements specified under this contract and each Task Order issued.

1.5 RESPONSE TIMES

The contractor shall respond to emergency work requests within 4 hours and urgent work requests within 24 hours. Emergency work represents immediate danger including loss of life, limb, or large-scale facility damage. The contractor shall respond to emergency work requests with licensed personnel capable to respond and mitigate the emergency work within 8 hours of the request. Examples include, water main breaks, electrical emergencies, etc. Urgent work requests are of a lesser severity and risk of loss but still require an urgent response to be mitigated. Examples include, water leaks, dormitory HVAC unit outage during summer months, electrical outage, etc.

In emergency and urgent situations, the Contracting Officer (CO) may place oral orders with the Contractor and authorize the Contractor to proceed without written order. In such cases, the Contractor shall mobilize and mitigate or execute the work effort(s) required and not perform work beyond that which has been verbally authorized. The CO will make every attempt to provide, in writing, as soon as feasible the minimal terms and conditions of the task order until which time a written order can be negotiated between the two parties.

1.6 CONTRACTOR SUPERVISION REQUIREMENTS

The Contractor shall provide all supervision for work performed by Contractor personnel. The Government will not exercise any supervision or control over Contractor employees or sub-contractors performing work under the contract. The Contractor, in turn, shall be accountable to the Government for their employees and sub-contractors. The Contract Manager, or designated representative, shall be responsible for ensuring that required supervision of Contractor & sub-contractor personnel will be provided for all work performed under this contract, at all locations.

1.7 IDENTIFICATION OF KEY PERSONNEL TO THE GOVERNMENT

Task Orders may identify key personnel. Key personnel shall not be removed/changed for a project without prior approval from the government. Notice of key personnel changes shall be provided to the CO for approval 10 calendar days prior to the start date along with qualifications and references. Qualifications of key personnel will be compared against qualification standards for their respective position and against the proposed/current key personnel in that position. The Government has the right to reject the Contractor’s choice of individual personnel for failure to meet the qualification standards or provide the same or similar level of expertise as the proposed/current personnel. This procedure shall be repeated anytime the Contractor replaces any member of their key personnel.

1.7.1 PROGRAM MANAGER

The Contractor shall appoint an overall Program Manager dedicated to the IDIQ contract. The Program Manager shall provide overall management coordination of all contractor operations and shall be the central point of contact (POC) with the Government for issues affecting the IDIQ contract and all Task Orders.

1.7.2 PROJECT MANAGER

The Contractor shall appoint a Project Manager dedicated to each Task Order contract. The Project Manager shall provide overall management coordination of all contractor operations and shall be the central point of contact (POC) with the Government for performance of all work under a Task Order. The Project Manager and any individual(s) designated to act for him shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to the Contractor's administration of the task order. Individual(s) shall be designated by letter to act for the Project Manager when work is being performed at hours other than normal duty hours or during the Project Manager’s absence. The Program Manager and Project Manager may be the same individual.

1.7.3 SITE SUPERINTENDENT(S)

The Site Superintendent(s) shall have overall responsibility for the control and coordination of all work performed by onsite personnel performing under a Task Order. The Site Superintendent shall act as the single point of contact for all information regarding project updates and status information. This shall be done through weekly status updates and monthly progress reports.

1.7.4 QUALITY CONTROL MANAGER (QCM)

All necessary measures must be taken by the Contractor to assure the quality of the end product meets drawings, specifications, designs, and other quality standards including workmanship. The Contractor shall develop and implement procedures to identify and ensure compliance throughout the Task Order’s period of performance and any warrantee periods. The QCM must be an independent function reporting directly to the Project Manager and NOT perform work efforts within the same Task Order of which they are the QCM. In those cases which the Government requests QCM support, the Government will specify the QCM requirement in the TORFP. The Government retains the right to reject, collaborate, and require modifications, if in the opinion of the CO, the Quality Control Plan (QCP) requires any update or modification.

1.7.5 LICENSED/CERTIFIED PERSONNEL

The Contractor shall be wholly responsible for providing contract personnel and subcontractors who are licensed and certified in accordance with federal, state, and local codes for applicable trades and positions. The Contractor shall provide a copy of any employee (including any subcontractor) license or certification for individuals performing under a Task Order within 4 hours of request. Task Orders may also require this information as a submittal. Additionally, licensed/certified personnel shall be well qualified and otherwise trained to perform the required work and supplied in sufficient number to successfully execute all contract requirements according to the Task Order’s period of performance (PoP).

Should the personnel or subcontractors provided by the Contractor prove to be incapable of performing work satisfactory to the Government, the Government will require that such personnel or subcontractors be immediately removed from performing work under this contract, and that any defective work performed be immediately replaced at no additional cost to the Government. Such action by the Government will not provide grounds for extension of performance periods for affected orders.

1.7.6 CONTRACTOR EXPERIENCE/SKILL

Only personnel who are competent, qualified, and have demonstrated experience in applying accepted engineering or trade practices for the type of work for which they are to be employed on this contract shall be used. The Government reserves the right to require written verification of personnel qualifications from the Contractor or their subcontractors. All field work shall be done to journeyman-level standards; work failing to meet this standard as determined at the discretion of the Government’s CO shall be re-performed at no additional cost to the Government.

1.8 CONTRACTOR QUALITY CONTROL (QC) SYSTEM

The Contractor shall provide and maintain an effective QC System and shall ensure that all work performed under the contract conforms to contract requirements. The Contractor shall develop and implement procedures to ensure compliance throughout work performed. The Contractor is required to submit a Quality Control Plan (QCP) for any project requiring a QCP as requested in the TORFP. If required, the Contractor is to deliver a comprehensive, written QCP with their proposal and shall include as a minimum: the inspection type, frequency, Preparatory, Initial, and Follow-up Inspections, and reporting techniques for those areas that are most critical to the quality of the end product.

The Contractor shall perform independent inspections and/or tests required to substantiate that work and materials conform to the specifications in the contract. The Contractor shall also perform inspections and tests otherwise required by the contract unless the required inspections or tests are specifically designated to be performed by the Government. Failure of the Contractor to ensure the quality of work performed or the documentation developed as required by this contract will be a consideration of the Government when determining termination actions. The Contractor's inspection system shall be documented as part of their QCP. Changes to the QC system shall not be made without the approval of the CO.

1.8.1 FILES AND REPORTS

The Contractor shall maintain a file of all QC inspections and tests conducted by the Contractor to include any corrective actions taken. These files shall be retained for a minimum of 5 years after the work is performed or 5 years after expiration of any warrantees associated with the equipment, workmanship, or other guarantees provided to the Government whether express or implied; whichever comes later. This file shall be delivered /redelivered upon request by the Government.

1.8.2 WORK BY THE GOVERNMENT

The Contracting Officer’s Representative (COR) shall evaluate and monitor work for quality and timeliness and to ensure the Contractor is adhering to the referenced standards, codes, and practices. At a minimum, the COR will verbally provide the Contractor an assessment of the services being rendered based on personal observation and other Government feedback. The COR may employ any of the following inspection methods to conduct evaluations of the services provided.

· Periodic review of Contractor’s work

· Random inspection of ongoing actions

· Review of Contractor’s QC certification statements

· Tests or validations of licensed or certified work efforts

· Job site review of employee compensation

· Other inspection types/methods.

The Government reserves the right to undertake performance by Government forces or other Contractors, the same type or similar work as contracted for herein, as the Government deems necessary or desirable at its discretion, and to do so will not breach or otherwise violate this contract in accordance with FAR 52.242-14, Suspension of Work and/or 52.249-10. Default (Fixed-Price Construction).

1.9 SAFETY

The contractor shall follow the most current version of NFPA 70E under this contract and conform to the safety requirements established by the Occupational Safety and Health Administration (OSHA). The Contractor shall furnish all required personal protective equipment (PPE).

The Contractor shall safeguard and maintain all government property as well as provide for the safety and well-being of personnel employed in the execution of this contract. The contractor shall develop and implement an overall safety program for employees performing work under task orders. The contractor shall submit the documented safety program also called a Site Safety Plan, which includes a corresponding site safety checklist, to the CO 30 calendar days prior to the start of contract performance for any awarded task order. Further requirements for the safety program are addressed in section 4.2 of this SOW. Specific requirements will be included in each task order SOW. As part of the safety program, the Contractor shall designate a Site Safety and Health Officer (SSHO). Any proposed revisions shall be submitted and approved by the CO prior to being implemented.

Failure to conduct operations under this contract in a manner consistent with the prescribed safety requirements may result in immediate orders to Stop Work until the safety violation is corrected. Costs associated with work stoppages due to unsafe construction practices by the Contractor or their subcontractors shall be assumed by the Contractor, at no additional cost to the Government.

1.9.1 EMERGENCY PROCEDURES

Contractor employees shall follow the direction of Government employees regarding emergency procedures, e.g., fire, tornado, active shooter, bomb threats, etc. It is the responsibility of the contractor to provide guidance and establish procedures for responding to an emergency for their employees. It is the Contractor’s responsibility to account for their employees following an emergency evacuation and communicate the results to either the COR or CO. Contractor personnel shall participate with Government personnel in all fire and tornado drills at no additional costs to the Government.

1.9.2 CONTRACTOR RESPONSIBILITY

The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work and shall hold the Government harmless for any action of their company, employees, or subcontractors, which results in illness, injury, or death. Contractors are required to report timely, any accidents and injuries to the COR and CO.

1.9.3 EQUIPMENT

Equipment shall be always maintained in a safe operating condition and a fire safe condition. Equipment shall be stored in the areas designated by the Government. Contractor shall secure vehicles and mobile equipment when not in use by removing the keys from key operated ignition or by other physical means. The Contractor shall ensure that all personnel engaged in work under this contract are provided and use appropriate personal protective equipment (e.g., ear plugs/muffs, safety glasses, steel-toed boots, hard hats, etc.).

1.9.4 SAFETY & FIRE PREVENTION TRAINING

All Contractor personnel shall receive a safety and fire prevention briefing prior to conducting any Task Order work. The Contractor shall provide the contents of their briefing, their sign in roster, and notify the Government of the time and location of the Safety and Fire Prevention Training before it is conducted so Government personnel may attend, if necessary.

1.9.5 WORKSITE

Work sites shall be kept free of debris and materials which could cause injury to employees, students, or other visitors in the work area. Open excavation and other potential hazards shall be barricaded and/or fenced off to prevent injury and, when deemed advisable by the Government, signs shall be posted to warn of specific hazards.

1.9.6 ILLUMINATION

If night operations occur, the Contractor shall furnish all plant, equipment, and labor necessary to ensure adequate illumination. Adequate illumination as used herein shall be construed as the minimum lighting required to provide safe working conditions for Contractor and Government personnel wherever work on this contract is in progress. There shall be sufficient light to permit the work to be performed in accordance with the plans and specifications and to permit complete inspection of all work.

1.9.7 SEAT-BELT USE

The Contractor shall adopt and enforce an aggressive on-the-job seat belt policy for all employees when operating or riding in company-owned, rented or personally owned vehicles operated on federal property.

1.9.8 CONFINED SPACES ENTRY

Title 29 CFR 1910.146, OSHA (Confined Space Entry) sets forth the definitions of confined spaces and establishes responsibilities and procedures for protecting personnel that shall be entering, working in, and exiting confined spaces which the Contractor must adhere to. For any Task Order that requires confined space entry, the Contractor shall provide a Confined Space Entry Plan to the CO & COR for approval with their project-specific Safety Plan. The Confined Space Entry Plan shall be tailored for that project, and it shall meet the regulatory requirements of the references identified above. Included in this project-specific plan shall be certification that all Contractor employees entering the defined space have received Confined Space Entry training. Work under the affected order shall not commence until the Confined Space Entry Plan has been approved by the Government.

1.9.9 HAZARD COMMUNICATION

The Contractor shall identify to the COR any materials to be brought to a job site that have the potential to expose workers, occupants, and/or facilities to fire, explosion, or health hazards.

1.10 BACKGROUND INVESTIGATION

In accordance with 25 U.S.C. § 3201 et seq. (Pub. L. 101-630), the Indian Child Protection and Family Violence Prevention Act; 34 U.C.C. § 20351, et seq. (Pub. L. 101-647), the Crime Control Act of 1990, as amended; and 441 Departmental Manual, Personnel Security and Suitability Requirements, all positions with duties and responsibilities involving regular contact with or control over Indian children are subject to a background investigation and determination of suitability for employment. Accordingly, all such positions require a favorable background screening by the Bureau of Indian Education (BIE), Personnel Security and Suitability Program and a favorable background investigation by the Defense Counterintelligence Service Agency (DCSA). The documentation required to initiate a background investigation shall be completed for any Contractor employee that will be onsite during the contract’s performance or have access to Personally Identifiable Information (PII). The complete submittal of the background investigation paperwork to the BIA/BIE will be accomplished within 14 days after contract award for service contracts or, for construction contracts, before a Notice to Proceed (NTP) is issued by the CO. Pending the successful completion of a background investigation by the BIA/BIE and/or DCSA, the Contractor who has been granted a favorable screening (applicant and suitability) determination must, at all times, remain within sight and under the supervision of a Government employee (or other person designated by the Contracting Officer Representative (COR)), who has successfully completed the background investigation. If an unfavorable screening (applicant and suitability) determination is made, an employee shall not be allowed onsite. If the Contractor’s employees are found onsite, without the proper authorization, the employee will face legal liability and the Contractor may have their contract terminated for default. Additionally, the individual and/or the company who proposed to employ this individual may be determined to be non-responsible if an unfavorable screening (applicant and suitability) determination is made and may be deemed ineligible for contract award. If an unfavorable final background investigation determination is made, the contract may be terminated and the employee in question shall not be authorized to provide service to the BIA/BIE if the services involve contact with or regular control over Indian children. It is solely the COR’s responsibility to initiate background checks for all Contractors and their employees in the BIE BEARCUBS system, which includes but is not limited to appropriate investigative forms and/or inquiries about their previous investigation; and, obtain a screening (applicant and suitability) determination, and subsequent final background investigation.

The CO will consult with the COR when questions arise as to whether or not the Statement of Work of a contract requires background investigations for contractor personnel. If the CO or COR believes the Statement of Work performed by contract personnel should not require a background investigation, the Personnel Security Officer will be contacted for concurrence and has the final authority to determine if background investigation(s) are required.

1.11 SECURITY REQUIREMENTS

Contractor personnel shall adhere to the personnel security and background requirements in accordance with Federal, State, DOI, BIA, and BIE laws, regulations, and policies. All Contractor personnel shall comply with security regulations imposed by the affected installation and/or the agency occupying the space where work is to be performed. All personnel shall conform to all security regulations in effect during the contract period and shall be subject to checks deemed necessary to assure that no violations occur. No employee or representative will be permitted onsite if their presence is deemed to be a risk to the physical or operational security by the Government. The Contractor shall be responsible for providing positive identification of employees prior to beginning work each workday and throughout the day, as necessary to ensure a secure work environment. The Contractor shall notify the CO, COR, security office, or other Government personnel if unusual circumstances exist or if there is a security concern.

1.11.1 PHYSICAL SECURITY

The Contractor shall be responsible for safeguarding Government equipment, information, and property provided for Contractor use. Contractor shall adhere to BIE’s physical security requirements, policies, and wear the appropriate badges when performing work on Government property. Contractor personnel performing services within exclusion areas or other highly sensitive areas shall be escorted by a contractor personnel appropriately cleared and authorized at all times while in such areas.

1.11.2 KEY CONTROL

The Contractor shall ensure that no keys issued to the Contractor by the Government are lost, misplaced, or used by unauthorized persons. The Contractor shall not duplicate Government keys without CO approval. The Contractor shall:

Reimburse the Government for replacement of locks or re-keying required due to negligible loss of keys by the Contractor (as determined by the CO). In the event a master key is lost or found to have been duplicated by the Contractor without Government approval, all locks and keys for that system shall be replaced and the total cost charged against the Contractor.

Prohibit the use of Government-issued keys by any person other than authorized Contractor employees. The Contractor shall not permit entrance to locked areas to any person other than Contractor personnel engaged in performance of work in those areas without written authorization by the CO. The CO, the COR, and their designated representative(s) shall have access to any Contractor controlled point providing entry to any Government-owned property.

Unusual security requirements will be noted when applicable during the developmental phase of each individual order, but the Contractor shall also exercise care to prevent unauthorized intrusions by locking gates, closing, and locking doors and windows, and performing similar security awareness actions. In the event that a breach of security occurs notwithstanding the Contractor's efforts to prevent it, he shall immediately notify the local authorities having jurisdiction, reporting the occurrence, and explaining the nature of the violation. The COR and CO should be concurrently notified of the incident. If Government property is involved the Contractor shall provide a copy of the police report to the COR and CO as soon as it’s available by the responding police department.

1.12 FACILITY CLOSINGS

When an unforeseen facility or campus closing occurs on a regularly scheduled workday due to Government emergency, the Contractor shall be required to reschedule all affected work to days and times acceptable to the Government. When the Government can provide notice of the unforeseen closing the day prior to the affected workday(s), rescheduling effort shall be at no additional cost to the Government

1.13 PERMITS, FEES, AND LICENSES

All permits, licenses, taxes, payment of fines and penalties for noncompliance, and associated fees shall be the responsibility of the Contractor. Items covered by this requirement include, but are not limited to: Federal/state/city/local requirements for licensed or registered contractors to perform, the auxiliary compliance thereof, building permits, dig permits, hot work permits, waste and wastewater permits, fire suppression related permits, drainage permits, etc.

1.14 SALVAGEABLE AND REPAIRABLE MATERIALS

Material or equipment classified by the Government as salvageable shall remain the property of the Government and shall be stored or disposed of as specified in the individual order. Otherwise, all materials removed and not reused in the projects shall become the property of the Contractor and be their responsibility for lawful disposal. The Government will provide an inventory or list of salvageable materials and/or equipment. Items identified will be documented as such in the TORFP. It’s the contractor’s responsibility to raise any questions or concerns with the list provided before proposals are submitted. All non-salvageable metals must be disposed of in accordance with applicable state regulations.

1.15 WORK SITE MAINTENANCE

All scrap and debris caused by the operations under this contract shall be policed up and removed at the end of each working day and disposed of properly. All non-usable construction debris (wood, concrete, inert building materials, demolition waste, etc.) will be the property of the Contractor and the Contractor is responsible for the proper disposal. The Contractor shall dispose of such debris at a landfill licensed by the applicable State to accept such waste. Disposal of demolition waste shall be in accordance with applicable state regulations. The Contractor shall provide all necessary forms, manifest, and other documentation necessary to ensure construction and demolition waste is disposed of in a landfill that has been permitted by a state regulatory agency to accept such waste.

Building(s) affected by work under this contract shall be maintained and weatherproof at all times. While a work effort is being put forth, (from the issuance of a Task Order to final acceptance by the Government), the Contractor shall be responsible for protecting personnel, furnishings, and facilities from damage, theft, vandalism, dust, dirt, etc., resulting from work of each Task Order. The Contractor shall restore all such damaged items to their original condition at no additional expense to the Government. The Contractor will not be held responsible for damages due to pre-existing leaks or leaks which develop during the work of this contract that are determined to be unrelated to Contractor's operations. Excavations that are to be left open over-night shall be barricaded. The contractor shall store all supplies and equipment in accordance with fire and safety codes at the location designated by or coordinated with the COR.

1.16 GOVERNMENT EQUIPMENT ON SITE

The Contractor shall secure equipment that is to remain in place within the area of contract operations to protect it against damage or loss. The Contractor shall, as directed, store equipment removed in the performance of work or reuse the equipment in work as required by the particular order. Equipment temporarily removed shall be protected, cleaned, and replaced in equal to or better than its condition prior to starting work. Security for equipment or material that is to be reused and is removed for temporary storage shall be the sole responsibility of the Contractor

1.17 TRUCKING

The Contractor shall load trucks leaving any work site with loose debris in a manner that will prevent dropping of materials on streets. All vehicles transporting hot-mix compounds, sand, base course material, surfacing aggregates or dirt, or general debris related to work performance under this contract and traveling more than thirty-five (35) MPH shall have such materials covered with a tarpaulin canvas. The Contractor shall be responsible for cleaning up any materials that fall from trucks, and/or for damages caused thereby.

1.18 NOISE CONTROL

The Contractor shall comply with all applicable state and local laws, ordinances, and regulations relative to noise control.

1.19 MOVING OF FURNITURE/EQUIPMENT

Furniture, portable office equipment, and wall appurtenances not rigidly fastened to the walls in the immediate area of work that is unable to be moved by the building occupant, shall be moved by the Contractor, protected from damage, and subsequently replaced to original position. Incidental costs associated with moving furnishings up to approximately 150 pounds shall be included in the proposed price for each task order. If the work required by an order will not allow furniture and portable office equipment to be replaced to its original location, new locations will be designated by the CO or the COR for replacement by the Contractor. (NOTE: Work of this nature shall be considered incidental to a project’s requirements; it is not the expectation of the Government that the Contractor shall be required to move out complete sets of office/building furnishings and/or equipment without the opportunity to propose a price for the work).

1.20 DAMAGES

The Contractor shall take all precautions to ensure that no damage will result from any operations to private or public property. All damages resulting from the negligence of the Contractor or any subcontractor(s) shall be repaired or replaced by the Contractor at no cost to the Government.

1.21 TRAFFIC CONTROL

The Contractor shall be responsible for providing all necessary traffic control, such as street blockades, traffic cones, flagmen, etc., as required for each specific Task Order at no additional cost to the Government. Proposed traffic control methods shall be submitted to the CO and COR for final approval. No street shall be completely closed to traffic except as approved by the COR. A minimum of 72 hours prior to conducting work on roadways, the Contractor shall notify the COR of the intended start date.

1.22 INTERRUPTION OF UTILITIES SERVICE

All temporary outages of any utility services required for the performance of work under this contract shall be scheduled with the COR no less than 72 hours in advance of such outages, except in emergency situations as approved by the CO or COR. The Contractor may request a waiver from this requirement from the COR when the utility outage will be of a very limited nature (e.g., within a few rooms of a building) and ample coordination has been made with the affected customer. If during work performance the Contractor has determined that a utilities related situation involves risk to life or substantial risk to property, utilities shall be immediately disrupted to reduce the emergency and alleviate the risk. If such a risk exists, or if such a disruption does occur, the Contractor shall notify the COR at the earliest practical time, and in no case later than 2 hours following the occurrence.

1.23. DELIVERY OF MATERIALS

It is the responsibility of the Contractor and their subcontractors to inform vendors and truck drivers of the prime contractor's name, contract number and work site location for each delivery. Contractors shall coordinate and provide escorts for suppliers' trucks from the perimeter gates to the job site as required. Delivery of materials and equipment shall be made with a minimum of interference to operations, personnel, and students.

1.24 ENVIRONMENTAL PROTECTION

All work shall be performed in accordance with all Federal, state, and local laws and regulations.

1.24.1 CONTRACTOR EXPERIENCE AND KNOWLEDGE

The Contractor shall be Federally, State or Locally Certified/Permitted to perform specific environmental work defined in the scope of an order, as required by the applicable authority having jurisdiction. Copy of the applicable certification/permit shall be submitted to the Government for review a minimum of 10 working days in advance of scheduled work start date. As required in specific delivery orders, the Contractor shall provide documentation verifying that Contractor employees are OSHA and DOT certified to handle and transport hazardous waste/materials and have received hazardous wastes/materials training in accordance with applicable Federal, state, and local laws and regulations. The Contractor shall also provide documentation which includes but is not limited to medical monitoring and respirator fit tests for each employee, as specific work mandates.

1.24.2 PERMITS, FEES, AND LICENSES (ENVIRONMENTAL)

All permits, licenses, and taxes required for performance of ordered work, and payment of fines, penalties, and associated fees for noncompliance or improper performance of applicable work shall be the responsibility of the Contractor.

1.24.3 COORDINATION

The Contractor shall coordinate and schedule all applicable work with the appropriate Federal, State, and local government agencies, as required by those agencies.

1.24.4 DISPOSAL OF MATERIALS/WASTES

Drums and containers used during the course of work shall meet the appropriate DOT and EPA regulations for the materials/wastes they will contain. Contractor shall manage, handle, and dispose of hazardous waste and special waste in accordance with all state, federal and local laws, and regulations. Copies of all applicable documentation shall be provided to the Government for approval 5 working days prior to shipment.

1.24.5 DISPOSAL OF WASTE - NATURAL MATERIALS

The Contractor shall dispose of wood chips, sawdust, leaves, and grass clippings generated by this project at a landfill licensed by the applicable State to accept such waste. The Contractor shall dispose of logs less than four inches (4") in diameter, and all limbs, twigs, and other brush at a landfill licensed by the applicable State to accept such waste. The Contractor shall dispose of logs greater than four inches (4") in diameter, and twelve feet (12') or less in length by sale or retention for sale, or by disposal at a landfill licensed by the applicable State to accept such waste.